These Terms of Use (“Terms”) are a legal agreement between you and Faxly (“Faxly,” “we,” “us,” or “our”) governing your use of the Faxly application and related services (the “Service”). By downloading or using Faxly, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 17 years old and able to form a binding contract to use Faxly. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.
2. The Service
Faxly lets you send and receive facsimile (fax) transmissions from your device using a dedicated fax number assigned to you. Faxes are transmitted over the public telephone network through third-party telecommunications carriers. You do not need to create a named account; your access is tied to your device and subscription.
3. Your fax number
While your subscription is active, we assign you a dedicated fax number for your use. The number is licensed to you, not sold, and remains ours (or our carriers’). If your subscription lapses or is cancelled, or if the Service is terminated, your number may be released and reassigned, and you may lose access to it and to associated fax history. Numbers may occasionally change for operational or regulatory reasons.
4. Subscriptions, billing, and cancellation
- Faxly is offered through auto-renewable subscriptions (available on weekly, monthly, and yearly terms).
- Payment is charged to your Apple Account at confirmation of purchase.
- Your subscription automatically renews for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period.
- You can manage or cancel your subscription, and turn off auto-renew, in your App Store account settings at any time.
- Prices are shown in the app and may vary by region; we may change prices for future periods, subject to applicable notice.
- Purchases are processed by Apple. Refunds are handled by Apple in accordance with the App Store’s policies; except where required by law, subscriptions are non-refundable and unused portions are not refundable.
5. Acceptable use
You are solely responsible for the content you send and how you use the Service. You agree not to use Faxly to:
- send unsolicited advertisements, “junk faxes,” or any communication that violates the U.S. Telephone Consumer Protection Act (TCPA), the Junk Fax Prevention Act, or any similar law;
- send unlawful, fraudulent, threatening, harassing, defamatory, or infringing content;
- transmit content you do not have the right to send, or that violates another person’s privacy or intellectual-property rights;
- violate any applicable local, state, national, or international law or regulation;
- interfere with, disrupt, reverse-engineer, or attempt to gain unauthorized access to the Service or its systems.
We may suspend or terminate access that we reasonably believe violates these Terms or the law.
6. Delivery is not guaranteed
Fax transmission depends on the public telephone network, third-party carriers, and the recipient’s equipment, all of which are outside our control. We do not guarantee that any fax will be delivered, delivered on time, or delivered without error, and we are not liable for failed, delayed, or incomplete transmissions.
7. Intellectual property
The Service, including its software, design, and branding, is owned by Faxly and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for its intended purpose. You retain ownership of the documents you send and receive.
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAXLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Faxly from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service or your violation of these Terms or applicable law.
11. Termination
You may stop using the Service at any time by cancelling your subscription and deleting the app. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination will survive.
12. Governing law
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in California for any dispute not subject to arbitration or small-claims court.
13. Apple App Store
These Terms are between you and Faxly, not Apple. Apple is not responsible for the Service or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. The Apple standard EULA (Licensed Application End User License Agreement) also applies to your use of the app; where these Terms conflict with it, these Terms govern to the extent permitted.
14. Changes to these Terms
We may update these Terms from time to time. Changes take effect when posted; the “Last updated” date reflects the current version. Continued use of the Service after changes means you accept them.
15. Contact us
Questions about these Terms? Email customerCare@faxly.com.