Terms Of Service
# Reclaimify Terms of Service & Client Agreement
**Effective Date**: 09.07.2021 or July 9, 2021 (for website access)
- **Service Provider**: Reclaimify GmbH, Musterstraße 123, 10115 Berlin, Germany
These Terms of Service & Client Agreement ("Agreement" or "Terms") govern your access to and use of Reclaimify’s scam recovery services, including our website (www.reclaimify.com), subscription-based support, and any related features or materials. By engaging our services, signing up for a subscription, signing this Agreement, or otherwise interacting with Reclaimify, you agree to be bound by these Terms. If you do not agree, please do not use our services. Reclaimify GmbH, a company registered and based in Germany, operates in full compliance with the German Civil Code (Bürgerliches Gesetzbuch - BGB), the German Legal Services Act (Rechtsdienstleistungsgesetz - RDG), EU consumer protection laws (including Directive 2011/83/EU on consumer rights), the General Data Protection Regulation (GDPR), Anti-Money Laundering (AML) directives, and other applicable regulations. These Terms form a legally binding agreement between you and Reclaimify and supersede any prior understandings, agreements, or representations, whether oral or written. We recommend reviewing these Terms periodically, as they may be updated. For referenced policies, see our [Privacy & Data Protection Policy](www.reclaimify.com/privacy), [Code of Ethics](www.reclaimify.com/ethics), and [AML/CFT & Compliance Policy](www.reclaimify.com/aml).
## 1. Scope of Services
Reclaimify specializes in assisting victims of scams, particularly those involving cryptocurrencies, through ethical, transparent, and lawful methods. Our services aim to support clients in pursuing potential fund recovery, but we emphasize that no outcomes are guaranteed due to the inherent uncertainties of such cases. Specifically, Reclaimify provides the following on a subscription basis:
- **Blockchain Transaction Analysis**: Utilizing licensed, GDPR-compliant analytics tools (such as Chainalysis or equivalent platforms), we will conduct forensic tracing of cryptocurrency transactions related to the Client's scam. This includes identifying wallet addresses, transaction flows, potential exchange involvements, and links to known illicit activities, while adhering strictly to lawful open-source intelligence (OSINT) methods. Reports will be generated detailing findings, but analysis is limited to publicly available or Client-provided data.
- **Preparation of Case Documentation**: We will compile comprehensive evidence packages, including summaries of scam details, transaction timelines, communication records, and supporting exhibits. These documents will be formatted for submission to regulatory authorities (e.g., BaFin, German Financial Intelligence Unit - FIU), law enforcement (e.g., Europol, Interpol, or national police), or legal advisors, facilitating formal recovery efforts.
- **Legal Guidance**: Reclaimify will facilitate connections to vetted, RDG-registered legal professionals or firms specializing in fraud recovery and international law. We do not provide legal advice, representation, or litigation services ourselves but will assist in coordinating introductions and sharing prepared documentation with the Client's consent.
- **Personal Case Management**: A dedicated case manager will be assigned to oversee the Client's matter, providing personalized support, coordinating all service elements, and delivering bi-weekly status updates via email or a secure client portal. This includes tracking progress with external parties and addressing Client queries promptly.
- **Scam Prevention Education Resources**: Access to educational materials, such as guides, webinars, and FAQs on scam detection, secure wallet practices, investment verification, and regulatory warnings (e.g., from BaFin or the FBI). These resources are provided at no additional cost to promote Client empowerment and prevent future incidents.
- **Subscription-Based Support**: Ongoing access to the above services through a monthly subscription, including priority support, secure document sharing, and real-time case tracking via our online portal.
Services will commence upon the Client's subscription activation following a free initial consultation and will continue during the subscription term, subject to the Client's obligations under this Agreement.
**Important Limitations and No Guarantee of Recovery**: Reclaimify's services are advisory and facilitative in nature. We cannot and do not guarantee the recovery of any funds, assets, or damages lost to scams. Success depends on external factors beyond our control, including but not limited to: the complexity of the scam (e.g., use of privacy coins, mixers, or anonymous wallets), jurisdictional challenges (e.g., international borders or uncooperative authorities), timeliness of the Client's reporting, availability of traceable evidence, and cooperation from third parties (e.g., cryptocurrency exchanges or law enforcement). The Client acknowledges these uncertainties and agrees that Reclaimify's role is limited to providing support in pursuing recovery options, without any warranties of outcomes. All services are performed using exclusively legal and ethical methods, in compliance with RDG, BaFin guidelines, and MiCA (Markets in Crypto-Assets Regulation). Services are provided "as is" without implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by law.
