Terms and conditions of our services

1. Definitions and scope

1.1 The term “Datastrophe” designates the French organization operating the services presented under the Datastrophe brand.

1.2 The term “customer” means any natural person, company, business or other entity who transmits a request, entrusts media or requests a diagnosis, data recovery or referral to a specialist.

1.3 The term “partner” designates any laboratory, technician, transporter or specialized service provider likely to be involved in the processing, transport or handling of a file.

1.4 The term “media” refers to any medium or equipment capable of containing data, in particular a hard drive, SSD, USB key, memory card, phone, tablet, computer, server, NAS, RAID system, optical media or any other storage device.

1.5 The term “recovery” refers to the extraction of actually readable data from the examined media. It does not designate either the quantity of data initially present, nor the repair of the media, nor the systematic reconstruction of damaged files.

1.6 The term “list of recoverable files” refers to the statement established after analysis indicating the files identified, their estimated state and, when technically possible, their level of integrity.

1.7 These conditions apply to any request received by Datastrophe. The provisions relating to a direct service only apply when Datastrophe confirms that it contractually provides this service. When an independent partner takes over the request directly, its own conditions govern the service it offers to the client.

2. Organization of support

2.1 Datastrophe reviews the information communicated to identify the nature of the media, the suspected outage, the level of urgency and the expertise likely to be required.

2.2 Datastrophe remains free to accept direct processing, to entrust a technical operation to a laboratory acting on its behalf or to transmit the request to an independent partner.

2.3 When a laboratory intervenes on behalf of Datastrophe and Datastrophe remains the contractual contact, these conditions continue to apply to the file.

2.4 When a partner takes over the relationship in its own name, it itself defines its prices, deadlines, payment terms, return conditions, guarantees and processing rules. The recovery contract is then concluded exclusively between the customer and this partner.

2.5 Datastrophe is not required to accept a file, propose a specific partner or maintain guidance when the available information, location, technical capacity, risks or regulatory constraints do not allow satisfactory support.

2.6 The deadlines announced before the analysis are indicative. Depending on the breakdown, availability of parts, technical transfers and necessary tests, a file may require several weeks or several months.

2.7 Urgent care or support outside usual hours only exists when it is expressly confirmed. It may be reserved for professionals and be subject to a special rate.

3. Transmission to an independent partner

3.1 When the request is directed to an independent partner, Datastrophe can send them the client's contact details as well as the technical information necessary to understand the file.

3.2 Customer information and application limit. The customer is informed by email of the transmission of his request to an independent partner, whose identity is communicated to him. When this partner offers and carries out the service in its own name, clauses 5 to 18 of these conditions do not apply to this service. Clauses 1 to 4 and 19 remain applicable to the relationship with Datastrophe, in particular to the receipt and transmission of the request. This transmission does not terminate the commitments already made by Datastrophe for a separate service nor its obligations concerning the information it has processed.

3.3 The partner contacts the customer in its own name. It must provide its identity, quotation, contractual terms and the arrangements applicable in the country concerned.

3.4 Datastrophe does not collect the price of a service concluded directly between the client and the partner and does not intervene in the acceptance, execution or resolution of this contract.

3.5 Unless there is a breach directly attributable to Datastrophe in the initial transmission, Datastrophe is not responsible for the actions, decisions, prices, deadlines, results, transport or processing carried out under the responsibility of the independent partner.

3.6 The customer remains free not to proceed with the proposed partner. Not proceeding creates no obligation to pay Datastrophe for data recovery.

4. Privacy, security and GDPR

4.1 Datastrophe undertakes to comply with the General Data Protection Regulation (GDPR — EU Regulation 2016/679) for processing that falls within its scope, as well as applicable local rules. These commitments also concern the collection and transmission of requests to independent partners.

4.2 Security of environments and partners

4.3 The systems used in Datastrophe recovery rooms are isolated from the Internet. Storage and working backups are secure and accessible only to authorized people. Return is carried out by controlled transfer to a delivery device separate from the recovery systems.

