These terms constitute the entire agreement ("Agreement") between the purchaser of the services described herein ("Customer") and Vital Data Recovery ("VitalData"). By engaging VitalData to provide the services, the Customer agrees to this Agreement.

1. Service Authorization

The Customer authorizes VitalData to perform services including the evaluation of the Customer’s data loss situation, the repair and/or recovery of any retrievable data, and other related services (the "Services"). The Customer agrees that VitalData may need to open the Customer’s device(s) for diagnosis or repair, and that this may void any manufacturer warranty.

2. Legal Rights

The Customer warrants that he or she is the legal owner, or the authorized representative of the legal owner, of the property, media, equipment and all data submitted to VitalData.

3. Limited Liability

The Customer agrees that VitalData assumes no liability for loss or damage to the Customer’s data or property during device handling, diagnostics, recovery procedures, or transportation. VitalData is not responsible for loss or damage during shipping or transit, whether shipments are insured or not, including transport between VitalData facilities and associated entities.

The parties agree that the total liability of VitalData under this Agreement shall in no event exceed the total sums paid by the Customer to VitalData.

4. Acknowledgment of Existing Conditions

The Customer acknowledges that any device or equipment submitted for analysis or processing may have pre-existing damage or other issues, and that VitalData cannot be responsible for such damage or for further problems arising from it. The Customer understands and agrees that the provision of Services by VitalData may not result in a complete recovery of data.

5. Confidentiality

VitalData handles all Customer data in accordance with its Privacy Policy. No data stored on, supplied with, or recovered from Customer equipment is disclosed to any third party except as required to perform the recovery under confidentiality obligations or as required by law.

6. Payment

The Customer agrees to pay VitalData all sums for the Services, including evaluation and recovery fees, shipping, applicable taxes, and parts or media. Payment is due in full upon completion of a successful recovery, prior to the release of data, unless otherwise agreed in advance. If no data can be recovered, the Customer will be informed and no recovery fee will be charged.

7. Abandoned Case

Any items not claimed within ninety (90) days after the completion of the evaluation will be considered abandoned and may be disposed of by VitalData, including all data and media, at VitalData’s sole discretion. Disposal may include secure erasure or physical destruction.

8. Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior oral and written agreements. Any modifications must be made in writing and acknowledged by both parties. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. Each party irrevocably submits to the exclusive jurisdiction of Montreal.

9. Disclaimer of Warranties

Services are performed “as is”, with all faults, at the Customer’s sole risk. VitalData provides no express warranties, representations, or guarantees regarding its data recovery services or their results. All implied warranties, including merchantability, fitness for a particular purpose, accuracy, or completeness, are expressly disclaimed.