JET DATA RECOVERY — TERMS OF SERVICE
Version 3.0 — Effective August 5, 2026 Supersedes Version 2 (March 2023)
Thank you for reading this post, don't forget to subscribe!1. Agreement and Acceptance
These Terms of Service (the “Agreement”) represent the complete and exclusive understanding between Jet Data Recovery (“Jet Data,” “we,” “us,” or “our”) and the person or entity purchasing services (“Customer” or “you”).
By delivering, shipping, or otherwise providing any device, drive, or storage media to Jet Data, by authorizing work through any written, electronic, or verbal approval, or by using our website, you acknowledge that you have read, understood, and accepted this Agreement.
If you are entering this Agreement on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity.
2. Definitions
- “Media” means any hard drive, solid-state drive, flash device, memory card, phone, tablet, computer, RAID array, tape, server, NAS, or other data-bearing device or component you provide to us.
- “Customer Data” means all data, files, software, documents, records, images, credentials, communications, and other information stored on, recovered from, or derived from the Media.
- “Evaluation” means our diagnostic assessment of the Media to determine failure type, recovery feasibility, and price.
- “Recovery” means our attempt to retrieve Customer Data from failed, damaged, corrupted, deleted, or inaccessible Media.
- “Deliverable” means the destination drive, cloud transfer, or other medium on which recovered data is returned to you.
3. Scope of Services
(a) Work Performed In Our Shop. Jet Data performs software-based (logical) data recovery only at our San Antonio facility. This includes evaluation and diagnosis, imaging and cloning of readable media, file system and partition repair, recovery of deleted or formatted data, RAID and virtual machine logical rebuilds, and delivery of recovered data.
(b) Work We Do Not Perform In-House. Jet Data does not operate a cleanroom and does not perform physical, mechanical, or component-level recovery in our facility. We do not open drive platters, perform head or motor swaps, carry out microsoldering or chip-off recovery, or repair physically damaged media.
(c) Referral to Partner Labs. Where your Media requires physical or cleanroom work, or any service beyond our in-house software capability, Jet Data will refer the case to an independent partner laboratory. You will be notified and must authorize the referral before your Media is sent. Verbal authorization is sufficient, as provided in Section 5(c), and Jet Data’s contemporaneous case record of that authorization governs under Section 5(c-1). Partner labs are independent businesses, not employees or agents of Jet Data. Each partner lab operates under its own terms, pricing, and procedures, and is bound by a written confidentiality obligation no less protective than Section 9 of this Agreement.
(d) No Certifications or Accreditations. Jet Data Recovery does not hold and does not claim any third-party security certification or accreditation, including but not limited to SOC 1, SOC 2, ISO/IEC 27001, ISO Class cleanroom certification, PCI DSS, CJIS, FedRAMP, or any HIPAA compliance certification or attestation. Certain partner laboratories maintain their own certifications, but any such certification belongs to that laboratory alone and is not extended, transferred, or shared with Jet Data. If your data is subject to a regulatory or contractual requirement that the handling party hold a specific certification, you must tell us in writing before shipping, and you should engage a certified provider directly.
4. Customer Representations and Warranties
You represent and warrant to Jet Data that:
(a) Ownership and Authority. You own the Media and Customer Data, or you have the full legal right, license, and authority to possess it and to authorize Jet Data to access, copy, and process it.
(b) No Third-Party Restriction. Your delivery of the Media to Jet Data does not violate any court order, protective order, employment agreement, non-disclosure agreement, licensing restriction, or law.
(c) Lawful Content. To the best of your knowledge, the Media does not contain content whose possession is unlawful.
(d) Disclosure of Regulated Data. You have disclosed to us, in writing and before work begins, whether the Media is reasonably expected to contain protected health information (PHI), nonpublic personal financial information subject to the Gramm-Leach-Bliley Act, student education records subject to FERPA, classified or export-controlled information, or biometric identifiers.
