Terms of Service

These Terms of Service (the "Terms") are a binding agreement between [COMPANY LEGAL NAME], a [STATE] company with its principal place of business at [ADDRESS] ("Company", "we", "us" or "our"), and the person or entity that creates an account for, accesses or uses the FaxDev service (the "Customer", "you" or "your"). If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" means that organization.

By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms, the Acceptable Use Policy and the Privacy Policy, each of which is incorporated by reference. If you do not agree, do not use the Service.

PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

1. The Service

1.1 What the Service is. FaxDev is an internet-based fax service. It lets you send, receive, store and manage fax documents through a web application, an application programming interface ("API"), a Model Context Protocol server for software agents, email and related tools (together, the "Service"). The Service accepts documents in electronic form, converts them for fax transmission, delivers them to fax destinations, receives faxes sent to fax numbers assigned to your account, and makes those documents available to you in electronic form. The Service is an information service: it stores, transforms, processes and makes available information.

1.2 What the Service is not. The Service is not a telephone service, and we are not a telecommunications carrier. The Service does not provide voice calling of any kind, does not provide interconnected VoIP, and cannot be used to make or receive voice calls. Fax numbers assigned through the Service are used only as fax endpoints.

1.3 No emergency services. THE SERVICE DOES NOT SUPPORT 911, E911 OR ANY OTHER EMERGENCY SERVICES, AND CANNOT BE USED TO CONTACT EMERGENCY SERVICES. You must maintain an alternative means of reaching emergency services at all times, and you must make sure that every person who uses the Service through your account understands this limitation. We are not liable for any inability to reach emergency services.

1.4 Changes to the Service. We may add, change, suspend or discontinue any feature, interface, integration, coverage area or destination at any time. Where a change materially reduces the core functionality of a paid feature you are actively using, we will make reasonable efforts to give notice in advance.

1.5 Third-party networks and suppliers. Faxes travel over networks and facilities that we do not own or control, including networks operated by third parties and the equipment of the receiving party. We use third-party suppliers to deliver the Service and may change them at any time without notice.

2. Eligibility and accounts

2.1 Business use only. The Service is offered for business and professional use. You must be at least 18 years old and able to form a binding contract. The Service is not directed to, and may not be used by, anyone under 18.

2.2 Account information. You agree to provide accurate, current and complete information when you register and to keep it up to date. We may verify your identity and business information, and may refuse, limit or close any account in our discretion, including where we cannot complete verification.

2.3 Credentials and agents. You are responsible for keeping your passwords, API keys, two-step verification factors and other credentials confidential, and for all activity under your account, whether or not you authorized it. Faxes sent and actions taken through your credentials, including by your users, integrations, scripts and AI or other software agents you connect to the Service, are your actions. Notify us promptly at [LEGAL CONTACT EMAIL] of any unauthorized use. We are not liable for any loss caused by unauthorized use of your credentials.

2.4 Organizations, accounts and users. You may create accounts and invite users within your organization. You are responsible for your users' compliance with these Terms and for the settings, permissions and retention periods you choose.

3. Resellers

3.1 If you resell or provide the Service to your own customers ("End Customers"), including under your own brand, you: (a) remain fully responsible to us for all use of the Service by your End Customers and for all fees, whether or not your End Customers pay you; (b) must bind each End Customer to written terms that are at least as protective of us as these Terms and the Acceptable Use Policy, including Sections 1.2, 1.3, 4, 6, 13 and 14; (c) must not make any promise, warranty or representation about the Service on our behalf, including any statement that the Service provides telephone service, emergency calling or number portability; and (d) are solely responsible for your own pricing, billing, collection, taxes and support for your End Customers.

3.2 We may suspend an End Customer's account directly where we are permitted to do so under these Terms, and we have no obligation to your End Customers. Wholesale pricing and any other reseller-specific terms are set out in a separate written agreement, which controls over these Terms where they conflict.

