Last updated: February 2026

These Terms constitute the entire agreement ("Agreement") between the Customer and Vital Data Recovery ("VitalData"). By submitting a device or authorizing services, the Customer agrees to this Agreement.

1. Service Authorization

The Customer authorizes VitalData to perform diagnostic, evaluation, stabilization, repair, and data recovery services (the "Services"). Devices may be opened, disassembled, modified, or operated outside manufacturer specifications. Manufacturer warranties may be voided.

VitalData may use specialized tools, donor parts, third-party hardware or software, and laboratory processes reasonably required to attempt recovery.

2. Ownership and Authority

The Customer represents that they are the legal owner of the device and data submitted or are authorized by the legal owner. The Customer warrants that all data submitted is lawful.

The Customer agrees to indemnify and hold VitalData harmless from claims arising from lack of ownership, authorization disputes, or unlawful data.

3. Nature of Data Recovery and Risk

To perform diagnostic and recovery work, devices may need to be opened, disassembled, or modified.

Due to the condition of damaged media and the nature of recovery procedures, devices may not be returned to their original physical or cosmetic condition. In some cases, reassembly may not be possible.

The Customer acknowledges that preservation of data may require procedures that permanently alter the device.

Data recovery is performed on damaged or unstable media and involves inherent risk. Attempts to access data may further damage the device and may result in partial or total data loss. Devices may become permanently inoperable.

VitalData does not guarantee recovery of any specific files or data. Recovery results may be incomplete.

VitalData is not responsible for damage or data loss resulting from prior repair attempts, previous recovery attempts, or handling by third parties.

4. Limited Liability

Services are performed using reasonable care consistent with industry practices. To the maximum extent permitted by law, VitalData shall not be liable for indirect, incidental, or consequential damages including loss of data, loss of revenue, loss of business, or downtime.

VitalData’s total liability shall not exceed the total amount paid by the Customer for the Services, except in cases of gross negligence or willful misconduct where applicable law does not allow limitation.

5. Evaluation and Approval

Devices are evaluated to determine failure and recovery options. No recovery work requiring significant labor or parts will proceed without Customer approval of the quoted service, except where immediate action is technically required to preserve recoverable data.

6. Payment

The Customer agrees to pay all agreed charges including recovery fees, parts, media, shipping, and applicable taxes. Payment is required prior to release of recovered data unless otherwise agreed in writing.

If no usable data is recovered, no recovery fee will be charged unless otherwise agreed for special services.

7. Data Verification and Responsibility

The Customer is responsible for verifying recovered data promptly upon delivery. VitalData is not responsible for data after delivery to the Customer.

The Customer is responsible for maintaining backups of recovered data.

8. Confidentiality and Data Retention

Customer data is accessed solely for recovery purposes and handled under confidentiality obligations. Data may be stored temporarily on secure internal systems.

Recovered data will be retained for ten (10) days after delivery unless extended storage is requested. After this period, recovered data and working copies may be permanently deleted without further notice.

9. Indemnification

The Customer agrees to indemnify, defend, and hold harmless VitalData and its employees, contractors, and representatives from any claims, damages, liabilities, costs, or expenses arising from:

(a) the Customer’s lack of legal authority over the device or data; (b) unlawful or unauthorized data contained on the device; (c) disputes regarding ownership or rights to the data; (d) instructions provided by the Customer.

10. Shipping and Transport

All shipping and transport are at the Customer’s risk unless otherwise agreed in writing. The Customer is responsible for proper packaging and insurance. VitalData is not responsible for loss or damage during transit.

11. Abandoned Property

Devices and media must be claimed within ninety (90) days after notification of completion. If no arrangements are made within seventy-six (76) days, VitalData will send a final notice by email providing fourteen (14) additional days to respond. Notice sent to the last known email address shall be deemed sufficient.

If no response is received, the property will be considered abandoned and may be disposed of or destroyed. Recovered data may be permanently deleted.

12. Right to Refuse Service

VitalData reserves the right to refuse, suspend, or terminate services where ownership cannot be verified, where safety risks exist, or where devices present technical or environmental hazards.

13. Governing Law

This Agreement shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Montreal, Quebec.

14. No Warranty

Services are provided on an “as-is” basis without guarantee of recovery. To the extent permitted by applicable law, all warranties are disclaimed except those that cannot be excluded by law.