Seagate Data Recovery Services Terms and Conditions

The following terms and conditions (“Terms”) govern your access, use, and receipt of Seagate data recovery services (“Services”) which are made available by Seagate Technology LLC, with offices at with offices at 47488 Kato Rd., Fremont, CA, 94538, USA, and its affiliated companies (“Seagate”, “we”, “us” or “our”). If you reside in Europe, the Middle East, or Africa (collectively “EMEA”) “Seagate” means Seagate Technology (Netherlands) B.V. with offices at Tupolevlaan 105, 1119 PA Schiphol-Rijk, The Netherlands. If you reside in Asia, “Seagate” means Seagate Singapore International Headquarters Pte. Ltd. with offices at 90 Woodlands, Avenue 7, Singapore 737911, Singapore. Following receipt of a data recovery case request under these terms, Seagate will designate the applicable Seagate company and representatives to perform the Services. By creating an account or accessing or using the Services, you represent that you are of legal age and capable of forming a binding contract with Seagate. If you are accepting these Terms on behalf of a company or other entity, then you represent that you are an agent of that company or entity, authorised to agree to these Terms on behalf of that company or entity, and in that case, “you” refers to your company or entity. Seagate reserves the right to make changes to these Terms at any time.

Use of this Site and Your Account:

By using the Seagate website, you are subject to and agree to be bound by the privacy policy located at https://www.seagate.com/legal-privacy/privacy-policy/ which includes coverage for Seagate Data Recovery Services at https://www.seagate.com/legal/privacy/srs/ (collectively, the “Privacy Policy”) and the terms of use of the Seagate website at https://www.seagate.com/legal-privacy/terms-and-conditions/ (“Terms of Use”) each of which are hereby incorporated by reference. 

Service Efforts and Process:

If you are in need of Services, you can submit a Services request by contacting Seagate customer support (see https://www.seagate.com/contacts/), providing Seagate accurate information about you, your device, and project specific details, and subject to eligibility restrictions sending us your device as instructed by Seagate customer support. Here is how the process works:

1. Submit Your Device for Evaluation: Evaluation Effort:  Upon Seagate receipt of your request, and subject to evaluation and approval of eligibility requirements (that is, if the Seagate Data Recovery Services feature is included with the purchase of specific devices, or other available Seagate programs, where applicable), you may submit your data storage device or media to us as instructed by Seagate customer support, and we will use reasonable efforts to determine whether any data on your data storage device or media is recoverable using our existing technology and processes (which has limitations - not all lost data can be recovered).


2. Customer Information Accuracy: It is your responsibility to ensure that all information provided in the data recovery submission form is complete and accurate, including contact details and the shipping address. Inaccurate or incomplete information may result in Seagate rejecting the service request, returning the product without service, or delaying the recovery process while Seagate attempts to obtain the correct information. If the shipping address is incorrect, Seagate will either return the device to the submitted address as-is or hold the device for a limited time (as described below) while awaiting a corrected address. If you request a change to the shipping address after the case has been submitted and the device has been received by Seagate, you may be required to submit a new data recovery submission form to preserve data privacy and ownership integrity. 


3. Authorisation and Lab Assignment: If you are confirmed by Seagate as eligible, you will be provided instructions for submitting your data storage device or media to us along with your information, and upon receipt of your device (per our instructions) we will apply our existing technology and standard processes and use reasonable efforts to recover your data, one-time only per storage device. By submitting your device and information, you authorise Seagate to apply recovery efforts to your device.
   
   You understand and agree that your device, media, and stored data may be sent to any one of Seagate’s global recovery labs, and that the initially designated lab may not be the final location where the recovery is performed. Seagate reserves the right, at its sole discretion, to transfer the case to another lab during the process for operational, technical or logistical reasons. When applicable, you will be the importer of record and will be solely responsible for any import fees, taxes, and other associated costs.


