General

The present Terms of Service regulate the use of FAXER (hereinafter, “the App”), which is owned and operated by Plekmin Trade, S.L., a private company with TAX ID number B72798879, and its registered office at 125 Rambla Catalunya, 08008, Barcelona and contact email: info@faxer.app (hereinafter, “the Company”, “We”, “Us”).

The use of the App attributes the status of User (hereinafter “the User”, “you”, “your”) and implies full acceptance of the present Terms of Service. If you do not agree with these Terms of Service, please stop using the App.

The Company may modify these Terms of Service at any time and without the need for prior notice to adapt them to new legislative or jurisprudential requirements and/or business needs. When We modify them, We will make them accessible through the App so that you are at all times aware of the updated text of the Terms of Service. We recommend that you review them regularly. By accepting this Terms of Service for the first time you are also accepting the Privacy and Cookie Policy, which regulates the collection and processing of your personal data, and any other terms and agreements applicable to the use of the App.

Object

The object of these Terms of Service is to regulate access to and use of Faxer. For the purposes of this Terms of Service, it is understood that the activity developed through the App includes, including but not limited to:

Sending documents and / or images as a fax to third parties (hereinafter “the Service”)

The access to and/or use of the App implies the acceptance of these Terms of Service, which will be binding on the Users. The User must carefully read these Terms of Service on each occasion that the User intends to use the App, as the Terms of Service may undergo modifications.

Terms of Use of the App

The User agrees to use the app, the contents, and the Service in accordance with the law, the morals, the good customs and the public order. Likewise, Users agree not to use the App or the information it contains for illicit purposes or those that are prohibited under this Terms of Service or that may be detrimental, harmful or onerous for the Company's and/or third parties' rights and interests. Likewise, they agree not to carry out any action that may damage, make useless, overload or impair the normal use of the app or that may prevent or hinder the normal use of the App by Users and/or third parties.

In particular, the User agrees not to transmit, disseminate or make available to third parties by any means, including through the App or the Service, any information, content, message, graphic, sound, image, drawing, data file, video and, in general, any kind of material that:

Is contrary, disdainful or harmful to constitutional rights and freedoms and/or the fundamental rights recognized internationally and in international conventions on the matter ratified by Spain.
Induces, incites or promotes criminal, denigratory, defamatory, pornographic, racist, xenophobic, obscene, violent, discriminatory, offensive, immoral or contrary to human dignity, minors, public order, investigation or violates intellectual or industrial property, the right to honor, privacy and self-image or any other applicable law; or that infringes the contractual or pre-contractual relationship with third parties.
Induces or may induce an unacceptable state in the user (consumption of prohibited substances, for example).
Is false, ambiguous, inaccurate, exaggerated or untimely that may mislead about its object or the intentions or purposes of the issuer.
Is protected by any right of intellectual or industrial property belonging to third parties without the User having the corresponding authorization.
Contradicts in any way the good faith or is illegal.
Incorporates viruses or other physical or electronic elements that may damage or impede the normal use of telecommunications networks, computer systems or the equipment of third parties.

User Obligations

The User is obliged to:

Make appropriate use of the App and the contents and services it offers, in accordance with: (i) the applicable legislation at any given time; (ii) these Terms of Service; (iii) the generally accepted moral standards and good customs; and (iv) public order.
Provide truthful information and be solely responsible for the communications and opinions that are disseminated or transmitted through the app and/or the Service.
Access the service by taking reasonably appropriate measures to prevent the propagation of viruses, worms, Trojan horses or any other kind of harmful or contaminating elements.
Not to transmit any element that could infringe the Company's and/or a third party's intellectual property rights through the App and/or the Service.
Refrain from making any conduct that could damage the image, interests and rights of the Company or third parties.
Refrain from accessing the reserved areas of the computer systems of the Company or third parties, and, where appropriate, unduly extracting information.
Refrain from performing acts that may overload, damage, or render useless the networks, servers, and other computer equipment (hardware) or computing products and applications (software) of the Company or third parties.
Bear in mind that the Service offered though this App is addressed at adults and, therefore, agrees that he/she is an adult in accordance with the laws and regulations of their birth or residence country. In case you are not an adult, please, discontinue using this App.

Intellectual and Industrial Property

All intellectual and industrial property rights over the App and its contents belong to the Company or third parties who have authorized its use or exploitation. All rights reserved. In this sense, the reproduction, distribution, commercialization, transformation and, in general, any other form of exploitation, by any means, in whole or in part, of said contents without the written authorization of their holders, is expressly prohibited.

The trademark “Faxer”, the commercial name “Faxer”, as well as the distinctive signs, whether or not they are registered, that appear on the App are the property of the Company. The acquisition of any right of use or exploitation of the App and/or its content beyond what is strictly necessary for the correct use of the App is not understood in any case. Therefore, the User is not authorized to delete, circumvent or manipulate the “copyright” or any other identification data of the Company's and/or its rightsholders rights incorporated into its contents, or the technical protection mechanisms, digital fingerprints or any information mechanisms that may be contained in the contents.

