terms-of-use

Terms of Service

Effectiveness date: May, 16th, 2024

General

The present Terms of Service regulates the download and use of the present application: 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/our Company”), “we”, “us”, “our”). The App is not affiliated with any other platforms or third parties.

The download and/or use of the App attributes the status of User to the person accessing the App and implies full acceptance of the present Terms of Service (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms of Service, please stop using the App and delete it from your device.

The Company reserves the right to update, without prior notice, these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. The User shall be automatically bound to the new Terms of Services at the time they are published on the App. Therefore, we recommend the User review them periodically.

The Company reserves the right to block or suspend the access of a User to the App in the event of breach of these Terms of Service.

The nullity, in whole or in part, of any provision of these Terms of Service by any court decision shall not affect the validity of the remaining provisions.

For any doubt or question related to these Terms of Service, please contact us by email: info@faxer.app .

About the App’s Functionalities

The Faxer App is a digital tool that allows users to send documents in various digital formats (PDF or images) via fax to any fax number worldwide in fax. Therefore, the App is merely a facilitator of communication services (the “Service”).

The App provides:

the option to send the fax up to 2 prefixes (countries) available;
a preview option to check all the information upload to be sent as well as the recipient’s data.
a record of the status (“sent”, “delivered” or “check”) of the fax sent and an option to share a copy with third parties.
the "retry" option to try to send the fax again and/or “delete” the fax intended to send.
a preview of the faxes sent to date, available only to paying members.

The User is informed that:

The App is an unidirectional service. Therefore, the User can only send faxes to a recipient, but cannot receive communications (response) from said recipient or a different one via the App or any other way.
The App allows you to send faxes, but note that the faxes sent through this App do not hold any substantial probative value. This means that if you are looking to send documents that require legal or evidentiary weight it is advisable to consider alternative methods of documents transmission that offer stronger evidentiary support.
There may be circumstances that prevent the correct reception of the fax sent (e.g., accumulation in the memory of the receiving device, a technological blockage, etc.).
The document(s) and/or image(s) photographed and/or scanned to be sent as a fax message are stored in the User’s device (the App does not store any content). Therefore, the Company will not be held responsible for (including but not limited to): (i) the content of the fax sent by the User, (ii) the inappropriate storage in the User’s device of information, documents and/or images and/or its storage without authorization for collection, processing and communication; (iii) the loss or theft of the User's device; (iv) security incidents the User may suffer; (v) not being able to see the faxes sent by the user while using the App, and in such an event to resend such information to the user.
In order to reinforce the security of the content that is sent through our app, there is a limit of 500 pages per week to be sent by fax, which will be renewed every subscription period.

Please refer to the Exemption of Liability section of these Terms of Service for further information regarding the Company’s responsibilities.

Please be aware: the Company reserves the right to update features and/or functionalities of the App at any time. Please refer to the Availability, Continuity, and Updates section of these Terms of Service.

Access and Use of the App

The App is available for the following operating systems and devices: iPhone.
The App is for adult users according to the laws and regulations of their country of birth or residence.

To enjoy the App’s Service:

The User must ensure to have Internet connection in order to use the App.
No logging is necessary.
The User must subscribe to one of the subscription plans that are offered. The subscription must be made the first time the User is going to send a fax and will be activated until the User cancels the Service in "Account Settings" of their ITunes Account. By subscribing the User/Customer is able to use Service as described by the selected subscription plan.

Remarks:

Once the User has paid for a subscription, the User will automatically be conferred with the status of Customer (hereinafter, the “Customer/s”). Such status implies the User's full acceptance of the present Terms of Service and, in particular, the User's abidance to the price of the App’s Service.
All subscription plans allow you to send an unlimited number of faxes. Please refer to the Subscription Plans and Payment section of these Terms of Service.
The Customer is responsible for providing accurate and complete contact information of the recipient to ensure correct delivery of the fax. Otherwise, the Company will not be liable for any failure in delivery or error in sending a fax to an unwanted recipient.
The Customer is responsible for possessing the necessary authority, whether for private or professional purposes, to transmit the document(s) to the intended recipient.
The Company has no access to the content of the documents sent through the App by the User/Customers, so the Users/Customers must ensure that the documents to be sent via fax have no illegal or prohibited content and/or does not infringe third party rights. The User/Customer is individually and solely responsible for their actions, before the Company and third parties, for damages caused by inappropriate behavior.

Availability, continuity and updates

We put our best efforts into making sure that the App works as best as possible and that it is available to the User at all times. However, we cannot guarantee that the use of the App will not be interrupted by maintenance, delays, errors, or omissions due to external reasons beyond our reasonable control.
We do not guarantee that the App will be available worldwide. We may limit the availability of the App and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.
We may add, modify or eliminate features and/or functionalities at any time. In any case, the User will be notified about the changes through the same App.
If a new version of the App is launched, we may ask the User to update the App. Failure to download the new versions of the App may have an impact on the functionality and performance of the App’s Services, as you might not have access to the latest features, improvements and bug fixes and you might experience issues or limitations with the App’s service. For this reason it is highly recommended to regularly check for and install any available updates to ensure a seamless and optimal experience with the App. By downloading and using the new version of the App, the User clearly states they have read, understood, and accepted the updated Terms of Service.