4. Fax numbers

4.1 Assigned, not owned. Fax numbers made available to you through the Service are assigned to your account for use with the Service only, for as long as your account is active and in good standing. You do not own, and acquire no property right or other interest in, any number, and you may not transfer, sell or sublicense any number.

4.2 No number portability. Number portability is not offered. We do not port numbers out of the Service to any other service, and we do not guarantee that any number can be ported into the Service. Any port-in we choose to accept is a courtesy, at our discretion, and may be refused, delayed or reversed.

4.3 Changes and reassignment. We may change, reclaim, suspend or reassign any number, with or without notice, (a) on termination or expiration of your account, (b) for non-payment, (c) for misuse or suspected misuse, including any breach of the Acceptable Use Policy, (d) when required by a carrier, numbering administrator, regulator or law, or (e) for technical or operational reasons. After a number is released it may be assigned to someone else, and faxes sent to it will no longer reach you.

4.4 No liability for numbers. We are not liable for any loss, cost or damage arising from the change, reclamation, reassignment or loss of any number, including the cost of reprinting materials, notifying contacts, or lost business.

4.5 Coverage and availability. Number availability depends on location and inventory and may change. Sending to destinations outside the United States and Canada is offered only where we choose to make it available. The sender number shown to a recipient may not be shown, or may be shown differently, on some delivery routes.

5. Your content and your responsibilities

5.1 Your Content. "Your Content" means the documents, images, cover pages, metadata, contact lists and other information you or your users submit to or receive through the Service. As between you and us, you own Your Content. You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, copy, store, transmit, convert, display and otherwise process Your Content as needed to provide, secure and support the Service, to comply with law, and to enforce these Terms.

5.2 Your responsibilities. You are solely responsible for Your Content and for having all rights, consents and notices required to send it, to receive it, and to have us process it. You are responsible for the accuracy of destination numbers and for confirming that each fax you send is wanted and lawful. You must comply with all laws that apply to your use of the Service, including laws on fax advertising, privacy, data protection, recordkeeping and export.

5.3 Junk fax laws. You must not use the Service to send unsolicited advertisements. You are solely responsible for complying with the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005, its implementing regulations, and every similar federal, state or foreign law, including requirements on prior express invitation or permission, established business relationships, opt-out notices, and honoring opt-out requests.

5.4 Acceptable use. Your use of the Service must comply with the Acceptable Use Policy at all times.

5.5 Monitoring, filtering and reporting. We have no obligation to monitor Your Content, but we may, and you authorize us to, scan, filter, block, quarantine, delay or refuse any fax, document, message or traffic that we believe in good faith violates these Terms or the law, or threatens the Service, our suppliers or others. We may report suspected unlawful activity to law enforcement, regulators or affected parties and may cooperate with their investigations, including by disclosing information about you and your use of the Service.

6. Fax delivery

6.1 Delivery is not guaranteed. Fax transmission depends on factors outside our control, including the receiving party's equipment, line, settings, capacity and availability, the networks between us and the recipient, and the quality of the documents you submit. We do not guarantee that any fax will be delivered, delivered in full, delivered legibly, delivered within any time, or delivered at all, or that any inbound fax will be received.

6.2 Status information. Delivery status, confirmations and reports are provided for convenience. They reflect the information available to us at the time and do not prove that a recipient received, printed, read or understood a document.

6.3 Retries. We may retry or reroute faxes that do not complete, in our discretion, and may stop retrying at any time. Unless your plan says otherwise, you are billed for pages we deliver or receive as set out in the published pricing, and not for faxes that fail.

6.4 Time-sensitive and critical communications. You must not rely on the Service as the only means of sending any communication where failure or delay could cause death, personal injury, property or environmental damage, or loss of legal rights, including court filings, service of process and clinical orders. You are responsible for confirming receipt by other means where it matters.

7. Fees, billing and payment

7.1 Prices. You agree to pay the fees for the Service at the prices published on our website or in the application at the time of use, or as set out in an order form or other written agreement signed by us. We may change prices on notice by posting the new prices or notifying you; changes apply from the date stated in the notice and not to usage that occurred before it.