## 2. Client Obligations
To enable Reclaimify to provide effective services and ensure compliance with legal requirements, the Client agrees to the following obligations:
- **Provision of Accurate and Complete Information**: Promptly provide all relevant details about the scam, including full descriptions of the incident, timelines, involved parties, transaction records (e.g., wallet addresses, transaction hashes, receipts), communications (e.g., emails, chat logs, screenshots), and any prior reports filed with authorities. The Client warrants that all information and materials provided are accurate, authentic, lawfully obtained, and not misleading. Any omissions or inaccuracies may impair service delivery and could lead to termination of this Agreement.
- **Timely Cooperation**: Respond to Reclaimify's requests for additional information, clarifications, or approvals within a reasonable timeframe (typically 7 business days). This includes participating in case reviews, consenting to data sharing where necessary (e.g., with legal advisors or authorities), and notifying Reclaimify immediately of any new developments related to the case (e.g., additional evidence or external resolutions).
- **Payment of Fees**: Pay all subscription fees as outlined in Section 3, maintaining a valid payment method and authorizing automatic charges. The Client is responsible for any applicable taxes, transaction fees, or currency conversion costs.
- **Compliance with Laws and Ethics**: Refrain from engaging in any unlawful, unethical, or self-help activities related to the scam recovery (e.g., hacking, threats, or unauthorized transactions). The Client must comply with all applicable laws, including AML/CFT requirements, and cooperate with Reclaimify's KYC verification processes (e.g., providing government-issued ID and proof of address). Refer to our [AML/CFT & Compliance Policy](www.reclaimify.com/aml) for details.
- **Notification of Changes**: Immediately inform Reclaimify of any changes to contact details, payment information, or personal circumstances that may affect service delivery or compliance (e.g., relocation to a new jurisdiction).
- **Use of Services**: Use Reclaimify's services solely for the purposes described in this Agreement and not for any illegal or unauthorized activities. The Client agrees not to misuse resources, such as sharing access to the client portal or educational materials without permission.
Failure to fulfill these obligations may result in suspension or termination of services, as detailed in Section 4, and the Client may be liable for any additional costs incurred by Reclaimify due to such breaches.
## 3. Fees and Payment
Reclaimify's services are provided on a subscription basis to ensure dedicated, ongoing support. The following terms govern fees and payments:
- **Subscription Fee**: €249 per month (inclusive of VAT where applicable), covering all standard services outlined in Section 1. This fee supports operational costs, including analytics tools, case management, and compliance measures. No additional fees apply for standard services; however, extraordinary expenses (e.g., third-party expert consultations) may be discussed and approved separately.
- **Billing Cycle**: Monthly recurring charges begin on the date of subscription activation (following the Effective Date and initial consultation) and continue until cancellation or termination. Invoices are issued electronically via email or the client portal.
- **Initial Consultation**: Provided free of charge and without obligation to subscribe. This consultation (up to 60 minutes) assesses case eligibility and viability, typically for losses exceeding €20,000.
- **Payment Processing**: Fees are charged automatically to the Client's provided payment method (e.g., credit card, bank transfer) through secure, GDPR-compliant processors (e.g., Stripe). The Client authorizes Reclaimify to store and use payment details for recurring billing. All payments are processed in Euros (€), and the Client is responsible for any currency conversion fees.
- **Late Payments**: If a payment is overdue by more than 14 days, Reclaimify will provide written notice via email. Services may be suspended until payment is received, without liability for any delays in case progress. Persistent non-payment may lead to termination under Section 4. No interest or late fees will be charged, but Reclaimify reserves the right to recover reasonable collection costs.
- **Taxes and Adjustments**: Fees are subject to applicable taxes (e.g., German VAT at the prevailing rate). Reclaimify may adjust fees annually to account for inflation or regulatory changes, with at least 30 days' notice via email. Continued subscription constitutes acceptance of adjustments.
## 4. Cancellation and Termination
This Agreement may be canceled or terminated as follows, in accordance with EU consumer rights and BGB provisions:
- **Cancellation by Client**: The Client may cancel the subscription at any time without penalty by accessing the account portal on www.reclaimify.com or emailing support@reclaimify.com. Cancellation is effective at the end of the current billing cycle, with no further charges. No early termination fees apply.
- **14-Day Cooling-Off Period**: Pursuant to EU Directive 2011/83/EU, the Client has a 14-day right of withdrawal from the Effective Date, during which a full refund will be issued if no substantial services have been rendered (e.g., no blockchain analysis initiated). To exercise this right, notify Reclaimify in writing (e.g., via email) before the period expires.
- **Termination by Reclaimify**: Reclaimify may terminate this Agreement with 14 days' written notice if the Client: (i) provides false or misleading information; (ii) fails to pay fees after notice; (iii) breaches any obligations under Section 2; (iv) engages in unlawful conduct; or (v) if continued services would violate laws or ethical standards. Immediate termination may occur for severe breaches (e.g., fraud).