4. Product Validation and Acceptance Policy: Seagate reserves the right to inspect and verify the authenticity, condition, and eligibility of any product submitted for data recovery. Seagate will not accept devices that are counterfeit, were previously lost due to theft, modified without authorisation from Seagate, or are products for which warranty coverage has expired or never existed. Devices that have been previously opened, tampered with, or serviced by third parties — including any non-Seagate data recovery providers — are not eligible for Seagate’s data recovery services. You acknowledge that such prior handling may compromise the integrity of the device or data, and may render recovery impossible. Seagate may, at its sole discretion, return or retain for a limited period prior to disposal (as described in paragraph 10 (Return and Disposal of Original Media) such products without performing any service.


5. RAID Data Recovery Requirements: For RAID data recovery services, Seagate requires the customer to submit all drives that were part of the original RAID array. Due to the complexity, size, and interdependence of RAID configurations, the recovery process will require additional time. Failure to provide all associated drives may delay the recovery process or result in an unsuccessful recovery. Seagate will only attempt data recovery from Seagate drives. Non-Seagate drives will not be serviced individually, but they may be required for proper evaluation of the RAID configuration. If Seagate determines that one or more non-Seagate drives caused the RAID failure, data recovery may not be possible.


6. Encrypted or Password-Protected Devices: If your device is encrypted or password-protected, you must provide valid decryption credentials or the correct password before or during the recovery process. Without the appropriate credentials, Seagate will not be able to perform any data recovery. If valid credentials are not provided, the device will be returned or disposed of in accordance with paragraph 10 (Return and Disposal of Original Media) below.


7. Successful Recovery Effort: If we are able to successfully recover data, we will notify you using the contact information you have provided to us. Please note that you are solely responsible for any applicable duties, levies, tariffs, customs fees, taxes, and clearance costs, and your failure to pay such costs may prevent you from receiving any data storage devices (including stored data) shipped by Seagate.


8. Recovered Data: If applicable, we will return your recovered data to you on an external drive. 


9. Unsuccessful Recovery Effort: If we are unable to recover any data, we will inform you accordingly.


10. Return and Disposal of Original Media: If you request the return of your original data storage device in the case submission form, Seagate will attempt to return it to the shipping address you provide. For external hard drives or solid-state drives, please note that the media casings are removed and discarded during the recovery process; only the internal HDD(s) or SSD(s), as applicable, will be returned. Additional shipping costs may apply.
    
    If delivery fails, or if no return is requested, any device, media, or data remaining with Seagate 60 days or more after delivery to Seagate’s recovery lab will be deemed abandoned and may be securely disposed of at Seagate’s discretion. You release Seagate from any and all liability related to the device, media and data.


11. Return Shipping: Seagate will ship the external storage device containing your recovered data and, if applicable, your original internal HDD(s) or SSD(s) (if requested), to the shipping address you provide, in accordance with Incoterms 2020 CPT, unless otherwise stated by Seagate after reviewing your data recovery request. These items may be shipped separately, depending on logistical or operational considerations.

Service Limitations:

We cannot and do not promise any particular results. We will provide reasonable efforts and the application of our existing technology and standard processes. Our services may not support proprietary, custom, or otherwise unsupported file systems, and recovery from such volumes may not be possible. We do not guarantee that any data will be recovered. You acknowledge that our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. You agree to back up the data on your device (to the extent not already backed up) before submitting it to us. You agree that Seagate will have no liability whatsoever resulting from damage to the original device or data in the performance of the Services. 

Authorisation:

You are authorising Seagate and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.

Communications:

All communications relating to your request will be sent to the e-mail address you provide to us. 

Legal Rights:

You represent to Seagate that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorised representative of the legal owner of the device, media and data. You warrant that the data on your device is legal and that you have the unrestricted legal right to: (a) send us the device, media, and data; (b) have the data recovered using the Services; (c) receive the recovered data; and (d) agree to these Terms. You further warrant that (i) the data stored on the device is not subject to any export control law or requirement that prohibits or prevents the transfer of the data from you to Seagate, or subject to any restrictions or controls imposed under a military or defence security program (for example, without limiting the forgoing, the U.S. International Traffic in Arms Regulations); and (ii) possession or access of the data does not require Seagate to obtain or hold any special or specific security clearance issued by any government, including its agencies or departments (for example, without limiting the forgoing, security clearances issued under the United States National Industrial Security Program). You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, your rights or lack of rights thereto, and your breach of the representations and warranties in these Terms. 

