Terms of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY IMPOSE LEGAL OBLIGATIONS ON YOU AND AFFECT YOUR RIGHTS WITH RESPECT TO OUR FAX APP. OUR COMPANY IS WILLING TO PROVIDE YOU SERVICES ONLY ON THE CONDITION THAT YOU READ AND AGREE TO THESE TERMS OF SERVICE, AND THE ATTACHED PRIVACY POLICY. BY USING OUR APPLICATIONS, SERVICES AND OTHER PROPERTIES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY CAPABLE AND AUTHORIZED TO ACCEPT TO BE BOUND BY THE TERMS AS AN INDIVIDUAL OR AS THE REPRESENTATIVE OF A LEGAL ENTITY. YOU ALSO DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND DO ACCEPT TO BE BOUND BY OUR TERMS. IN CASE YOU DO NOT ACCEPT TERMS YOU SHOUD NOT USE THE SERVICES.

1. OVERVIEW OF OUR SERVICES

1.1. Our services consist of enabling our customers to send or receive fax online from their mobile devices.

2. USE OF SERVICE

2.1. Account registration. You may access our applications as a visitor for the purposes of checking the information contained on applications or subscribing to our services. To use our services you need to register for an account. When doing so, you will be requested to provide us with personal information and data, which are governed by our Privacy Policy. The information and data that you provide to us must be accurate, current, and complete and you agree to keep it updated at all times.

2.2. Subscription plans. Our services are offered to you in various subscription plans (“Subscription Plans”). If you are not enrolled in one of the paid Subscription Plans, you acknowledge that we may delete collected and stored information and data, after a period exceeding two (2) years from time of creation. This action however will be done in accordance with applicable laws and regulations.

2.3. Authorized users. You may only use our services provided that you are eighteen (18) years of age or older, that you are able to legally agree to our terms and that you are not a competitor or are in any way developing any competing and/or similar products or services. You are not authorized to assign, resell, transfer or share your Account with any other person or entity for any purpose.

2.4. User Data.  You hereby represent and agree that your use of our services will be conducted in a legally compliant manner and that, by using our services you are not violating any third parties’rights, including intellectual property, privacy, and publicity rights. Accordingly, you declare that you retain all right, title, and interest (including any intellectual property rights) in and to the content, information and data that you upload when using our services (“User Data”). You further represent and warrant that your collection and use of any personal information or data provided to us complies with all applicable data protection laws, rules, and regulations. If you receive any take down requests or infringement notices related to User Data, you must promptly:

• (i) stop using the related item through the service;
• (ii) notify us. If we receive any take down requests or infringement notices related to User Data, we may respond in accordance with our policies, and will notify and consult with you on next steps. To the extent necessary to provide our services or as otherwise permitted in our terms, you hereby grant us a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the User Data. You hereby expressly authorize us to use and process User Data (including any Confidential Information contained therein) as described in our terms, which provides for, but is not limited to, delivering and sharing of content and documents as directed by you when using our services with third parties (e.g. individuals/legal entities). These licenses and permissions automatically extend and shall benefit our affiliates, employees, agents and trusted third parties we work with, to the extent necessary for the provision of the our services to you.

2.5. Limitation of services. We reserve the right to prevent fax submission to certain destinations. 

3. PROHIBITED USE OF SERVICES

3.1 You shall not use our software for any illegal purposes, or utilize our software to conduct illegal behaviors, including but not limited to the following:

• (1) to use our software for any acts which make adverse influence on the Internet's normal operation;
• (2) to steal or illegally visit or abuses other users' account or account information;
• (3) to fabricate facts maliciously and conceal the truth to mislead or cheat others;
• (4) to publish, transmit, or spread advertisement information or spam; initiate, continue or in any form join in any speculative or other illegal plans; use network communication to harass others;
• (5) to publish, transmit, spread, or store information which infringes legal rights or interests such as intellectual property rights, trade secrets; transmit, spread, or in other ways to present pictures, photos, software or other material files which are protected by intellectual property laws, unless otherwise you have corresponding rights, authority or have received all the necessary ratification;
• (6) other acts which are forbidden by laws and administrative laws.

3.2 You shall not engage in any activities which are to the disadvantages of our software, except for explicit legal permission or written permission from our software. You should not engage in any activities which are unauthorized explicitly when you are using our software, including but not limited to the following:

• (1) to delete all our software information about copyright;
• (2) to reverse engineering, reverse assembling, reverse compiling our software, or in other way to attempt to discover our software's source code;
• (3) to retrieve, reproduce, modify, hook operation or create any derivative works of our software information (including but not limited to our software or information stored in any end-device when using our software and mutual information between client and server), of which the forms include but not limited to using plug-ins, external software or unauthorized third party's tools/service access, interference and influence our software and related system;
• (4) to restrict, forbid or in other ways interfere and affect others in using or enjoying service of our software (except for safety and protection tools such as parental control), including but not limited to release or transfer the following qualities of any information or software: including worm, virus Trojans or other detrimental function, or generated flow capacity which is suffice to interfere with others' use, dispatch or information retrieval;
• (5) in any ways to automatically visit(or attempt to visit) our software, or violate prescribed rules in our software and service's related program's robots.txt or any other similar files;
• (6) to use, lease, lend, reproduce, modify, interlink, reprint, compile, issue, publish, establish mirror image websites of our software related information;
• (7) any operation stems from manipulated or distorted purposes, or any operation possibly undermines integrity or veracity of our software any rating or comment.
• (8) other acts which are not explicitly authorized by our software.