4.4 Datastrophe selects trusted partners based on their expertise and their commitments to confidentiality and security. It requires high professional standards: recovery systems isolated from the Internet, secure storage and backups, access reserved for authorized people, and compliance with the GDPR when it applies as well as local rules.

4.5 The processing carried out on behalf of Datastrophe is contractually regulated, in particular in accordance with article 28 of the GDPR when it applies. An independent partner must communicate to the client its own commitments to protect, return and delete data. The deadlines in clauses 15 and 16 are not automatically applicable to it.

4.6 Human access to file contents and previews

4.7 The content of the files is not consulted by any person, unless there is an explicit and documented request from the client for specific files, in particular to obtain an overview, or a binding legal obligation. Technicians can access the file lists and technical information necessary for the case, without opening personal contents. Automated integrity scans and repairs do not constitute a human access to file contents.

4.8 At the explicit request of the customer, a preview of the designated files can be sent to him by email to his verified address. Depending on the sensitivity of the data, the email contains a secure link or an encrypted attachment, with transmission of the secret through a separate channel. This permission does not extend to other files.

4.9 Use and end of storage

4.10 The entrusted files are used only for the case and delivery; they are neither sold, nor distributed for advertising purposes, nor reused to train artificial intelligence models. For direct processing, their retention and deletion follow clauses 15 and 16, subject to legal obligations. The privacy policy specifies information relating to the rights of individuals and their exercise.

4.11 Confidentiality and processing instructions

4.12 Datastrophe undertakes not to disclose the information, files or data entrusted outside of the people and partners whose intervention is necessary for the analysis, transport, recovery or restitution.

4.13 The transmission of a request to a partner is limited to the information reasonably necessary for its processing. The partner then processes the information under its own responsibility or according to the instructions applicable to the file.

4.14 The media and data may be processed in the receiving country or transferred to a laboratory located in another country, including outside the European Union, when the expertise sought justifies it and the guarantees required by applicable law are implemented.

4.15 Technical access to data is limited to operations necessary for the file and respects the human access to file contents restrictions set out above, including during file repair.

4.16 By entrusting media, the client authorizes the technical operations essential to diagnosis and recovery. This authorization does not constitute authorization for human access to file contents of the contents of the files.

4.17 The customer guarantees that he has the rights, authorizations or powers necessary to entrust the media and allow the processing of the data it contains, including when these concern third parties.

4.18 Communications relating to the case may be kept and, when authorized and announced, recorded in order to ensure the traceability of instructions and decisions.

5. Diagnosis and possibility of recovery

5.1 No recovery capability, amount of data, or file integrity can be guaranteed prior to technical analysis of the media.

5.2 Datastrophe implements reasonably suitable knowledge, equipment and methods in order to assess the failure and the data likely to be recovered.

5.3 Diagnosis may require opening, disassembly, modification, unsoldering, temporary replacement of components or any other intervention likely to permanently change the condition of the media.

5.4 The customer acknowledges that the media is entrusted due to a malfunction, damage or pre-existing loss of access and that any attempt may worsen its condition, make further intervention impossible, erase residual information or void a manufacturer's warranty.

5.5 Datastrophe does not provide a hardware repair service intended to restore the media to operation. Interventions on the media have the sole objective of data recovery.

5.6 Diagnostic reports can be communicated electronically, telephone, secure interface or any other channel used for file tracking.

6. Media declared without monetary value, destructive interventions and fate of material

6.1 Before any sending, the customer accepts separately, by means of a dedicated box in its interface, that the source media entrusted for recovery is declared without monetary value for the purposes of the intervention, with a declared material value of 0 euros. This declaration concerns the material expressly identified in the case record: hard drives, SSDs, USB keys, memory cards, tablets, iPads, telephones or other equipment containing the data to be recovered. The customer declares the malfunction, damage, blockage or loss of access justifying his request. The value of the data is not covered by this declaration.

