Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BetterFax.com LLC, a Wyoming limited liability company ("BetterFax," "we," "us," or "our"), governing your use of our online fax service, website, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

2. Service Description

BetterFax provides a cloud-based online fax service that allows users to send and receive faxes via the internet without the need for traditional fax machines. Our Service includes:

• Online fax transmission and reception
• Dedicated fax numbers (local and toll-free)
• Document storage and management
• Email-to-fax and fax-to-email capabilities
• Mobile and web access
• API integration capabilities

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

3.2 Account Creation

To use our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Free Trial

We offer a 5-day free trial for new users. During the trial period:

• No credit card is required to start the trial
• You have access to all features of your selected plan
• You may cancel at any time without charge
• The trial automatically expires after 5 days unless you subscribe to a paid plan
• Each user is entitled to one free trial per email address

5. Subscription Plans and Pricing

5.1 Subscription Plans

We offer multiple subscription plans with varying features and pricing. Current pricing is available on our pricing page. We reserve the right to modify our pricing and plans at any time.

5.2 Billing and Payment

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide valid payment information
• Authorize us to charge your payment method on a recurring basis
• Pay any applicable taxes

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

5.4 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. Refund requests must be submitted within 30 days of your initial subscription payment. Subsequent renewal payments are non-refundable.

6. Cancellation and Termination

6.1 Cancellation by You

You may cancel your subscription at any time through your account dashboard. Cancellations take effect at the end of the current billing period. You will retain access to the Service until the end of your paid period.

6.2 Termination by Us

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Abuse of the Service or excessive use beyond reasonable limits
• Any reason we deem appropriate in our sole discretion

6.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your fax number(s) will be released and may be assigned to other users
• Your stored faxes will be deleted after 30 days
• You remain responsible for any outstanding fees

7. Acceptable Use Policy

You agree not to use our Service to:

• Send spam, unsolicited advertising, or bulk commercial messages
• Transmit illegal, harmful, threatening, abusive, or offensive content
• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or other harmful code
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems
• Use the Service for any illegal or unauthorized purpose

8. Intellectual Property

8.1 Our IP Rights

The Service, including all content, features, functionality, software, and design, is owned by BetterFax.com LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain all rights to the faxes and documents you transmit through our Service. By using our Service, you grant us a limited license to store, process, and transmit your content solely for the purpose of providing the Service.

8.3 Trademarks

BetterFax and all related logos and marks are trademarks of BetterFax.com LLC. You may not use our trademarks without our prior written permission.

9. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

10. HIPAA Compliance

If you are a covered entity under HIPAA and will be transmitting Protected Health Information (PHI) through our Service, you must execute a Business Associate Agreement (BAA) with us. Please contact us at info@betterfax.com to arrange for a BAA.

11. Service Availability and Uptime

While we strive to provide 99.99% uptime, we do not guarantee uninterrupted or error-free service. We reserve the right to:

• Perform scheduled maintenance with advance notice
• Suspend service for emergency maintenance
• Modify or discontinue features at any time

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERFAX.COM LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12.3 Transmission Disclaimer

We do not guarantee successful delivery of all faxes. Transmission may fail due to factors beyond our control, including but not limited to recipient fax machine errors, network issues, or telecommunications problems.

13. Indemnification

You agree to indemnify, defend, and hold harmless BetterFax.com LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content transmitted through the Service

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

14.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall take place in Wyoming. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis, and not as part of any class, consolidated, or representative action.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending you an email notification (for material changes)

Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BetterFax.com LLC regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms at any time without notice to you.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or governmental actions.

17. Contact Information

If you have questions about these Terms or need to contact us, please reach out: