Terms of Service

1. Definitions

1.1 Terms refers to the latest version of these terms of service document

1.2 We/US/Site/Platform/App refers to the Fax App website or mobile phone applications

1.3 User/You refers to any person downloading visiting using or in any other way interacting with the platform/site/app or its respectful materials regardless of the activities taken

1.4 Privacy policy refers to privacy policy document governing the rules of collecting using and storing information provided by the user this document is available on the site

1.5 Outside sources refers to any application website natural or legal entity other than Fax app

1.6 Materials refers to all images, text, audio, and video data or any other information located on the app and the site. Materials also refer to images, text, audio, and video data or any other information located on any other place provided that there is information that said material originated from the app or the site

1.7 Services refers to all services offered through the usage of the platform the app or the site including but not limited to sending and receiving faxes and obtaining fax phone numbers

2. General Provisions

2.1 These terms govern the use of the app the site the platform and materials

2.2 Terms apply to all users regardless of the capacity way purpose or instruments used in accessing the app the site or materials

2.3 By accessing the app or the site you confirm that you have read understood and agreed to be bound by these terms privacy policy applicable laws and other applicable internet policies. If you do not agree with any part or all of the terms you are forbidden to use the app the site and the platform

2.4 If you do not comply with the terms we reserve the right to cancel or terminate your access to the app the site or any part thereof or your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the app and the site and services to any user without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny services to anyone at any time

2.5 The terms together with privacy policy represent a legally binding agreement between you and us

3. Consent

3.1 By accessing the site you confirm that you are at least 18 years of age or at least of the age of legal consent in your jurisdiction if you are younger than 18 you are able to access our services provided that you have a guardian present we may request proper and satisfactory proof of evidence to verify your age identity and capacity of your guardian

3.2 By using our services or by providing your information for other purposes you confirm that you (i) have full legal capacity to enter into a binding relation (ii) that you will provide true accurate and complete information where requested and information which is otherwise compatible with these terms (iii) that you have available funds necessary for the requested service (iv) that you will not use services contrary to these terms or applicable laws

4. Changing Our Terms

4.1 We reserve the right to update and change the terms periodically without notifying the users the current version of the terms is available on the site indicating the effective date users are encouraged to periodically review terms in order to stay informed on any changes

4.2 Users are bound by any changes to the terms regardless of their knowledge about them provided that changes were published and available for review

5. Licence Ownership and Rule of Conduct

5.1 Subject to your compliance with these terms we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download, and use the app and to use the site. Except as expressly permitted in these terms you may not: copy, modify or create derivative works based on the app and the site; distribute, transfer, sublicense, lease, lend or rent the app or the site to any third party; reverse engineer, decompile or disassemble the app or the site or make the functionality of the app or the site available to multiple users through any means

5.2 All content on the app and the site including but not limited to text images video information applications software music sound and other files are the property of Fax App. Materials on the app and the site are available for fair use to user. The user must reference the site its respectful owners and authors of the materials where available if they are using materials for non-commercial use. The user must obtain our written permission for usage of materials for commercial purposes

5.3 Users are forbidden to misuse services a misuse constitutes any usage access or interference with the app or the site or service contrary to terms privacy policy and applicable laws and regulations. We may suspend or stop providing a user with the service should we find or suspect that services are being misused. If any part of our services is in violation of any laws in your country of residence you agree not to use or access such services

5.4 Any unauthorized use of the service is expressly prohibited. You agree to abide by all applicable local state national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password including the content of your transmissions through the service. By way of example and not as a limitation you agree not to (i) use the service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited faxes (commercial or otherwise) including, without limitation, unsolicited faxes as set forth under the Privacy and Electronic Communications Regulations (ii) harvest or otherwise collect information about others including email addresses or fax numbers without their consent (iii) create a false identity or forged email or otherwise attempt to mislead others as to the identity of the sender or the origin of the message (iv) transmit through the service, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature (v) transmit any material that may infringe the intellectual property rights or other rights of third parties including trademark, copyright or right of publicity (vi) libel defame or slander any person or infringe upon any persons privacy rights (vii) transmit any material that contains, viruses, trojan horses, worms, time bombs, cancel bots or any other harmful or deleterious programs (viii) violate any local law regarding the transmission of technical data or software exported from your country through the service (ix) interfere with or disrupt networks connected to the service or violate the regulations policies or procedures of such networks (x) attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service through password mining or any other means (xi) interfere with another subscriber’s use and enjoyment of the service or another entity’s use and enjoyment of similar services (xii) engage in any other activity that we believe could subject it to criminal liability or civil penalty or judgment (xiii) transmit unsolicited fax advertisements through the service in violation of the Privacy and Electronic Communications Regulations faxing unsolicited fax advertisements is illegal under the PECR as well as in the The United States of America, European Union and other countries states and provinces distribution of unsolicited fax advertisements through the service is prohibited and doing so will result in termination of your account or (xiv) use the service to fax-blast, bulk fax or otherwise attempt to broadcast a single document to many fax numbers at once

5.5 You agree that you are not the owner of any telephone number assigned to you by the platform ownership of such numbers is vested solely in the platform which will assign one or more temporary number(s) to you for your use during the term of this agreement unless you subscribe to a inbound faxing number. You agree that each time you send a fax you will be assigned a new temporary phone number

5.6 You agree that you will not harvest, collect, steal or otherwise keep a record of the phone numbers owned by the platform including temporary phone numbers assigned to you through the service. You agree that you will not send faxes, either by broadcast or otherwise, including without limitation unsolicited fax advertisements in violation of federal law, to any numbers owned by the platform and that you have harvested, collected, stolen or otherwise, kept in violation of this agreement. You understand that we are the owners of all telephone numbers provided as part of the service and therefore the we have certain rights with respect to the numbers in the event you violate this provision we will pursue all legal and equitable remedies including civil and criminal damages and penalties damages for loss of business and or use and injunctive relief