Confidentiality:

We will use reasonable efforts to protect the confidentiality of your data against unauthorised disclosure using the same degree of care as we use to protect our own confidential information. You agree to protect any Seagate confidential information received in connection with the Services (such as, pricing, technical, or other business information) as set forth in the Terms of Use.  

Your Data:

“Your Data” is all data that you (or your affiliates, agents or authorised users) provide to Seagate through or in connection with the Services, including text, software, sound, video, images and Personal Data. The storage, processing, and transmission of Your Data is an essential feature of the Services. You consent to Seagate and its contractors, and affiliates, collecting, storing, processing, and transmitting Your Data to perform the Services.

Personal Data: 

We agree to treat your Personal Data according to the Privacy Policy referenced above.

When you contact us to request the Services, you must provide true, accurate and complete information about yourself as prompted by Seagate support or the Service request form, including, without limitation, your name, address, e-mail address, telephone number, as applicable (collectively, “Personal Data”). You must maintain and update your Personal Data promptly. You acknowledge that we may send you important information and notices regarding your requests by e-mail and that we shall have no liability associated with or arising from your failure to maintain accurate Personal Data.

When you submit your data storage device to us to carry out the Services, you acknowledge that such device may contain Personal Data which Seagate may have access to while performing the Services. Seagate will endeavour to protect and keep confidential such Personal Data while performing the Services.

As a global company, we may elect to service your device in any of our global recovery labs. To the extent Seagate needs to send your device to one of our recovery labs in another country, Seagate may transfer any Personal Data which may be stored on your device. To the extent it is required to do so under applicable privacy law, Seagate will protect such transfers of Personal Data by using internal contractual arrangements, and to the extent required to do so, implement appropriate safeguards to ensure that any Personal Data contained on your device continues to be protected.

If we are unable to recover Your Data (including Personal Data), then your device and any Personal Data contained therein will be disposed of in accordance with paragraph 

10 (Return and Disposal of Original Media) above, and in accordance with our secure media disposal policy. Seagate may engage third party service providers to dispose of your unrecoverable device using applicable industry standards and reasonable security measures in accordance with Seagate requirements.

 Security:

Seagate has adopted a written security policy that includes administrative, technical, and physical safeguards that are intended to protect Your Data from unauthorised access and use, and will use reasonable measures to protect the security, integrity, and availability of the Services; however, any connection to the Internet or shipping the device through third parties provides the opportunity for unauthorised third parties to circumvent any precautions and gain access to Your Data. Seagate cannot and does not guarantee the privacy, security, or authenticity of any information transmitted over or stored on the Services. Unless authorised by Seagate, you shall encrypt any of Your Data that is subject to specific legal requirements or safeguards regarding security or privacy before transferring it to or using it with the Services.

Disclaimer of Warranties, Representations and Guarantees:

We perform this Service “as is” with all faults, at your sole risk. We do not extend any express warranties, representations, conditions or guarantees regarding our services or their results, and to the maximum extent permitted by applicable law and subject to any statutory warranties that cannot be excluded, we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness.

Seagate’s data recovery services do not include malware detection, removal or remediation. This includes, but is not limited to, viruses, worms, trojans, ransomware, spyware, adware, rootkits, keyloggers or botnets. If the submitted media contains malware, any recovered data will also retain such malware. It is your responsibility to scan and remediate any recovered data using appropriate security tools prior to use.

LIMITATION OF LIABILITY:

We will not be liable for any harm caused, unless you prove that we caused damages intentionally. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. You agree that the Services are provided on a commercially reasonable efforts basis using available technology at Seagate professional discretion, and Seagate will not be responsible for costs incurred for third party data recovery efforts.  To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless of the legal theory on which they are asserted (including, without limitation, contract, breach of contract or tort), and regardless of whether we have been advised of the possibility of loss or damages - unless you prove that Seagate caused damages to you intentionally.