(e) Hazard Disclosure. You have disclosed any known physical hazard associated with the Media, including fire damage, chemical or biological contamination, water or sewage exposure, mold, or swollen or damaged lithium cells.
You will indemnify, defend, and hold Jet Data harmless from any claim, damage, expense, cost, or attorney’s fees arising from a breach of these representations, including any amount awarded against Jet Data or Steve’s Computers.
5. Evaluation, Quotes, and Authorization
(a) Evaluation results and pricing are provided after diagnostic assessment. Evaluation fees, if any, are disclosed before evaluation begins.
(b) Quotes are estimates based on the information available at the time of assessment. If the actual condition of the Media differs materially from what was observed at evaluation — including previously undisclosed prior recovery attempts, hidden physical damage, encryption, or additional failed components — Jet Data will contact you with a revised quote before proceeding. You may accept the revised quote or decline and have the Media returned.
(c) No Recovery work begins until you authorize the quoted price. Authorization may be given verbally (including by telephone or in person), in writing, electronically, by text message or email, or through our online approval system. All forms of authorization are equally binding.
(c-1) Record of Verbal Authorization. Where you authorize work or a partner lab referral verbally, Jet Data will make a contemporaneous written entry in the case record noting the date, time, the person who gave the authorization, and what was authorized, and will ordinarily send a confirming text or email to the contact information you provided. Jet Data’s contemporaneous case record is conclusive evidence of the authorization given, absent clear and convincing evidence of error. Your failure to object to a confirming text or email within forty-eight (48) hours constitutes ratification of the authorization described in it.
(d) Prior Attempts. Prior recovery attempts by you or by another provider — including opening the drive outside a clean environment, running repair or “unformat” software, or swapping components — materially reduce the likelihood of a successful recovery. You must disclose all prior attempts. Jet Data is not responsible for reduced recovery outcomes attributable to undisclosed prior attempts.
(e) File Listings. Where practical, Jet Data may provide a listing of recoverable files before you pay for the Recovery. A file listing indicates file structure and does not guarantee that every listed file is complete, uncorrupted, or usable.
6. Payment Terms
(a) You authorize Jet Data to invoice and collect all sums due for services and related expenses, including shipping, insurance, parts, donor media, destination media, and off-the-shelf software used in connection with the services.
(b) Unless Jet Data agrees otherwise in advance and in writing, all sums are due and payable before Deliverables are released. Payment may be made by credit card, debit card, company check, ACH, or bank money order.
(c) Evaluation fees, shipping charges, and expedited service fees are non-refundable once incurred, regardless of Recovery outcome.
(d) Jet Data may suspend or terminate services if payment is not received when due, without liability to you or any third party for resulting damages or losses.
(e) Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Texas law, plus reasonable collection costs and attorney’s fees.
(f) Chargebacks. Initiating a chargeback for services performed and delivered does not relieve you of payment obligations. Jet Data reserves the right to recover the disputed amount, chargeback fees, and collection costs.
7. Turnaround Times and Shipping
(a) Turnaround estimates are good-faith estimates only and are not guaranteed. Recovery timelines depend on failure severity, donor part availability, and lab queue.
(b) Inbound. Risk of loss for shipments to Jet Data remains with you until the Media is received and logged at our facility.
(c) Outbound. Risk of loss for shipments from Jet Data to you passes to you upon our tender to the carrier.
(d) Transit To and From Partner Labs. You authorize Jet Data to ship your Media to and from partner laboratories, ordinarily by United States Postal Service or another common carrier of our selection. JET DATA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, THEFT, DELAY, MISDELIVERY, DAMAGE, OR DESTRUCTION OF MEDIA OR DATA WHILE IN THE CUSTODY OF ANY CARRIER, INCLUDING SHIPMENTS TO AND FROM PARTNER LABORATORIES. Once Media is tendered to a carrier, it is outside Jet Data’s possession and control.
