You must provide 60 days’ prior written notice for a switching or deletion request. This is referred to as the Notice Period. The Notice Period begins once a proper switching or deletion request has been received. Please reach out to your designated account executive in order to start the process.

Please reach out to your account executive to make a switching or deletion request. The request is deemed received once you have provided all the requested information needed for Rubrik to determine whether it qualifies as a valid switching or deletion request under the EU Data Act. In accordance with the EU Data Act, switching or deletion requests will not be accepted for Free Trials or betas, or for any services provided for testing and evaluation purposes for a limited period of time.

Once a valid switching request has been received, the 60-day Notice Period begins.

Once the Notice period expires, a 30-calendar-day Transitional Period begins. During this window:

• Rubrik will continue to provide the Rubrik Service under your existing agreement and maintain business continuity.
• Rubrik will provide commercially reasonable assistance and information to help you or your authorized third party complete the switch.
• Rubrik will share any known business continuity risks related to the switching process.
• Rubrik will continue to meet its security obligations under your agreement.

The Transitional Period may be extended in two ways:

• By Rubrik, if Rubrik determines within 14 business days of receiving your request that the standard 30-day period is technically unfeasible. In that case, Rubrik will explain the technical limitations and propose an alternative period of up to seven months from the end of the Notice Period.
•  By you, for one additional 30-calendar-day extension, by notifying Rubrik by email before the Transitional Period expires.

After the Transitional Period ends, you have a 30-calendar-day Data Retrieval Period to retrieve any remaining Exportable Data from the Rubrik Service. During this window, your access to the Rubrik Service is limited solely to the purpose of exporting your data. Rubrik will continue to maintain its security obligations during this period. After the Data Retrieval Period, Rubrik will delete your data in accordance with its data retention policies and your agreement.

Exportable Data comprises your Rubrik-hosted backup data, usage data, and relevant metadata to the extent such data is reasonably retrievable using existing technologies or services. Exportable Data does not include data protected by Rubrik’s or any third party’s intellectual property rights or trade secrets, data that could compromise the integrity, security or availability of the Rubrik Service, or data that requires developing new technologies or services to export.

Once a valid deletion request has been received, the 60-day Notice Period begins.

After the 60-day Notice Period expires, Rubrik will delete your customer data from the Rubrik Service to the extent permitted by applicable law. Your agreement with Rubrik will automatically terminate at the end of the Notice Period.

Yes. If you switch or request deletion before your agreement term expires, there is an early termination fee (exclusive of egress charges), which is the fee paid or payable for the remainder of the applicable Subscription Period (including any applicable Transitional Period) for the terminated Rubrik Service.

Yes. You are responsible for paying any fees charged by third-party cloud service providers as part of the switch, including data egress, compute, or other fees.

• Continue to comply with all of your obligations under your agreement with Rubrik throughout the Transitional Period and Data Retrieval Period.
• Respect the confidentiality and intellectual property rights of any materials Rubrik provides as part of the switch.
• You are responsible for importing data into your replacement service and confirming that the replacement service can receive it.
• You are responsible for the actions of any replacement provider or authorized third party involved in the switch.
• Provide Rubrik with satisfactory evidence that any replacement provider or authorized third party is properly authorized to participate in the switching process and to receive your data.
• Cooperate in good faith (and ensure your replacement provider and authorized third parties do the same) to complete the switch effectively and maintain continuity during the transition.
• Pay for any fees charged by third-party cloud service providers as part of the switch, including data egress, compute, or other fees.

Notify Rubrik promptly by email once the switch has been successfully completed. Upon that notification (or at the end of the Transitional Period, whichever is earlier), the Transitional Period and your agreement will automatically terminate.