Terms & Conditions
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 (You can review the Privacy Policy here.
B. Definitions
4. 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.
- “Merchant” the business with which You engaged and to which You transferred the Funds, directly or indirectly.
- “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
5. 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.
6. 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.
7. 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
8. 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.
9. 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
10. 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.
11. 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.
12. 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
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The Company may offer You additional products and services on a case-by-case basis.
19. 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
20. You may order the Limited Report and/or the Extended Report.
21. 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.
22. 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.
23. 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.
24. 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.
H. Filing a Complaint
25. Following the receipt of the Extended Report, You may ask Us to file Complaint(s) on Your behalf with applicable exchanges, law enforcement authorities (including, where applicable, the FBI) and/or any other third party, as well as liaise with the applicable exchanges, law enforcement authorities and/or any other third party in connection with such Complaint(s). Such a request is subject to Our consent to file such Complaint(s) on Your behalf and liaise with such exchanges, law enforcement authorities and/or third parties. Upon making such request by You, You shall be considered as providing Us with a POA authorizing Us to file Complaint(s) on Your behalf, liaise with the applicable exchanges, law enforcement authorities and/or any other third party as well as (a) sign, execute and deliver all documents and/or information required in connection with the Complaint(s), (b) take all actions of any nature that may be required, necessary appropriate, desirable and/or expedient in connection with the Complaint(s), and (c) complete any blanks in each document and incorporate amendments, provisions and alterations in each document as may be required, necessary, appropriate, desirable and/or expedient in connection with the Complaint(s). Please be advised that failure to provide the Company with all information and documentation related to the Complaint(s) may cause the dismissal of such Complaint(s). For the avoidance of doubt, liaising with applicable exchanges, law enforcement authorities and/or any other third party is subject to the sole and absolute discretion of the Company and it may end such liaison if We believe that it is futile and/or will not advance the chances of retrieval of the Funds.
26.Please be advised that as part of filing Complaint(s) and/or liaising with applicable exchanges, law enforcement authorities and/or any other third party, We may disclose information about You, the Funds, the Merchant and/or the Transactions, including, but not limited to, personal data about You, and You hereby provide Your consent to such disclosure. We do not control the any use and/or processing of such information and/or personal data, nor whether such information and/or personal data will be transferred to any other third party/ies, nor whether such information and/or personal data will be used for any other purpose. Without derogating from the provisions of Sections 36 – 42 of these Terms, We shall not be held liable in any form or manner for any use, processing, transfer and/or any other action taken in connection with such information and/or personal data, nor for any damages caused to You as a result.
27. While filing Complaint(s) is one of the means that may increase the likelihood of retrieval of the Funds, there is no assurance that filing Complaint(s) will ensure the retrieval of the Funds. Furthermore, filing Complaint(s) may cause the applicable exchange, law enforcement authority and/or any other third party to freeze, seize, appropriate and/or confiscate the Funds. Without derogating from the provisions of Sections 36 – 42 of these Terms, We shall not be held liable in any form or manner for any action taken by any exchange, law enforcement authority and/or other third party as a result of filing Complaint(s) and/or liaising with any exchange, law enforcement authority and/or other third party in connection with such Complaint(s), nor for any damages caused to You as a result.
28. For the avoidance of doubt, We are not associated with exchanges and/or enforcement authorities.
I. Auxiliary Services
29. As part of the Auxiliary Services, if purchased by You (subject to Our consent) and at Your request, the Company may provide You with contact information of a legal counsel if You wish to use the services of one in order to retrieve the Funds. Such contact information is by no means to be construed as any recommendation to use the services of such legal counsel, nor any requirement from You to use the services of such legal counsel. The decision whether and to what extent to use the services of such legal counsel is solely Yours and We are not part of any such decision. If You choose to use the services of any Counsel, You will hire the services of such Counsel and We are not a party to the relationship between You and the Counsel.
30. The Auxiliary Services are not legal services and their purchase does not replace the need for the use of legal services, to the extent needed. Furthermore, the payment for the Auxiliary Services is in addition to the payment for any legal services You purchase from any Counsel.
31. While using Auxiliary Services is one of the means that may increase the likelihood of retrieval of the Funds, there is no assurance that using Auxiliary Services will ensure the retrieval of the Funds.
J. Refunds
32. 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.
33. Notwithstanding Section 32, 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.
K. Powers and Authorities of the Company
34. The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site’s activity and the Services. However, in any event of a technical failure (or any other error) in the Site and/or Services for any reason whatsoever, the Company will be entitled to cancel the applicable Services and/or order placed by You. In such an event, Our responsibility and liability will be limited only to the payment made by You in connection with any cancelled Services and/or order.
35. The Company shall be entitled, at its sole and absolute discretion, to amend, modify, cancel, terminate, suspend and/or discontinue any of the Services and/or the Site, as well as introduce new Services. We shall not be liable for any loss suffered by You resulting from any action taken by the Company in accordance with this Section and You shall have no claims against Us in this regard.
L. Reservations concerning Our Responsibility
36. 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.
37. 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. We are not responsible for any problems or technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers, systems, servers or providers, computer equipment, software or email on account of technical problems or traffic congestion on the internet or at any website, mobile site or mobile application. We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Site or which will result in damage to Your hardware and/or software and/or data.
38. 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.
39. We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Site.
40. We shall have no liability with respect to any damage or loss that was caused due to any actions of any third party.
41. We will not be responsible for any damage or loss You shall incur as a result of Your use of or reliance on any website, mobile site and/or mobile application to which links appear on the Site, and/or any content appearing in such website, mobile site and/or mobile application. We will not be responsible for any third-party content appearing in the Site.
42. 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, or that the Site and/or Services will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the Site and/or Services.
M. Indemnification
43. You will compensate, indemnify and hold Us harmless against all liabilities, obligations, losses, damages, injuries, penalties, claims, suits, costs, actions, expenses and disbursements (including legal fees), whether actual or contingent, which We may suffer or incur as a result of any breach by You, directly or indirectly, of any provision of these Terms, including, but not limited to, any obligations and/or warranties under these Terms.
N. Intellectual Property
44. All the rights, including the intellectual property (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how and any other intellectual property), concerning the Site, and all of its content (including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software), and/or Services (collectively the “Rights“), are and shall remain the sole and exclusive property of the Company. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to these Terms, and You shall not, by using the Site, the Services and/or otherwise, acquire any rights in and/or to any of the Rights.
45. Without derogating from the above, You are strictly prohibited from (i) copying. redistributing, publishing, modifying and/or translating the Services, (ii) creating derivate works of the Services, and/or (iii) making any commercial use of the Services.
O. Customer Support
46. 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
47. 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
48. 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.
49. 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.
50. Nothing in these Terms shall: (i) create any agency, arrangement, trust or fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, and/or (iii) grant You any security interest in any asset of the Company.
51. 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.
52. No failure or delay on Our part in exercising any right, power, authority or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power. authority or remedy.
53. 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; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
54. 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.
Version 1.2 – June 23, 2025