6.2 The specific acceptance concerns the following declaration: “I entrust the source material identified in my case record only to attempt to recover the data. I declare it to have no monetary value for this intervention, i.e. 0 euros, and I accept the alterations or irreversible interventions necessary for recovery, including if it fails. I understand that restoring operation and preserving the value of the equipment are not the purpose of the service. This declaration does not concern my new or functional delivery medium, nor the rights which I cannot legally waive. » The version of the accepted text, the date of acceptance and the identification of the material concerned are kept in the case record.

6.3 For a NAS, server or multi-disk equipment, only disks identified according to the Datastrophe instructions must be sent, unless expressly requested otherwise. An unrequested chassis, case, power supply or accessory is not included in recovery operations. Its operation and value are neither appraised nor certified upon receipt; Receipt of the package does not constitute recognition of good initial condition or agreement to repair. The absence of a joint condition assessment does not, however, constitute automatic proof of a lack of value. If complete equipment is necessary for the intervention, its identification and specific acceptance are specified before sending. The fate of elements sent without request falls under clauses 14 to 16, without automatic assimilation to material of zero value.

6.4 This declaration formalizes acceptance of the risks inherent in authorized operations and the absence of a restoration service. It constitutes neither an assessment of the residual market value nor an exclusion of liability for loss, premature destruction or failure attributable to Datastrophe. Rights to compensation which the customer cannot legally waive remain applicable. New or working media provided to receive the data remains the property of the customer and is expressly excluded from the zero-value declaration and permissions for destructive intervention on the source media.

6.5 Some procedures are inherently destructive or irreversible. They may in particular concern memory cards, USB keys, monolithic media, flash components, memory chips, heavily contaminated media or equipment requiring direct extraction of the components.

6.6 When such a procedure is necessary, the media may no longer be able to be reassembled, used or returned, whether recovery is successful, partial or impossible.

6.7 Physical destruction, alteration or the impossibility of returning the media then constitutes a normal consequence of the technical method used and does not give rise to any compensation for the material value of the media, within the limits permitted by applicable law.

6.8 Irreversible operations strictly necessary for diagnosis or recovery fall under the above technical authorization. A destruction of the end of the file motivated by the end of conservation, and not by a technical necessity of the intervention, falls exclusively under clauses 15 and 16; closing alone does not make it possible to anticipate their deadlines.

6.9 If the customer cannot accept this declaration of value or must preserve the material for a particular reason, in particular historical, evidentiary or emotional, he must indicate this before sending. Support then requires a separate written agreement; Datastrophe may refuse the file.

6.10 Unless previously agreed in writing, removed parts, replaced components, donor parts and consumables used during diagnosis or recovery are not returned.

7. Quotation, spare parts and payment

7.1 Any quote established for direct processing is valid for seven days, unless a different duration is indicated in the case record.

7.2 The quote distinguishes the price of recovery, applicable taxes and any costs of return, transport, return management, return media or additional services. For a consumer, the amounts invoiced by Datastrophe are presented inclusive of all taxes where applicable. Expenses not included and, when their amount cannot reasonably be calculated in advance, their method of calculation are indicated before the customer's agreement. No supplement invoiced by Datastrophe is incurred without express acceptance of its amount or its sufficiently determined method of calculation.

7.3 Rejecting the file list or failure of the standard recovery attempt does not incur recovery fees. If the customer stops a separately ordered additional service, only work performed, orders committed and materials purchased for that service may be charged under the previously accepted terms, up to the agreed amount. This does not allow retrospective charges for the diagnosis or standard attempt.

7.4 Common parts or parts whose cost remains compatible with the planned technical budget can be covered at no extra charge, without this support constituting a general obligation.

7.5 If a rare, expensive or specific part is required, Datastrophe may declare the attempt impossible under standard conditions. When an additional chance exists, a separate proposal can be submitted to the client.

7.6 The customer remains free to refuse this proposal. Its refusal results in the termination of the attempt without recovery costs, subject to return costs or other separately accepted amounts.

7.7 If the customer accepts the purchase of a specific part, its cost is due regardless of the result of the attempt and is not refundable, the part being acquired for the particular needs of the case without guarantee of recovery.

7.8 Payment for recovery is due before the data is returned or made available, unless otherwise agreed.

7.9 For professional customers, any delay may result in penalties and debt-collection costs indicated on the quote or invoice, within the limits provided by applicable law.

8. Scope of the quote and additional services

8.1 The recovery quote only concerns data recovery operations expressly described, their extraction and restitution according to the agreed terms. Additional services are only included when expressly mentioned.

8.2 Depending on the needs of the case, separate services may be offered, including repair or reconstruction of damaged files, format conversion, special organization of data, additional duplications or extended retention. This list is not exhaustive and does not constitute a commitment to the availability of these services.

8.3 Each additional service is the subject of a proposal specifying its nature, scope, price, limits, agreed results and invoicing conditions in the event of partial results or failure. It may appear in a separate quote or on a separate line from the main quote. No supplement is incurred without the prior agreement of the customer.

8.4 The customer remains free to refuse an additional service. This refusal does not entail any costs for this service and does not modify the commitments already accepted for recovery. When an addition is necessary to make certain files usable, this limit is brought to its attention before its decision; the files concerned are not presented as intact simply because of their extraction.

9. Repair and rebuild damaged files

9.1 The recovery quote only concerns the extraction and restitution of recoverable data. It does not include the repair of corrupted files, unless expressly stated.

9.2 A file may be extracted from the media and still remain damaged, incomplete, or unreadable. This may include an altered photograph, a truncated video or a file whose internal structure is corrupted. Some of these alterations may be subject to repair using specialized reconstruction or correction algorithms and technologies.

9.3 This repair constitutes one of the additional services provided for in clause 8, distinct from recovery. Its scope, price, limits and invoicing conditions in the event of partial results or failure are specified in a separate proposal or a separate line in the quote. No supplements or paid repairs are incurred without the prior agreement of the customer.

9.4 The customer remains free to refuse. This refusal does not transform a damaged file into a guaranteed file with integrity and does not modify the commitments already accepted for other files. No repair results are guaranteed before the corresponding checks. The human access to file contents restrictions in clause 4 continue to apply.

10. “No recovery, no fee” principle

10.1 When no usable data can be offered after the standard attempt, no recovery fee is charged.

10.2 This principle does not cover the separate costs previously accepted in accordance with clause 7: return of the source media, return of a new or functional medium provided by the customer, management and preparation of the return, particular transport, delivery media, specific part or additional service accompanied by its own conditions of result. Taxes and customs duties that may be due are distinguished from recovery fees. No return processing fees are due solely because of the failure: it pays for the management of the requested return, according to clause 14.

10.3 A partial recovery may result in a quote when files have actually been identified as recoverable. The customer then receives the available information before deciding to proceed.

10.4 No payment of recovery fees is required when the customer rejects the proposed listing, subject to the independent fees mentioned above.

11. List of files, integrity and restitution guarantee

11.1 When recovery allows data to be identified, a list of recoverable files or an equivalent statement is communicated to the customer before final payment.

11.2 The mention “integrity” means that the automated technical controls carried out have not detected any alteration, according to the signatures, structures, metadata and verifications available. It does not mean that the content has been fully opened and reviewed by any person. The tools have limitations: a positive result may not detect internal corruption, damaged video footage, or another anomaly that is only revealed when the file is opened or used. This limit is brought to the customer's attention with the list, before acceptance and payment.

11.3 Some files may be recovered with a changed name, different tree structure, incomplete metadata or partial integrity. These limitations are noted when they can be reasonably identified.

11.4 After acceptance of the list and collection of the requested amount, Datastrophe guarantees the return of files expressly identified as recoverable, in the technical condition described by this list and its reservations. The integrity qualification corresponds to the controls defined above; it does not constitute a guarantee of detection of any corruption or compatibility with all software. Technical reserves do not allow the delivery of missing or degraded files compared to the result actually obtained and agreed.

