Terms of service

These terms are the agreement between you and us when you use Faxpresso. We've written them in plain words. Please read them, especially the parts about fair use, cancelling, and what we're not responsible for.

1. Who we are

Faxpresso is a service of DYKOS Media Inc, a New York corporation at 1957 E 29th St, Brooklyn, NY, USA ("we", "us", "our"). "You" means the person or business that creates a Faxpresso account. If you create an account for a business, you confirm you're allowed to accept these terms for it, and "you" includes that business.

These terms include our fair use page, our acceptable use policy and our privacy policy. By creating an account or using Faxpresso you agree to all of them.

2. Your account

• You must be at least 18 and able to enter into a contract.
• Give us accurate details, including a working email address, and keep them up to date. We send important notices there.
• Keep your sign-in details safe. You're responsible for what happens in your account, including faxes sent by anyone you let use it. Tell us straight away at [email protected] if you think someone else has got in.
• One account can hold several numbers. Please don't open extra accounts to get around limits.

3. What Faxpresso does

Faxpresso gives you a fax number and lets you send and receive faxes through our website and apps. Received faxes are stored in your account and, if you choose, emailed to you as PDFs.

• Where you can fax: fax numbers in the United States and Canada. We may add other places later.
• How faxing works: faxes travel over the public phone network and depend on the other fax machine, the phone companies in between, and the quality of the document. Most faxes go through, but no fax service can promise every fax will be delivered, delivered on time, or perfectly legible. We tell you when a fax is delivered or fails, and failed faxes don't count toward your pages.
• Junk-fax filter: the filter sorts incoming faxes automatically, using software that includes AI. It will sometimes get it wrong, so check your Spam folder for faxes you expect. You can turn the filter off.
• Apps: our iPhone and Android apps are free to download and use the same account. The app stores' own terms also apply to downloading them.
• We use other companies to provide parts of the service, such as phone carriers, hosting, email delivery and payments. They work for us under contract.

4. Your fax number

• Choosing a number: you pick a number from the ones available when you sign up. Phone numbers are assigned under telephone industry rules, so you have the right to use the number while your account is active, rather than owning it outright.
• Bringing your number (porting in): we'll ask your current provider to move your number to Faxpresso. There's a one-time service fee of $10 per number, charged when we send the request, and refunded if the number can't be moved. You must be authorised to move it, and the details you give must match your current provider's records. We can't control your current provider's timing or decisions, and we can't promise every number can move. We give you a temporary number to use in the meantime.
• Taking your number elsewhere (porting out): you may move your number to another provider while your account is active or during the 30-day hold after cancelling. There's a one-time service fee of $10 per number, charged to your card on file after the move. We never delay or block a valid request in order to collect it. Moving a number out doesn't cancel your Faxpresso plan by itself; cancel it in Settings.
• After you leave: when a number is released, it may later be given to someone else. Your faxes stay with your account, not the number, so a new holder of the number can never see them.
• We may need to change a number if a carrier or regulator requires it. If that happens, we'll tell you as early as we can and help you move to a new one.

5. Price and billing

• Price: each fax number costs the monthly price shown on our pricing page when you sign up (at launch, $14.99 a month), plus sales tax where it applies. There are no per-page charges and no setup fee. Moving a number in or out has a one-time $10 service fee per number (section 4).
• Paid monthly in advance: you pay for your first month when you sign up. After that we charge the card you saved on the same date each month.
• Automatic renewal: your plan renews every month until you cancel. By signing up you authorise us to charge your saved card each month for your plan, any extra numbers and applicable taxes. Cancel any time in Settings to stop future charges.
• Extra numbers: a number added part-way through a month is charged for the rest of that month (prorated) on your next bill, then monthly with the rest of your plan.
• Payments are processed by Square. We don't store your full card number.
• If a payment fails, we email you and try again on days 3, 7 and 14. If it still fails, sending pauses; you keep receiving faxes for 30 days so you can update your card. After that your account and numbers are treated as cancelled (see section 10).
• Billing questions: if you think a charge is wrong, email [email protected] within 60 days. Please talk to us before disputing a charge with your bank, so we can fix it quickly.

6. Pages and fair use

Each number includes 500 pages a month, counting pages sent and received together, as explained on our fair use page. We never charge for extra pages. Instead:

• We email you at 80% and at 100% of your pages.
• After 500 pages, you can send up to 100 pages a day. At 1000 pages, sending pauses until your next billing date, unless we agree to lift it.
• We never stop delivering faxes sent to you because of your page count.
• For their first 30 days, new accounts can send up to 25 pages a day, to US and Canadian numbers.
• A page is one physical page. Cover pages count. Received junk faxes count, including ones moved to Spam. Faxes that fail to send don't count.

Fair use means the normal faxing of one business or office per number. If your use is far beyond that, we'll contact you to agree a better arrangement, such as more numbers or a custom plan.

7. How you may use Faxpresso

You must follow our acceptable use policy and the law. In particular:

• You are responsible for the faxes you send and for having the right to send them.
• Junk-fax laws apply to you. In the US, the Telephone Consumer Protection Act and the Junk Fax Prevention Act restrict sending advertisements by fax. You're responsible for getting any permission they require, including opt-out notices, and for honouring opt-outs.
• Don't use Faxpresso for anything fraudulent, harassing or illegal, and don't try to break, overload or get around the limits of the service.
• Don't resell the service or numbers without our written agreement.

8. Your faxes and content

• Your faxes are yours. We don't claim ownership of anything you send or receive.
• You give us permission to store, process, convert, transmit and display your faxes, and to email them where you've asked us to, only so we can run Faxpresso for you. This includes automated processing by the junk-fax filter.
• Our staff look at your faxes or account only when you ask for help, when we need to investigate abuse or a security problem, or when the law requires it.
• We handle personal information as described in our privacy policy.

9. Keeping and deleting faxes

• We keep your faxes for one year, then delete them automatically. You can delete any fax sooner.
• You can download your faxes at any time, including all of them at once as a ZIP of PDFs.
• Faxpresso isn't a records archive. If you need to keep faxes longer, for legal or business reasons, download and store your own copies.
• Deleted faxes may remain in our backups for up to 30 days before they're overwritten.

10. Cancelling, deleting your account, and refunds

• You can cancel any time in Settings, in two clicks. No phone call is needed. You can also release a single number from the Numbers page.
• After you cancel, your service continues to the end of the month you've paid for, and then stops. We don't charge you again.
• We hold your number for 30 days after your service ends, in case you change your mind or want to move it to another provider. Then we release it, and delete your faxes and account data, apart from records we must keep by law (such as invoices).
• Deleting your account: you can delete your account at any time in Settings, in the app or on the web, or by request at faxpresso.com/delete-account. Deleting is immediate: your plan is cancelled with no further charges, your numbers are released, and your faxes and account data are deleted. We keep only the billing records the law requires. If you want to keep your faxes or a number, download the faxes and move the number first.
• Refunds: because each month is paid in advance and you can cancel any time, we don't normally refund part of a month. If something has gone wrong on our side, email [email protected] and we'll make it right, which may include a refund. This doesn't affect any refund rights you have by law.

11. When we can limit or close an account

We may limit sending, suspend or close an account if:

• it breaks these terms or the acceptable use policy, for example by sending junk faxes;
• payment fails, as described in section 5;
• we reasonably believe it's being used for fraud, or to harm others or the service; or
• the law, a regulator or a phone carrier requires it.

Where we can, we'll tell you first and give you a chance to fix the problem. Unless the law or an emergency stops us, we'll keep delivering faxes sent to you while we sort it out, and give you a chance to download your faxes before closing an account. If we close your account without a good reason under this section, we'll refund the unused part of your current month.

