Legal

Terms of Service

Last updated: August 29, 2026

These Terms of Service ("Terms") form a binding agreement between you (the "Merchant", "you", or "your") and Dongguan Falaier Technology Co., Ltd. (东莞市法莱尔科技有限公司), a company incorporated in the People's Republic of China with its registered office at Room 402, Building 1, No. 7 Shenzhenzai Road, Tiesong Village, Qingxi Town, Dongguan, Guangdong, People's Republic of China ("Recovered", "we", "us", or "our"), governing your use of the Recovered application (the "App").

By installing or using the App, you agree to these Terms, including the Data Processing Terms set out in Annex A. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1. Description of Service

Recovered is an AI-assisted marketing and customer-recovery application for Shopify merchants. Depending on your subscription plan, the App may provide:

Features available on each plan are described on our pricing page and within the App. We may add, modify, or discontinue features. Where we discontinue a material feature of a paid plan, we will give you at least 30 days' notice.

2. Eligibility and Account

To use the App you must:

You are responsible for all activity that occurs under your account, including the activity of your staff and anyone you grant access to.

3. Billing and Subscriptions

The App is offered on free and paid subscription plans. Current plans, prices, quotas, and included features are set out on our pricing page at getrecovered.app and within the App. Those published details are incorporated into these Terms by reference.

Paid subscriptions are billed through Shopify's billing system. We do not receive or store your payment card details. Charges appear on your Shopify invoice and are subject to Shopify's billing and refund policies.

Quotas are measured in carts processed per billing month, as displayed in the App. A cart counts toward your quota when it is first processed by the App in that billing period. Quota usage resets at the start of each billing period and does not carry over.

You may cancel at any time from your Shopify admin. Cancellation takes effect at the end of the current billing period. We do not provide pro-rated refunds for partial periods except where required by law.

We may change prices on 30 days' notice to your registered contact address. Price changes take effect at your next renewal, and you may cancel before then if you do not accept them.

4. Acceptable Use

You agree not to use the App to:

We may monitor aggregate deliverability metrics (such as bounce, complaint, and unsubscribe rates) and may suspend sending for an account whose metrics threaten the integrity of our sending infrastructure. Where practical we will contact you first.

5. Your Compliance Responsibilities

You are solely responsible for ensuring that every message you send through the App complies with applicable law. This includes determining and documenting the legal basis for contacting each recipient, honouring opt-outs, and including any disclosures your jurisdiction requires.

We provide the tools; we do not determine who you contact or whether you are entitled to contact them. The App includes an unsubscribe mechanism, a physical address footer, and suppression list handling, but the use of these tools does not by itself make your sending lawful.

Requirements differ materially by the recipient's location. Marketing to individuals in the EEA, the UK, and Canada generally requires a stronger basis than in the United States. You are responsible for knowing which rules apply to your recipients.

We recommend consulting a qualified legal professional if you are unsure about your obligations. Nothing in the App or in these Terms constitutes legal advice.

6. Merchant-Provided Data

The App's Manual Cart and External Orders features allow you to enter personal information about individuals whose carts or orders did not originate on your Shopify store ("Merchant-Provided Data"). Because this data does not reach us through Shopify, we have no way to verify its source. The following terms apply to it.

6.1 Your warranties

By entering Merchant-Provided Data into the App, you represent and warrant, on each occasion, that:

  1. You obtained the information lawfully and directly through your own commercial relationship with the individual concerned, and not from any purchased, rented, scraped, harvested, or third-party list.
  2. You have a valid legal basis under all applicable laws to send that individual commercial messages of the kind you intend to send, and you can evidence that basis on request.
  3. You have provided that individual with any privacy notice required by law, including any notice required where their information was obtained indirectly (such as GDPR Article 14).
  4. The platform, marketplace, or sales channel on which the transaction or cart originated permits you to contact its customers outside that platform. You acknowledge that a number of marketplaces — including but not limited to AliExpress, Amazon, eBay, Etsy, and TikTok Shop — restrict or prohibit off-platform contact and the use of buyer contact details for marketing, and that breaching those rules may result in penalties imposed on you by that platform.
  5. The individual has not opted out of, objected to, or withdrawn consent for such messages.

6.2 Allocation of responsibility

You are the controller of Merchant-Provided Data. We process it solely as your processor, on your instruction, under Annex A. We do not review, verify, validate, or approve Merchant-Provided Data, and we accept no responsibility for its lawfulness or accuracy.

6.3 Manual entry only

Merchant-Provided Data may only be entered through the App's manual entry interface. Automated entry, bulk import, scripted submission, or any other method of introducing data at scale is prohibited unless and until we expressly make such a feature available and you comply with its accompanying conditions.

6.4 Enforcement

We may suspend access to these features, or to the App as a whole, where we have reasonable grounds to believe Merchant-Provided Data has been obtained or used in breach of this Section. Section 10 (Indemnity) applies in full to claims arising from Merchant-Provided Data.

