Terms of Use

Acceptance and authority

These Terms of Use (“Terms”) are an agreement between you and Recupera Record Retrieval Services LLC (“Recupera,” “we,” “us,” or “our”). By accessing or using recuperars.com, the Recupera client portal, or related online services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.

If you use the Services for an organization, you represent that you are authorized to act for that organization. Portal access is available only to individuals authorized by Recupera and the applicable client. You may use the Services only within the scope of that authorization.

Accounts, passwords, MFA, and SSO

You are responsible for activity performed through your account and for maintaining the confidentiality of your credentials. You must provide accurate account information, keep it current, and promptly notify Recupera and your organization’s administrator of suspected unauthorized access or a security incident involving your account.

When password, multi-factor authentication (MFA), or single sign-on (SSO) controls are enabled for your account, you must follow the applicable enrollment, authentication, and security requirements. You are responsible for protecting authentication devices, recovery codes, security keys, and other access factors.

Permitted use

You may use the Services solely for legitimate business purposes connected to your organization’s relationship with Recupera and in accordance with applicable law, your organization’s policies, these Terms, and any applicable client agreement.

Authorized portal users may access only the matters, requests, communications, information, and documents made available to their accounts. You must respect all access restrictions and use sensitive information only for the authorized purpose.

Prohibited use

You may not, directly or through another person:

• access or attempt to access an account, matter, system, or information for which you are not authorized;
• share credentials, impersonate another person, misrepresent your authority, or circumvent an access control;
• upload malware, harmful code, or content intended to disrupt, damage, monitor, or gain unauthorized access to the Services;
• probe, scan, test, or exploit a vulnerability without Recupera’s prior written authorization;
• interfere with the operation, integrity, or security of the Services or another user’s access;
• use automated means to scrape, copy, extract, or index content except as expressly authorized in writing;
• reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent applicable law prohibits this restriction;
• use the Services to violate law, third-party rights, confidentiality duties, court orders, or contractual restrictions; or
• use information obtained through the Services for advertising, solicitation, data brokerage, or an unrelated purpose.

PHI and confidential information

The Services may make Protected Health Information (PHI), personally identifiable information, records, communications, and other confidential information available to authorized users. You must handle that information in accordance with applicable law, court orders, professional obligations, your organization’s policies, and applicable client agreements, including any BAA.

You must use reasonable safeguards, access sensitive information only when needed for an authorized purpose, avoid downloading or storing it in unapproved locations, and prevent access by unauthorized persons. Do not submit PHI or other sensitive information through public website forms, general email, or other channels not approved by Recupera for that purpose.

If you receive information that appears to have been provided to you in error, do not use, copy, or disclose it. Promptly notify Recupera and follow instructions for secure return or deletion.

Information and documents you submit

You are responsible for the accuracy, completeness, lawfulness, and appropriateness of information, instructions, and documents you submit through the Services. You represent that you have the authority and all necessary rights, permissions, and consents to provide them to Recupera for the requested services.

You retain ownership of your submissions. You grant Recupera and its authorized service providers the rights reasonably necessary to receive, host, process, transmit, reproduce, and otherwise use those submissions to provide, secure, support, and administer the Services and comply with applicable law and agreements.

Suspension and termination of access

Recupera may suspend, restrict, or terminate access when reasonably necessary to protect the Services or information; investigate suspected misuse; address a legal, security, or operational risk; comply with law or a client instruction; respond to nonpayment or an ended client relationship; or enforce these Terms or an applicable agreement.

Your access may also end when your role, employment, or authorization changes. Upon suspension or termination, you must stop using the Services and, when required, securely return or delete information obtained through them. Provisions that by their nature should survive will remain in effect.

Intellectual-property ownership

Recupera and its licensors own the Services and their software, interfaces, designs, text, graphics, logos, workflows, compilations, and other content, excluding client submissions and third-party materials. These Terms give you a limited, nonexclusive, nontransferable, revocable right to use the Services as authorized; they do not transfer ownership or grant any other license.

Recupera’s names, logos, and marks may not be used without prior written permission. Any feedback you voluntarily provide may be used by Recupera without restriction or obligation, provided that Recupera will continue to handle confidential information under applicable agreements.

Service availability and changes

Recupera may maintain, update, modify, replace, suspend, or discontinue features or portions of the Services. Access may be interrupted by maintenance, technical issues, third-party systems, emergencies, security events, or circumstances outside Recupera’s reasonable control.

We may change these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. If a change materially affects portal users, Recupera may provide additional notice through the Services or another reasonable channel.

Third-party services and links

The Services may rely on or link to third-party websites, identity providers, payment services, or other systems. Their terms and privacy practices govern your use of their services. Recupera is not responsible for third-party services that it does not control, except as stated in an applicable client agreement.

Warranty disclaimers

To the fullest extent permitted by law, and except for any express commitments in an applicable executed client agreement, the Services are provided “as is” and “as available.” Recupera disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and noninfringement.

Recupera does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that information supplied by clients, custodians, users, or other third parties will be accurate or complete. Nothing in the Services constitutes legal, medical, or other professional advice.

Limitation of liability

To the fullest extent permitted by law, and except as otherwise provided in an applicable executed client agreement, Recupera and its affiliates, officers, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities, arising from or related to the Services or these Terms, even if advised of the possibility of those damages.

To the fullest extent permitted by law, Recupera’s aggregate liability arising from or related to a user’s access to the public website or Services under these Terms will not exceed the greater of one hundred U.S. dollars (US $100) or the amount the user personally paid Recupera for the Services during the twelve months before the event giving rise to the claim. This limitation does not override liability terms in an applicable executed client agreement or liability that cannot lawfully be limited.

Governing law and disputes

Unless an applicable executed client agreement states otherwise, these Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Before filing a claim, you and Recupera agree to make a good-faith effort to resolve the dispute informally by providing written notice describing the dispute and requested resolution.

If the dispute is not resolved informally, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect confidential information, security, or intellectual-property rights.

Client agreements control

These Terms supplement, and do not replace, any executed MSA, SOW, BAA, order form, or other agreement between Recupera and a client. If an executed agreement conflicts with these Terms, the executed agreement controls to the extent of the conflict. Nothing in these Terms expands Recupera’s rights to use or disclose PHI or other confidential information beyond what an applicable agreement and law permit.

Contact

Questions about these Terms may be directed to: