Terms of Service

Introduction

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE DEVICE RESCUE SERVICES. BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

Agreement to Terms

These Terms constitute a legally binding agreement between you and Device Rescue LLC ("Device Rescue", "we", "our", or "us") governing your access to and use of our website, platform, products, mobile application, software, and services (collectively, the "Services"). Your continued use constitutes acceptance of all revisions to these Terms.

Eligibility

By accessing or using the Services, you represent and warrant that:

• You are at least 18 years old and capable of entering into a legally binding agreement;

• You are accessing the Services on behalf of a business, organization, or other legal entity—or, if acting as an individual, you understand and agree that the Services are primarily intended for commercial and business use;

• You have the authority to bind the entity (if applicable) and are using the Services for lawful purposes in compliance with all applicable laws, regulations, and contractual obligations.

Consumer Notice: While individual users may access the Services, you acknowledge and agree that the Services are not designed or marketed for personal, family, or household purposes, and certain consumer protection laws may not apply to your use of the Services. To the fullest extent permitted by law, you waive any rights or remedies that would only apply if the Services were provided primarily for personal or consumer use.

Modifications to These Terms

We reserve the right, in our sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and for any reason, with or without prior notice, except where notice is required by applicable law. Any modifications to these Terms will become effective upon posting, unless a later effective date is expressly stated.

While we may, but are not obligated to, notify you of material changes through email, in-Service notifications, or other reasonable methods, it is your responsibility to review these Terms periodically for updates. Your continued access to or use of the Services after the effective date of any revised Terms constitutes your binding acceptance of those changes. If you do not agree to the modified Terms, you must immediately discontinue all use of the Services.

For clarity, we are not required to provide notice of changes that do not materially alter your rights or obligations, including changes made solely for clarity, formatting, or administrative purposes.

Description of Services

We provide a range of technology asset management services primarily designed to support the retrieval, recovery, storage, and redistribution of physical hardware on behalf of businesses and organizations. Our core offerings include, but are not limited to:

• Hardware Retrieval Services: This includes the production, shipment, and tracking of device retrieval kits intended for the secure collection and return of technology assets such as laptops, tablets, phones, and other equipment from individuals or offices.

• Warehousing and Storage ("IT Closet"): We offer secure, short-term or long-term warehousing of returned or idle equipment, with optional inventory management, visual inspections, condition reporting, and controlled dispatch back to users or other endpoints as instructed by the client.

• Subscription-Based Services:
  Clients may subscribe to service plans that provide entitlement-based access to the core Device Rescue platform and features. Subscription plans determine the number of permitted retrievals, the ability to initiate and track retrieval kit orders, access to internal tools such as IT Closet inventory, warehouse dispatch controls, team member and office branch management, audit logs, asset tracking, and billing controls. Subscription tiers may also govern priority support levels, reporting capabilities, and integration features.

• Add-On and Ancillary Services:
  We may offer additional services that can be purchased outside of standard subscription entitlements. These may include, but are not limited to: retrieval insurance, printed instructions or return materials customization, priority kit fulfillment, custom return shipping configurations, expanded billing or cost-center tracking, retrievals for non-standard device types, one-time API usage, or manual processing support. Add-on services are billed separately and may be subject to their own service-level terms or minimum fees.

SMS/Text Message Notifications

As part of the Services, Device Rescue may send SMS or text message notifications strictly for transactional purposes. These messages may include, but are not limited to: delivery confirmations, shipment tracking updates, return instructions, fulfillment alerts, or follow-up communications related to device retrieval kits, warehouse-dispatched shipments, or purchases made through the platform.

Text messages are not sent solely based on the presence of a phone number. SMS notifications are only initiated when the ordering party explicitly opts in through the order form and confirms that they are authorized to provide consent on behalf of the recipient. By opting in, the ordering party affirms that the designated recipient has been informed and consents to receive transactional SMS communications related to their shipment or order.

Recipients may opt out of such communications at any time by replying “STOP.” Message and data rates may apply. Device Rescue does not guarantee delivery of text messages, as transmission may be affected by third-party carrier networks or other technical limitations.

Device Rescue does not send promotional, advertising, or marketing-related SMS messages.

Modifications to Services

We reserve the right, at any time and without prior notice, to modify, enhance, limit, suspend, or discontinue any part of the Services or any specific feature or functionality, either temporarily or permanently. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuation, nor shall any such action entitle you to a refund or compensation, except as otherwise expressly provided in a written agreement.