12. What Faxpresso isn't for

• Patient health information. Faxpresso isn't HIPAA compliant, and we don't sign Business Associate Agreements. Don't use it to send, receive or store protected health information (PHI). If you do, it's at your own risk and responsibility.
• Emergencies. Faxpresso can't be used to contact 911 or other emergency services.
• Time-critical or legally required delivery. Don't rely on Faxpresso alone when missing or delaying a fax would cause serious harm, such as a court deadline. Keep the delivery confirmation and use a second method where it matters.
• Other regulated information, such as card numbers. If a law or industry rule requires special security controls for what you're faxing, it's your responsibility to decide whether Faxpresso is suitable.

13. Changes to the service and prices

• We improve Faxpresso over time, and may add, change or remove features. We won't make a change that takes away a core part of the service you pay for without telling you first.
• Price changes: we'll email you at least 30 days before a price increase takes effect for you. If you don't want to pay the new price, you can cancel before it starts.
• Changes to these terms: if we make an important change, we'll email you at least 30 days before it takes effect. If you keep using Faxpresso after that, the new terms apply. If you don't agree, you can cancel before they start.

14. Disclaimer

We work hard to keep Faxpresso reliable and secure, but we provide it "as is" and "as available". To the extent the law allows, we don't make promises beyond those in these terms. In particular, we don't promise that the service will be uninterrupted or error-free, that every fax will be delivered or legible, or that the junk-fax filter will catch every junk fax or never move a real one. Some places don't allow these exclusions, so some of them may not apply to you.

15. Limits on our liability

To the extent the law allows:

• We aren't liable for indirect or consequential losses, such as lost profits, lost business or lost data, or for losses caused by a fax that wasn't delivered, was delayed, or was moved to Spam.
• Our total liability to you for all claims about Faxpresso is limited to the amount you paid us in the 12 months before the event that caused the claim.
• We aren't responsible for delays or failures caused by things outside our reasonable control, such as phone network outages, the other fax machine, power or internet failures, or acts of government.

Nothing in these terms limits liability that can't be limited by law, such as for fraud.

16. Your responsibility for claims

If someone makes a claim against us because of faxes you sent, or because you broke these terms or the law (for example, a junk-fax claim), you agree to cover our reasonable costs and losses from that claim, including reasonable legal fees. We'll tell you promptly about any such claim and let you help respond to it.

17. Disputes and governing law

• If you have a problem, please email [email protected] first. Most issues can be sorted out quickly.
• These terms are governed by the laws of the State of New York, without regard to its conflict of law rules.
• Any dispute will be decided by the state or federal courts located in Kings County, New York, and both of us agree to their jurisdiction. Either of us may instead bring a claim in a small claims court where it qualifies.
• If you're a consumer, you keep any rights the law of your home state gives you that can't be removed by contract.

18. Using this website and the waitlist

• Joining the waitlist is free and doesn't commit you to anything. It doesn't reserve a particular number.
• Prices and features on this site describe what we offer at launch. We'll confirm them before you're asked to pay.
• Please don't misuse the site: don't sign up other people without their permission, flood the forms, try to break in, or copy the site.
• The Faxpresso name, logo and site content belong to us. You may link to the site.

19. General

• Whole agreement: these terms, with the pages they include, are the whole agreement between us about Faxpresso.
• Notices: we'll send notices to the email address on your account. You can reach us at the addresses in section 20.
• Transfer: you can't transfer your account to someone else without our agreement. We may transfer these terms to a company that takes over Faxpresso, and we'll tell you if that happens.
• If part is invalid: if a court decides part of these terms can't be enforced, the rest still applies.
• No waiver: if we don't enforce part of these terms straight away, we can still enforce it later.

20. Contact

Help with your account: [email protected]
Billing: [email protected]
Everything else: [email protected]
By post: DYKOS Media Inc, 1957 E 29th St, Brooklyn, NY, USA