Faximus Terms of Service

Version: 2026.10.27-r1

These Terms of Service (the Terms) are a contract between Faximus LLC, a South Carolina limited liability company (Faximus, we, us, or our), and the person or organization that creates an account, signs an order form, or uses the Services (Customer, you, or your).

Faximus provides cloud-based fax services through the web, email, application programming interfaces, and related tools. These Terms explain the rules that apply when you use those services.

1. The agreement

1.1 What is included

Your agreement with Faximus consists of:

• these Terms;
• any order form, online checkout, pricing page, or plan description that applies to your account;
• the Acceptable Use Policy;
• the API and Webhook Fair Use Policy;
• the Fax Delivery Disclaimer;
• the Terms of Sale, Billing, Refunds, and Credits;
• the Privacy and Cookie Policy;
• the Data Processing Addendum, when Faximus processes personal data for you;
• a Business Associate Agreement, available on request after review, but only when both parties sign one and Faximus confirms in writing that your account is enabled for HIPAA-regulated use;
• a Service Level Agreement, but only when your order form or plan description expressly says that it applies; and
• any other document that both parties sign and identify as part of the agreement.

Together, these documents are the Agreement.

1.2 Order of precedence

If two parts of the Agreement conflict, the following order controls for the subject matter of the conflict:

1. a signed Business Associate Agreement, for Protected Health Information;
2. the Data Processing Addendum, for processing personal data on Customer's behalf;
3. a signed order form or negotiated master agreement;
4. an applicable Service Level Agreement, for availability measurements and service credits;
5. the Terms of Sale, for prices, invoicing, payment, refunds, and credits;
6. these Terms; and
7. the other policies listed above.

A plan page or online checkout controls only the specific plan, price, quantity, and term shown when you purchase.

1.3 Acceptance

You accept the Agreement when you create an account, click an acceptance box, sign an order form, pay an invoice, access the Services, or allow someone to use the Services through your account. If you accept for an organization, you represent that you have authority to bind it. If you buy as an individual for personal, family, or household use, you accept only for yourself.

2. Eligibility and consumer use

The Services are offered to both organizations and individual consumers. You must be at least 18 years old, have legal capacity to enter a contract, and use the Services only for a lawful purpose.

A Consumer is an individual who buys or uses the Services primarily for personal, family, or household purposes. If you are a Consumer, mandatory consumer-protection law may give you rights that cannot be waived. Nothing in the Agreement limits those rights, and any conflicting provision applies only to the extent allowed by law.

You may not use the Services if you are barred by applicable law, are located in a comprehensively sanctioned jurisdiction, or are listed on a restricted-party list maintained by the United States or another authority that applies to the transaction.

3. The Services

3.1 Service description

Depending on your plan and account configuration, the Services may allow you to:

• send and receive faxes;
• upload, render, store, download, and manage documents;
• use a browser-based inbox and send interface;
• use email-to-fax or fax-to-email features where enabled;
• use an API, API credentials, callbacks, or webhooks;
• obtain, assign, port, or manage fax numbers;
• review transmission status, attempt history, and operational records; and
• use related support, compliance, reporting, and administrative tools.

Features may differ by plan, geography, number type, carrier, or account approval. A feature shown in documentation may not be available on every plan.

3.2 Changes to the Services

We may improve, change, add, or remove features. We will not materially reduce the core functionality of a paid plan during its current paid term without giving reasonable notice, except when a change is needed to address a security risk, comply with law, prevent abuse, respond to a carrier or vendor change, or protect the Services.

3.3 Beta and preview features

A feature labeled beta, preview, early access, test, experimental, or similar is provided as-is. It may be changed, rate-limited, suspended, or discontinued at any time. Unless an order form expressly says otherwise, beta features are not covered by an SLA, support commitment, warranty, indemnity, or service credit.

3.4 No emergency service

Faximus is not an emergency communications service. Do not use it as the only way to contact emergency services, deliver urgent clinical instructions, meet a court or regulatory deadline, or protect life, health, property, or public safety.

4. Accounts and security

4.1 Accurate account information

You must provide accurate and current registration, billing, contact, and sender-identification information. We may require identity verification, business verification where applicable, payment verification, or use-case information before enabling an account, number, destination, or high-volume feature.

4.2 Users and administrators

You are responsible for choosing account administrators, assigning access, removing users who no longer need access, and ensuring that each user follows the Agreement. An account administrator may act for the Customer and may access Customer data and settings.