Code of conduct

Any unauthorized use of the Service is expressly prohibited. The User/Customer agrees to use the App in accordance with applicable laws and the provisions described herein (including but not limited to):

Not to impersonate another individual. The User can only include personal data corresponding to their own identity and that are adequate, pertinent, updated, exact and true.
Not to use the App to communicate any personal data of a third person, without the express written consent of that person. In the case of data of minors, the User must with the express and written consent of their parents or legal guardians.
Not to use the App to send information - confidential or not - of a company, of which the User is not its legal representative or person authorized to send it to a third party.
Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of third parties by using the App’s Service.
Not to use the Service or any information in the App to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes such as (by way of example): sent chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited faxes (commercial or otherwise), including, without limitation, unsolicited faxes as set forth under the Privacy and Electronic Communications Regulations (PECR) in the EU, and under the Telephone Consumer Protection Act (TCPA) in the US. Distribution of unsolicited fax advertisements through the Services is prohibited and may be considered a material violation of this Terms of Service;
Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App;
Not to interfere or disrupt networks connected to the App services, including but not limited to inserting and/or executing expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App;
Not to transfer the license granted to download, access and use the App and/or any of User’s rights or obligations under these Terms of Service without the express written consent of the Company.
Not to breach the Company’s intellectual property rights, including but not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the App, without prior written authorisation from the Company.

The Company reserves the right to block or eliminate the User's access to the App for the aforementioned actions, as well as any other that is contrary to good faith or that harms the rights of third parties, or that infringe the laws and regulations applicable to the App and/or the Company.

Moreover, the Company, in its sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision.

Subscription plans, price, and payment

The first time the User accesses the App it will show the available subscription plans, applicable conditions, and price.

There’s no trial period for any type of subscription.
The subscription plans will be charged to the debit/credit card associated with the Apple/Google user account. The User can see their invoices there.
Each User’s country may have its particular fees.
If you detect an error in the charges for the costs of the App’s Service, you must directly contact Apple/Google.

By subscribing to a plan, the User authorizes the monthly charge of the plan’s price in advance of each subscription period. If the Company encounters difficulties in collecting any of the monthly payments from you, the Company reserves the right to either interrupt the User’s use of the App or block the User’s access to the App without previous notice. Therefore, we recommend that you keep your payment details up to date at all times.

The App’s price may be updated from time to time. Price changes will be effective when published on the App along with the features offered. However, a price change will not be applied retroactively and will not affect those Users who had already contracted a plan prior to the plan update.

Remarks:

Users who wish to cancel the Services must do so expressly, in order to avoid being charged recurrences, and must do so directly with Apple/Google. Please note that the App does not offer a cancellation option for Services and, in order to cancel the subscription, Users/Customers must go to the settings of their Apple/Google account and cancel before the next subscription period begins.

Refund Policy

Refund requests will be exclusively handled by Apple/Google in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the User, you acknowledge that the Service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the Service to which the User had subscribed to.

It is Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve or deny them. Moreover, they will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

For further information regarding a refund request to Google check the following link:

Technical Means for Correcting Errors

If the User/Customer detects an error regarding their personal data, payment information and/or any other information provided by them is not exact, correct or completed, he/she must amend it by accessing their Apple/Google user account directly.

Intellectual Property Rights

The totality of the elements contained within this App, including but not limited to, all source code, databases, functionality, software, website designs, audio, video, texts, articles, descriptions, images, photographs and graphics, sounds, videos (the “Content”), trademarks, service marks, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company and/or the partners of the Company with whom we have submitted the corresponding licenses. This is made explicit via the copyright notice in the App.

The download and use of the App does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, non-exclusive, non- transferable, non assignable, non-sublicensable, revocable license to access the Service and download and use the App, regardless of whether the User/Customer uses the app for his or her private/personal use or professional/business uses. However, such a license does not give the User the right to the following activities (the “Prohibited Activities”):

Copy, reproduce, aggregate, republish, upload, post, distribute, publicly communicate or display, encode, translate, transmit, distribute, sell, license, transform or, in general, make use or exploit any of the protected elements of this App for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.
Use of the features and functionalities offered by the App for other purposes other than those set out in these Terms of Service.
Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.
Transmit any material that may infringe the intellectual property rights of third parties.
Send unsolicited information and/or advertisements through the App.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service under current applicable laws and regulations.

The Company reserves the right to take all legal actions at our disposal if our intellectual property rights are infringed, including compensation for direct and indirect damages.

Your submissions

Please review this section and the Prohibited Activities section carefully before using the App and/or the Services in order to understand the rights and obligations that apply to you when you upload any content through the Services.

The Company cannot ensure reviewing the content of the faxes you sent through the App. You are solely responsible for ensuring that the content complies with all applicable laws, regulations and professional standards.

