Introduction

This document outlines the Terms and Conditions ("Terms") that govern your use of Faxify's services and website (collectively, the "Service"). These Terms form a binding legal agreement between you, the user, and Const Agility LLC. By accessing, downloading, or using our Service in any way, including browsing our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, available at https://www.faxify.us/privacy.

User Acceptance and Eligibility

By accessing or using Faxify, a service provided by Const Agility LLC, you affirm that you have read, understood, and agree to be bound by these Terms and Conditions, and any future modifications. Your acceptance of these terms establishes a legal agreement between you and Const Agility LLC. If you do not agree to these terms, you must not use or access Faxify services.

To use Faxify services, you must meet the following eligibility criteria:

• Age and Capacity: You affirm that you are at least 13 years of age. If you are under 18 but at least 13 years of age, you must review these Terms and Conditions with your parent or guardian to ensure that both you and your parent or guardian understand and consent to these terms. Using or accessing Faxify signifies that you and your parent or guardian have accepted these terms. If you are under the age of 13, you are not permitted to use Faxify services.
• Compliance with Laws: You agree to use Faxify services only in compliance with these Terms and Conditions and applicable law, including laws of the jurisdiction in which you reside or from which you use the services.

Const Agility LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Failure to comply with these eligibility criteria may result in the termination of your account and access to Faxify services.

Account Registration and Use

By registering for an account with Faxify, a service of Const Agility LLC, you agree to provide accurate, current, and complete information as prompted by the registration process and to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, Const Agility LLC reserves the right to terminate your use of the Services and reject any future use of the Faxify Services.

• Account Registration: You may be required to register an account to access certain features of Faxify services. In doing so, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the services on your behalf, and (e) immediately notify Const Agility LLC if you discover or otherwise suspect any security breaches related to Faxify.

Prohibited Conduct

Users are expressly prohibited from:

• Engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Faxify website.
• Using the Services for any fraudulent or illegal purpose, including but not limited to phishing, creating a false identity, or attempting to mislead others in any way.
• Transmitting any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs.
• Attempting to gain unauthorized access to the Services, other users' accounts, or the computer systems or networks connected to the Services.

Subscription Plans and Payment

This section outlines the terms related to the subscription plans offered by Faxify, a service operated by Const Agility LLC, payment terms, including billing procedures, renewals, cancellations, and refunds. By subscribing to or using Faxify's services, you agree to these terms.

1. Payment Terms

• Payment Methods: Subscribers can pay for Faxify services using apple pay, google pay, or other payment methods as specified on the Faxify platform.
• Billing Cycle: Subscription fees are billed in advance on a recurring basis, as per the selected subscription plan (e.g., weekly, monthly, or annually) and in accordance with the terms of the respective third-party payment portals. The first payment will be charged at the time of subscription.
• Price Changes: Faxify may adjust pricing for its services. Any price changes will take effect at the start of the next subscription period following the date of the price change. Subscribers will be provided reasonable notice of any such changes.
• Renewal: Subscriptions automatically renew under the same conditions unless the subscriber cancels their subscription prior to the renewal date.
• Cancellation by Subscriber: Subscribers may cancel their subscription at any time. Cancellation instructions are available on the Faxify website and mobile application. Cancellations must be made at least 24 hours before the next billing cycle to avoid being charged for the next period.
• Cancellation by Faxify: Faxify reserves the right to suspend or terminate subscriptions for any breach of these Terms and Conditions, including non-payment.

2. Refunds, Termination Policy, and Free Trials

• General Policy: All payments to Faxify for subscription plans are non-refundable except as expressly provided in these Terms.
• Exceptions: Refunds or credits for partial subscription periods to the Service will not be provided. However, Faxify may, at its sole discretion, offer a refund, discount, or credit in specific circumstances.
• Termination: Termination will result in the immediate cessation of access to the Services, including any data or content held within your account. In the event of termination, you remain obligated to pay all outstanding fees and charges incurred before the termination date. If the termination is initiated by Const Agility LLC due to your breach of these Terms, you shall not be entitled to any refund or credit for any pre-paid fees or charges.
• Seasonal Offers: Faxify may offer free trials for a limited period for certain subscription plans. Unless otherwise stated, free trials are subject to these Terms and Conditions.
• Billing after Trial: Unless canceled at least 24 hours before the trial period ends, the subscriber will be automatically charged the subscription fee for the next billing cycle.

By subscribing to and using Faxify's services, you acknowledge and agree to these Subscription Plans and Payment terms. It's your responsibility to review the terms periodically for updates.

Intellectual Property Rights

The Services, including all related software, interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Const Agility LLC ("Materials") are owned and operated by Const Agility LLC and are protected by United States and international copyright, trademark, patents, trade secrets, and other intellectual property or proprietary rights laws.