4.3 Credentials

You must protect passwords, multi-factor authentication methods, API keys, webhook secrets, and other credentials. Do not share individual credentials, place secret keys in client-side software or public repositories, or use the same secret across unrelated systems.

You are responsible for activity performed through your account or credentials unless the activity results directly from Faximus's breach of the Agreement. Notify security@faximus.io promptly if you suspect unauthorized access or credential compromise.

4.4 Security controls

You must use reasonable security controls appropriate to the sensitivity of your data and use case. This includes access restrictions, secure endpoints, supported encryption, malware protection, prompt credential rotation, and appropriate workforce training.

5. Customer Content

5.1 Ownership

Customer Content means documents, fax content, recipient data, sender data, contact lists, metadata, instructions, and other information submitted to or generated through the Services for Customer. As between the parties, Customer owns Customer Content. Faximus owns the Services, software, documentation, and operational data that is not Customer Content.

5.2 Limited permission to process Customer Content

Customer gives Faximus and its subprocessors a limited, non-exclusive right to host, copy, render, transmit, route, store, retrieve, secure, troubleshoot, and otherwise process Customer Content only as needed to:

• provide, maintain, secure, and support the Services;
• follow Customer's documented instructions;
• prevent fraud, abuse, or security incidents;
• comply with law and valid legal process; and
• enforce the Agreement.

This permission ends when the content is deleted under the Agreement, except for copies retained in backups, legal holds, security records, or records that law requires us to keep.

5.3 Customer's responsibility for content and recipients

Customer is responsible for:

• the accuracy, legality, and quality of Customer Content;
• choosing the correct recipient and fax number;
• having a lawful basis to collect, use, and transmit the content;
• having all rights, permissions, consents, and authorizations needed for each transmission;
• complying with confidentiality, privacy, telecommunications, advertising, professional, records-management, and sector-specific laws; and
• keeping its own copies of documents and records it must retain.

Faximus does not review every fax and does not decide whether a communication is legally permitted, clinically appropriate, complete, or addressed to the right person.

5.4 No rights obtained from Customer Content

Except for the limited permission above, Faximus does not obtain ownership of Customer Content. Faximus will not use Customer Content to train a general-purpose artificial intelligence model or for independent advertising purposes without Customer's express written permission.

6. Communications law and sender responsibility

As between Customer and Faximus, Customer controls the content, recipient, timing, purpose, and legal basis for each outbound fax. Customer is responsible for compliance with the Telephone Consumer Protection Act, the Junk Fax Prevention Act, 47 U.S.C. 227, 47 C.F.R. 64.1200, sender-identification requirements, opt-out requirements, and similar laws in each relevant jurisdiction.

The Agreement allocates responsibility between the parties; it does not change rights that a recipient or regulator may have under law.

Customer must comply with the Acceptable Use Policy, including its rules for promotional faxes, sender identification, consent records, suppression lists, and opt-out requests.

7. Protected Health Information and regulated data

7.1 PHI requires a signed BAA and enabled account

You may submit Protected Health Information (PHI) only when all of the following are true:

• your plan is expressly identified as BAA-eligible;
• Customer and Faximus have signed a Business Associate Agreement;
• Faximus has confirmed in writing or in the product that the specific tenant or account is enabled for HIPAA-regulated use; and
• Customer follows the BAA and all applicable product configuration requirements.

PHI is prohibited on free, trial, sandbox, test, or non-BAA accounts.

7.2 Customer remains responsible for its HIPAA role

Customer is responsible for determining whether it is a covered entity, business associate, or other regulated party; applying the minimum-necessary standard; choosing lawful recipients; managing authorizations and restrictions; and carrying out duties that HIPAA assigns to Customer.

A BAA does not make every Customer use compliant. Faximus does not provide medical advice, determine the minimum necessary content of a document, or verify that a recipient is authorized to receive PHI.

7.3 Other regulated information

Unless Faximus agrees in writing, the Services are not designed as a system of record for payment-card data, bank login credentials, biometric templates, classified information, export-controlled technical data, or records governed by 42 C.F.R. Part 2. Do not place full payment-card numbers, authentication secrets, or unnecessary sensitive data in fax metadata, filenames, API parameters, webhook URLs, or support messages.

