The following terms and conditions regulate your request, purchase, or receipt of data recovery services provided and delivered by 
(hereinafter referred to as “TDI”, “we”, “us”, “our”, “laboratory”), with offices at:
We encourage you to read our Terms and Conditions before submitting a data recovery case. After receiving a case submission under these terms, the company will designate the applicable representatives to perform the services. TDI reserves the right to make changes to these terms at any time.
Authorization of the Recovery Process
If you desire to engage TDI to recover data, you should submit credit card information to authorize the data recovery process.
Generally, the turnaround time is provided with the best of circumstances in mind. However, due to the nature of the data recovery field, sometimes unpredictable circumstances, certain complications, and other technical problems may occur during the recovery operations and this may create a situation where more turnaround time is needed. By accepting these Terms and Conditions, you automatically accept the possibility of such time estimate extensions.
Data recovery associated costs do not include a new return data storage device and will be separately quoted. Where possible and if the amount of data does not exceed the limit, recovered data may be available over Secure Cloud Storage.
Recovery Service
We will use all possible methods to recover all the recoverable data from your data storage device.
Data Delivery Options for Recovered Data
We offer two options to receive your recovered data; 1. We will establish and provide a temporary cloud account under which your recovered data will be available to you to download; or (2) we will return your data to you on a brand-new external hard drive. An additional charge will apply for a brand new hard drive. The return media will be encrypted by default to ensure data security during the shipping process.
Unsuccessful Recovery Effort
In the event that data recovery from your submitted device is unrecoverable, we will inform you accordingly and will not refund your money. The return shipping and handling costs are covered by the Customer.
If for some reason you decide that you would like a refund, you must request a refund before our work on your submitted device commences. If you request a refund before our work on your submitted device, then we will refund your purchase price less the shipping costs for us to return your device to you. If you do not request a refund before we commence work on your submitted device, then you forfeit this option and will not be eligible for a refund.
Return of Original Media
Upon request, the original device can be returned to you. You will be charged for the return shipment cost.
We ask you not to send USB cables or any other accessories with your devices. All media enclosures, cables, and original boxes are removed during the device evaluation process and are utilized.
You should accept that some devices (e.g. iMacs) can be damaged during the evaluation and recovery process which makes the devices useless. We will not be able to return these devices as well.
Disposal of Abandoned Storage Media
Any data storage device left in our possession without any reasonable communication from the Customer side will be disposed of, reused, or recycled after 30 days, and you release TDI from any obligation of confidentiality related issues.
Service Limitations
You understand that data recovery cannot be guaranteed. Every reasonable effort will be made to recover your data, but we do not promise any results. Also, you understand and acknowledge that a hard drive, flash drive, memory card, or mobile phone may fail/may render data unrecoverable at any attempt and time even while in possession of TDI data recovery engineers. Under no circumstances, TDI takes any responsibility for such events.
Terms of Payment and Payment Plans for Data Recovery Service
We accept different payment methods.
The service fee is non-refundable. This implies that once the fee has been paid, it cannot be returned, even if the data recovery process is unsuccessful.
Taxes
You accept that TDI shall withhold all taxes where it is necessary and required by law.
Authorization
Upon shipping your data storage device to TDI, you automatically authorize TDI and its employees, its independent contractors, agents, and delegates to receive and transport the device (sent for data recovery), conduct inspection, evaluation, data checking, recovery attempts and processing of each data storage device.
Legal Rights
By submitting a data recovery case, you represent and warrant to TDI that you are of the legal age of majority in your state or country of residence. You also warrant that you are the legitimate owner or the authorized representative of the legal owner of the submitted device and/or data.
The legal owner or the authorized representative of the legal owner of the submitted device will defend and indemnify TDI and its employees from any claims or legal actions relating to the submitted storage device or equipment or data, or your rights or lack thereof.
Confidentiality
We take reasonable steps to protect the confidentiality of your data against unauthorized access, except as required by law, and will use your storage device and confidential data for no purpose other than data recovery.
Disclaimer
TDI, its employees, engineers, directors, and officers make no express warranties, guarantees, representations, conditions regarding the provided data recovery services or their outcome. All data recovery attempts are performed as is with all faults, at your sole risk.
Limitation of Liability
The Customer acknowledges that the data storage device is already damaged prior to the receipt by TDI. TDI will not be liable for any claims regarding the transportation, packaging, damages, physical functioning of the storage device, equipment or to the condition or existence of data on the data storage device supplied before, during, or after the data recovery services unless you prove that we caused damages intentionally. To the maximum extent permitted by applicable law, this disclaimer shall apply to all damages, regardless of TDI has advised of the possibility of harms or loss to persons or property. Our liability of any kind with respect to the data recovery services, including any negligence on our part, shall be limited to the total amount paid by the Customer for the services requested. In no event will TDI or its contractors, officers, directors, employees be liable for any loss of data, damage to the device, loss of revenue or profit, indirect, special, incidental, or any other consequence of the service provided. The sole purpose of this limitation is to limit our liability for performing any kind of data recovery services, and the allocation of risk is reflected in our data recovery prices. You acknowledge that you are aware of the possible inherent risks of injury and property damage involved with data recovery. Without limitation, includes risks due to the destruction or damage to the storage device or data and inability to recover data and that such risk will be at your sole and entire responsibility.
Transportation of a data storage device may be made by the Customer, or third-party professional shipping couriers. TDI shall not be liable for the condition of the Customer’s data storage device nor for its transport to or from TDI laboratories, addresses provided by third-party professional shipping couriers or the Customer. The Customer may request their storage devices and/or equipment to be insured by the shipping courier at the Customer’s additional cost. The Customer agrees to inform TDI in writing of special packaging requirements for the Customer’s data storage device and the requested insurance value of the Customer’s data storage device for transport.
When TDI ships the Customer’s data storage device, TDI uses the proper packaging and estimates the physical value of the Customer’s storage device for transport.
Personal Data
You accept that you (the legal owner or the authorized representative of the legal owner) provide correct information when requesting service, and you must promptly update us if and when that information changes.
You also accept that we may communicate through the communication options you provided when requesting services, and we may send notifications to you regarding your cases. TDI shall have no legal responsibility associated with failures from your side to maintain correct contact information.
Compliance with Laws
You acknowledge and agree to comply with all laws, statutes, and regulations regarding your use of TDI services and this website.
International Trade Law
You understand that all TDI services and this website may be subject to the customs and export control laws and regulations of the U.S. TDI reserves all the rights to refuse data recovery services or the return of any storage devices that have been determined to violate laws and regulations.
Settlement of Disputes
Any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation, and performance thereof (“Dispute”) shall be resolved with the following procedures:
A. Negotiation
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
B. Mediation
If the dispute has not been resolved by negotiation in accordance with paragraph A, then the parties shall proceed to mediation before JAMS in Los Angeles County, California
All communications, both written and oral, during mediation shall be confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence
C. Arbitration
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration before JAMS in Los Angeles county, using their commercial arbitration rules. The arbitration will be before one arbitrator. The arbitrator may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding).
Assignment
You agree that these Terms and Conditions cannot be assigned or transferred unless TDI gives its prior written approval. TDI may freely assign or delegate all or some portion of its rights and obligations under mentioned terms without your approval but will provide you with a written notice if that event takes place.
This document was last updated on July, 2023.