All Services are provided subject to availability and may vary depending on your plan tier, contract, or geographic location.

Payment Terms

Unless otherwise expressly agreed in writing by us, all fees, charges, and amounts payable in connection with the Services must be paid in full and in advance. No Services shall be rendered, shipped, or provisioned until payment has been successfully processed and confirmed.

All payments are non-refundable and non-creditable, including but not limited to payments made for retrieval services, subscriptions, or shipments that are delayed, refused, lost, or otherwise not completed due to circumstances beyond our control. You acknowledge and agree that refunds, if any, are granted solely at our discretion and only in exceptional cases where required by applicable law.

Certain Services are offered on a subscription basis. By enrolling in a subscription plan, you agree that your subscription will automatically renew at the end of each billing period unless canceled at least twenty-four (24) hours prior to renewal. You authorize us to charge the default payment method associated with your account for each renewal term unless you update or remove your billing information. You are solely responsible for managing your subscription status.

We may, at our sole discretion, extend net payment terms to eligible business customers who meet our underwriting and credit evaluation criteria. All invoices issued under net terms are subject to the payment deadlines specified therein. Failure to remit payment in accordance with the stated terms may result in suspension of Services, late fees, collections activity, or account termination.

We reserve the right to report payment histories—including delinquencies, defaults, and timely payments—to commercial or consumer credit bureaus, credit reporting agencies, and other relevant financial institutions, where permitted by law. You acknowledge that such reporting may impact your creditworthiness or business credit profile.

All fees are quoted and payable in U.S. Dollars unless otherwise specified in writing, and do not include applicable taxes, levies, or duties, which shall be your responsibility.

Account and Access Control

Access to the Services may require the creation and maintenance of an account. You agree to provide accurate, current, and complete information during registration and to update your account details as necessary to ensure continued accuracy. You are solely responsible for all access to and use of the Services under your account, whether or not such activity is authorized by you.

You are responsible for maintaining the confidentiality and security of your account credentials. You must not share, transfer, or otherwise permit any unauthorized party to use your credentials or access your account. You agree to notify us immediately upon becoming aware of any actual or suspected unauthorized access, use, or disclosure of your account, password, or any other security incident.

We reserve the right, at any time and without prior notice, to limit, suspend, or terminate your access to the Services, your account, or any portion thereof, if we determine, in our sole discretion, that such action is necessary to: (a) protect the security or integrity of the Services or our infrastructure; (b) enforce these Terms or any applicable policy; (c) prevent fraud, abuse, or misuse; or (d) comply with applicable law or the order of a governmental authority.

You acknowledge and agree that we shall have no liability to you or to any third party for any suspension or termination of access pursuant to this Section. We further reserve the right to require re-authentication, impose additional access controls, or request further information to verify your identity at any time.

Acceptable Use and Restrictions

You agree to use the Services only for lawful purposes and in strict accordance with these Terms. You shall not, directly or indirectly:

• Access or use the Services in any manner that violates any applicable law, regulation, or third-party right, including intellectual property, privacy, or export control laws;

• Use the Services in connection with any activity that is fraudulent, deceptive, harmful, harassing, abusive, libelous, or otherwise objectionable or illegal;

• Access, probe, scan, or test the vulnerability of any system or network related to the Services, breach or circumvent any authentication or security measures, or interfere with or disrupt the integrity, availability, or performance of the Services or any systems or data of Device Rescue or its third-party providers;

• Reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code or underlying structure, algorithms, or ideas of any portion of the Services, except to the limited extent expressly permitted by applicable law notwithstanding this prohibition;

• Use any robot, spider, scraper, crawler, or other automated means to access or copy any portion of the Services, or to create derivative works based on the Services, without our express prior written consent;

• Bypass, disable, or otherwise interfere with any technical limitations, usage restrictions, rate-limiting mechanisms, or monitoring functions implemented within the Services;

• Use the Services to impersonate any person or entity, misrepresent your affiliation, or disguise the origin of any request or submission;

• Resell, sublicense, rent, lease, or otherwise make the Services available to any third party on a service bureau, time-sharing, or similar basis without prior written authorization.

We reserve the right to investigate and take any action we deem appropriate—including suspension or termination of access, legal action, and referral to law enforcement—if we believe you have violated this Section or otherwise engaged in conduct that may harm the Services, our users, or our reputation.

