Terms of Service

These terms are the contract between you and FaxToFax.com, the operator of FaxToFax. In short: FaxToFax lets you send and receive faxes in your web browser; you are responsible for what you fax and who you fax it to; your plan renews automatically at the regular price until you cancel, which you can do online at any time in Plan & billing; cancellation takes effect at the end of the period you have already paid for; and payments are non-refundable except where the law requires a refund. If you will handle protected health information, you must sign our Business Associate Agreement first. Please read the full terms, because they are legally binding.

1. Who we are and what these terms cover

FaxToFax (faxtofax.com) is operated by FaxToFax.com ("FaxToFax", "we", "us" or "our"). FaxToFax is the company you contract with and the seller of record for every purchase.

These Terms of Service ("Terms") govern your access to and use of the FaxToFax website, web application, fax numbers and related services (together, the "Service"). You accept these Terms when you create an account, tick the box confirming that you agree to them, or use the Service. If you do not agree, do not use the Service.

The following documents also apply and form part of your agreement with us:

• Billing, Renewal & Cancellation Policy, which sets out prices, renewals, cancellation and our refund position in more detail.
• Acceptable Use Policy, which lists what you may not do with the Service.
• Data Processing Addendum, which applies automatically where data protection law requires it.
• Business Associate Agreement, which applies only once an eligible customer has signed it.

Our Privacy Policy explains how we handle personal information. If documents conflict, the following order applies: a signed Enterprise order form, then the Business Associate Agreement (for protected health information), then the Data Processing Addendum (for personal data), then these Terms, then our other policies.

2. Definitions

• "Customer" or "you" means the person or organization that creates the account and accepts these Terms. If you accept on behalf of an organization, "you" means that organization.
• "User" means anyone you allow to access your account, including people you invite with the owner, admin, member or viewer role.
• "Customer Data" means the documents, cover pages, fax images, contacts and other content that you or your Users upload, send, receive or store through the Service, together with the fax numbers and transmission details connected to them.
• "Account Data" means information about you and your Users that we need to run your account, such as names, email addresses, organization name, billing details and logs.
• "PHI" means protected health information as defined by the U.S. Health Insurance Portability and Accountability Act of 1996 and its regulations ("HIPAA").
• "Consumer" means an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.

3. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live) and able to enter into a binding contract. The Service is not intended for children.
• If you accept these Terms for an organization, you confirm that you are authorized to bind that organization.
• You must give us accurate information and keep it up to date, especially the account owner's email address, which we use for sign-in codes, receipts and important notices.
• We may decline to open an account, or ask you to verify your identity or business details, including where telecommunications rules require this before we can assign a fax number.

4. The Service

4.1 What we provide

The Service lets you send and receive faxes in a web browser, use one or more fax numbers, store faxes in your account under the retention setting you choose, and manage a team with roles and an audit log. The features included in each plan are described on our website and in Plan & billing. We may change, improve or remove features over time. If we remove a feature that is a material part of your paid plan, we will tell you in advance where we reasonably can. Features labelled preview, beta or early access are provided as they are and may change or stop at any time.

4.2 How fax works, and its limits

Faxes travel over the public telephone network to the recipient's fax machine or fax service. Delivery depends on things outside our control, such as a busy line, a recipient machine that is switched off or out of paper, an incorrect number, or problems with a telephone carrier. We do not guarantee that a fax will be delivered, delivered by a particular time, or received in a legible form. Delivery statuses and confirmations reflect what the telephone network and receiving equipment report to us; they do not confirm that a person has read the fax. If timing matters, for example for a court or regulatory deadline, allow plenty of time, keep the confirmation and check with the recipient.

The part of a fax's journey that crosses the public telephone network is not encrypted. Our Security Overview explains which parts of the Service are encrypted and which are not.

4.3 Not for emergencies

FaxToFax is not a telephone service. It cannot be used to contact emergency services and must not be relied on for emergency or life-safety communications.

4.4 Fax numbers

We assign fax numbers to your account for you to use while your subscription is active. You do not own the numbers. We or our carrier may need to change or reclaim a number where the law, a regulator or the carrier requires it, or to prevent fraud or abuse; we will give you notice where we reasonably can. Some numbers can only be issued after you provide information, such as an address or identity details, that local telecommunications rules require. When your subscription ends, or when you remove a number, the number is released and may later be assigned to someone else, so faxes sent to it will no longer reach you. If you want to move a number to another provider, contact support@faxtofax.com before the number is released, and we will handle the request as applicable rules and our carrier's processes allow.