7.2 No added regulatory surcharges. We do not add separate Universal Service Fund, regulatory recovery, E911 or similar surcharges to your charges. Any costs we incur from our own suppliers are our costs and are reflected in our prices.

7.3 Taxes. Prices exclude taxes. You will pay any sales, use, value-added or similar taxes that we are legally required to collect, which will be shown on your invoice or receipt. We charge taxes only where the law requires it. You are responsible for any taxes on your own resale of the Service.

7.4 Prepaid and pay-as-you-go billing. Unless we agree otherwise in writing, the Service is prepaid or pay-as-you-go. Usage may be debited from a prepaid balance you fund in advance, or charged to your payment method as it accrues or at the end of each billing period. We may require a minimum balance before sending, and may refuse or hold faxes, or stop accepting inbound faxes, when your balance is insufficient. Any postpaid credit is extended at our sole discretion and may be withdrawn at any time.

7.5 Auto-recharge. If you turn on automatic recharge, you authorize us and our payment processor to charge your payment method the recharge amount you choose whenever your balance falls below the threshold you set, without further authorization each time, until you turn automatic recharge off. Turning it off does not affect charges already initiated.

7.6 Recurring charges. Number rental, add-ons and other recurring components are charged as described in the published pricing, which may be daily, monthly or prorated. Recurring charges continue until you release the number or turn off the add-on, even if you do not use the Service.

7.7 Minimum commitments. If your order form or account terms include a minimum monthly commitment, you will pay at least that amount for each month of the commitment term, and any shortfall between your actual charges and the commitment will be charged at the end of the month.

7.8 Credits are non-refundable. Prepaid balances, purchased credits, promotional credits, trial credits and any other credits are non-refundable, have no cash value, cannot be transferred, and are forfeited on termination of your account, except as stated in Section 11.4 or where a refund is required by law. Promotional and trial credits may expire, may be limited to certain uses, and may be revoked at any time if we suspect abuse. Except as required by law or expressly stated in these Terms, all fees are non-refundable, including for partial periods, unused numbers and unused features.

7.9 Payment method and processor. You authorize us and our third-party payment processor to charge your payment method for all fees when due. Your payment card or bank details are collected and stored by our payment processor, not by us, under the processor's own terms and privacy policy. You must keep a valid payment method on file.

7.10 Late payment and non-payment. If any amount is not paid when due, we may, without liability and in addition to our other rights, (a) suspend the Service, including sending, receiving and access to documents, (b) charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, (c) recover our reasonable costs of collection, including attorneys' fees, and (d) reclaim your numbers under Section 4.3 if non-payment continues.

7.11 Chargebacks and billing disputes. If you initiate a chargeback or payment dispute, we may immediately suspend your account and all associated accounts and numbers pending resolution. You must contact us at [LEGAL CONTACT EMAIL] about any billing question within thirty (30) days of the charge; charges not disputed in writing within that period are final. Amounts reversed by a chargeback that we determine were validly charged remain due, together with any fees the processor charges us.

8. Data storage, retention and deletion

8.1 Retention settings. Fax documents are stored for the retention period set on each account, within the minimums and maximums the Service allows, and are then deleted. You are responsible for choosing a retention period that meets your legal and business obligations and for exporting and keeping your own copies of any document you need. Certain features, add-ons or legal holds may require a longer minimum retention period.

8.2 The Service is not a records system. The Service is not an archival or records-management system and is not a backup of Your Content. We are not liable for the deletion of any document in accordance with your settings, the platform limits, or these Terms.

8.3 After termination. On termination or expiration of your account for any reason, your access ends and we have no obligation to retain, return or provide any of Your Content. We may delete Your Content at any time after termination, subject only to any retention obligations we have under applicable law or an executed agreement with you.

8.4 Our records. We may keep account, billing, usage, audit and log information, and copies in backups, for as long as we reasonably need for legal, tax, accounting, security and dispute-resolution purposes, as described in the Privacy Policy.