(e) Declared Value and Insurance. Carrier shipments are sent with standard carrier coverage only unless you request and pay for additional declared value or insurance in advance and in writing. Standard USPS coverage is limited and will not approach the value you place on your data. If the Media or the data on it is valuable to you, you should request additional insurance in writing before we ship. Any recovery for a lost or damaged shipment is limited to the amount actually paid by the carrier under its own liability terms.
(f) Packaging. You are responsible for adequate packaging of inbound shipments. Jet Data packages outbound and partner-lab shipments using reasonable care and industry-standard antistatic and protective materials.
(g) Prepaid Labels. Use of a prepaid shipping label supplied by Jet Data does not alter the allocation of risk of loss set out in this Section.
(h) In-Person Alternative. You may hand-deliver and pick up Media at our San Antonio facility to avoid carrier risk on the inbound and outbound legs. Transit to a partner laboratory, where required, cannot be avoided.
8. Data Handling, Retention, and Destruction
(a) Access Limited to Purpose. Jet Data personnel access Customer Data only to the extent necessary to evaluate, recover, verify, and deliver it. We do not read, review, mine, index, analyze, or otherwise use Customer Data for any purpose beyond performing the services and confirming recovery integrity.
(b) Verification. Verifying a successful Recovery necessarily requires opening or previewing a limited sample of files. You consent to this limited access.
(c) Safeguards. Jet Data implements and maintains reasonable procedures to protect sensitive personal information from unlawful use or disclosure, consistent with Texas Business and Commerce Code § 521.052. This includes physical access controls, restricted network segments, encrypted destination media where requested, and confidentiality obligations for all personnel and subcontractors.
(d) Retention Window. Following delivery of recovered data, Jet Data retains a copy of your recovered data for a limited safety-net window — thirty (30) days unless you request otherwise in writing. This protects you if a Deliverable is lost or damaged in transit.
(e) Destruction. After the retention window closes, Jet Data destroys its working copies of Customer Data using methods designed to make the data unreadable and indecipherable, consistent with Texas Business and Commerce Code § 521.052(b). You may request immediate destruction at any time by written notice to support@jetdatarecovery.com, and may request written confirmation of destruction.
(f) Third-Party Contract Media. Any equipment, data, or media supplied to Jet Data under a third-party contract will be returned to that third party within forty-five (45) days of case closure, unless you purchased a “Keep Your Drive” option from that third party.
(g) Breach Notification. In the event of a breach of system security involving sensitive personal information, Jet Data will provide notice as required by Texas Business and Commerce Code § 521.053 — to affected individuals without unreasonable delay and no later than sixty (60) days after determining a breach occurred, and to the Texas Attorney General within thirty (30) days if the breach involves 250 or more Texas residents.
9. Confidentiality
(a) Jet Data and any agents it employs acknowledge that all materials and information provided by you or accessed in the course of our duties — including software, hardware, technical and system profiles, documents, records, programs, data, credentials, ideas, designs, methodologies, processes, formulae, ledgers, files, communications, technical requirements, names, addresses and other identifying information about individuals and businesses, financial information, and insurance information (collectively, “Customer Information”) — are your property.
(b) Jet Data and its agents will use and view Customer Information only within the scope of their rights and responsibilities under this Agreement, and will not disclose it to any third party without your prior written approval.
(c) Jet Data agrees to:
- Hold Customer Information in strict confidence;
- Not disclose Customer Information to any affiliated or non-affiliated person, firm, or entity except as necessary to provide services or as required by law;
- Require any third party engaged to provide services to hold Customer Information in strict confidence;
- Return or destroy Customer Information upon your request or upon termination of this Agreement; and
- Comply with applicable privacy laws and regulations, including the Gramm-Leach-Bliley Act, Public Law 106-102 (1999), 15 U.S.C. § 6801, as amended.
(d) Exceptions. These confidentiality obligations do not apply to information that: (1) is or becomes publicly available without breach of duty by Jet Data or its agents; (2) was known to Jet Data before your disclosure, other than through an agent or affiliate subject to confidentiality obligations in your favor; (3) Jet Data obtains from a source other than you, other than by breach of a confidentiality obligation owed to you; (4) Jet Data independently develops without reference to Customer Information; or (5) is subject to a mandatory reporting obligation under Section 10 or is required to be disclosed by subpoena, court order, or law.
