Terms & Policies

The following EU Data Act Addendum ("Addendum") governs all Switching and/or Deletion Requests (as defined below) made by a Customer pursuant to Regulation (EU) 2023/2854 (the "EU Data Act"). The Addendum is incorporated into, and forms a part of, the Intercom Terms of Service or Intercom Master SaaS Subscription Agreement (as applicable, the "Agreement") between Intercom and the entity that entered into the Agreement ("Customer"). This Addendum's terms only apply to Agreements formed or orders placed on or after September 12, 2025. Unless otherwise stated herein, defined terms shall have the meaning given in the Agreement. Intercom reserves the right to update the terms of this Addendum from time to time.

1. Switching and Deletion Requests Process

1.1. A Customer who is registered in and has a billing address in the European Union may give Intercom a 2-month notice ("Notice Period") to either switch a Service and migrate its Customer Data to a different third party service provider or to its own on-premise infrastructure ("Switching Request") or delete its Customer Data from a Service ("Deletion Request"). "Switching" or "Switch" shall have the meaning as defined in Art. 2(34) EU Data Act. Customer assumes full responsibility for any Switching or Deletion Requests of Customer Data requested by Customer pursuant to this Addendum.

Customer shall make the Switching Request or Deletion Request to Intercom in writing at legal@intercom.com.

    1.1.1. The Switching Request shall include:

        a) the Service and Customer Data that it wishes to Switch;

        b) whether Customer intends to (i) Switch to a different service provider (and shall in this case provide the necessary details of the new service provider), or (ii) Switch to an on-premises ICT infrastructure of Customer;

    1.1.2. The Deletion Request shall include:

        a) the Customer Data that it wishes to delete;

        b) the Customer's intention to erase its Customer Data.

1.2. Notice Period shall start from the date that Intercom receives a fully completed Switching Request or Deletion Request in accordance with Section 1.1 herein. Intercom will support:

    1.2.1. Customer's Switching Request in accordance with the EU Data Act by providing Customer with instructions (including such instructions already set out in the Documentation) for Customer to export Customer Data no later than 30 calendar days after the end of Notice Period ("Transition Period").

    1.2.2. Customer's Deletion Request in accordance with the terms and conditions of Intercom's Data Processing Addendum (including by providing Customer instructions as set out in the Documentation).

1.3. Intercom will inform Customer within fourteen (14) working days of receiving a Switching Request if the Transition Period is technically unfeasible, providing a reasonable explanation for such technical limitations and an alternative Transition Period for Customer to export their Customer Data. Customer shall have the right to extend the Transition Period by notice to Intercom within fourteen (14) working days, to a reasonable period that is appropriate under the circumstances (as determined in good faith), which shall not exceed 7 months, provided that this right may only be exercised one time. In the event that any such extension exceeds the original Subscription Term, Customer will be responsible for Subscription fee for the remainder of the Transition Period.

1.4. Throughout the Switching process and in accordance with the Agreement, Intercom will provide reasonable assistance as set out in 1.2.1., act with due care to maintain business continuity and maintain the agreed level of security that applies to Customer Data under the Agreement. Intercom will inform Customer of any known risks to the continuity in the provision of the Services and/or technical limitations as a result of Switching. Once the export of Customer Data is complete, Customer shall notify Intercom that the export is completed.

1.5. It is Customer's sole responsibility to ensure that Customer has all rights and permissions concerning Switching or a Deletion Request before exercising its rights hereunder.

2. Termination

2.1. The Order Form(s) impacted by the Switching Request or the Deletion Request will automatically terminate upon:

    2.1.1. for Switching Request(s), the earlier to occur of: (i) Customer notifying Intercom in writing that the export of Customer Data is complete in accordance with Section 1.4 or (ii) the end of the Transition Period; and

    2.1.2. for Deletion Request(s), the end of the Notice Period;

in each case (the "Termination Date").

2.2. For the avoidance of doubt, such termination will not relieve Customer of its obligation to pay any fees due to Intercom for the period prior to the Termination Date. Customer must pay any outstanding fees covering the remainder of the term of the relevant Order Form(s) as an early termination fee. Customer acknowledges that the early termination fee is proportionate and is the result of negotiation between the parties (with such negotiations having included any discounts originally agreed at the time of contracting for anticipated use throughout the full Subscription Term). Intercom reserves the right to charge for assistance going beyond its obligations under the EU Data Act as set forth in Section 1.4. of this Addendum at its then applicable rates for professional services. Intercom will not charge any other fees or any penalties in relation to early termination.

2.3. Intercom will continue to provide the Services in accordance with the Agreement until the Termination Date or until the end of the subscription period. Subject to Section 2.2. above, Intercom shall reasonably support Customer's exit strategy relevant to the Switching Request, including by providing relevant information.

2.4. Notwithstanding anything to the contrary set out in the Agreement, for a period up to thirty (30) days after the Termination Date ("Retrieval Period") Customer may access Customer Data, unless the Customer Data has been deleted as per a Deletion Request. Following the expiry of the Retrieval Period, Customer can request permanent deletion of all Customer Data in accordance with the process set out in Section 10 (Return or Deletion of Customer Personal Data) of the DPA. If Customer does not request such deletion, Intercom will automatically delete Customer Data in accordance with the process set out in Section 10 of the DPA. Intercom shall, subject to the terms of this Addendum and the Agreement, erase all Customer Data.

3. Exclusions

In accordance with the EU Data Act, Switching or Deletion Requests will not be accepted for Beta Offerings and Trial Subscriptions (as defined in the Agreement) or for any Service that has been provided by Intercom for a limited period of time specifically for testing and evaluation purposes. For the avoidance of doubt, this Addendum does not apply to Customers without a billing address in the European Union.