7. AI-Generated Content

The App uses third-party AI services to generate message content. AI output can be inaccurate, inappropriate, or unexpected. We do not warrant the accuracy, quality, or suitability of AI-generated content.

You are responsible for the content of all messages sent from your account, whether you review them before sending or whether they are sent automatically according to settings you configured. Where the App sends messages automatically, you acknowledge that you have configured that behaviour, that you have the ability to preview representative output, adjust the AI persona and settings, and disable automated sending at any time, and that you accept responsibility for messages sent under that configuration.

You should periodically review the messages your account is sending. Tools for doing so are provided in the App.

8. Intellectual Property

The App, including its software, design, and documentation, is owned by us and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own business during your subscription.

You retain all rights in your store data, customer data, and content you provide. You grant us a limited licence to process that content solely as necessary to provide the App to you.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

9. Third-Party Services

The App depends on third-party services including Shopify, our email delivery provider, our AI provider, and our hosting provider. Their availability and behaviour are outside our control. We are not responsible for the acts, omissions, outages, or policy changes of third-party providers, or for any decision by Shopify to suspend or remove the App from its app store.

Optional integrations you choose to enable are subject to the terms of the relevant provider.

10. Indemnity

You agree to indemnify, defend, and hold harmless Recovered and its officers, employees, and agents from and against any claim, demand, proceeding, loss, liability, damage, penalty, fine, cost, or expense (including reasonable legal fees) arising out of or related to:

11. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, timely, secure, or error-free, that messages will be delivered to any particular inbox, or that you will achieve any particular revenue recovery, conversion, or deliverability result. Results vary with your store, products, customers, and sending practices.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the above exclusions apply only to the extent permitted.

12. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to the App, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the App shall not exceed the greater of (a) the total amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

The limitations in this Section allocate risk between us and are reflected in our pricing.

13. Suspension and Termination

13.1 By you

You may terminate at any time by uninstalling the App from your Shopify admin. On uninstallation we delete your store data as described in our Privacy Policy.

13.2 By us

We may suspend or terminate your access:

Where we suspend rather than terminate, we will tell you the reason and, where the breach is capable of remedy, give you a reasonable opportunity to remedy it.

If we terminate a paid subscription other than for your breach, we will refund the unused portion of any prepaid fees.

13.3 Effect of termination

On termination your licence ends, scheduled messages are cancelled, and your data is deleted in accordance with our Privacy Policy and Annex A. Sections 8, 10, 11, 12, 15, and 16 survive termination.

14. Changes to These Terms

We may update these Terms. Where a change is material, we will notify you by email to your registered contact address at least 30 days before it takes effect, and update the date at the top of this page. If you do not accept a material change, your remedy is to stop using the App and uninstall it before the change takes effect. Continued use after that date constitutes acceptance.

15. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them, including any question regarding their existence, validity, or termination, are governed by the laws of the People's Republic of China, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt in good faith to resolve any dispute through negotiation, within thirty (30) days of written notice of the dispute.

If the dispute is not resolved, it shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration in accordance with CIETAC's arbitration rules in force at the time of application. The seat of arbitration shall be Shenzhen, PRC. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The award shall be final and binding on both parties.

Nothing in this Section prevents either party from seeking injunctive or other interim relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

If you are a consumer resident in the EEA or the UK, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence, or of your right to bring proceedings in the courts of that country.

16. General

Entire agreement. These Terms, together with Annex A and our Privacy Policy, constitute the entire agreement between us regarding the App and supersede all prior understandings.

Severability. If any provision is held unenforceable, the remainder continues in full force and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.

Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.

Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Language. These Terms are made in English. Any translation is for convenience only; in the event of conflict, the English version prevails.

Annex A

Data Processing Terms

These Data Processing Terms ("DPT") form part of the Terms of Service and apply where we process personal data on your behalf in connection with the App. They take effect on your installation of the App and require no separate signature. Where you require a separately executed data processing agreement, contact [email protected].

A1. Definitions

"Data Protection Laws" means all laws relating to the protection of personal data applicable to the processing under these Terms, including the EU General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK GDPR and Data Protection Act 2018, the California Consumer Privacy Act as amended, Canada's PIPEDA, and the PRC Personal Information Protection Law.

"Controller", "Processor", "Data Subject", "Personal Data", "Processing", and "Personal Data Breach" have the meanings given in the GDPR. "Shopper Data" means Personal Data relating to your customers and prospective customers that we process through the App on your behalf, including Merchant-Provided Data.

A2. Roles of the Parties

In relation to Shopper Data, you are the Controller and we are the Processor. You are responsible for determining the purposes and means of processing, for establishing a lawful basis for that processing, and for the accuracy and lawfulness of the data you provide or instruct us to collect.

In relation to your own account and merchant information, we act as an independent Controller as described in our Privacy Policy.

Under US state privacy laws, we act as a "service provider" or "processor". We do not sell or share Shopper Data, and we do not retain, use, or disclose it outside the direct business relationship or for any purpose other than performing the services.

