Terms of Service

1. Acceptance of Terms

By creating an account and availing the services provided by Regainables, which is owned and operated by External tables, UAB, legal entity code 306133099 (Regainables or us or we), you (the Client or the Customer or you) expressly acknowledge and agree to be legally bound by the terms and conditions set forth in these Terms of Service. Prior to proceeding, we strongly advise a comprehensive review of these Terms of Service. Should you disagree with any of these Terms of Service, kindly refrain from creating an account.

1.1. Affirmation of Authority

By subscribing to the services provided by Regainables, you, as a customer or a duly authorized representative of a subscribing entity, hereby affirm that you possess the full authority necessary to accept, agree, and bind yourself or your employer to the terms and conditions outlined herein.

1.2. Obligations and Legal Standing

In the case of representation on behalf of an entity, you further affirm that you are legally entitled to act on behalf of said entity and that your acceptance of these terms does not contravene any applicable laws or regulations. If you are subscribing as an individual, you affirm that you are of legal age and possess the legal capacity to enter into a contractual agreement with Regainables.

1.3. Liability Exemption

Regainables shall not be held liable for any consequences arising from the lack of proper authority, legal capacity, or compliance with applicable laws on the part of the subscribing Customer or their representative.

1.4. Legal Consequences

In the event that the subscribing Customer or their representative lacks the requisite authority or legal capacity, they assume full responsibility for any legal consequences that may ensue.

2. Account Creation and Service Provision

2.1. Mandatory Account Creation

The utilization of our comprehensive suite of services necessitates the creation of an account, and by accessing our services, you are bound by the compulsory acceptance of the ensuing terms outlined herein.

2.2. Additional Information for Service Provision

The facilitation of our services requires the submission of additional information beyond basic account creation. This includes, but is not limited to, essential payment details and particulars requisite for the invoicing process.

2.3. Confidentiality and Data Security

In the process of account creation and utilization, we prioritize the utmost confidentiality and security of your information. It is imperative to understand that maintaining the confidentiality of your data is a fundamental commitment.

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Our commitment to data security involves the implementation of stringent measures to safeguard your information during account creation and utilization. We employ industry-recognized security protocols to mitigate potential risks.

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Despite our diligent efforts, it is important to note that no system, including ours, can offer absolute security in the face of evolving technological challenges. Clients are advised to remain vigilant and promptly report any suspicious activities.

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Clients are entrusted with the responsibility of actively participating in the safeguarding of their confidential information. This includes exercising caution in sharing account details and promptly reporting any potential breaches.

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Clients are encouraged to promptly report any suspicious activities, unauthorized access, or potential breaches observed during the utilization of our services. Timely reporting contributes to the maintenance of a secure environment.

2.4. Unauthorized Access Disclaimer

We expressly disclaim any liability for unauthorized access to your account resulting from actions outside our control, including but not limited to, unauthorized sharing of login credentials or security breaches occurring external to our systems.

3. Scope of Services

3.1. Data Analysis

Regainables commits to meticulously analyze the provided data with the primary objective of identifying instances of profit loss and depletion of inventory. Emphasis is placed on the comprehensive examination of data to derive actionable insights.

3.2. Filing Cases with Amazon

In furtherance of the aforementioned goals, Regainables shall initiate the filing of cases on behalf of the Client directly with Amazon or its respective governing body. These cases are intended to facilitate the recovery of lost goods or, in alternative circumstances, to secure monetary compensation for the Client.

3.3. Client Information Prerequisite

Regainables acknowledges that the effective provision of the aforementioned services is contingent upon the Client furnishing all necessary information promptly and accurately. To ensure the optimal delivery of services, the Client is obligated to provide comprehensive and precise details required for the analysis and case filing procedures.

3.4. Data Analysis Limitations

While Regainables endeavors to conduct a thorough data analysis, it is imperative to note that certain limitations may exist. Factors such as data accuracy, completeness, and the inherent complexity of certain cases may impact the precision of the analysis.

3.5. No Guaranteed Outcomes

Regainables does not provide guarantees or assurances regarding the success of recovering lost goods or obtaining monetary compensation. The outcome of the recovery actions is subject to the unique circumstances of each case, and results may vary.

4. Fees and Compensation Structure

4.1. Definition of Fees

The term "Fees" within the context of these Terms of Service refers to the monetary compensation payable by the Customer to Regainables. This compensation is calculated at a rate of fifteen percent (15%) of all reimbursements, payments, and credits secured for the Customer through the efforts of Regainables and/or its services related to successful cases filed on Amazon Seller Central.

4.2. Fee Payment and Periodicity

Regainables mandates the payment of Fees through a designated payment processing system at periodic intervals. In the event of a failure in automatic payment processing, Regainables reserves the right to demand immediate payment for the outstanding Fees and any fees associated with failed or returned payments. During such instances, Regainables may temporarily disable the Customer's access to Regainables platform until full payment is received.

