Draft for review. Not yet reviewed by a lawyer. Bracketed items such as [CONTACT EMAIL] are still to be filled in.

Terms of use and sale

Last updated: [EFFECTIVE DATE]

1. Who we are

Data Recovery Pro is made by [COMPANY OR TRADING NAME] ("we", "us"), [POSTAL ADDRESS]. [COMPANY NUMBER, if a registered company.] You can contact us at [CONTACT EMAIL].

2. Who sells it to you: Paddle

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. When you pay, you buy from Paddle, and Paddle's buyer terms also apply to the payment. These terms cover your use of the software.

3. What is free and what you pay for

Downloading Data Recovery Pro, scanning a drive and previewing what it finds are free.
You can recover the first 10 files or 100 MB from a drive free.
A paid recovery costs £19, $19 or €19 (VAT or sales tax included where it applies), paid once. It covers every file Data Recovery Pro finds on one drive, plus free re-scans of that same drive for 7 days from purchase. It is not a subscription and needs no account.
The purchase is tied to the drive by its volume serial number. A different drive needs its own purchase.

4. Your licence

We give you a personal, non-exclusive, non-transferable licence to install and use Data Recovery Pro on Macs you own or control, for recovering files from drives you are entitled to recover. You must not resell the software, remove its notices, or try to get around the payment or receipt checks.

5. You must have the right to recover the drive

Only use Data Recovery Pro on drives that you own, or that the owner has given you permission to recover. A second-hand card or a drive belonging to someone else may contain their personal data; recovering it without permission may be unlawful. You are responsible for how you use recovered files.

6. What the software does, and its limits

It runs on macOS 13 or later. It reads the drive read-only and saves recovered files to your Mac or another drive, never to the drive being scanned.
It reads file tables on FAT16, FAT32 and exFAT drives, and runs a signature deep scan on any drive. Version 1 does not scan the Mac's internal drive.
Recovery depends on what has happened to the drive. Files that have been overwritten cannot be recovered, and we do not promise that any particular file will come back. That is why you can scan and preview before paying.
Each file is labelled intact, partly damaged or not checked before you pay. Data Recovery Pro does not repair damaged files.
It is not suitable for physically failing drives (clicking, not spinning, repeatedly disconnecting). Use a professional recovery lab for those.

7. Your right to cancel (UK and EU consumers)

If you are a consumer in the UK or EU you normally have 14 days to cancel a purchase of digital content. Because the paid recovery starts immediately, the checkout asks you to agree that supply begins straight away and to acknowledge that you then lose that right to cancel. If you do not agree, you cannot complete the purchase. Our money-back promise in section 8 applies on top of this.

8. Money back if the files do not open

If the files you recovered after paying do not open, ask for a refund within 30 days of purchase and you will get your money back through Paddle. Details are in our refund policy.

9. Your legal rights

Nothing in these terms affects your statutory rights. Under the Consumer Rights Act 2015, digital content must be as described, of satisfactory quality and fit for purpose. If it is not, you are entitled to a repair or replacement, or in some cases a full or partial refund.

10. Our liability

Data recovery always carries some risk: a drive that is already failing can fail further while it is read. We are not responsible for loss that was not foreseeable, for business losses, or for data that was already lost or overwritten before you used the software. If digital content we supply damages a device or other digital content you own because we did not use reasonable care and skill, we will either repair the damage or compensate you. We do not exclude liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, or for fraud.

11. Updates and changes

We may release updates that fix problems or change features. We may update these terms; the version on this page with its date applies to purchases made after that date.

12. Law

These terms are governed by the law of [England and Wales — CONFIRM]. If you are a consumer, you can bring a claim in the courts of the part of the UK where you live, and you keep any mandatory protections of the country where you live.

13. Contact

Questions about the software: [CONTACT EMAIL]. Questions about a payment, invoice or refund: Paddle, at paddle.net, or us and we will pass it on.