4.5 Availability and support

We work to keep the Service available and to fix problems promptly, but we do not promise that it will be uninterrupted or error-free. The Service may be unavailable during maintenance or because of problems with our providers or the telephone network. Unless a signed Enterprise order form says otherwise, there is no service level agreement or uptime commitment. Support is available by email at support@faxtofax.com.

5. Your account and security

• You sign in with a one-time code sent to your email address; there are no passwords. Anyone who controls your email account can request a code, so keep your email account secure and turn on two-step verification in FaxToFax. Account owners can require two-step verification for everyone on their team.
• You are responsible for your Users, the roles you give them, and all activity under your account. Give access only to people who need it, and remove people promptly when they no longer need it.
• Do not share sign-in codes or verification codes, and do not let anyone use another person's access.
• Choose settings that suit your obligations, including the automatic sign-out period (15, 30 or 60 minutes of inactivity), two-step verification, roles and retention.
• Tell us straight away at security@faxtofax.com if you suspect that someone has accessed your account without permission.

6. Your data and your responsibilities

6.1 You own your data

You keep all rights in your Customer Data. You give us a worldwide, non-exclusive, royalty-free licence, for as long as we provide the Service to you, to host, store, copy, transmit, convert (for example into fax format), display and otherwise process Customer Data only as needed to provide, secure and support the Service, to comply with the law, and as described in these Terms, the Data Processing Addendum and, where signed, the Business Associate Agreement. We do not sell Customer Data, use it for advertising, or use it to train artificial intelligence models.

6.2 What you are responsible for

• Having all the rights, permissions and legal grounds needed to send, receive and store the content you use with the Service, and to let us process it.
• Entering fax numbers correctly and checking them before you send. A fax sent to a wrong number that you entered is your responsibility. For sensitive documents, use a cover page with a confidentiality notice.
• Complying with the laws and professional rules that apply to you, including health privacy, professional confidentiality, record-keeping and fax advertising laws.
• Choosing a retention period that meets your legal obligations, and exporting anything you need to keep before it is deleted.
• Keeping your own copies of important documents. The Service is not a backup service.

6.3 Protected health information

If you are a covered entity or business associate under HIPAA, you must not use the Service to send, receive or store PHI until you have signed our Business Associate Agreement in Security & compliance. The Business Associate Agreement is available on Business and Enterprise plans only, so the Personal plan must not be used for PHI. Using the Service for PHI without a signed Business Associate Agreement is a breach of these Terms and is at your own risk.

6.4 Personal data

Where Customer Data includes personal data, we process it on your behalf as your processor or service provider under the Data Processing Addendum, which forms part of these Terms. For Account Data, we act as a controller, as described in our Privacy Policy.

7. Acceptable use

You must follow our Acceptable Use Policy. In particular, you must not send unsolicited advertising faxes, you must comply with the Telephone Consumer Protection Act and the Junk Fax Prevention Act and similar laws in other countries, and you must not use the Service for fraud, harassment, toll fraud or attempts to get around our security. We add sender identification (name, number, date and time) to each page you send, as 47 U.S.C. §227(d) requires; you must make sure the name and number on your account are accurate.

8. Plans, prices and payment

8.1 Plans and prices

Prices are in U.S. dollars and do not include taxes, which we add where applicable. Current prices are shown on our pricing page and at checkout, and are set out below and in our Billing, Renewal & Cancellation Policy.

Pages you send and pages you receive both count toward your monthly page allowance. Extra fax numbers can be added to any plan for $5 for the first month and then $10 per month for each number. Extra numbers are billed monthly on their own billing date, including when your plan is billed annually.

8.2 Automatic renewal

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL), AND WE WILL CHARGE YOUR PAYMENT METHOD THE REGULAR PRICE THEN IN EFFECT, PLUS ANY EXTRA PAGES, EXTRA NUMBERS AND APPLICABLE TAXES, UNTIL YOU CANCEL. The introductory price applies to your first month only. From the second month, monthly plans renew at $18.99 per month (Personal) or $39.99 per month (Business). Annual plans renew at $189.96 per year (Personal) or $399.96 per year (Business). By subscribing, you authorize us, through our payment processor Stripe, to charge your payment method on this recurring basis until you cancel. You can cancel online at any time, as described in section 9.

After you buy, we send a confirmation email that includes the renewal terms and how to cancel. If you are on an annual plan, we email you a reminder before each renewal.