8. API, webhook, and email features

Use of APIs and webhooks is subject to the API and Webhook Fair Use Policy. Customer must use documented interfaces, honor rate and concurrency limits, use idempotency protections, verify webhook authenticity when a signing method is provided, and design for retries, duplicates, delay, and out-of-order events.

Email-based fax features depend on email delivery and authentication outside Faximus's control. Customer must protect approved sender mailboxes and must not assume that an email receipt proves that Faximus accepted or delivered a fax.

9. Fax numbers, carriers, and third-party services

9.1 Telecommunications dependencies

The Services depend on telecommunications carriers, the public switched telephone network, internet providers, cloud providers, identity providers, payment processors, and recipient equipment. These parties may reject, delay, reroute, filter, suspend, or terminate traffic. Faximus is not responsible for a third party's systems except to the extent the Agreement expressly says otherwise.

9.2 Fax numbers

A fax number is licensed for use with the Services; it is not sold to Customer. Number availability, portability, geographic use, caller or sender identification, toll-free verification, and continued assignment depend on law, numbering authorities, and carrier rules.

Customer must provide accurate porting and ownership information. Faximus may reclaim or release a number after account termination, nonpayment, abuse, regulatory action, or a required carrier change. We will use reasonable efforts to provide advance notice when practical.

9.3 Third-party terms

Some optional integrations or services may require Customer to accept third-party terms. Faximus is not responsible for a third-party product selected or controlled by Customer.

10. Fees and taxes

Fees, usage measurement, invoicing, payment authorization, taxes, refunds, credits, renewals, cancellation, and billing disputes are governed by the Terms of Sale and any applicable order form. Except where required by law or expressly stated in the Agreement, fees are non-refundable.

11. Support

Support channels and response targets depend on your plan. Unless an order form states otherwise, support targets are goals, not guarantees, and do not create service credits. Customer must provide enough information to investigate a problem and must cooperate with reasonable troubleshooting steps.

12. Confidentiality

12.1 Definition

Confidential Information means non-public information disclosed by one party to the other that is marked confidential or reasonably should be understood to be confidential. It includes Customer Content, non-public security information, product roadmaps, private pricing, credentials, business plans, and the non-public terms of negotiated agreements.

Confidential Information does not include information that the receiving party can show:

• became public without breach of the Agreement;
• was lawfully known without a duty of confidentiality;
• was received lawfully from another source without a duty of confidentiality; or
• was independently developed without using the disclosing party's Confidential Information.

12.2 Protection and use

The receiving party will use Confidential Information only to perform or exercise rights under the Agreement. It will protect the information with at least reasonable care and disclose it only to personnel, professional advisers, and service providers who need it and are subject to confidentiality obligations.

12.3 Required disclosure

A party may disclose Confidential Information when law or valid legal process requires it. Where legally permitted, the receiving party will give prompt notice and reasonable assistance so the disclosing party may seek protection.

13. Intellectual property

13.1 Faximus property

Faximus and its licensors own the Services, software, interfaces, documentation, designs, trademarks, and related intellectual property. The Agreement gives Customer a limited, non-exclusive, non-transferable right to use the Services during the subscription term for Customer's permitted personal, household, business, professional, organizational, or developer purposes, subject to the Agreement.

13.2 Restrictions

Except where law does not allow the restriction, Customer may not:

• copy, modify, or create derivative works from the Services;
• reverse engineer or attempt to discover source code or non-public interfaces;
• bypass security, access, metering, or usage controls;
• scrape the Services or access them through an undocumented interface;
• resell, sublicense, timeshare, or provide the Services to third parties without written permission; or
• remove proprietary notices.

13.3 Feedback

Customer may provide suggestions or feedback. Faximus may use voluntary feedback without restriction or payment, but will not identify Customer publicly without permission.

13.4 Customer names and logos

Faximus will not publish Customer's name or logo as a customer reference without Customer's permission.

14. Monitoring, suspension, and restrictions

Faximus may monitor service metadata and account activity to operate the Services, meter usage, secure the platform, investigate abuse, and comply with law. We will access fax content only when reasonably necessary for support authorized by Customer, security response, abuse investigation, legal compliance, or as otherwise allowed by the Agreement.

We may rate-limit, reject, quarantine, suspend, or restrict an account, credential, number, destination, job, or feature when reasonably necessary to:

• address an actual or suspected security incident;
• stop fraud, spam, unlawful traffic, or AUP violations;
• protect Faximus, carriers, recipients, or other customers;
• comply with law, legal process, or a carrier instruction;
• address nonpayment; or
• prevent material harm to the Services.