Limitation of Liability

The Company will not be liable in any way for the use that the User and/or third parties may make of the App and/or the Service offered through it, not for any damages and losses arising from:

The quality of the access and use of the App. The App may be accessed from different devices and telecommunications operators. The Company does not guarantee the availability and continuity of the App. Consequently, the Company will not be liable for any damages or losses arising from the lack of availability or accessibility to the App, as well as for any interruptions in the operation of the App or computer failures, phone disconnections, delays or blockages in the use of this electronic operating system caused by deficiencies, overload and errors in the internet telecommunications lines and networks or in any other electronic system, as well as from damages caused by third parties through illegitimate interference outside the control of the Company.
The quality of the Service offered. The Company does not guarantee that the App will be useful for the performance of any particular activity, or that the documents and/or images sent as a fax though the Service will be received by the recipients correctly or without errors.
The information and/or advice that Users include in the documents and/or images sent as a fax. The Company is not liable for the accuracy, truthfulness, validity and/or timeliness of any information included by the Users in the documents and/or images sent as fax to third parties through the Service. The Company does not endorse, verify or guarantee any information provided by Users and will not assume any type of liability in the event of damages or losses arising from the use of such information.
Failure to meet Users' expectations regarding the App and the Service it offers.
The infringement of the law, morals, and good customs or public order as a result of the transmission, dissemination, storage, making available, reception, obtaining or accessing the contents.
The infringement of intellectual and industrial property rights and industrial secrets, contractual commitments of any kind, rights to honor, personal and family privacy and self-image, property rights, and any other rights belonging to third parties due to the transmission, dissemination, storage, making available, reception, obtaining or accessing the contents of the App and/or the Service offered though it.
Performing acts of unfair competition and illicit advertising as a result of the transmission, dissemination, storage, making available, reception, obtaining or accessing the contents.
Lack of accuracy, exhaustiveness and/or timeliness, as well as the existence of vices and defects of any kind of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the App and/or the Service offered though it.
The inadequacy for any purpose and the defrauding of the expectations generated by the contents.
Breach of the duties assumed by third parties with regard to the contents and, in particular, by reason of the breach or non-compliance with, incorrectly or untimely fulfillment of intellectual property rights and intellectual property obligations assumed by third parties.
The realization of acts that constitute unfair competition and illicit advertising.
The inadequacy or inaccuracy of the information provided by the App regarding the Services offered through it.
Illegal services, content, information and/or advertising provided by third parties.

Service Availability

The Company endeavors to keep the App running, making its best commercial efforts to provide a quality service.

However, the Company does not guarantee, nor does it hold itself responsible for: (i) the continuity of the contents of the App and/or the Service offered through it; (ii) the absence of errors in said contents or the correction of any defect that may occur; (iii) the absence of viruses and/or other harmful components in the App or in the server that supplies it; (iv) the invulnerability of the App and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the App; and/or (vi) damages or losses derived from the lack of availability, security, or continuity of the App and/or the Service offered through it.

Subscription and Fees

The Service is offered through a freemium model and, therefore, some of its features require payment to access them. By subscribing to a paid plan, you agree to pay the applicable subscription fees as presented at the time of purchase.

Subscription fees are charged on a recurring basis (monthly or annually, depending on your selected plan) until you cancel your subscription. You authorize the Company and its payment processors to charge the subscription fee to your selected payment method.

The Company reserves the right to modify subscription fees at any time. If we increase subscription fees, we will provide you with reasonable advance notice. Your continued use of the Service after the fee increase goes into effect constitutes your agreement to pay the increased amount.

You may cancel your subscription at any time through your account settings or by contacting customer support at info@faxer.app. Cancellations take effect at the end of your current billing period. No refunds or credits will be provided for partial subscription periods.

Termination

The Company reserves the right to deny or withdraw access to the App and/or the Services offered, without prior notice, at the Company's own request or at the request of a third party, to those Users who breach these Terms of Service.

Hyperlinks

In the event that hyperlinks to other websites and/or digital content (hereinafter, “Hyperlinks”) appear in the App, the Company shall not assume any type of responsibility for the content of said Hyperlinks or for any content to which the User may access through them, or for any damage or losses arising from its use. The establishment of Hyperlinks does not imply that there is any type of relationship between the Company and the owner of the website or app in which Hyperlinks will be established, nor the Company's acceptance and approval of its contents or services.

Data Protection

The Company processes the Users personal data in accordance with the provisions of the Privacy and Cookie Policy, which the User declares to know and accept, together with the processing of your personal data set forth in such Privacy and Cookie Policy.

Applicable Legislation and Jurisdiction

These Terms of Service shall be governed by Spanish laws and regulations. The Company and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the courts and tribunals of the city of Barcelona (Spain) for the resolution of any controversy that may arise from the interpretation or execution of the present Terms of Service.

Contact

If you have any questions about these Terms of Service, please contact us at: info@faxer.app