Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") form a binding agreement between you and FaxRx ("FaxRx," "we," "us," or "our") and govern your access to and use of the FaxRx website, application, and related services (together, the "Service"). The version of these Terms you accept when you create your account - and any updated version you later accept - is the operative agreement between you and FaxRx; this page reflects that agreement. By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization.

2. The Service

FaxRx is a cloud-based fax service that lets you send and receive faxes from your browser without a fax machine. It is built for pharmacies, prescriber clinics, and other healthcare practices that transmit prescriptions, referrals, prior-authorization forms, and related clinical documents by fax. The Service also lets you manage contacts, store fax history, use cover-sheet and document templates, and receive inbound faxes by email at addresses you designate.

FaxRx is a technology service that transmits the documents you send. We do not originate, review, or endorse the content of your faxes, and we are not a party to the underlying prescription, referral, or clinical transaction.

3. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use by healthcare and related organizations, not for personal or consumer use.

You are responsible for the accuracy of the information you provide, for keeping your account credentials confidential, and for all activity that occurs under your account. Notify us promptly at hello@fax-rx.com if you believe your account has been accessed without authorization. Where your organization has multiple users, the organization is responsible for the conduct of every user it invites and for enforcing these Terms among them.

4. Subscriptions, credits, and billing

FaxRx is offered on a paid subscription basis. Subscription fees are billed monthly in advance through our payment processor. By subscribing, you authorize recurring charges to your payment method until you cancel. You are responsible for any taxes associated with your use of the Service.

Credits and usage

Per-fax usage is drawn from a credit balance. Credits included with your subscription are allocated at the start of each billing cycle and do not roll over; unused included credits expire at the end of the cycle. You may also purchase one-time credit packs. Purchased credit packs do not expire while your account is active. Any remaining credit balance, including purchased packs, is forfeited on termination, as described in Section 15.

Additional fax numbers

Additional dedicated fax numbers are billed as recurring line items added to your subscription and are prorated when added or removed. Porting an existing number to FaxRx is provided at no additional charge, subject to carrier eligibility.

Price changes

We may change our pricing, plans, or fees from time to time. We will give at least thirty (30) days' advance notice of any change that increases the recurring fees for your subscription. For a material change that affects your subscription, we will give you advance notice and, where required, present updated terms for your acceptance before the change takes effect. Continued use of the Service after the effective date of a change constitutes acceptance of the new pricing.

5. Refunds

Subscription fees and credit-pack purchases are non-refundable except where a refund is required by applicable law. If a fax transmission fails because of a confirmed error on our side, the credits consumed for that transmission are automatically returned to your balance.

Cancellation stops future renewals; it does not retroactively refund the current billing period.

6. Acceptable use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and professional obligations, including the Telephone Consumer Protection Act (TCPA), state pharmacy, medical, and other applicable professional board rules, and, where you transmit Protected Health Information, HIPAA. You agree not to:

• Send unsolicited advertising faxes, bulk junk faxes, or other transmissions that violate the TCPA or similar laws.
• Transmit content that is unlawful, fraudulent, threatening, harassing, defamatory, or that infringes another party's rights.
• Send content you are not authorized to send, or misrepresent your identity or affiliation.
• Interfere with, overload, or disrupt the Service or the networks and systems connected to it.
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems, except as expressly authorized under our responsible-disclosure policy.
• Resell, sublicense, or redistribute the Service without our prior written permission.

You are solely responsible for obtaining any consents required to send the faxes you transmit and for the lawful content of those faxes.

7. Your content and data

You retain all rights to the documents, contacts, and other content you submit to the Service ("Your Content"). You grant FaxRx a limited, non-exclusive license to host, process, transmit, and store Your Content solely to operate and provide the Service to you.

Where Your Content includes Protected Health Information, our handling of that information is governed by the Business Associate Agreement described in Section 16 and by our HIPAA Compliance and Privacy commitments. We do not use the content of your faxes to build advertising profiles, and we do not sell or share it as those terms are defined under applicable privacy law.

8. Fax delivery

We work to transmit your faxes reliably, but fax delivery depends on factors outside our control, including the recipient's equipment, telephone-line quality, carrier conditions, and the accuracy of the number you provide. We do not guarantee that any given transmission will be delivered, delivered on time, or received without error, and we are not liable for failed, delayed, or misdirected transmissions caused by circumstances beyond our reasonable control.

9. Service availability and changes

We aim for high availability but do not guarantee uninterrupted service. The Service depends on third-party infrastructure that may experience outages. We may perform scheduled or emergency maintenance and will make reasonable efforts to give advance notice of planned maintenance. We may add, change, or discontinue features of the Service over time; we will not make a material reduction to a paid feature you rely on without reasonable notice.