4.3. Fee Modifications

Regainables, at its sole discretion, retains the right to modify its Fees. Notification of any such modifications will be communicated to the Customer through electronic means, such as email. While the Client retains the option to cancel Regainables' services at any time, it is imperative to acknowledge that the Client remains obligated to compensate and remit the Fee due to Regainables until the services are officially terminated. 

4.4. No Refunds

Payments are nonrefundable, and no refunds or credits are issued.

5. Changes to the Terms

5.1. Right to Modify

Regainables retains the unequivocal right to modify, amend, or revise these terms, subscription plans, or pricing structures at its sole discretion and without prior notice. Any alterations shall become effective immediately upon notification to clients through appropriate channels.

5.2. Notification Method

Clients will be duly notified of any changes through prominent communication channels, including but not limited to email correspondence, notifications within the user interface, or other means deemed suitable by Regainables. 

5.3. Continuation as Acceptance

By continuing to use Regainables' services subsequent to the implementation of changes, clients implicitly acknowledge, accept, and agree to abide by the revised terms, subscription plans, or pricing structures. Non-compliance or disagreement with the modifications necessitates immediate discontinuation of service usage.

5.4. No Obligation for Individual Notifications

Regainables is not obligated to provide individualized notifications to each client. Notification through general channels is deemed sufficient for communicating changes to the broader user base.

5.5. Review of Changes

Clients are strongly encouraged to thoroughly review any modifications to the terms, subscription plans, or pricing structures. It is imperative to understand the implications and impact on the existing contractual relationship with Regainables.

5.6. Client's Right to Terminate

In the event that a client disagrees with the modified terms, subscription plans, or pricing, they reserve the right to terminate their subscription and cease utilizing Regainables' services. Such termination shall be effective immediately upon notice.

5.7. Absence of Liability

Regainables shall not be held liable for any losses, damages, or inconveniences incurred by clients arising from changes to the terms, subscription plans, or pricing. Clients expressly acknowledge that it is their responsibility to stay informed about any modifications and act accordingly.

5.8. Regulatory Compliance

Regainables commits to ensuring that any changes to the terms, subscription plans, or pricing comply with applicable laws and regulations. However, clients are advised to verify the legal compliance of the modifications in accordance with their jurisdiction.

6. Disclaimer of Warranties

6.1. General Disclaimer

Regainables explicitly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The services provided by Regainables are offered on an "as is" and "as available" basis, and the Client's use of the services is at their own risk.

6.2. No Guarantees or Assurances

Regainables makes no guarantees or assurances regarding the effectiveness, success, or specific outcomes resulting from the use of its services. Individual outcomes may vary based on unique circumstances.

6.3. No Warranty of Compliance

Regainables does not warrant that the services comply with specific laws, regulations, or industry standards applicable to clients' jurisdictions. It is the responsibility of clients to ensure the services align with their legal and regulatory requirements.

7. Limitation of Liability

7.1. Monetary Liability Cap

Regainables' aggregate monetary liability is expressly capped at the total payments made by the Customer within the three months preceding the event giving rise to liability. This financial limitation is applicable under normal circumstances and excludes liability arising from gross negligence or willful misconduct.

8. Indemnification

8.1. Customer's Indemnity Obligation

Customers unconditionally agree to indemnify and hold Regainables harmless from any and all demands, loss, liability, claims, or expenses that may arise as a direct result of their use of Regainables' services. This indemnification obligation encompasses any third-party claims and is integral to maintaining the integrity of our services and protecting both parties involved.

9. Miscellaneous

9.1 Privacy Statement

Clients’ information is handled in strict accordance with Regainables' Privacy Statement, which is accessible at https://regainables.com. By engaging with our services and accepting the Terms of Service, Clients implicitly agree to the terms outlined in the Privacy Statement.

9.2. Intellectual Property

Regainables asserts ownership of and protection for its intellectual property, which encompasses website content, features, and trademarks. All applicable laws safeguard this intellectual property. Clients are explicitly prohibited from copying, modifying, or republishing any intellectual property owned by Regainables without obtaining prior written permission.

9.3. Notice of Infringement

In cases of alleged intellectual property infringement, Clients are required to furnish Regainables with a written notice containing specific details, as stipulated in this agreement. This ensures a systematic and judicious handling of infringement claims.

9.4. Governing Law

These Terms of Service, along with the use of Regainables' services, and/or website, are governed by the laws of the Republic of Lithuania, irrespective of its conflict of laws principles. Users are expected to comply with the legal framework established by the Republic of Lithuania.

9.5. Jurisdiction

All disputes shall be exclusively adjudicated in the courts of the Republic of Lithuania. Clients consent to the personal jurisdiction of the courts within the Republic of Lithuania for the resolution of any disputes arising under or in connection with these Terms of Service.

9.6. Termination of Services

(i) Client's Right to Terminate Services: The Client retains the right to terminate services at any time. However, the Client is obligated to compensate Regainables for the services rendered up to the point of termination.

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(ii) Regainables' Right to Terminate Services: Regainables reserves the right to terminate services if the Client engages in negligent actions or fails to fulfill their financial obligations, including, but not limited to the payment of Fees. Termination by Regainables will be in accordance with the terms specified in these Terms of Service.

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