8.3 Payments are non-refundable

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. WE DO NOT GIVE REFUNDS, CREDITS OR PRORATED AMOUNTS FOR PARTIAL BILLING PERIODS, DOWNGRADES, REMOVED NUMBERS OR TIME IN WHICH YOU DID NOT USE THE SERVICE, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW. Nothing in these Terms takes away rights you have under consumer protection law that cannot be excluded by contract, including the right described in section 8.4.

8.4 Right of withdrawal for consumers in the EU and UK

If you are a Consumer living in the European Union or the United Kingdom, the law gives you the right to withdraw from this contract within 14 days of the day the contract is made, without giving a reason. When you subscribe, we ask you to confirm that you expressly request that we start providing the Service immediately, within the 14-day period, and that you acknowledge the following:

• if you withdraw within the 14 days after the Service has started, you must pay for the Service provided up to the time you tell us you are withdrawing, calculated in proportion to the full price of the contract, and we will refund the rest of what you paid; and
• you lose your right of withdrawal once the Service has been fully performed.

To withdraw, send a clear statement of your decision to support@faxtofax.com before the 14 days end. You may use the model withdrawal form in our Billing, Renewal & Cancellation Policy, but you do not have to. We will refund any amount due within 14 days of receiving your notice, using the same payment method you used, without any fee. This right applies only to Consumers; it does not apply to organizations or to individuals using the Service for business.

8.5 Taxes

Prices exclude value added tax, sales tax and similar taxes. Where we are required to collect these taxes, we add them to your invoice. You are responsible for any taxes that apply to your purchase, other than taxes on our income.

8.6 Failed payments

If a payment fails, we automatically retry it after 2, 5 and 7 days, and we may email you so you can update your payment details. If the payment still fails, sending is paused until you update your card in Plan & billing; faxes you have received are kept. If the amount remains unpaid, we may cancel your subscription after giving you notice. You remain responsible for amounts that are due.

8.7 Price changes

We may change our prices. We will email the account owner at least 30 days before a new price applies to your subscription, and the new price will take effect from your next renewal after that notice period. If you do not want to pay the new price, you can cancel before it takes effect. The move from an introductory price to the regular price is not a price change.

8.8 Card payments

Card payments are processed by Stripe, Inc., a PCI DSS Level 1 payment processor. FaxToFax never stores full card numbers. Stripe's own terms and privacy policy apply to its processing.

8.9 Disputed charges

If you think a charge is wrong, please contact support@faxtofax.com before disputing it with your bank, so we can look into it. While a chargeback is open, we may suspend the account concerned.

9. Cancellation, suspension and termination

9.1 Cancelling your subscription

The account owner can cancel at any time online in Plan & billing. You do not need to call or write to us. Cancellation takes effect at the end of your current paid period: you keep access until then and you will not be charged again. We send a confirmation email when you cancel. When the paid period ends, your fax numbers are released, the Service stops sending and receiving faxes for your account, and stored faxes continue to be deleted according to your retention setting. Export anything you want to keep before the period ends.

9.2 Closing your account

The account owner can export all of the account's data and close the account at any time. Closing the account ends the Service immediately and permanently deletes fax documents and personal data, except invoices, billing records and audit records that we are required by law to keep. Closing an account cannot be undone and does not entitle you to a refund for the rest of a paid period.

9.3 Suspension by us

We may suspend all or part of the Service, immediately if necessary, if: (a) we reasonably believe you or your Users have breached the Acceptable Use Policy or are using the Service for fraud or abuse; (b) your account poses a security risk to the Service or to others; (c) a payment is overdue, as described in section 8.6; or (d) the law, a regulator or a carrier requires it. Where it is lawful and practical, we will tell you why and restore the Service once the issue is resolved.

9.4 Termination by us

We may terminate your subscription if you materially breach these Terms and do not fix the breach within 15 days after we notify you, or immediately for serious or repeated breaches of the Acceptable Use Policy, fraud or unlawful use. We may also stop offering the Service by giving you at least 60 days' notice; in that case we will refund prepaid fees for the period after the Service ends where applicable law requires it.

9.5 What happens after termination

When your subscription ends for any reason, your right to use the Service ends. If termination is not because of your breach, you will have a reasonable opportunity to export your data before it is deleted, unless the law prevents it. Sections that by their nature should continue, including sections 6, 8 (for amounts owed), 11 and 13 to 18, survive termination.