(e) Compelled Disclosure. If Jet Data is served with a subpoena, warrant, court order, or other legal demand for Customer Information, we will, to the extent permitted by law, notify you promptly so you may seek a protective order.
(f) Promotional Use. Business entities, government entities, and organizations whose data is successfully recovered by Jet Data grant Jet Data the right to use their logos and names for promotional purposes. Any such entity may withdraw this permission at any time, and Jet Data will remove the material immediately upon request. This provision does not apply to individual consumers, whose names and identities are never used for promotional purposes without separate written consent.
10. Unlawful Content and Mandatory Reporting
(a) Texas Business and Commerce Code Chapter 110 requires any computer technician who, in the course and scope of employment or business, views an image on a computer that is or appears to be child pornography to immediately report that discovery to a local or state law enforcement agency or to the CyberTipline at the National Center for Missing and Exploited Children. Jet Data technicians comply fully with this obligation, and with the parallel federal reporting requirements at 18 U.S.C. § 2258A.
(b) Jet Data will cooperate with law enforcement as required by law and may preserve and surrender Media and Customer Data pursuant to lawful process.
(c) Confidentiality obligations under Section 9 do not apply to child sexual abuse material, imminent threats to life or safety, or information whose disclosure is legally compelled.
(d) Jet Data may terminate services and retain custody of Media without refund where required to comply with law enforcement direction or legal process.
11. Return of Media, Possessory Lien, and Abandonment
(a) Jet Data holds a possessory lien on your Media for unpaid charges under Texas Property Code Chapter 70, Subchapter A. Jet Data may retain the Media until amounts due are paid.
(b) Storage. Media not retrieved within thirty (30) days after we notify you that the case is complete or declined may be subject to reasonable storage fees.
(c) Abandonment. Media left with Jet Data for more than ninety (90) days after case completion or declination, following at least two documented attempts to reach you at the contact information you provided, is deemed abandoned. Jet Data may then destroy, recycle, or otherwise dispose of the Media and any data on it, or exercise its lien rights under Texas Property Code Chapter 70. Any data on abandoned Media is destroyed using methods designed to render it unreadable.
(d) You remain responsible for return shipping charges for any Media you ask us to return.
12. Independent Contractor
Jet Data affirms that it is an independent contractor and exercises control and direction over its own personnel in providing services. This Agreement does not create a partnership, joint venture, employment relationship, or general agency between the parties. Neither party has the power to make contracts, commitments, statements, or representations on behalf of the other except as set out in this Agreement.
13. DISCLAIMER OF WARRANTIES
(a) NO GUARANTEE OF RECOVERY. DATA RECOVERY IS INHERENTLY UNCERTAIN. JET DATA DOES NOT GUARANTEE THAT ANY DATA WILL BE RECOVERED, THAT RECOVERED DATA WILL BE COMPLETE, INTACT, UNCORRUPTED, OR USABLE, OR THAT FILE NAMES, FOLDER STRUCTURE, METADATA, OR TIMESTAMPS WILL BE PRESERVED.
(b) PRE-EXISTING AND ADDITIONAL DAMAGE. YOU ACKNOWLEDGE THAT THE MEDIA MAY HAVE BEEN DAMAGED BEFORE ITS RECEIPT BY JET DATA, AND THAT EFFORTS TO COMPLETE THE SERVICES MAY RESULT IN FURTHER DAMAGE TO OR DESTRUCTION OF THE MEDIA. RECOVERY OFTEN REQUIRES INVASIVE PROCEDURES THAT PERMANENTLY ALTER THE MEDIA. JET DATA CANNOT ASSUME RESPONSIBILITY FOR ADDITIONAL DAMAGE THAT MAY OCCUR DURING ITS EFFORTS TO COMPLETE THE SERVICES.