User-Submitted Content

You retain all right, title, and interest in and to any data, content, files, images, or other materials that you submit, upload, transmit, or otherwise make available through the Services (“User Content”). By submitting User Content, you represent and warrant that you have all necessary rights, licenses, consents, and permissions to do so, and that such content does not violate any applicable law or infringe any third-party rights.

You hereby grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, and irrevocable license to use, host, store, reproduce, process, transmit, and display your User Content solely as necessary to operate, maintain, and improve the Services.

We do not claim ownership of your User Content and do not sell it to third parties. However, we may aggregate and anonymize data for analytics, product improvement, diagnostics, benchmarking, or other lawful business purposes.

You acknowledge and agree that certain information you submit—such as company identifiers (e.g., EIN, D-U-N-S numbers) and payment card information—may be required for account setup, billing, or regulatory compliance. Such information must only be submitted through secure, authorized methods provided by the Services (e.g., encrypted forms, PCI-compliant processors). You must not transmit sensitive information, including personal health data, full Social Security numbers, or unencrypted payment credentials, through unauthorized channels such as support tickets, chat, or free-text fields.

We expressly disclaim any liability arising from User Content submitted outside approved workflows, or in violation of applicable privacy, financial, or data protection regulations.

Upon termination of your account, we may retain User Content for a commercially reasonable period in accordance with our data retention policies, or as required by law. After such period, we reserve the right to delete or anonymize such data without notice. We are under no obligation to return User Content after termination unless legally required to do so.

Data Privacy

Your use of the Services is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms and forms a binding part of your agreement with us. By accessing or using the Services, you acknowledge that you have reviewed and understood the Privacy Policy and expressly consent to the collection, use, processing, disclosure, and retention of your personal data as described therein.

We process personal data in accordance with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the California Consumer Privacy Act (“CCPA”), and other relevant U.S. or international frameworks. Our lawful bases for processing may include your consent, the necessity of processing for the performance of a contract, compliance with legal obligations, and our legitimate business interests in providing and improving the Services.

Where required, we may enter into a separate Data Processing Agreement (“DPA”) with clients, particularly where processing involves special categories of data, international transfers, or jurisdiction-specific compliance obligations. In the event of any conflict between these Terms and a mutually executed DPA, the terms of the DPA shall control with respect to data processing obligations.

To facilitate the Services, we may transfer personal data across national borders, including to jurisdictions that may not provide the same level of data protection as your home country. Where required by law, we will implement appropriate safeguards for such transfers, including reliance on standard contractual clauses, adequacy decisions, or other valid transfer mechanisms.

You may have certain rights under applicable data protection laws, which may include the right to access, correct, update, or delete your personal information; the right to restrict or object to certain processing activities; the right to data portability; and the right to withdraw consent at any time, where processing is based on consent. Requests to exercise these rights should be submitted in accordance with the procedures set forth in our Privacy Policy.

Upon account termination or deactivation, we may retain personal data for a commercially reasonable period in accordance with our internal retention schedules, for purposes such as legal compliance, fraud prevention, dispute resolution, enforcement of our rights, and operational continuity. After such period, we may delete, archive, or anonymize such data, except where further retention is required by law.

Where the Services incorporate, rely on, or interoperate with third-party platforms, providers, or processors (e.g., payment gateways, data storage services, analytics providers), you acknowledge that your personal data may be subject to their respective privacy policies. We do not control and disclaim all liability for the data handling practices, security controls, or legal compliance of any such third party.

Credit Reporting Disclosure

We may, in our sole discretion and in accordance with applicable law, report your payment activity—whether positive or negative—to one or more commercial or consumer credit reporting agencies or bureaus. This may include records of timely payments, delinquent accounts, defaults, charge-offs, and other credit-related events arising from your use of the Services.

Credit reporting may apply to your business entity and, where applicable, to any individual who registers as or on behalf of the account holder, signs as a guarantor, or otherwise provides identifying information for billing purposes. If you register as a sole proprietor, or if your organization is approved for net payment terms, you acknowledge that payment activity may affect your personal credit report.

We comply with applicable credit reporting laws, including the Fair Credit Reporting Act (FCRA). You authorize us to furnish accurate information to credit bureaus and to obtain consumer or commercial credit reports in connection with onboarding, underwriting, billing, or collections.

Personal Guaranty (If Applicable):
If you request or accept net payment terms on behalf of a business or entity that does not meet our minimum credit requirements, we may require a personal guaranty as a condition of approval. By accepting such terms, you agree to be personally liable for all payment obligations incurred under the account, and you consent to personal credit checks and reporting. Your guaranty is continuing, absolute, and unconditional, and survives any changes in account ownership, status, or structure unless explicitly revoked in writing and accepted by us.