10. Third-party providers and networks

We use carefully selected providers to run the Service, listed in our Data Processing Addendum (Annex 3). We are responsible for our subprocessors as set out in the Data Processing Addendum and Business Associate Agreement. Faxes also pass through public telephone networks and arrive on recipients' equipment, which we do not operate or control, and we are not responsible for them.

11. Intellectual property

We and our licensors own the Service, including its software, design and the FaxToFax name and logo. While your subscription is active, we give you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You must not copy, modify, resell or reverse engineer the Service, except where the law allows it despite this restriction or as permitted by our Vulnerability Disclosure policy. If you send us feedback or suggestions, we may use them without any obligation to you.

12. Confidentiality

We treat Customer Data as confidential. Only authorized personnel may access it, and only where needed to provide or secure the Service, to help you when you ask us to, to investigate abuse or a security incident, or to comply with the law.

13. Disclaimers

To the extent the law allows, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation and delivery of any particular fax. Templates, sample notices, articles and other guidance we provide are general information, not legal, medical or compliance advice. Using the Service does not, on its own, make you compliant with HIPAA or any other law; you remain responsible for your own compliance. Nothing in this section limits rights that Consumers have under law that cannot be excluded.

14. Limitation of liability

14.1 Business customers

If you use the Service for business, then to the extent the law allows: (a) neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, or the cost of substitute services, even if told they were possible; and (b) each party's total liability arising out of or relating to these Terms is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the liability. These limits do not apply to your obligation to pay fees, your obligations under section 15, your breach of the Acceptable Use Policy, or liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

14.2 Consumers

If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses. We do not exclude or limit our liability where it would be unlawful to do so.

14.3 Deadlines

We are not liable for the consequences of a fax not arriving, or not arriving on time, where this is caused by matters outside our reasonable control, including the recipient's line or equipment, an incorrect number, or the public telephone network.

15. Indemnity

If you use the Service for business, you will defend us and pay any losses, damages, fines, penalties and reasonable legal costs arising from a third-party claim or regulatory action relating to your Customer Data, the faxes you or your Users send, or your breach of these Terms, the Acceptable Use Policy or the law, including claims under fax advertising laws. We will tell you promptly about the claim, let you control the defence, and give you reasonable help at your cost. This section does not apply to Consumers except to the extent the law allows.

16. Changes to these Terms

We may update these Terms from time to time. For material changes, we will notify account owners by email or in the app at least 30 days before the changes take effect. Changes needed to comply with the law or to address security risks may take effect sooner. If you do not agree with a change, you can cancel before it takes effect; if you keep using the Service after that, the updated Terms apply. The date at the top of this page shows when the Terms were last updated.

17. Governing law and disputes

If you have a concern, please contact support@faxtofax.com first; we will try to resolve it informally within 30 days. These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, and are subject to the exclusive jurisdiction of the courts located in Toronto, Ontario. If you are a Consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts of that country.

18. General

• Entire agreement: these Terms and the documents referred to in them are the entire agreement between you and us about the Service, and replace any earlier discussions.
• Assignment: you may not transfer your rights or obligations without our written consent. We may transfer ours as part of a merger, acquisition, reorganization or sale of assets, and will tell you if we do.
• Events outside our control: we are not responsible for delays or failures caused by events beyond our reasonable control, such as telephone carrier or internet outages, power failures, natural disasters, war, terrorism, government action or cyber attacks that we could not reasonably prevent.
• Notices: we may send notices by email to the account owner or in the app. You can send notices to support@faxtofax.com, or privacy@faxtofax.com for privacy matters; legal notices are sent to the same addresses.
• Electronic communications: you agree that agreements, notices and other communications we provide electronically satisfy any requirement that they be in writing.
• Sanctions and export laws: you must comply with sanctions and export control laws that apply to you or to us, and you confirm that you are not a person with whom we are prohibited from dealing under those laws.
• Severability and waiver: if any part of these Terms is found unenforceable, the rest remains in effect. If we do not enforce a right straight away, we can still enforce it later.
• Relationship: we are independent contractors. No one else has rights under these Terms, except as stated in the Data Processing Addendum.
• Language: these Terms are written in English. If we provide a translation, the English version prevails to the extent the law allows.

19. Contact

FaxToFax.com · support@faxtofax.com

• Support and billing: support@faxtofax.com
• Privacy and data requests: privacy@faxtofax.com
• Security reports: security@faxtofax.com