Terms of Use

1. About these terms

These terms are an agreement between you and [COMPANY LEGAL NAME] (“Faxwell”, “we”, “us”) for using the Faxwell apps and website (the “Service”). By using the Service you agree to them, and to our Privacy Policy. If you use Faxwell for a business, you agree on its behalf. You must be at least 18, or the age of majority where you live.

2. Your account

You can prepare a fax without an account. You sign in (with Apple or by email) when you make your first purchase. Keep access to your account and email secure: you are responsible for what is sent from your account. Tell us right away at support@sendfaxwell.com if you think someone else is using it.

3. Pages (pay as you go)

• You buy pages in packs: 10 pages for $0.99, 50 pages for $3.99, or 200 pages for $11.99 (US prices; the App Store shows the price in your currency, with any taxes, before you pay).
• A standard page you send uses 1 page from your balance (10¢). An encrypted page uses 2 pages (20¢).
• Pages never expire. They have no cash value, can’t be transferred to another account, and can’t be exchanged for money, except where the law requires otherwise.
• We take the pages from your balance when your fax is queued for sending, and return them if it finally fails (section 5). The app shows the cost before you send.

4. Plans and subscriptions

• Billing and renewal. In the iPhone app, plans are bought through Apple and charged to your Apple ID. Monthly plans renew automatically each month until you cancel. Apple charges the renewal within the 24 hours before the current period ends.
• Cancelling. Cancel at least 24 hours before the end of the current period in your Apple ID settings (on iPhone: Settings › your name › Subscriptions › Faxwell). Deleting the app or your Faxwell account doesn’t cancel the subscription. Your plan stays active until the end of the period you paid for.
• Allowances reset each period and don’t carry over.
• Incoming faxes are never refused because your allowance or balance has run out. Pages over your allowance are taken from your balance even if that takes it below zero; your next purchase covers the difference first.
• Fair use on Unlimited and Secure means normal use by one person or a small office. If an account goes far beyond 1,500 pages a month, we will contact you before taking any action, and may ask you to move to a more suitable arrangement.
• Price changes for subscriptions follow Apple’s rules: you will be told in advance, and where required, asked to agree.

5. Failed faxes and refunds

• If the line is busy or doesn’t answer, we try again automatically, up to 3 attempts in all.
• If the fax finally fails, we return the pages it used to your balance (or to your plan allowance), once, and tell you why in plain language.
• Refunds for failed faxes are given as pages, not money. Money refunds for App Store purchases are handled by Apple under Apple’s policies; you can ask for one at reportaproblem.apple.com. We can’t issue App Store refunds ourselves.
• A fax counts as delivered when the receiving fax machine confirms it. We aren’t responsible for what happens after that, or for a fax delivered to a working fax number you entered by mistake.

6. Acceptable use

You are responsible for what you send and who you send it to. You agree not to:

• Send junk faxes. Unsolicited advertising by fax is illegal under the US Telephone Consumer Protection Act and Junk Fax Prevention Act, and similar laws elsewhere. Only fax advertising to people who have agreed to receive it or with whom the law allows it, and include any opt-out notice the law requires.
• Send anything illegal, fraudulent, threatening, harassing, or that you don’t have the right to send.
• Pretend to be someone else, or hide or fake who a fax is from.
• Interfere with the Service, get around its limits, or try to access other people’s accounts or faxes.

Limits. To prevent abuse, accounts in their first 7 days can send up to 20 faxes a day; every account can fax up to 25 different numbers a day and up to 10 faxes an hour to the same number. We may adjust these limits to protect the Service. If you need more, email us.

If you break these rules, we may stop a fax, suspend or close your account, and report illegal activity. You are responsible for fines or claims that result from faxes you send.

7. Fax numbers

• Numbers come from our pool and stay ours. You may use your number while your plan is active, but you don’t own it, and we can’t promise you can move it to another provider.
• A “Receive for a week” number ends after 7 days. A monthly plan’s number ends when the plan ends.
• Released numbers aren’t returned. Once a number is released, you can’t get the same number back. We quarantine it first: calls to it are rejected and nothing is stored. A regular number can go to someone else only after at least 30 days, and only once it has had no incoming calls for 14 days. Secure plan numbers are never given to another Faxwell customer.
• We may need to change a number if our carrier or the law requires it. We will tell you as early as we can.

8. The “Sent with Faxwell” line

On pay-as-you-go and “Receive for a week”, cover pages include a short credit line, “Sent with Faxwell”. It is a plain credit line, never an advertisement. You can remove it permanently with a one-time $1.99 purchase. Monthly plans (Keep a number, Unlimited, Secure) never include it.

9. Your documents

Your documents stay yours. You give us permission to store, process and transmit them only as needed to provide the Service to you. You confirm you have the right to send what you send. How long we keep documents is explained in the Privacy Policy.

10. Health information and HIPAA

Faxwell supports HIPAA use only on the Secure plan, and only after a Business Associate Agreement (BAA) between you and us has been signed. If you are a covered entity or business associate under HIPAA, don’t send protected health information on any other plan. Encrypted sending protects a fax on its way to our carrier and while stored, but the last leg to the recipient’s fax machine is the ordinary phone network, as with every fax service.

11. Changes to the Service

We may add, change or remove features. Faxes depend on phone networks and the receiving machine, so we can’t guarantee that every fax will be delivered or that the Service will always be available.

12. No warranty

To the extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow these exclusions, so they may not all apply to you.

13. Limit of liability

To the extent the law allows, we aren’t liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or business, even if we were told they were possible. Our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim, or [MINIMUM LIABILITY AMOUNT, e.g. US$50]. Nothing here limits liability that can’t be limited by law.

14. Indemnity

If someone makes a claim against us because of what you sent or how you used the Service in breach of these terms or the law, you will cover the resulting losses and reasonable costs, to the extent the law allows.

15. Ending your use

You can stop using Faxwell at any time and delete your account in the app (Settings › Delete account). Unused pages are lost when you delete your account. We may suspend or close an account that breaks these terms.

16. Apple

If you got the app from the App Store: these terms are between you and us, not Apple. Apple isn’t responsible for the app or its content, has no obligation to provide maintenance or support, and isn’t responsible for any claims about the app (including product liability, legal compliance or intellectual property claims). If the app fails to meet a warranty that applies, you may notify Apple, and Apple will refund the app’s purchase price, if any; Apple has no other warranty obligation. You confirm you aren’t in a country under a US government embargo and aren’t on a US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Apple’s Media Services Terms also apply to your App Store purchases.

17. Law and disputes

These terms are governed by the laws of [GOVERNING-LAW STATE], without regard to conflict-of-law rules. Disputes will be handled in the courts of [VENUE], unless the law where you live gives you the right to bring a claim there. Before filing a claim, please email us so we can try to fix it.

18. Changes to these terms

We may update these terms. We will change the date at the top and, for significant changes, tell you in the app or by email before they take effect. If you keep using Faxwell after that, the new terms apply.

19. Contact

support@sendfaxwell.com
[COMPANY LEGAL NAME], [POSTAL ADDRESS]