11.5 Acceptance of the list sets the scope of the ordered result. After proper restitution of this scope, no reimbursement is due for the sole reason that the customer no longer has use of the files, that their content does not correspond to his expectations or that third-party software does not allow them to be used, subject to rights which cannot be excluded.

11.6 This guarantee does not extend to files missing from the accepted scope nor, for files reported as partial or altered, to the restitution of portions reported as missing or damaged. If an undetected anomaly appears after restitution, the customer can report it by identifying the files concerned. Datastrophe examines the report within the limits of the available elements and distinguishes, when this can be established, an undetected pre-existing corruption from a failure to return. Additional relief may be offered for pre-existing corruption in accordance with clauses 8 and 9; no supplement can be imposed to remedy a breach by Datastrophe of its own commitments. Initial automated filing alone is not sufficient to reject a claim.

11.7 Data recovery does not include repairing, rebuilding or rewriting corrupted files. When such an operation can improve the result, it constitutes an additional service, the price and scope of which are communicated separately before its completion.

12. Delivery of recovered data

12.1 The data can be returned by secure download, on media provided by Datastrophe or on compatible media provided in advance by the customer.

12.2 The service may include a secure download within the volume limit provided by the offer or quote accepted for the file. Beyond this limit, physical restitution may be necessary. If no compatible media of sufficient capacity has been provided, the customer can send suitable media or accept the purchase of media offered by Datastrophe. The price of this support and the preparation and transport costs not included in the recovery estimate are invoiced additionally after express agreement, in accordance with clauses 7 and 8. The estimate specifies this eventuality even if the exact volume is only known after recovery.

12.3 Media supplied with insufficient capacity, incompatible or defective may require replacement or another method of return. Datastrophe informs the customer and collects their choice before any additional expenditure. Refusal to purchase support from Datastrophe does not constitute a refusal of data when the customer offers a solution compatible with the agreed terms. If no agreed means can be implemented, the parties seek a solution; no new expenditure is incurred without agreement.

12.4 New sealed return media. For the qualification of the media upon receipt in the case record, the mention “new sealed” is reserved for media received in its original packaging from the manufacturer, closed with its original seals intact, and declared by the customer as never used and containing no personal data. These conditions are cumulative; reconditioning or re-packaging by the customer is not enough. The condition of the packaging and any apparent reservations are recorded upon receipt, without opening the files to verify this declaration. Subsequent opening by Datastrophe for the purposes of restitution does not call into question the state noted upon receipt.

12.5 A media already opened, used, received without its original sealed packaging or containing personal data is not recorded as “new sealed”. It is identified separately according to its declared condition and the findings available, without certification of its operation or its value by receipt alone. This distinction does not automatically give it a zero value: it remains a delivery medium belonging to the client, distinct from the source media. The qualification “new under seal” does not in itself establish an amount of compensation or a guarantee of new replacement; the available supporting documents and the applicable rules remain taken into account.

12.6 The delivery media provided by the customer must be identified separately from the source media and not contain any data to be preserved. The customer reports any personal data or other data already present before sending and keeps an independent copy. If it contains data or requires formatting, Datastrophe requests specific instructions before any operation likely to erase it; sending alone does not constitute authorization for erasure. In the absence of agreement, other support may be requested according to the terms above. The declaration of zero value of the source media does not apply to this media, whether new under seal, previously opened or used.

12.7 The provision usually occurs within ten working days following receipt, subject to the quantity of data, final control, transport, constraints of the technical partner and events beyond the reasonable control of Datastrophe.

12.8 Any physical media provided for restitution must be checked upon receipt. An apparent anomaly must be reported within seven calendar days to allow rapid verification, without prejudice to any rights that cannot be excluded under applicable law.

12.9 The customer must download, copy and verify the data as soon as it becomes available. Datastrophe is not intended to ensure their permanent archiving.

13. Transport and media transfers

13.1 Datastrophe or the laboratory in charge of the file can choose any public or private carrier adapted to the destination, the type of media, the declared value and the services available locally.