6. Registration Services and Billing

(A) Registration

6.1 Some of the functionality of the platform is only available to register users. If you choose to register on the platform you are required to provide true accurate current and complete information about yourself as prompted by registration forms on the platform. You agree to update your information should there be any changes in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the platform, the app, the site, parts of it or our services. We are not responsible for any failure in providing the services which results from information that is not true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are entirely responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account

6.2 You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Although we provide some encryption to protect certain personal information which is transmitted, you understand that your faxes may be intercepted and used, and that all the risk associated therewith is solely yours. You agree that we are the neutral host of the service and have no responsibility or liability in relation to the faxes that you send or receive as part of your use of the service. You shall remain solely responsible for the content of your faxes

(B) Services

6.3 Full list of our services and pricing is available through the app. We reserve the right to change and update our prices and service plans periodically at any time and without notification. All changes become effective from the day of publishing.

6.4 Fax App offers a platform for users to send and receive faxes. Individually, our services include;

(C) Sending Faxes

6.5 By using our platform you are able to send faxes directly from your device without the need to register or to get a fax number.

6.6 In order to send faxes you will need to subscribe one of the plans on the app. By subscribing to one of the send fax plans you can send unlimited faxes during the subscription period. Full list of prices for send fax subscription plans are available in the app

(D) Fax Storage

6.7 You acknowledge that we may change our practices and limitations concerning storage of fax messages, including, without limitation the maximum storage space that will be allotted on the servers on your behalf, at any time, as provided for herein. You further agree that this feature is provided as a convenience only for subscribers and that we have no liability or responsibility whatsoever for the storage deletion of or failure to store any fax messages and/or other communications maintained and/or transmitted by the service.

6.8 All information stored on our servers is encrypted and guarded in accordance with our privacy policy.

(E) Billing

6.9 You are able to pay for our services directly through the app.

6.10 We may at our own discretion limit the number of available services or refuse to provide the service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if (i) the billing information you provided is incorrect or invalid or we are otherwise unable to process the payment (ii) we suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity (iii) Your order is placed pursuant to previous credit card dispute.

7. Cancellation and Refunds

There are no refunds, except as granted by Fax App, in its sole discretion, as otherwise provided in these Terms or as required by law. Fax App reserves the right to refuse or cancel purchases or attempted purchases at any time and in its sole discretion

8. Acceptable Use Policy for Unlimited Plan

8.1 We reserve the right to periodically review the level of services usage in order to determine whether such use is in compliance with our acceptable use policy as well as with our terms. In the event that we find that your use of unlimited plan is in violation of these terms we may limit the services available to you or terminate your access to services all together.

8.2 Unlimited plans are provided only for the “normal” and “typical” uses. Use of unlimited plans falls outside of the normal or typical scope and is considered “unreasonable” when such use is excessive in a way which causes us to incur additional financial costs or burden on our servers and infrastructure beyond of our estimated expenses as determined by us in our sole discretion

8.3 The following represent a non-limiting list of examples of unreasonable use of unlimited plans (i) autodialing (ii) fax blasting (iii) bulk faxing (iv) telemarketing (v) broadcasting single document to many fax numbers at once.

9. Confidential Information

9.1 Through use of the service you may have access to certain information that is confidential and proprietary (“confidential information”). You agree to protect all confidential information by using a reasonable degree of care to prevent the unauthorized use dissemination or publication of the confidential information.

9.2 You agree that a breach of the confidentiality provisions of this agreement will breach the security of the service and thus would cause irreparable harm to the platform for which no adequate remedy at law exists. You therefore agree that in addition to any other remedies available we shall be entitled to injunctive relief to enforce the terms of this agreement

10. Third Party Content

10.1 We may provide users with content belonging to the outside sources or links leading to the outside sources. We are not responsible for the content provided by the outside sources. Outside sources are not under our control and they may have different terms of use and policies.

11. Privacy

11.1 Please review our privacy policy to learn more about how we collect and use information about you via the service

12. Governing Laws

12.1 These Terms will be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Cook County, Illinois and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Fax App will not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by Fax App, the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

13. Indemnity

13.1 You will indemnify and hold harmless Fax App and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the site and its services, content which you provide, or your violation of these terms.

14. Statute of Limitations

14.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the app, the site, services or the terms must be filed within fifteen (15) days after such claim or cause of action arose or be forever barred.

15. Disclaimer

15.1 Warranty disclaimer and limitation of liability to the fullest extent provided by law, the app, the site, and services are provided “as is” without warranty of any kind, either express or implied, including but not limited to warranties of accuracy, merchant ability, fitness for a particular purpose and/or non-infringement. None of the parties involved in creating, producing, and/or delivering the services, the app and the site are liable for any direct, incidental, consequential, indirect or punitive damages or any other losses costs or expenses of any kind which may arise directly or indirectly through access to use of or browsing the site or through your downloading of materials from the site including but not limited to anything caused by bugs, viruses or any computer system, hardware, software or program malfunctions or any other errors, failures or delays. in no event will or any of our affiliates or service providers be liable for any lost profits, cost of procurement of substitute products, or any incidental or consequential damages arising out of the use of or of the inability to use any materials on the website.

16. Final Provisions

16.1 If any part of these terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the terms

17. Contact

17.1 If you have any questions, suggestions or comments, you can address them to Faxii310@gmail.com