10. Intellectual property

The Service, including its software, design, text, graphics, and the FaxRx name and logo, is owned by FaxRx and protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. Nothing in these Terms transfers any ownership of the Service to you. Feedback you choose to share about the Service may be used by us without obligation to you.

11. Third-party services

The Service relies on third-party providers for functions such as fax transport, cloud storage, authentication, payment processing, and email delivery. We select these providers for their security posture and, where they may create, receive, maintain, or transmit Protected Health Information, engage them under Business Associate Agreements. Your use of the Service is also subject to those providers' terms as they apply to the underlying infrastructure. We are not responsible for the acts or omissions of third parties beyond our reasonable control.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY FAX WILL BE SUCCESSFULLY DELIVERED. Our security and compliance pages describe practices we maintain and are informational; they do not create warranties or modify these Terms or the Business Associate Agreement.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAXRX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO FAXRX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in this Section limits or excludes liability for: (a) a party's gross negligence, willful misconduct, or fraud; (b) FaxRx's breach of its confidentiality obligations or its obligations under the Business Associate Agreement with respect to Protected Health Information; (c) a party's indemnification obligations under Section 14; or (d) any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless FaxRx and its officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content or the faxes you send or receive; (c) your violation of these Terms or any applicable law, including the TCPA; or (d) your violation of any third-party right. This obligation survives termination of these Terms.

15. Suspension and termination

You may request cancellation of your subscription at any time from your account settings; we will process the request to take effect at the end of the current billing period. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure for us or other users, or where required by law. We will use reasonable efforts to give notice where practical, but certain terminations - for example, where required by law or to address a security risk - may take effect immediately and without prior notice.

On termination, your right to use the Service ends, and any remaining credit balance, including purchased credit packs, is forfeited and non-refundable. We retain and dispose of your data as described in our Privacy Policy and, for Protected Health Information, in the Business Associate Agreement. Provisions that by their nature should survive termination survive, including Sections 5, 7, 10, 12 through 14, 16, and 17 through 18, along with any payment obligations accrued before termination.

16. HIPAA and Business Associate Agreement

When you use FaxRx to transmit Protected Health Information, FaxRx acts as your Business Associate. FaxRx executes a Business Associate Agreement (BAA) with every customer as part of onboarding, at no additional cost and regardless of plan. The BAA governs how we may use and protect Protected Health Information and prevails over any conflicting provision of these Terms with respect to that information.

You remain responsible for your own compliance obligations as a covered entity or business associate, including obtaining any patient authorizations and configuring your account appropriately. See our HIPAA Compliance page for details.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

The parties will first try in good faith to resolve any dispute through negotiation. If a dispute is not resolved within thirty (30) days, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Delaware, with the AAA rules governing fee allocation. This arbitration agreement is governed by the Federal Arbitration Act.

Disputes will be resolved on an individual basis only, and you waive any right to participate in a class, consolidated, or representative action. If this class-action waiver is found unenforceable as to a dispute, the entire arbitration agreement is void as to that dispute, which will instead proceed exclusively in the state or federal courts located in Delaware. Notwithstanding the above, either party may bring an individual small-claims action or seek injunctive or equitable relief in court to protect its intellectual property or to prevent a breach of confidentiality or data-protection obligations. Any court proceedings not subject to arbitration will be brought exclusively in the courts located in Delaware, and you consent to their jurisdiction.

18. General provisions

Entire agreement and order of precedence. These Terms, together with the Business Associate Agreement, the Privacy Policy, and any applicable subscription or plan terms, are the entire agreement between you and FaxRx regarding the Service and supersede all prior understandings. In a conflict, the following order of precedence applies: (1) the Business Associate Agreement, which controls for Protected Health Information; (2) these Terms; (3) the Privacy Policy; and (4) subscription or plan terms.

Assignment. FaxRx may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets. You may not assign these Terms or your account without our prior written consent, and any prohibited assignment is void. These Terms bind the parties and their permitted successors and assigns.

Force majeure. Neither party is liable for any delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including natural disasters, government action, labor disputes, and telecommunications or network outages.

No waiver. A failure to enforce any provision is not a waiver of it or of any other right; a waiver is effective only in writing.

Notices. Legal notices to FaxRx must be sent to hello@fax-rx.com (and, once designated, to FaxRx's registered address). We may give you notice by email to the address on your account or through the Service.

No third-party beneficiaries; severability. These Terms create no rights in anyone other than the parties and their permitted successors and assigns. If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the rest remain in effect.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email or through the Service before the changes take effect. The "Last updated" date at the top of this page reflects the current version. Your continued use of the Service after an update takes effect constitutes acceptance of the revised Terms.

20. Contact us

Questions about these Terms? Reach us at hello@fax-rx.com. For sales and plan questions, contact sales@fax-rx.com.