Liability Cap:

To the maximum extent permitted by applicable law, the amount of our liability in connection with our performance of the Service will not exceed the  documented price originally paid  for the Seagate device, minus the value of any replacement, credit, or other remedy already provided in connection with the device. The essential purpose of this limitation is to limit our liability for performing the Services. This paragraph will apply notwithstanding any other provisions in these Terms, or the failure of any remedy.

Exclusive Remedy:

Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data. You acknowledge that the cost of the Services would be much greater if we undertook more extensive liability.

Exclusions:

Some laws and countries do not allow the exclusion of implied warranties, or disclaimers or limitations of liability for incidental or consequential damages or wilful misconduct or gross negligence; the limitations of liability and disclaimers in these Terms will apply only to the extent permitted by applicable law.

Taxes:

We will withhold all taxes where we are required to do so by law. You will be responsible for all other applicable taxes not collected by us.

Compliance with Laws:

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site, including without limitation this site’s membership, purchase or return features. Seagate may, at Seagate’s sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If Seagate becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the terms and conditions of the site, Seagate may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation Seagate may suspend Services to you if you are implicated and/or remove any material from Seagate’s servers. You agree to co-operate fully with any such investigation. You acknowledge that violations of these Terms or the terms and conditions of the site could be subject to criminal or civil penalties. You may not assign your rights or obligations under these Terms without Seagate’s express written consent.

International Trade Compliance:

The goods licensed or sold, or services provided, through this site, which may include technology and software, may be subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Under U.S. law, such goods or services may not be transferred to: (a) destinations subject to comprehensive embargoes (including the Crimea and other occupied territories of Ukraine, Russia, Cuba, Iran, North Korea and Syria), (b) restricted end-users (as identified on U.S. Consolidated Screening List available at https://www.trade.gov/consolidated-screening-list) or (c) restricted end-uses (as identified in 15 CFR Part 744). You acknowledge you are not located in an embargoed destination, and not a restricted end-user or involved in any of the restricted end-uses, and that you will comply with and abide by these laws and regulations. Seagate reserves the right to refuse service to or the return of any storage devices that have been determined to violate these regulations.

Geographic Service Limitation:

The Services are not available in all countries.  Seagate is unable to provide the Services to customers in the following countries: restricted or embargoed countries stated in the Embargoed Countries Notice at https://www.seagate.com/support/warranty-and-replacements/embargo-country-notice/, and additional countries that Seagate may specify from time to time. You may request additional information from the Seagate representative assisting with your submission. 

 Dispute Resolution:

The parties will attempt to resolve any dispute related to the Services through good faith negotiation. If the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the arbitration facility identified below for the applicable territory; facilities are listed in order of descending precedence should any dispute involve more than one territory: (a) American Arbitration Association (www.adr.org) facility in San Jose, California, for disputes arising out of the Americas; (b) International Chamber of Commerce in Amsterdam, the Netherlands for disputes arising out of EMEA; and (c) Singapore International Arbitration Centre in Singapore for disputes arising out of APAC. Each party will bear their own costs in arbitration. The arbitration will be administered pursuant to the arbitrator’s commercial arbitration rules (except where applicable mandatory law dictates that consumer arbitration rules shall apply) as modified by these arbitration provisions. If there is a conflict between the arbitrator’s rules and the arbitration provisions in these Terms, the conflicting term in these Terms will control. Both parties waive their rights to a jury trial and to collective relief. All proceedings will take place in the venue set forth in the table below. The governing laws set forth in the table below will exclusively govern our provision of the Services, without regard to conflicts of laws rules. You consent to the exclusive jurisdiction of the venue set forth in the table below.

Severability:

If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Legal Effect:

These terms and conditions describe certain legal rights. Licensee may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if such laws do not permit these terms and conditions to do so.

Revised 09 Sep 2025