(c) NO IMPLIED WARRANTIES. JET DATA MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JET DATA DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
(d) DONOR PARTS. Recovery may require donor components from other devices. Donor parts carry no warranty and are consumed in the recovery process.
14. LIMITATION OF LIABILITY
(a) NO INDIRECT DAMAGES. IN NO EVENT SHALL JET DATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR THE COST OF RECONSTRUCTING DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) CAP ON LIABILITY. THE TOTAL AGGREGATE LIABILITY OF JET DATA TO YOU UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL SUMS ACTUALLY PAID BY YOU TO JET DATA FOR THE SERVICES GIVING RISE TO THE CLAIM.
(c) MALWARE. JET DATA IS NOT LIABLE FOR DAMAGE CAUSED BY VIRUSES, WORMS, TROJAN HORSES, RANSOMWARE, OR OTHER MALWARE PRESENT ON THE MEDIA OR IN RECOVERED DATA. RECOVERED DATA IS RETURNED IN THE STATE IN WHICH IT WAS FOUND AND MAY CONTAIN MALICIOUS CODE. YOU ARE RESPONSIBLE FOR SCANNING RECOVERED DATA BEFORE USE.
(d) THIRD PARTIES. No third party shall be held directly or indirectly liable to you for any damage, loss, cost, or injury arising out of services performed by Jet Data.
(e) MEDIA VALUE. Any liability for physical loss of or damage to Media is limited to the fair market replacement value of the blank Media itself, not the value of the data it contained.
(f) TRANSIT. JET DATA IS NOT LIABLE FOR LOSS, THEFT, DELAY, MISDELIVERY, DAMAGE, OR DESTRUCTION OF MEDIA OR DATA OCCURRING WHILE IN THE CUSTODY OF THE UNITED STATES POSTAL SERVICE OR ANY OTHER CARRIER, INCLUDING SHIPMENTS TO AND FROM PARTNER LABORATORIES.
(g) PARTNER LABORATORIES. PARTNER LABORATORIES ARE INDEPENDENT BUSINESSES. JET DATA IS NOT LIABLE FOR THE ACTS, OMISSIONS, RECOVERY OUTCOMES, DATA HANDLING PRACTICES, OR COMPLIANCE POSTURE OF ANY PARTNER LABORATORY.
(h) TIME LIMIT. Any claim arising out of this Agreement must be brought within one (1) year after the claim accrues, or it is permanently barred, to the extent permitted by Texas law.
15. Manufacturer Warranty Guarantee
Jet Data’s data recovery work is performed so as not to void manufacturer warranties, and Jet Data’s warranty seals are accepted by major storage manufacturers. In the unlikely event that a manufacturer rejects Jet Data’s warranty seal, Jet Data will compensate you for the replacement cost of the storage device up to a maximum of $100.00. You must provide written proof of the manufacturer’s warranty rejection to be eligible for this compensation.
16. Regulated Data — HIPAA, GLBA, FERPA
(a) Mandatory Advance Disclosure. If the Media contains protected health information, nonpublic personal financial information, student education records, or other data subject to a specific regulatory regime, you must notify Jet Data in writing before shipment. Absent that written notice, Jet Data has no way to know regulated data is present and no obligation to apply regulated-data handling procedures beyond its standard safeguards under Section 8.
(b) No Certification. As stated in Section 3(d), Jet Data holds no HIPAA compliance certification, SOC report, or comparable third-party attestation. Jet Data does not represent that its facility, systems, or procedures have been audited against any such framework. If your compliance obligations require a certified or audited service provider, you should engage one directly.
(c) Business Associate Agreements. Where you are a HIPAA covered entity or business associate and you disclose that fact in advance, Jet Data will consider executing a Business Associate Agreement on a case-by-case basis, or will refer the matter to a partner laboratory that maintains the certifications you require. Jet Data is not obligated to accept any engagement involving PHI. Where a Business Associate Agreement is executed, it controls over any conflicting term of this Agreement with respect to PHI.
