Refund Policy
Last updated on August 1st, 2024
Refund Policy
1. No Refunds
Because of the nature of XAppSet’s Products, all purchases and sales are FINAL. However, XAppSet reserves the right to address each refund request on a case-by-case basis and at its sole discretion. If you are seeking a refund due to a product malfunction, bug, or similar concern, please contact XAppSet as outlined at the end of this EULA or in the Terms of Service.
2. Preview of Files
As outlined in Section 3.2 of the Terms of Service, before you purchase XRecovery FTUD, XRecovery PRO, or XRecovery Enterprise, you should first follow the Preview Process. If your file(s) is not fully previewable, the file(s) may still be recoverable. However, XRecovery cannot guarantee recovery as the failure to preview may be due to internal file errors, fragmentation, data overwriting, encryption, file system peculiarities, or limitations of your operating system itself. In this case, XAppSet suggests that you contact XAppSet to learn about possible risks of failure to recover and information on how recovery chances can be increased. In the unlikely event that your file(s) was fully previewable yet you were still unable to recover it, please contact XAppSet for assistance, as outlined at the end of this EULA or in the Terms of Service.
3. Estimated Recovery Chances
If your copy of XAppSet’s Products is equipped with the functionality to predict and calculate the recovery chances for certain types of files, please follow the guidelines in the Product Documentation (User Guide), this EULA, and XAppSet’s website. The recovery chances estimation equips users with more tools to determine whether their data is recoverable and helps with sorting through all potentially recoverable data pieces faster. These estimations of recovery chances for specific files are in no way guaranteed and are just estimations. XAppSet’s Refund Policy still prevails, and according to Section 6.2 above, the only reliable method of verifying the recoverability of one’s data is ensuring the perfect preview of the data listed by XAppSet’s Products as recoverable.
4. European Union (EU) Residents
Because of the nature of XAppSet’s Products, if you are an EU resident, upon purchase of any XAppSet Product you will lose your right of withdrawal under the Consumer Rights Directive (“CRD”) 2011/83/EU of the European Parliament and of the Council of 25 October 2011. Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” (e.g., downloaded software) from the right of withdrawal. Upon purchasing an XAppSet Product, you expressly CONSENT to the performance of the purchase contract and ACKNOWLEDGE that you will lose the right of withdrawal. In such a case, effectively, XAppSet offers NO REFUNDS to EU residents pursuant to the CRD.
5. Legal Purpose
You agree to use the Product or any services provided hereunder only for purposes permitted by the EULA and applicable Terms of Service as well as any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. XAppSet IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE XAppSet PRODUCT AND ANY SERVICES PROVIDED THEREUNDER DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.
6. Term and Termination
The term of this EULA (“Term”) shall begin when you download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in perpetuity or for the term specified in the License granted hereunder. XAppSet may terminate this EULA by offering you a superseding EULA for the Product or any replacement or modified version of the Product and conditioning your continued use of the Product or such replacement, modified or upgraded version, or New Release on your acceptance of such superseding EULA. This EULA may also be terminated by XAppSet immediately and without notice if you fail to comply with any of your obligations or the conditions under this EULA. In the event you violate any provision contained in this EULA, a user has the option to flag/report to XAppSet such violation. XAppSet, in its sole discretion, may terminate your XAppSet User Account (as defined in the Terms of Service) or terminate your Services. XAppSet reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you should you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this EULA, you must immediately cease use of the Product and destroy all copies of the Product.
7. No Rights Upon Termination
Upon termination of this EULA, you will no longer be authorized to operate or use the Product in any way.
8. Material Terms and Conditions
Without limiting Section 6.5 hereof, you specifically agree that each of the terms and conditions of this Section 6 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for XAppSet to immediately terminate this EULA and the License granted under this EULA. The presence of this Section 6.7 shall not be relevant in determining the materiality of any other provision or breach of this EULA by either party hereto.
9. Statistics
You acknowledge and agree that XAppSet may (i) collect, analyze, and receive anonymous information about your computer, the Product you used or searched for, websites you visited, or pages viewed to facilitate your use of the Product and related Service, and (ii) import certain information from your Internet browser (e.g., Internet Explorer or Chrome) such as bookmarks, cookies, plug-ins, web beacons, and settings to help XAppSet improve its offerings to you. XAppSet will handle and use this data as provided in the Privacy Policy.