Terms & Conditions

Last updated: January 2025

A. General

The Site is operated by Data Forensics GmbH (the "Company").

These terms and conditions together with any other terms and policies published on the Site ("Terms") govern your ("You" or "Your") use of the Services provided to You by the Company as well as Your use of the Site. These Terms should be read carefully by You in their entirety prior to Your use of the Services or the Site. Please note that these Terms constitute a legally binding agreement between You and the Company.

These Terms incorporate the Company's privacy policy (the "Privacy Policy"); by agreeing to these Terms, You confirm that You also accept and agree to the Privacy Policy.

B. Definitions

In these Terms, the following words and phrases shall have (unless the context otherwise requires) the meaning set out beside them:

"Auxiliary Services" means services provided by the Company to Your Counsel in connection with proceedings initiated by You and/or Your counsel to retrieve the Funds; these include collection and provision of information and documentation, coordination with Your Counsel, technical support, translation and provision of evidence, as well as Our availability in connection with such proceedings.

"Complaint" means a complaint filed by the Company in Your name.

"Counsel" means legal counsel and/or legal representative.

"Extended Report" means a report that includes all transactions made with respect to the Funds from the transfer made by You to the Merchant (directly or indirectly) until the last available transfer of the Funds as of the date of the Extended Report (or as provided in the Extended Report).

"Funds"means funds transferred to You, directly or indirectly, to the Merchant.

"Limited Report"means a report that includes the financial profile of the Merchant.

"POA" means the power of attorney provided to Us to file Complaint(s) according to Section 25.

"Report" means the any of the reports provided by the Company to You, including, but not limited to, the Extended Report and the Limited Report.

"Restricted Territories" means any jurisdiction in which the Site and/or Services are not available at the Company's sole and absolute discretion.

"Services" means any products and services provided by Us to You (including, but not limited to, the Reports, filing a Complaint / Complaints on Your behalf) and liaising with applicable exchanges, law enforcement authorities and/or any other third party in connection with the Complaint(s); for the avoidance of doubt, the Services do not include any legal and/or collection Services. For the purpose of these Terms, the term "Services" includes the Auxiliary Services.

"Site" means the website and/or mobile site which is located at www.data-forensics.de

"Transaction" means the transaction(s) via and/or in connection with which You transferred the Funds, directly or indirectly, to the Merchant.

"We", "Our" or "Us" shall mean the Company as well as any of its subsidiaries, affiliates, employees, shareholders, owners, directors, officers, agents, suppliers, consultants and contractors.

C. Binding Effect

By using the Site and/or the Services, You agree to be bound by and to act in accordance with these Terms, as they may be updated from time to time by the Company at its sole and absolute discretion, without any reservation on Your part.

The Company reserves the right to amend these Terms at any time, at its sole and absolute discretion. The Company will notify You of any amendments to these Terms by posting the amended Terms on the Site; for the avoidance of doubt, the Company is under no obligation to notify You of the amendments in any other form or manner. If You do not wish to be bound by such amended Terms You must stop using the Site and Services prior to such amendment entering into force. If You continue to use the Site or Services after such amended Terms enter into force, You shall be deemed to agree to such amended Terms and will be bound by them.

These Terms, together with the Privacy Policy, supersede all prior agreements in relation to this subject matter and constitute the entire and whole agreement between You and the Company. You confirm that, in agreeing to accept these Terms, You have not relied on any representation by Us.

D. Who is Entitled to Use the Site and/or Services

You may use the Site and/or Services only if You do not violate any law or regulation as a result of using the Site and/or Services. In this context, You agree that if You reside or are present in any jurisdiction that prohibits using the Site and/or Services as provided by the Company (including without limitation in any of the Restricted Territories) You shall not use the Site and/or Services. You represent, warrant and agree that Your use of the Site and/or Services will comply with all applicable laws, statutes and regulations. It is Your responsibility to ensure that You comply with any and all laws applicable to You before using the Site and/or Services. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or the Services. You shall be solely responsible for determining whether Your use of the Site and/or Services is legal in the place where You live and/or use the Site and/or Services. You may use the Site and/or Services solely for Your personal and non-commercial use.

The Site and Services are intended only for persons who are not prohibited by the laws of any applicable jurisdiction from using the Site and/or Services as offered by the Company. The offering or availability of the Site and/or Services shall not be deemed or interpreted as an offer or invitation by Us to use the Site and/or Services, if You reside in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where the Company, at its sole and absolute discretion, elects not to offer the use of the Site and/or Services. We make no representations or warranties, express or implied, concerning the legality of the Site and/or Services and/or of any person's use of the Site and/or Services, and shall not be responsible for any illegal use of the Site and/or Services by You.

E. Representations and Warranties

By using the Site and/or Services, You hereby represent, warrant, acknowledge and undertake towards Us that (a) You are of sound mind and You are capable of taking responsibility for Your own actions; (b) You are above the age of 18 or the age of legal consent in Your jurisdiction, if the latter is higher; (c) it is Your responsibility to read and understand the terms of the Site and Services and that You fully understand these rules; (d) You have verified and determined that Your use of the Site and Services does not violate any laws or regulations of any jurisdiction that applies to You; (e) all information and documentation You provide Us, including, but not limited to, relating to and/or concerning You, the Funds, the Merchant and/or the Transaction are true and accurate, and You shall not omit any information and documentation that has any impact on the Services; (f) You will use the Site and Services in good faith towards the Company; (g) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services, and You shall reimburse Us for any loss and/or damage We incur as a result of any such action, and in any event You will promptly pay any and all of Your debts to Us; (h) You shall indemnify Us and hold Us harmless, from and against any and all direct and indirect claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms by You, and any other liabilities arising out of Your use of the Site and/or Services; and (i) the means of payment You provided information about to the Company in connection with any purchase of Services are owned by You and in Your name (or the owner of the means of payment provided You with all required consent to use these means of payment for the purchase of Services, and You are acting within the confines of that consent), was not stolen or reported as lost and there are sufficient funds with such means of payment to pay for such Services.