13.2 Media received can be transferred to another establishment or laboratory with more suitable equipment, in the same country or in another country.

13.3 Transport times are indicative. Datastrophe is not responsible for delays, customs checks, blockages, routing errors or losses directly attributable to the carrier, except liability which cannot be excluded by applicable law.

13.4 When transport is organized directly by an independent partner, the terms and responsibilities provided for by this partner apply.

13.5 Taxes, customs duties, import fees, presentation fees and similar charges are the responsibility of the customer when not expressly included in the quote.

13.6 Proof of shipment may take the form of a tracking number, a receipt, a certificate from the carrier or any equivalent proof available in the country of shipment.

14. Return of original media, delivery media and additional elements

14.1 The return of media is never automatic or free, unless otherwise expressly indicated in the case record.

14.2 In the event of impossible recovery or refusal of the list of recoverable files, the customer has fourteen calendar days from notification of the result to request the return of the media from the secure interface provided for this purpose.

14.3 Any other return request must be sent by email to the channel communicated in the case record.

14.4 The requested return is arranged after acceptance and payment of the applicable charges, unless already included in the quotation. These distinguish return administration and preparation charges from carriage charges. Their amount or calculation method is communicated under clause 7 and depends on destination, weight, volume, tracking, customs formalities and equipment. Where a return remedies a breach by Datastrophe, charges legally payable by Datastrophe are not passed on to the customer.

14.5 When the customer refuses the list of files and requests the return of the source media, the accepted return costs remain due, without recovery fees. The same applies when no recovery is possible and the customer requests the return of the new or functional media that he had provided to receive the data: the accepted return and transport processing fees are due, but no recovery price nor any purchase of this media already held is invoiced.

14.6 An unused return media, NAS chassis, enclosure or accessory sent without request is separately identified in the case record. Its return can be requested by email, including at the same time as that of the source media. The price takes into account possible grouped shipping; the same management operation is not billed twice. Exceeding the deadline for requesting return of the source media does not, in itself, constitute authorization to destroy these elements.

14.7 If the customer wishes to abandon a new or functional medium or an additional element, an express instruction identifying this element and authorizing its destruction or recycling is collected. Otherwise, silence does not constitute such authorization; the retention or treatment of unclaimed property is subject to a specific agreement or legally applicable procedure. No storage fees not previously accepted are applied.

14.8 Heavy, bulky or special equipment, including servers, NAS, computers and multi-disk systems, may be subject to a specific rate or must be removed by a carrier chosen and paid for by the customer.

14.9 Unless otherwise expressly agreed, the return is organized within twenty-one working days after validation and payment, particularly when the media must first return from a technical laboratory or be included in a grouped shipment.

14.10 After successful recovery, the original media is deemed out of service and is not returned automatically. Unless the request is accepted before the expiration of the retention period, it may be securely destroyed.

14.11 No return can be required when a destructive procedure has rendered the media, its components or its residue unusable or non-returnable.

15. File without response from the client

15.1 The continuation of a file may require a response from the customer, in particular to a request for additional information, a list of recoverable files, a final quote, a part proposal, a payment request or a choice relating to the return of the media.

15.2 Communications and reminders of the file are sent by email to the address verified and communicated by the client. The user must maintain accuracy and access, report any changes and review messages, including spam. Datastrophe keeps track of messages sent and any known delivery errors. An address error or box unavailability exclusively attributable to the customer does not in itself constitute a breach by Datastrophe; However, sending an email does not constitute irrefutable proof of its receipt.

15.3 When the last written contact requiring action from the customer remains unanswered for twenty-eight calendar days, Datastrophe may close the file. The message indicates the expected action, the starting point and expiration date of the deadline, the elements concerned and the possible consequences: closure, deletion of copies and destruction of the source media. A series of reminders recall these circumstances, including a final warning before any destruction. A simple reminder of the same deadline does not postpone it; a new, separate request requiring a response has a new explicit deadline.

