Vercel Terms of Service DORA Addendum

Vercel Terms of Service

DORA Addendum

Last Updated January 17, 2025

DORA Addendum

• Introduction
• Vercel Commitments
• Definitions

1. Introduction

1.1 To the extent that you are a company or other legal entity subject to DORA, this DORA Addendum ("Addendum") is entered into and is supplemental to, and made pursuant to, the Terms of Service or other agreement between you and Vercel Inc. ("Vercel") governing the provision of Vercel's cloud-based platform or software services to you ("Agreement"); is effective as of the later of: January 17, 2025 or the effective date of your Agreement ("Addendum Effective Date"); and the provisions below, including the additional definitions set out in paragraph 3, shall apply in relation to the provision of the Services by Vercel under the Agreement.

1.2 Except as set forth below, all other terms and conditions of the Agreement are hereby incorporated by reference and shall remain in full force and effect.

1.3 You enter into this Addendum on behalf of yourself to the extent required under DORA. If you are entering into this Addendum on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind the entity to this Addendum, in which case "you" (whether or not capitalized) means the entity you represent and any Affiliates to the extent such Affiliates are included and covered under the Agreement. If you do not have such authority or are not subject to DORA, this Addendum shall be void.

1.4 In the event of any conflict between the provisions set out in this Addendum and the rest of this Agreement, the provisions in this Addendum shall govern solely to the extent of the conflict.

2. Vercel Commitments

2.1 The Services provided by Vercel to you are described in the Agreement.

2.2 Vercel shall:

ensure or procure that the Service is only provided from, and Your Content is only stored and processed in, the United States or countries where Vercel or its subprocessors maintain operations (each, a "Service Location"); and

notify you in advance if any of the Service Locations will change.

2.3 Vercel shall:

ensure that you have access to all Your Content in Vercel's possession or control, in an easily accessible format through the Services, in the event:

Vercel is subject to an Insolvency Event;

Vercel's business operations are subject to resolution or discontinuation; or

of termination or expiry of this Agreement within thirty (30) days of such event and upon request; and

ensure that it has and maintains in place and procure that its relevant subcontractors have and maintain in place, appropriate security standards and procedures designed to protect the availability, authenticity, integrity and confidentiality of Your Content.

2.4 Vercel shall perform the Service in accordance with the service standards set out in the Agreement or, if there are no service standards specified, in accordance with standard industry practice and applicable law.

2.5 In the event an ICT-Related Incident occurs in relation to the Service, Vercel shall, except where Vercel is responsible for the ICT-Related Incident, in return for the payment of fees calculated on a time and materials basis, using Vercel's rates then in effect, provide or procure the provision of such reasonable assistance as you may request in relation to the investigation, management and resolution of the ICT-Related Incident.

2.6 Vercel shall, at all times during the term of the Agreement, cooperate with your Regulators and their appointees in fulfilling their respective oversight and resolution functions.