4. PRICING & PAYMENT POLICY

4.1. Pricing and Payment. You hereby agree to pay all charges for your use of our services in accordance with the Subscription Plan you chose. We may amend your Subscription Plan, including any charges thereto.

4.2. Automatic renewal. All of Subscription Plans are generated on a weekly, monthly or yearly subscription basis. In order to ensure the continuity of all services, Subscription Plans will be automatically renewed at the end of each week, month or annual cycle, according to the Subscription Plan chosen by you and the date you subscribed to the our services. You hereby authorize us to charge the payment method indicated by you when subscribing to one of our paid Subscription Plans on a recurring basis without an invoice. Such authorization is applicable to all applicable subscription charges, any usage, or overage charges and all applicable taxes and fees and shall be effective until you cancel your Subscription Plan with us.

4.3. Taxes. You are responsible for, and shall pay, value-added tax, and all other taxes, domestic and foreign, now or in the future, that arise from or are imposed as a result from the use of our services. Such amounts are in addition to all other charges for the service rendered to you and will be billed to your account. In the event deductions or withholdings are required by law, you will increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any such liabilities) an amount equal to the amount we would have received had no such deductions or withholdings been made (TAX GROSS-UP).

5. DISCLAIMER OF WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

5.1. Warranties. We are not able to foresee some legal and technological risks including but not limited to service interruption, data loss and other damages or risks due to Force Majeure, Viruses, Trojans, hackers' attack, unstable system, defective services provided by third parties, and government actions. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNLESS EXPRESSLY PROVIDED FOR IN A SPECIFIC AGREEMENT ENTERED INTO BY AND BETWEEN US AND YOU, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT YOUR INFORMATION AND DATA WILL BE ACCURATE, COMPLETE OR PRESERVED WITHOUT LOSS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF OUR SERVICES WILL OPERATE UNINTERRUPTEDLY OR ERROR-FREE AND WE WILL NOT BE HELD LIABLE FOR UNAUTHORIZED ACCESS BEYOND OUR REASONABLE CONTROL. YOUR USE OF THE SERVICES IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND AT YOUR OWN RISK.

5.2. Limitation of liability. IN THE ABSENCE OF GROSS NEGLIGENCE, FAX.PLUS, ITS SHAREHOLDERS, OWNERS, OPERATORS, PARENT COMPANY, CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND OUR ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND/OR AGENTS, SHALL NOT ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE, CONSEQUENTIAL OR TORT DAMAGES OF ANY KIND.

5.3. Cap on damages. IN THE EVENT OF OCCURRENCE OF DAMAGES CAUSED BY A DEFECT IN THE SERVICES ORIGINATED BY GROSS NEGLIGENCE AND MALPRACTICE BY US, AND PROVIDED THAT YOU ESTABLISH THAT THE RELEVANT DAMAGE WOULD HAVE BEEN DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE AND MALPRACTICE, WE PLEDGE TO PAY COMPENSATION UP TO A MAXIMUM CEILING OF 30% (THIRTY PER CENT) OF AMOUNTS PAID BY YOU WITHIN THE TWELVE MONTH PERIOD PRECEDING THE DATE WE RECEIVE NOTICE OF SUCH CLAIMS.

6. SECURITY OF SERVICES

6.1. Account security. We use our best efforts and will take all commercially reasonable precautions, including technical (e.g. firewalls and data transmission encryption), administrative and physical measures, to help safeguard your account, data and content against unauthorized use, disclosure, or modification. You hereby agree to protect all endpoints using industry-standard security measures and to ensure that any passwords and/or other access credentials that may be given to you to access our services are kept confidential and are not shared with any unauthorized persons.

6.2. Monitoring of activities and notification of unauthorized use. You undertake to monitor the use of your Account for possible unlawful or fraudulent use. You must also immediately notify us if you become aware, or have reasons to believe, that a security breach or unauthorized use of your account has occurred. In the event you fail to do any of the actions described above, we will not be held liable for any of the actions taken by the unauthorized user using your account. Failure to notify us may also result in the suspension or termination of the our services and additional charges to you resulting from such use. We will not be liable for any charges resulting from unauthorized use of your account.

6.3. Lost access. In case you forget your account credentials you may recover them by informing us your registered e-mail address or verified phone number. In the event you lose access to your registered e-mail address or verified phone number, we will not be responsible for regaining access to your account.

7. CHANGES TO TERMS, SERVICES AND PRICING

WE RESERVE THE RIGHT, AT ANY TIME, TO TERMINATE OR MAKE CHANGES, ON A TEMPORARY OR PERMANENT BASIS, TO (i) THE PRICE OF SERVICES, (ii) OUR SERVICES; AND (iii) THE TERMS. EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, SUCH CHANGES OR CANCELLATIONS MAY BE MADE WITHOUT PRIOR NOTICE AND WILL BE EFFECTIVE IMMEDIATELY, AFTER THE PUBLICATION OF THE UPDATED VERSION OF THE PRICING POLICY AND/OR THE TERMS . YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE OR LOSS THAT SUCH MODIFICATION OF PRICES OR THE MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY OF SERVICES AND/OR FAX.PLUS WEBSITE MAY CAUSE.