9. Health information and HIPAA

9.1 BAA required. A Business Associate Agreement ("BAA") is available as a separate agreement for eligible accounts. Unless you have executed our BAA and enabled the Service's HIPAA mode on the account concerned, you must not use the Service to send, receive or store protected health information as defined under the Health Insurance Portability and Accountability Act of 1996 and its regulations ("PHI"), and we have no obligations under those laws for that account.

9.2 Your responsibility. The Service offers HIPAA-ready controls, such as enforced two-step sign-in, access logging, link-only notifications and configurable retention. Using those controls does not by itself make your use of the Service lawful. You remain responsible for your own compliance, for configuring the Service correctly, for your users' conduct, and for determining whether the Service is appropriate for your needs. We make no representation that the Service, or your use of it, satisfies any particular law, standard or certification.

10. Suspension

10.1 We may suspend or limit all or part of the Service, any account, any user or any number, immediately and without prior notice or liability, if (a) you fail to pay any amount when due or initiate a chargeback, (b) we believe you or your users have breached these Terms or the Acceptable Use Policy, (c) your use poses a security, legal, regulatory or reputational risk to us, our suppliers or others, (d) we receive a complaint, legal demand or request from a carrier, regulator or law enforcement, or (e) suspension is needed to protect the Service. Fees continue to accrue during suspension. We may restore the Service once the reason for suspension is resolved to our satisfaction, but we are not required to do so.

11. Term and termination

11.1 Term. These Terms apply from when you first accept them or use the Service until your account is closed.

11.2 By you. You may close your account at any time from the application or by written notice. Closing your account does not relieve you of any fee incurred before closure or of any unexpired minimum commitment.

11.3 By us. We may terminate these Terms or any account for convenience on thirty (30) days' notice, or immediately on notice if you breach these Terms, if any event in Section 10.1 occurs, or if we stop offering the Service.

11.4 Effect. On termination, all rights granted to you end, all unpaid fees become immediately due, your numbers may be reclaimed and reassigned, prepaid and promotional credits are forfeited (except where we terminate for convenience, in which case we will refund any unused purchased prepaid balance, or where a refund is required by law), and Section 8.3 applies. Sections 4.4, 5, 6, 7 (as to amounts owed), 8, and 12 through 19, and any other provision that by its nature should survive, survive termination.

12. Intellectual property and feedback

12.1 We and our licensors own the Service, the software, the documentation, the API, and all related intellectual property. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service for your internal business purposes and, if you are an authorized reseller, to provide it to your End Customers. You must not copy, modify, reverse engineer, resell (except as permitted in Section 3) or create derivative works of the Service, or use it to build a competing product.

12.2 If you give us suggestions or feedback, we may use them for any purpose without obligation to you. We may collect and use aggregated or de-identified data about the use and performance of the Service for any lawful purpose, provided it does not identify you or any individual.

13. Disclaimer of warranties

13.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.2 WITHOUT LIMITING SECTION 13.1, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY FAX WILL BE DELIVERED, RECEIVED OR LEGIBLE; THAT ANY NUMBER WILL REMAIN AVAILABLE TO YOU; THAT ANY DOCUMENT WILL BE STORED WITHOUT LOSS; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ANY LEGAL OR REGULATORY OBLIGATION THAT APPLIES TO YOU. ANY SERVICE LEVEL COMMITMENT APPLIES ONLY IF SET OUT IN A WRITTEN AGREEMENT SIGNED BY US, AND THE REMEDIES IN THAT AGREEMENT ARE YOUR SOLE REMEDIES FOR ANY FAILURE TO MEET IT.

14. Limitation of liability

14.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, LICENSORS OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, COST OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM A FAILED, DELAYED, MISDIRECTED OR UNREADABLE FAX, A LOST OR REASSIGNED NUMBER, OR AN INABILITY TO REACH EMERGENCY SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO US FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14.3 Basis of the bargain. The limitations in this Section 14 apply even if any remedy fails of its essential purpose, and are an essential basis of the bargain between you and us; our prices would be substantially higher without them. Some jurisdictions do not allow certain exclusions or limitations, in which case they apply to the fullest extent permitted.