(d) Texas Medical Records Privacy Act. Jet Data acknowledges that possession of PHI may render it a covered entity under the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181, and will handle such data consistent with the confidentiality and destruction obligations of Sections 8 and 9.
(e) Financial and Education Records. Where the Media contains nonpublic personal financial information, Jet Data will handle that information consistent with the Gramm-Leach-Bliley Act and the FTC Safeguards Rule. Student education records will be handled consistent with FERPA.
(f) Partner Lab Routing. Where regulated data must be handled by a certified facility, Jet Data will route the case to an appropriate partner laboratory with your authorization. That laboratory’s certifications, terms, and obligations apply to its handling of your data. Jet Data does not guarantee or assume responsibility for a partner laboratory’s compliance posture.
17. Use of Artificial Intelligence
Jet Data may use software tools that incorporate artificial intelligence for internal business functions such as scheduling, drafting communications, and diagnostic pattern analysis. Jet Data does not upload, submit, or expose Customer Data to any third-party artificial intelligence system, does not use Customer Data to train any artificial intelligence model, and does not use artificial intelligence to make consequential decisions about you. Jet Data’s use of artificial intelligence complies with the Texas Responsible Artificial Intelligence Governance Act, Texas Business and Commerce Code Chapter 551 et seq., effective January 1, 2026.
18. Electronic Communications and Signatures
(a) You consent to receive notices, invoices, quotes, authorizations, and other communications electronically. Electronic records and signatures satisfy any legal requirement for a writing under the Texas Uniform Electronic Transactions Act, Texas Business and Commerce Code Chapter 322, and the federal E-SIGN Act, 15 U.S.C. § 7001.
(b) By providing a mobile number, you consent to receive service-related calls and text messages from Jet Data about your case. Message and data rates may apply. Reply STOP to opt out of text messages. Opting out of texts does not opt you out of service-critical calls or email.
19. Force Majeure
Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disaster, severe weather, fire, flood, power or grid failure, telecommunications or internet outage, labor dispute, pandemic, act of war or terrorism, cyberattack, government action, or supply chain disruption affecting donor parts.
20. Governing Law, Venue, and Dispute Resolution
(a) Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to its conflict of law provisions.
(b) Venue. Exclusive venue for any dispute lies in the state or federal courts located in Bexar County, Texas, and both parties consent to personal jurisdiction there.
(c) Informal Resolution First. Before filing any action, the complaining party will give the other written notice describing the dispute and a good-faith opportunity of at least thirty (30) days to resolve it. Send notices to support@jetdatarecovery.com or to the address in Section 23.
(d) DTPA Notice. Nothing in this Agreement waives any right you may have under the Texas Deceptive Trade Practices–Consumer Protection Act. You acknowledge the pre-suit notice requirement of Texas Business and Commerce Code § 17.505.
(e) Attorney’s Fees. In any action to enforce this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees and costs, to the extent permitted by Texas law.
21. Third-Party Beneficiary
Steve’s Computers is an intended third-party beneficiary of this Agreement and is entitled to the benefit of the indemnification, limitation of liability, and warranty disclaimer provisions herein.
22. General Provisions
(a) Entire Agreement. This Agreement, together with the Jet Data Recovery Privacy Policy and any executed Business Associate Agreement or written work authorization, represents the complete understanding between the parties. It may be amended only in a writing signed by both parties, except that Jet Data may update these Terms prospectively by posting a revised version with a new effective date.
(b) Version Control. The version of these Terms in effect at the time you authorize work governs that case.
(c) Severability. If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision is reformed to the minimum extent necessary to make it enforceable.
(d) No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
(e) Assignment. You may not assign this Agreement without Jet Data’s written consent. Jet Data may assign this Agreement in connection with a merger, acquisition, or sale of assets.
(f) Survival. Sections 4, 6, 8, 9, 10, 13, 14, 16, 20, 21, and 22 survive termination or completion of services.
(g) Headings. Section headings are for convenience only and do not affect interpretation.