Const Agility LLC grants you a non-exclusive, non-transferable, revocable license to access and use the Services and Materials, subject to the terms of these Terms and Conditions. Except as expressly authorized by these Terms or as permitted by applicable law, you may not:

• Copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Materials.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the licenses for any Materials.

All rights, title, and interest in and to the Services and Materials, including all intellectual property rights, are and will remain the exclusive property of Const Agility LLC and its licensors.

Trademarks: The Const Agility LLC name, the Faxify logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Const Agility LLC or its affiliates or licensors. You may not use such marks without the prior written permission of Const Agility LLC. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

User Content: Any content created, uploaded, posted, sent, received, or stored by you via the Services, including without limitation, faxes, images, and documents ("User Content"), remains your intellectual property. By using the Services, you grant Const Agility LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely for the purposes of operating, providing, and improving the Services.

Feedback: Any feedback, comments, or suggestions you may provide regarding Const Agility LLC or the Services is entirely voluntary and will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Content Ownership and Intellectual Property Rights

All content and services provided by third parties are the property of their respective owners, and any concerns regarding such services or content should be directed to the third party.

Users may be subject to additional terms and conditions that apply when they use affiliate services, third-party content, or third-party software.

Disclaimer of Liability

Const Agility LLC disclaims all liability arising from your use of or reliance on third-party services and content. We are not liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of third-party services and content on Faxify.

Users should review the terms and conditions and privacy policies of the third-party providers before engaging with or relying on their services and content.

Privacy and Data Protection

This section outlines our practices and your rights regarding the collection, use, and protection of personal information.

1. Information Collection

Faxify collects user information to provide and improve our services. This may include, but is not limited to:

• Personal identification information (name, email address, phone number).
• Payment and billing information (for subscription services).
• Usage data (fax transaction logs, usage patterns).
• Device and connection information (IP addresses, device type, operating system).

2. Use of Information

The information we collect is used to:

• Provide, maintain, and improve Faxify services.
• Process transactions and send related information, including confirmations and invoices.
• Communicate with you about products, services, offers, and provide customer support.

3. Information Sharing and Disclosure

Faxify does not sell, rent, or lease your personal information to third parties. We may share information with:

• Service providers under contract who help with parts of our business operations (payment processing, fraud prevention).
• Law enforcement or government agencies, in response to lawful requests.
• Parties involved in a company transaction, such as a merger or acquisition.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

Faxify, a service provided by Const Agility LLC, is offered on an "as is" and "as available" basis without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Const Agility LLC expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Const Agility LLC makes no warranty that:

• The service will meet your requirements or expectations.
• The service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the service will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Limitations of Liability

To the maximum extent permitted by applicable law, Const Agility 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, resulting from:

• Your access to, use of, or inability to access or use the service.
• Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
• Any content obtained from the service.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Const Agility LLC has been informed of the possibility of such damage.

In no event shall Const Agility LLC's aggregate liability for all claims related to the service exceed the greater of $100 USD or the amount paid by you to Const Agility LLC for the past six months of the service in question.

Indemnification

You agree to defend, indemnify, and hold harmless Const Agility LLC, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the service, your violation of these Terms of Service, or your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.

General Provisions

Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. This ensures that even if one part of the Terms is found to be illegal or invalid, the rest of the Terms still apply.

Non-Waiver: The failure of CONST AGILITY LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CONST AGILITY LLC. This means that even if CONST AGILITY LLC decides not to enforce some parts of these Terms at any time, it can still decide to enforce that part or any other part of these Terms in the future.

Assignment and Transferability: You may not assign or transfer these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of CONST AGILITY LLC. However, CONST AGILITY LLC may assign or transfer these Terms, at its sole discretion, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This provision ensures that the agreement between you and CONST AGILITY LLC is personal to you and cannot be passed on to someone else without CONST AGILITY LLC's agreement.

Contact Us

Any requests for access to your information, modification of your information, or questions in respect of this policy should be reported at [email protected].

Const Agility LLC offers you other methods to opt out of receiving communications generated by Const Agility LLC. For example, you may “unsubscribe” from emails by following the process listed in the email to unsubscribe. You can also change your customer profile on the Const Agility LLC website to indicate that you no longer wish to receive certain information from Const Agility LLC by signing into your account through our website using your credentials (email address and password).

If you have any questions regarding this Privacy Policy or its implementation, you may email our Data Protection Officer at [email protected]. You may also write to us at Const Agility LLC, 10601 Clarence Dr, Ste 250, Frisco, Texas - 75033 (USA).

Last Updated: April 2024