You may use the Services solely for Your own benefit. You may not use the Services for the benefit of any other third party, regardless of whether You obtained the consent of such third party. You may not sell the Services to any other third party. You may not charge any consideration from any third party for the use of the Services.

We are not obligated in any form or manner to validate any of Your representations and warranties, including, but not limited to, in respect of any consent granted to You according to such representations and warranties.

F. Purchase of Services – General

When You place an order to purchase a Service, You make an offer to purchase such Service, subject to these Terms. The Company, at its sole and absolute discretion, shall determine whether to provide You some or all of the Services, or whether to reject Your order altogether, for any reason whatsoever or for no reason.

Your order is accepted and a contract between the Company and You is formed only after the Company confirms Your order. All details concerning the Services and/or their attributes are subject to change, even after placing the order.

All payments for the Services must be made in advance. The Company is under no obligation to provide You any Service prior to receiving the entire payment for such Service.

You will bear any and all fees, commissions, taxes, charges and levies associated with purchasing the Services ("Taxes"). Without derogating from any other provision of these Terms as to Your payment obligations, the Company shall not provide You with the purchased Service until all Taxes are paid in full by You.

We make no warranty or representation that any of the Services will cause the retrieval of some or all of the Funds. The provision of the Services does not provide any guarantee that You will be able to retrieve any or all of the Funds. The purchase of the Services does not ensure the successful retrieval of the Funds; hence, the Services are considered provided to You in full, even if You are not successful in retrieving the Funds.

The Company may offer You additional products and services on a case-by-case basis.

The Company does not provide any legal services, legal advice and/or collection services. The Company is not and shall not be a party to any proceedings initiated and/or aimed to retrieve the Funds.

G. Reports

You may order the Limited Report and/or the Extended Report.

The Company will strive to provide You with the Limited Report within three to five business days from receiving (a) the payment for such report, and (b) all information required by the Company in order to provide You with the Limited Report. The Company will strive to provide You with the Extended Report within 30 days from receiving (a) the payment for such report, and (b) all information required by the Company in order to provide You with the Extended Report.

For the avoidance of doubt, the Reports will not, on their own, cause the retrieval of the Funds, but are a tool that can be used in order to attempt to do so. In order to do so, You will be required to employ additional efforts, which include, but are not limited to, initiation of legal proceedings, enforcement, collection, recovery and/or filing complaints with applicable authorities.

The Company is not responsible for the use that You or anyone else makes of the Reports, including, but not limited to, any use that Your Counsel makes of the Reports. The Company does not provide any assurances as to the outcome of the use of the Reports and/or that the use of the Reports will ensure the retrieval of the Funds.

The Reports do not constitute legal advice, recommendation to take any action and/or a commitment as to any outcome, nor will they necessarily be accepted as evidence in any proceedings.

J. Refunds

If You are not satisfied with the Services, please contact the Company at info@data-forensics.de and provide all details concerning the Services and the reasons why You are not satisfied with them. After the Company receives such details, You will be contacted by the Company's support team. Any dissatisfaction with any of the Services must be notified by You to the Company within 10 days from the date You received the Services.

Notwithstanding the above, no refund will be provided in respect of the Auxiliary Services, regardless of whether You used the Auxiliary Services or not and/or whether You terminated the Auxiliary Services.

L. Reservations concerning Our Responsibility

We shall not be held responsible, in any form or manner, in connection with and/or as a result of, any act and/or use of any power and/or authority as provided to Us in these Terms, and/or in connection with any damage of any form or kind suffered by You as a result, and You shall not be entitled to any compensation, refund and/or reimbursement. You hereby waive any and all claims You may have in this respect.

We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Services, information and/or documentation and/or any direct or indirect loss which arises from these occurrences.

In no event shall We be liable for any direct, indirect, incidental, special or consequential damages or for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract or tort or any other legal theory, arising from the access to, or use of, the Site and/or the Services.

The Site and Services are provided "as is", and We make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to warranties and conditions of merchantability, satisfactory quality, suitability, reliability, timeliness, availability, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties' rights or of applicable laws and regulation in respect of the Site and/or Services.

O. Customer Support

You may contact the Company in connection with anything related to the Site and/or the Services at any time via the Company's customer support, which is available at info@data-forensics.de

The Company will not tolerate any abusive behavior exhibited by You towards the Company's representatives. In the event that the Company, at its sole and absolute discretion, deems that Your behavior has been abusive or derogatory towards any of the Company's representatives, the Company may, at its sole and absolute discretion, cease to provide You with any of the Services.

P. Miscellaneous

These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of England, excluding their conflict of laws rules and provisions. You irrevocably submit to the exclusive jurisdiction of the competent courts of London, England, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us.

The Company may transfer and/or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Site and/or the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights and/or obligations under these Terms.

We may provide You with notices with respect to or in connection with these Terms in an e-mail and/or via the Site, and such notice shall be deemed received by You within 24 hours from the time it is provided in the aforesaid manner.

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded.

These Terms have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms and the English language version, the meaning of the English language version shall prevail.

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CONTACT OUR EXPERTS

A-Z DATA FORENSICS LIMITED
Louki akrita 1, AKRITAS COURT, 3rd floor, flat/office 301' 3030- Limassol Cyprus.

Tel: (315) 803-6300 | Email: office@dataforensicsaz.com

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