Additional Terms of Service for Customers with Headquarters in Specific Jurisdictions

1. Jurisdiction Specific Terms

1.1 European Union - Data Portability and Switching. To the extent Customer is Headquartered in the European Union or otherwise subject to Regulation (EU) 2023/2854 (the "EU Data Act"), Articulate will facilitate Customer's ability to switch to alternative service providers by: (a) making Customer Content available in common, machine-readable, and structured formats as specified in the Documentation; (b) providing reasonable assistance to facilitate data migration upon Customer's written request; and (c) not impose any charges or fees for switching-related data export or assistance to the extent required by law. Customer may exercise these rights at any time during the Subscription Term and for thirty (30) days following termination. Nothing in this Agreement is intended to limit Customer's rights under the EU Data Act.

1.2 Australia - Consumer Guarantees. If Customer has Headquartered in Australia, nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy conferred on Customer by the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. If the Competition and Consumer Act 2010 (Cth) or any other legislation implies a guarantee into this Agreement and Articulate's liability for failing to comply with that guarantee cannot be excluded but may be limited, then Articulate's liability for that failure is limited to, at Articulate's election: (a) in the case of goods, replacing the goods, supplying equivalent goods, or repairing the goods; or (b) in the case of services, supplying the services again or paying the cost of having the services supplied again.

1.3 Canada - Language. If Customer is Headquartered in the Province of Quebec, Canada, the parties confirm that it is their express wish that this Agreement and all related documents be drawn up in English. Les parties confirment que c'est leur volonté expresse que cette convention et tous les documents qui s'y rattachent soient rédigés en anglais.

1.4 United Kingdom - Consumer Rights. If Customer is Headquartered in the United Kingdom, nothing in this Agreement affects Customer's statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation that cannot be excluded or limited by agreement.

2. International Dispute Resolution

Notwithstanding Section 12.2 of the Agreement, if Customer is Headquartered in the Asia-Pacific region (including Australia, New Zealand, Japan, China, Hong Kong, Taiwan, Korea, India, or ASEAN member states), disputes will be resolved by binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in Singapore under its Rules of Arbitration. If Customer is Headquartered in Europe, the Middle East, or Africa, disputes will be resolved by binding arbitration administered by the London Court of International Arbitration (LCIA) in London under the LCIA Arbitration Rules. Arbitration will be conducted in English by a single arbitrator mutually selected by the parties. Judgment upon the award rendered may be entered and enforceable in any court of competent jurisdiction.

3. General Savings Clause

To the extent any provision of the Agreement conflicts with mandatory local law applicable to Customer, such mandatory local law shall prevail to the minimum extent necessary. The invalidity or unenforceability of any provision under local law shall not affect the validity or enforceability of the remainder of the Agreement or the application of such provision in other jurisdictions.