When practical and lawful, we will give notice and a reasonable opportunity to cure. We may act immediately for urgent security, legal, payment-fraud, or abuse risks.

15. Term and termination

15.1 Term

These Terms begin when Customer first accepts the Agreement and continue while Customer has an account, active order, or unpaid obligation.

15.2 Customer termination

Customer may cancel as described in the Terms of Sale or applicable order form. The Terms of Sale explain how to stop automatic renewal and, where available or required, how to end service sooner. Cancellation does not erase fees already incurred or prevent charges that were authorized before the effective cancellation date.

15.3 Faximus termination

Faximus may terminate the Agreement for material breach if Customer does not cure the breach within 10 days after notice, unless the breach cannot be cured or immediate termination is reasonably necessary for security, legal compliance, fraud, abuse, or protection of third parties. We may terminate a free, trial, or inactive account at any time on reasonable notice.

15.4 Effect of termination

At termination:

• Customer's right to use the Services ends;
• unpaid amounts become due;
• Customer should export content it wishes to keep;
• Faximus will handle Customer Content under the Data Retention and Deletion Schedule, DPA, and BAA; and
• provisions that by their nature should survive will survive, including payment, confidentiality, intellectual property, disclaimers, indemnity, liability limits, disputes, and retention obligations.

Unless law, a BAA, legal hold, or order form requires otherwise, Faximus may provide a 30-day period after termination for an administrator to request a reasonable export of available Customer Content. Faximus may charge reasonable professional-services fees for a custom or large-scale export.

16. Warranties and disclaimers

16.1 Mutual authority warranty

Each party warrants that it has authority to enter the Agreement.

16.2 Faximus limited warranty

For a paid production plan, Faximus warrants that the Services will perform in all material respects according to the then-current documentation. Customer's contractual remedy for a verified breach is for Faximus to use reasonable efforts to correct the problem or, if correction is not commercially reasonable, allow Customer to terminate the affected service and receive a refund of prepaid fees for the unused portion of the affected term. A Consumer also keeps any non-waivable warranty or remedy provided by applicable law.

16.3 Disclaimers

Except for the express warranty above and any non-waivable warranty required by law, the Services are provided as is and as available. Faximus disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and warranties arising from course of dealing or usage of trade.

Faximus does not warrant that:

• every fax will be delivered, received, legible, timely, or sent to the intended person;
• a delivery status will be accepted as legal proof;
• the Services will be uninterrupted, error-free, or immune from security incidents;
• a telephone number will remain available or portable; or
• the Services satisfy every law or professional obligation that applies to Customer.

The Fax Delivery Disclaimer provides additional important limitations.

17. Indemnification

17.1 By Customer

To the extent allowed by law, Customer will defend Faximus and its affiliates, personnel, and providers against a third-party claim arising from:

• Customer Content;
• Customer's recipient selection, fax campaign, consent, opt-out, sender identification, or communications-law compliance;
• Customer's unlawful or unauthorized collection, use, or disclosure of data;
• Customer's violation of the AUP or another person's rights; or
• use of the Services through Customer's account in breach of the Agreement.

Customer will pay damages, settlements, penalties, and reasonable legal fees finally awarded or agreed in a settlement Customer approves. Customer has no obligation to the extent the claim was caused by Faximus's breach, gross negligence, or willful misconduct.

17.2 By Faximus

For a paid production plan, Faximus will defend Customer against a third-party claim that Customer's authorized use of the unmodified Services infringes a United States patent, copyright, or trademark, and will pay damages and reasonable legal fees finally awarded or agreed in a settlement Faximus approves.

Faximus has no obligation for a claim caused by Customer Content, a Customer-directed design, combination with items not supplied by Faximus, use after notice to stop, use outside the Agreement, or a free or beta feature. Faximus may modify or replace the affected feature, obtain a right for continued use, or terminate the affected service and refund prepaid fees for its unused portion.

17.3 Process

The protected party must promptly notify the defending party, provide reasonable cooperation, and allow the defending party to control the defense and settlement. The defending party may not settle a claim in a way that admits fault by or creates a non-monetary obligation for the protected party without written consent.

18. Limitation of liability

18.1 Excluded damages

To the maximum extent allowed by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or anticipated savings, even if informed that such damages were possible.