15.4 The fourteen-day period provided for in clause 14 to request return after failure or refusal of the list does not authorize, upon its expiration alone, the destruction of the source media. This can only take place after the twenty-eight day deadline and the above warnings, in the absence of a request or dispute in progress. If a distribution failure is known, Datastrophe seeks to have the address corrected by available means and suspends destruction based on this warning until regularization or implementation of a legally applicable procedure.

15.5 After closure for inactivity under these conditions, Datastrophe may delete the working copies and securely destroy the source media and the components concerned by the initial authorization, subject to the applicable mandatory rules. A new or functional delivery medium and ancillary elements are excluded from this authorization and follow clause 14. The date, the elements concerned and the destruction operation are recorded in the case record.

15.6 Closing does not erase amounts already owed for a specific item, transportation, delivery media, authorized work, or other previously agreed expense.

16. Conservation and destruction after restitution

16.1 After the physical shipment or secure provision of the data, Datastrophe retains for fourteen calendar days the recovered data, working copies and source media still in its possession necessary for the treatment of a possible delivery anomaly. This conservation does not make it possible to reconstitute an element already consumed or destroyed by an authorized technical operation. The departure date and the planned deletion date are indicated in the return message.

16.2 During this period, the customer must verify receipt, access and copying of files. A new provision may be made when technically possible.

16.3 At the expiration of the fourteen days announced, Datastrophe may permanently delete the data and destroy the source media or components concerned by the initial authorization, without further request for agreement. A return requested within the deadline, a reported return anomaly or a dispute in progress suspends the destruction of the elements necessary for its processing, until resolution or determination of the applicable fate. Legal retention obligations remain reserved. New or functional delivery media and ancillary elements follow clause 14 and are not destroyed solely on the basis of this deadline.

16.4 Longer storage is only possible after agreement with Datastrophe. It may be subject to storage, management, duplication and security costs.

16.5 Datastrophe assumes no archiving or backup obligation beyond the expressly agreed period.

17. Liability and technical limits

17.1 Data recovery constitutes an obligation of means until the list of recoverable files is established. No results can be promised before analysis.

17.2 After payment, the restitution commitment concerns the files expressly identified as recoverable in the accepted list, in the agreed technical state and with the limits of the automated controls set out in clause 11. The methods for processing an anomaly provided for by this clause remain applicable.

17.3 No other guarantee, expressed or implied, is given regarding the recovery of files missing from the list, their particular usefulness, their value, their compatibility or the possibility of putting the original media back into operation.

17.4 Datastrophe is not responsible for the economic, emotional, probative or operational value of the data, nor for losses of turnover, profits, operations, opportunities, reputation or other indirect damage linked to the initial failure or the limits of recovery.

17.5 The customer remains responsible for safeguarding the data returned from the moment they are first made available and must keep several copies on separate media.

17.6 To the extent permitted by applicable law, Datastrophe's financial liability for direct processing is limited to the amount actually paid for the service concerned, excluding taxes, transport, customs duties, parts and fees paid to third parties.

17.7 No limitation applies when it is prohibited by a mandatory rule or when it concerns a fault which cannot legally be the subject of an exclusion.

17.8 Datastrophe is not responsible for the service concluded directly with an independent partner, subject to its own obligations relating to initial collection and transmission.

18. Legality of media and data

18.1 The customer declares to be the owner of the media or duly authorized to request analysis and recovery.

18.2 The customer guarantees that the delivery of the media, technical access and restitution of data do not infringe the rights of a third party and do not contravene applicable law.

18.3 Datastrophe may suspend or refuse a file when a reasonable doubt exists about the origin of the media, the authorization of the requester, the legality of the data or the risks associated with their processing.

18.4 Datastrophe may retain the necessary materials and respond to any legally binding request from a competent authority.

19. Version of the conditions

19.1 Each version of these Terms is identified by a date and version number.

19.2 A new version applies to requests received on or after its effective date. Elements already expressly accepted in a file remain applicable to this file, unless otherwise agreed or mandatory requirement.

19.3 If a provision cannot be applied in a particular country or situation, the other provisions continue to have effect to the extent permitted.