- **Effects of Termination**: Upon termination, services cease, and access to the client portal is revoked. Reclaimify will provide a final case summary report. Data will be retained as per our [Privacy & Data Protection Policy](www.reclaimify.com/privacy). Any prepaid fees for unused portions may be refunded at Reclaimify's discretion, prorated based on services rendered.
- **Refunds**: Beyond the cooling-off period, refunds are discretionary and limited to unused services (e.g., if termination occurs mid-cycle without substantial activity). No refunds for partial months or if termination results from Client breach.
- **Survival**: Sections 5 (Disclaimers and Limitations of Liability), 6 (Confidentiality and Data Protection), 7 (Governing Law and Dispute Resolution), and 9 (Amendments) survive termination.
## 5. Disclaimers and Limitations of Liability
To manage expectations and allocate risks appropriately:
- **No Guarantee**: As stated in Section 1, Reclaimify disclaims any guarantees, warranties, or representations regarding recovery outcomes. Services are provided "as is," and success is not assured.
- **Lawful Methods Only**: All services utilize exclusively legal techniques (e.g., licensed blockchain tools, OSINT). Reclaimify prohibits and disclaims any involvement in unlawful activities.
- **Limitations of Liability**: Reclaimify shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from: (i) the original scam; (ii) unsuccessful recovery efforts; (iii) third-party actions (e.g., authorities, exchanges, or legal advisors); or (iv) use of our services. Liability is excluded except for gross negligence or willful misconduct (per BGB § 276), and in such cases, is capped at the total fees paid by the Client under this Agreement. This limitation applies to the fullest extent permitted by law.
- **Third Parties**: Reclaimify is not responsible for the actions, advice, or outcomes of external parties introduced through our services.
- **Force Majeure**: Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, cyber-attacks, regulatory changes).
## 6. Confidentiality and Data Protection
Both parties recognize the sensitive nature of scam recovery matters and agree to maintain strict confidentiality:
- **Reclaimify's Obligations**: We will protect all Client data, including personal information, case details, and communications, in accordance with GDPR and our [Privacy & Data Protection Policy](www.reclaimify.com/privacy) (incorporated herein by reference). Data will be encrypted, stored on secure EU-based servers, and accessed only by authorized personnel on a need-to-know basis. Confidential information will not be disclosed without the Client's explicit written consent, except as required by law (e.g., court orders, regulatory audits, or reporting to authorities like the FIU, Europol, or Interpol for scam investigations).
- **Client's Obligations**: The Client agrees not to disclose Reclaimify's proprietary methods, reports, or advice to third parties without our consent, except as necessary for legal proceedings.
- **Non-Disclosure Agreements (NDAs)**: Where appropriate (e.g., for high-sensitivity cases), additional NDAs may be executed to further protect information.
- **Breach Remedies**: In the event of a confidentiality breach, the non-breaching party may seek injunctive relief and damages, in addition to other remedies under law.
- **Data Processing**: Data is collected and processed solely for service delivery, compliance, and communication purposes, based on contractual necessity, consent, or legal obligations. We implement robust measures, including encryption, access controls, and regular audits, to protect data. The Client has GDPR rights to access, rectify, erase, restrict, object to, or port data. Requests should be directed to dpo@reclaimify.com, with responses within 30 days.
## 7. Governing Law and Dispute Resolution
- **Governing Law**: This Agreement is governed by the laws of the Federal Republic of Germany, excluding conflict of laws principles.
- **Jurisdiction**: Exclusive jurisdiction for disputes lies with the courts of Berlin, Germany, subject to mandatory consumer protection laws allowing jurisdiction in the Client's domicile (e.g., EU Regulation 1215/2012).
- **Dispute Resolution**: Parties will first attempt amicable resolution via email to support@reclaimify.com within 30 days of a dispute arising. If unresolved, mediation may be pursued before litigation, in line with EU consumer rights.
## 8. Contact Information
- **Reclaimify**: support@reclaimify.com, +49 30 12345678, Musterstraße 123, 10115 Berlin, Germany
For notices, use the above contacts. Notices are effective upon receipt.
## 9. Amendments
Reclaimify may amend this Agreement to reflect changes in laws, services, or operations. Amendments will be notified via email or website at least 30 days in advance. Continued use or non-cancellation constitutes acceptance. If amendments materially adversely affect the Client, cancellation without penalty is permitted during the notice period.
## 10. Entire Agreement
This Agreement, together with referenced documents (e.g., Privacy & Data Protection Policy, Code of Ethics), constitutes the entire understanding between the parties, superseding all prior agreements. No modifications are valid unless in writing and signed by both parties. If any provision is held invalid, the remainder remains enforceable.
*Reclaimify is committed to ethical, transparent support in your recovery efforts. No recovery is guaranteed.*