If you believe any reported information is inaccurate, you may contact us in writing at legal@devicerescue.com with supporting documentation. We will investigate in good faith and correct or update any verified errors in accordance with applicable law. We are not responsible for credit score impacts arising from accurate reporting.

We further reserve the right—but not the obligation—to perform periodic credit assessments, obtain updated reports, and evaluate creditworthiness throughout the term of your relationship with us.

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR THAT THE SERVICES WILL OPERATE UNINTERRUPTED, BE ERROR-FREE, FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR ACHIEVE ANY PARTICULAR RESULTS OR OUTCOMES.

We make no representations or warranties that the Services, or any information, data, or content made available through the Services, will be current, accurate, reliable, secure, or suitable for your intended use or environment. You acknowledge and agree that use of the Services is at your sole risk, and that any reliance on the Services or outputs generated therefrom is entirely your own responsibility.

No oral or written information, advice, representation, or statement provided by us, our representatives, or any third party shall create any warranty not expressly stated in these Terms. We expressly disclaim any liability for decisions made or actions taken based on the use of the Services, including without limitation in connection with regulatory compliance, internal controls, or commercial operations.

Certain jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. In such cases, the disclaimers in this Section shall apply to the fullest extent permitted under applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVICE RESCUE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS, OR ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EXCEED THE TOTAL AMOUNT PAID BY YOU TO DEVICE RESCUE FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations and exclusions in this Section shall apply notwithstanding any failure of essential purpose of any limited remedy and regardless of the form or nature of the claim. You acknowledge that these limitations are an essential element of the bargain between you and Device Rescue and will apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not permit the exclusion or limitation of certain damages. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Device Rescue LLC, together with its past, present, and future parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns, as well as its owners, founders, investors, and equity holders (collectively, the “Indemnified Parties”), from and against any and all claims, demands, suits, proceedings, investigations, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of or relating to:

• Your access to or use of the Services;

• Your violation or alleged violation of these Terms, any applicable law, regulation, or third-party right;

• Any User Content or data submitted, posted, transmitted, or otherwise made available by you or on your behalf through the Services;

• Your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, or other rights of any third party;

• Any business, contractual, or customer relationship you manage through the Services, or any dispute between you and a third party arising from your use of the Services;

• Any breach of your representations, warranties, or obligations under these Terms.

We reserve the right, at our sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification. If we do so, you agree to fully cooperate with our defense and settlement of such claims. We will not settle any matter requiring indemnification without your prior written consent if such settlement would impose any non-monetary obligation on you; however, your consent may not be unreasonably withheld, delayed, or conditioned.

Your obligations under this Section shall survive termination or expiration of your use of the Services and remain in full force and effect.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Device Rescue agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any transaction between us (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the Federal Arbitration Act (“FAA”) and applicable federal arbitration law. This agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the Dispute arises before, during, or after the termination of your relationship with Device Rescue.

Arbitration Rules and Venue

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or other rules mutually agreed upon in writing, and conducted before a single arbitrator in English. Unless otherwise agreed, the arbitration will take place in Kootenai County, Idaho. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The AAA rules are available at www.adr.org.

Mutual Class Action Waiver

You and Device Rescue agree that any Dispute will be resolved solely on an individual basis and not in any class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of class or representative proceeding. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE A CLASS ACTION OR CLASS ARBITRATION.

Attorneys’ Fees and Costs

Each party shall bear its own attorneys’ fees and arbitration costs, except as otherwise required by the applicable rules of the AAA or governing law. The arbitrator may award reasonable attorneys’ fees and costs to the prevailing party in accordance with applicable law.

Opt-Out Procedure

You may opt out of this arbitration provision by sending a written notice to legal@devicerescue.com with the subject line “Arbitration Opt-Out” within thirty (30) days of your first use of the Services. The notice must include your full name, the email address associated with your account, and a clear statement that you decline arbitration. This is the only valid method of opt-out. Timely opt-out means you will retain the right to litigate Disputes in court, but you still waive any right to participate in a class or representative action.

Enterprise Opt-Out Exception

If you or your organization has entered into a written agreement with Device Rescue reflecting annual billing commitments of $100,000 USD or more, then the arbitration provision in this Section shall not apply, and all Disputes shall instead be resolved exclusively in the courts located in Kootenai County, Idaho, subject to the Governing Law clause below.