15. Indemnification

15.1 You will defend, indemnify and hold harmless us, our affiliates, suppliers and service providers, and our and their officers, directors, employees and agents, from and against any claims, demands, investigations, proceedings, losses, damages, fines, penalties, judgments, settlements, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your or your users' or End Customers' use of the Service; (c) any fax sent through your account, including any claim under junk fax, telemarketing, privacy or data protection laws; (d) your breach of these Terms, the Acceptable Use Policy or any law; (e) any dispute between you and your users, End Customers or recipients; or (f) any inability of any person to reach emergency services while relying on the Service.

15.2 We will notify you of a claim we seek indemnity for, and may participate in the defense with counsel of our choice. You may not settle any claim that imposes an obligation or admission on us without our prior written consent.

16. Changes to these Terms

We may change these Terms, the Acceptable Use Policy or the Privacy Policy at any time by posting the revised version on our website with a new "Last updated" date. We may also notify you by email or in the application. Changes take effect when posted, or on any later date stated, and your continued use of the Service after that date means you accept them. If you do not agree to a change, you must stop using the Service and close your account. Changes to Section 17 will not apply to any dispute of which we had actual notice before the change.

17. Dispute resolution, arbitration and class-action waiver

17.1 Informal resolution first. Before starting any arbitration or court proceeding, the party raising a dispute must send the other a written notice describing the dispute and the relief sought, and the parties will try in good faith to resolve it for at least sixty (60) days. Notices to us go to [ADDRESS], attention Legal.

17.2 Binding arbitration. Except as provided in Section 17.4, any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, scope or enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in [STATE], or by video conference or written submissions if the parties agree. The arbitrator may award any relief available in court on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section 17.

17.3 Class-action and jury waiver. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may not consolidate claims of more than one party or preside over any form of class or representative proceeding. If this waiver is found unenforceable for any claim, that claim must be severed and decided in court, and the remainder will still be arbitrated.

17.4 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, (b) seek injunctive or other equitable relief in court to protect its intellectual property, confidential information or the security of the Service, or to stop a breach of the Acceptable Use Policy, and (c) bring an action in court to collect unpaid fees.

17.5 Time limit. Any claim against us must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

18. Governing law and venue

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. Subject to Section 17, the state and federal courts located in [STATE] have exclusive jurisdiction, and each party consents to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. General

19.1 Assignment. You may not assign or transfer these Terms or any account, number or right under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets. Any attempted assignment in breach of this section is void.

19.2 Export and sanctions. You will comply with all export control and economic sanctions laws that apply to your use of the Service. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will not use the Service to send faxes to, or for the benefit of, any such country, region or party.

19.3 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of networks, carriers, utilities, hosting or other suppliers, cyberattacks, labor disputes, acts of government, natural disasters, pandemics and war.

19.4 Notices. We may give you notice by email to the address on your account, in the application, or by posting on our website. You must give us legal notices in writing to [ADDRESS], attention Legal, with a copy to [LEGAL CONTACT EMAIL].

19.5 Entire agreement and order of precedence. These Terms, together with the policies incorporated by reference and any order form, reseller agreement or BAA signed by us, are the entire agreement between you and us about the Service and supersede all prior agreements and understandings. If there is a conflict, a signed order form or reseller agreement controls, then the BAA (as to PHI only), then these Terms, then the policies. Terms in any purchase order or other document you provide do not apply.

19.6 Other terms. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. The parties are independent contractors. There are no third-party beneficiaries of these Terms, except the indemnified parties in Section 15. Headings are for convenience only, and "including" means "including without limitation".

20. Contact

[COMPANY LEGAL NAME], [ADDRESS]. Email: [LEGAL CONTACT EMAIL].