18.2 General cap

Except for the exclusions below, each party's total liability arising out of the Agreement will not exceed the greater of:

• the fees paid or payable by Customer to Faximus for the 12 months before the event giving rise to the claim; or
• USD $100.

18.3 Matters outside the general cap

The general cap does not limit:

• Customer's obligation to pay fees;
• Customer's liability for unlawful fax advertising, consent, opt-out, privacy, or AUP violations;
• either party's fraud, willful misconduct, or gross negligence;
• Customer's infringement or misuse of Faximus's intellectual property; or
• liability that law does not allow the parties to limit.

Faximus's intellectual-property indemnity is subject to the general cap unless the infringement was willful.

18.4 Enhanced cap for confidentiality and protected data

For either party's breach of confidentiality, and for Faximus's breach of the DPA, BAA, or an express security obligation, total liability will not exceed the greater of:

• two times the fees paid or payable by Customer to Faximus for the 12 months before the event giving rise to the claim; or
• USD $5,000.

This enhanced cap does not limit liability that law does not allow the parties to limit.

18.5 Allocation of risk

The disclaimers and limits in the Agreement are part of the parties' bargain and apply even if a remedy fails of its essential purpose.

19. Disputes and governing law

Before filing a claim, a party must give written notice describing the dispute and allow at least 30 days for good-faith resolution, except for urgent injunctive relief, misuse of intellectual property, security threats, or collection of undisputed fees.

South Carolina law governs the Agreement, without regard to conflict-of-law rules. The state and federal courts located in Spartanburg County, South Carolina have exclusive jurisdiction, and each party consents to those courts.

To the extent allowed by law, each party knowingly waives a jury trial for a dispute arising from the Agreement. A Consumer does not waive a jury-trial right, venue protection, or other procedural right that applicable law does not allow the parties to waive.

A claim must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to it, unless law requires a longer period. This shortened period does not apply to unpaid fees, intellectual-property claims, fraud, Consumer claims where the period cannot lawfully be shortened, or any other claim that cannot legally be shortened.

20. Changes to the Agreement

Faximus may update online terms and policies. We will post the updated version and effective date. For a material change that negatively affects a paid Customer, we will provide at least 30 days' notice by email, in-product notice, or another reasonable method, unless a faster change is needed for law, security, abuse prevention, or a third-party dependency.

A material change will apply at the next renewal or 30 days after notice, whichever is later, unless Customer accepts it sooner. Continued use after the effective date constitutes acceptance where allowed by law. If affirmative consent is required for a Consumer or for a price or renewal change, Faximus will obtain it before applying the change. If Customer objects, Customer may stop using the affected Service and cancel before the change takes effect, without limiting any non-waivable right.

21. General terms

21.1 Notices

Operational notices may be sent to the account administrator or posted in the Services. Legal notices to Faximus must be sent to legal@faximus.io. Notices are effective when received.

21.2 Assignment

Customer may not assign the Agreement without Faximus's written consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets, if the assignee is not a competitor, is financially able to perform, and agrees in writing to the Agreement. Faximus may assign the Agreement in connection with a corporate reorganization, financing, merger, or sale of its business or assets.

21.3 Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil disorder, labor actions, internet or telecommunications failures, carrier outages, cloud-provider failures, government action, epidemics, or widespread cyberattacks. This section does not excuse Customer's obligation to pay amounts already due.

21.4 Independent parties

The parties are independent contractors. The Agreement does not create a partnership, joint venture, agency, fiduciary, employment, franchise, or exclusive relationship.

21.5 No third-party beneficiaries

Except for indemnified parties and rights expressly granted by the DPA, BAA, or incorporated standard contractual clauses, the Agreement does not give rights to anyone other than Customer and Faximus.

21.6 Severability and waiver

If a provision is unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest remains effective. A waiver must be in writing and applies only to the specific instance.

21.7 Entire agreement

The Agreement is the entire agreement about the Services and replaces prior or contemporaneous statements about the same subject. A purchase order is for administrative convenience only; its additional or conflicting terms do not apply unless Faximus signs them.

21.8 Electronic signatures and copies

Electronic acceptance, electronic signatures, and counterparts are valid and may be used together as one agreement.

22. Contact

Faximus LLC
Spartanburg County, South Carolina, United States
Legal: legal@faximus.io
Support: support@faximus.io
Security: security@faximus.io