Exceptions to Arbitration

Either party may (a) bring an individual action in small claims court, if eligible, or (b) seek temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or prevent unauthorized access or use of the Services.

Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND DEVICE RESCUE EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING NOT SUBJECT TO ARBITRATION, INCLUDING ANY CLAIM ASSERTED IN A COURT WHERE THIS ARBITRATION AGREEMENT IS HELD TO BE UNENFORCEABLE.

Termination

We reserve the right, in our sole and absolute discretion, to suspend, restrict, or terminate your access to the Services, your account, or any portion thereof, at any time, with or without notice, and for any reason or no reason, including but not limited to: (a) violations of these Terms or any other applicable agreement or policy; (b) conduct that we believe is fraudulent, abusive, unlawful, or harmful to our interests or those of other users; (c) compliance with a legal obligation or government request; or (d) technical, operational, or security concerns affecting the Services.

We may also terminate the Services or your access to them for convenience, with or without cause, and without incurring liability, provided that if you have a paid subscription or enterprise contract, such termination shall be subject to any applicable notice or wind-down period set forth in a separate written agreement.

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease, and you must discontinue all use of the Services. You acknowledge that termination may result in permanent deletion of your account, content, data, and configurations associated with your use of the Services. We may, but are not obligated to, retain your data for a period of up to thirty (30) days following termination, after which we reserve the right to permanently delete it without further notice, except as otherwise required by law.

We will not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Services, nor for any loss of data, revenue, or business arising therefrom. Except where required by law, no refunds, credits, or pro-rated fees shall be issued in connection with any termination.

Survival

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions.

Force Majeure

Device Rescue shall not be liable for any failure or delay in the performance of its obligations under these Terms, or for any interruption, suspension, or unavailability of the Services, to the extent such failure or delay is caused by events beyond our reasonable control (“Force Majeure Events”). These may include, without limitation: acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, quarantine restrictions, public health emergencies, acts of war or terrorism, civil unrest, embargoes, labor disputes or strikes, telecommunications or power failures, denial-of-service attacks, failure of hosting providers or cloud platforms, supply chain disruptions, governmental orders, or changes in law or regulation.

We will use commercially reasonable efforts to notify you if a Force Majeure Event materially affects our ability to perform under these Terms. Notice may be provided via email, in-app notification, or public announcement.

Our obligations under these Terms shall be suspended for the duration of the Force Majeure Event, and we shall not be deemed in breach or liable for any delay or failure in performance during such time. You acknowledge that no refunds, credits, or other compensation shall be due for any interruption or suspension of the Services resulting from a Force Majeure Event.

Notwithstanding the foregoing, any fees or payment obligations incurred prior to the onset of the Force Majeure Event shall remain due and payable in accordance with these Terms.

If a Force Majeure Event continues for more than thirty (30) consecutive days, we may, at our sole discretion, terminate or modify the affected portion of the Services without further liability, subject to any applicable written agreement between the parties.

Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to them, the Services, or any transaction between you and Device Rescue, shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to any conflicts of law principles that would result in the application of the laws of another jurisdiction.

The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or to any transaction involving the Services.

In the event any Dispute is determined not to be subject to arbitration under Section 14, you and Device Rescue agree to submit to the exclusive jurisdiction of the state and federal courts located in Kootenai County, Idaho, and waive any objection to venue or personal jurisdiction in those courts.

These Terms shall be interpreted and enforced exclusively in the English language, regardless of any translation made available for convenience.

In any judicial proceeding brought under these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other legal expenses, in addition to any other relief to which it may be entitled.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, agreements, or policies expressly incorporated by reference, constitute the entire and exclusive agreement between you and Device Rescue with respect to your access to and use of the Services, and supersede all prior or contemporaneous understandings, communications, proposals, or agreements, whether oral or written, relating to the subject matter hereof.

No oral or written information or advice given by Device Rescue or its representatives shall create any obligation or warranty not expressly stated in these Terms. In the event of any conflict between these Terms and any supplemental terms or policies, the terms most recently published by Device Rescue shall control, unless expressly stated otherwise.

Contact and Notices

All questions, notices, legal communications, or requests regarding these Terms should be directed to:

Device Rescue LLC
784 S Clearwater Loop, STE 5250
Post Falls, Idaho 83854
Email: legal@devicerescue.com

You agree that we may provide you with any required notices, disclosures, or other communications electronically, including by email or through in-Service messaging, and that such electronic communications satisfy any legal requirement that such communications be in writing.