When using the App and the Service, the User/Customer agrees to not transmit any information and/or documents that (by way of example but not limited to):

Are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
Constitute sensitive information (according to HIPAA, GDPR and/or other regulations on data protection).
Constitute confidential information
Are copyrighted material.

The User/Customer is solely responsible for the content transmitted via fax. The Company will not be held responsible for unauthorized use of the Service in accordance with these Terms of Services, especially, “Access and Use of the App”, "Code of Conduct" and "Your submissions" sections and/or legal breach by the User/Customer.

Limitation of Liability

Likewise, the User/Customers acknowledges that the App is merely a facilitator of communication services and to provide its Service utilizes an API license from Documo Inc (https://www.Documo.com/terms). Outside sources are not under our control, and they may have different terms of use and policies. The Company and the App are not responsible for the availability and content of the Outside Sources.

To the maximum extent permitted by the applicable law, the Company shall not be liable for any direct or indirect, incidental, special, or consequential damages arising from the use or inability to use the App.

The App and the Services are provided on an “AS IS'' basis without any warranties, either expressly or implied in connection with the Service and your use thereof, including but not limited to, guarantees of fitness for a particular purpose; no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials and, consequently, the download and/or use of the App is at the User’s own risk and responsibility.

1. Modifications and interruptions

The Company reserves the right to change, modify or remove the contents of the App at any time for any reason at its sole discretion, without notice. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.

The Company makes its best efforts to ensure the availability and safe usage of the App. However, the download and use of the App may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App and/or any damage resulting from your access to and use of the Services, including any unauthorized access to or use of our secure servers or any errors in any content and materials as a result of the use of any content posted if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

2. Use of the License

Likewise, the Company will not assume any responsibility when/if/for:

The content of the faxes sent by the User.
Previewing the list of faxes sent by the User, nor recovering such faxes list in case of loss or erasure by the User.
The errors, omissions, or incorrect information in the documents generated or transmitted through the App, including faxes sent by the User to an erroneous recipient.
The use of the App for professional purposes, in which case, the User shall be solely responsible for the content and accuracy of the documents sent;
The User claims that they have downloaded and used the App believing that the faxes sent by means of it have probative value.
The User has caused damage, direct and/or indirect, to third parties by using the personal data of another person, or their own personal data when they are false, erroneous, outdated, inadequate or irrelevant.
The User is a minor according to the laws and regulations of their birth or residence country and they have downloaded and accessed the App. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.
The User has provided and/or communicated through the App personal data of third parties without having their prior written consent to do so. The User is the sole responsible for obtaining the consent of said third party/ies and for the disclosing of the above mentioned information. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.
The Company does not assume any responsibility to ensure that your submissions comply with all applicable copyright laws and regulations, including but not limited to:
- The User shares through the App images and/or documents which are not of their ownership and/or copyright.
- The User transmits through the App information and/or documents of a company of which it is not its legal representative or person authorized to carry out the transmission.
- The User transmits Confidential Information which cannot be disclosed.
- The inaccuracy or misstatement of the scanned documents and/or images transferred through the App.
- The User shares documents and/or images uploaded to the App by means of whatever type of communication channel, cloud service or social media with third parties, when the App has sharing functionalities.
The misuse or malfunction of the User’s devices used to access the App, as it is the User’s responsibility to ensure the proper functioning and security of their devices.
The correct functioning of the App at the time of usage for circumstances beyond the Company’s control.
The User breaches their commitments and/or any other provision set out in these Terms of Service.

Moreover, the Company will not be liable for:

unwanted faxes, including the receipt of unsolicited information and/or advertisements;
the recipient’s use of the fax.

Term and termination

These legal terms shall remain in full force and effect while you use the Service. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the services (including blocking certain users ID and/or IP addresses), to any person for any reason, including without limitation breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation.

Withdrawal right

In accordance with the applicable laws and regulations, the User/Customer acknowledges that the right of withdrawal does not apply because, as the App is a product of a digital nature, it is considered automatically consumed by the User/Customer at the time of download.

Confidentiality and data privacy

We care about your privacy and security, and we want to ensure that you understand and agree to our Privacy Policy.

By using this App, you acknowledge and consent to the collection and processing of your personal data for the purpose of providing the Services offered according to the content of these Terms of Service. The Company guarantees that it has adopted all the necessary technical and organizational measures to protect the Data according to the Regulation (EU) 2016/679 (General Data Protection Regulation) and the applicable laws in force, and it will be kept only during the contractual relationship, and once it is finished, they will be deleted unless there is a legal reason to continue keeping them.

Likewise, the Customer/User can exercise their data protection rights, these being the right of access, rectification, deletion, restriction of processing , data portability and opposition by means of a written request to the Company by writing an email to [·]. In case of discrepancy, you can file a claim with the competent control authority.

Applicable law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the currently applicable Spanish laws and regulations. Any action arising out of or relating to these Terms of Service shall be filed only in Courts located in Barcelona - Spain and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of any dispute, action or proceeding.

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly and in writing, or by the statute of limitations, in accordance with the currently applicable law.