A3. Scope of Processing

Subject matterProvision of abandoned cart recovery, post-purchase messaging, and product recommendation services
DurationFor the term of your subscription, plus the retention periods set out in our Privacy Policy
Nature and purposeCollection, storage, generation of message content, transmission of messages, delivery tracking, suppression management, fraud and bot detection, and deletion
Categories of Data SubjectYour customers and prospective customers who abandoned a checkout, placed an order, or whose details you entered manually
Categories of Personal DataName, email address, phone number, country, cart and order contents, order value, checkout URL, message content, delivery and engagement events, opt-out status
Special categoriesNone. You must not enter special category data (Article 9 GDPR) into the App

A4. Our Obligations

We will:

  1. Process Shopper Data only on your documented instructions, which are given through your configuration and use of the App, and as otherwise required by law. If we are required by law to process for another purpose, we will tell you before doing so unless that law prohibits it.
  2. Tell you if, in our opinion, an instruction infringes Data Protection Laws.
  3. Ensure that personnel authorised to process Shopper Data are bound by confidentiality obligations.
  4. Implement appropriate technical and organisational security measures, as described in our Privacy Policy and summarised in A8.
  5. Not sell, share, or use Shopper Data for our own purposes, including our own marketing or the training of AI models.
  6. Assist you, taking into account the nature of the processing and the information available to us, in meeting your obligations under Articles 32 to 36 GDPR.

A5. Sub-processors

You give us general authorisation to engage sub-processors. Our current sub-processors are listed in our Privacy Policy.

We will give you at least 30 days' notice before adding or replacing a sub-processor that processes Shopper Data. You may object on reasonable data-protection grounds within that period. If we cannot resolve your objection, you may terminate your subscription and receive a refund of the unused portion of any prepaid fees.

We impose data protection obligations on each sub-processor no less protective than those in this Annex, and we remain liable to you for their performance.

A6. Data Subject Requests

Taking into account the nature of the processing, we will assist you by appropriate technical and organisational measures in fulfilling your obligations to respond to Data Subject requests. The App provides mechanisms for access, deletion, and opt-out, including Shopify's customers/data_request, customers/redact, and shop/redact webhooks.

If a Data Subject contacts us directly regarding Shopper Data, we will not respond substantively but will forward the request to you without undue delay, unless you have instructed us otherwise.

A7. Personal Data Breach

We will notify you without undue delay, and in any event within 48 hours, after becoming aware of a Personal Data Breach affecting Shopper Data. Our notification will describe the nature of the breach, the categories and approximate number of Data Subjects and records concerned, the likely consequences, and the measures taken or proposed. We will provide reasonable cooperation and information to enable you to meet your own notification obligations.

A8. Security Measures

We maintain measures including: encryption of data in transit (TLS); database access restricted to the application host and not exposed to the public internet; access controls and least-privilege access for personnel; verification of signed webhooks; credentials stored outside source control; and regular application of security patches. We review these measures periodically and may update them, provided the level of protection is not reduced.

A9. International Transfers

Shopper Data is stored on servers in Singapore and accessed by our personnel in the People's Republic of China, and is processed by sub-processors in the United States, Canada, and the United Kingdom.

Where we transfer Personal Data from the EEA or the UK to a country without an adequacy decision, the parties agree that the European Commission's Standard Contractual Clauses (Decision 2021/914), Module Two (controller to processor), are incorporated into these Terms by reference and apply to that transfer, with you as data exporter and us as data importer. For UK transfers, the UK International Data Transfer Addendum applies. The optional docking clause applies; the governing law and forum clauses of the SCCs take precedence over Section 15 of the Terms in respect of the SCCs themselves. Annexes I, II, and III of the SCCs are populated by Sections A3, A5, and A8 of this Annex.

A10. Audit

We will make available to you the information reasonably necessary to demonstrate compliance with this Annex. Where you require further assurance, we will respond to reasonable written security questionnaires no more than once per year. On-site audits may be conducted only where required by a supervisory authority, on reasonable notice, during business hours, subject to confidentiality, and at your cost.

A11. Deletion and Return

On uninstallation of the App, we delete all Shopper Data relating to your store, and in all cases no later than 48 hours after uninstallation. On written request made before deletion, we will provide an export of Shopper Data in a commonly used machine-readable format. We may retain data where required by law, in which case this Annex continues to apply to it.

A12. Precedence

In the event of conflict between this Annex and the body of the Terms, this Annex prevails in respect of the processing of Shopper Data. In the event of conflict between this Annex and the Standard Contractual Clauses, the Standard Contractual Clauses prevail.

Contact Us

Questions about these Terms or Annex A:

Dongguan Falaier Technology Co., Ltd. (东莞市法莱尔科技有限公司)
Registered office: Room 402, Building 1, No. 7 Shenzhenzai Road, Tiesong Village, Qingxi Town,
Dongguan, Guangdong, People's Republic of China
Correspondence address: 2/F, No. 6 Shixin Chuangye Street, Zhangmutou Town,
Dongguan, Guangdong, People's Republic of China

Legal and privacy: [email protected]
General: [email protected]
Website: getrecovered.app