Terms of Service

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION IN SECTION 16, A CLASS ACTION WAIVER IN SECTION 16, AND A JURY TRIAL WAIVER IN SECTION 17. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED AND REQUIRE THAT DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS. SECTION 18 CONTAINS A SHORTENED LIMITATIONS PERIOD. BY CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS.

1. Acceptance of Terms

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Fax Pigeon LLC, an Illinois limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the cloud fax platform operated at faxpigeon.com and all associated features, functionality, and services (collectively, the "Service").

1.2 By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, the Business Associate Agreement ("BAA") published at faxpigeon.com/baa, and the Privacy Policy published at faxpigeon.com/privacy, each of which is incorporated herein by reference. Your electronic acceptance has the same force and effect as a physical signature.

1.3 If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the legal authority to bind such organization to these Terms. In that case, "you" and "your" refer to that organization.

1.4 If you do not agree to these Terms, the BAA, and the Privacy Policy, you may not create an account or use the Service.

2. Eligibility

2.1 You must be at least eighteen (18) years of age to use the Service.

2.2 You must have the legal capacity to enter into a binding agreement.

2.3 The Service is intended and offered solely for users located in the United States. By creating an account, you represent that you are located in the United States and are accessing the Service from within the United States. The Service is not directed to, or intended for, users located outside the United States, and you may not use the Service if you are located outside the United States. Company stores all account data and Protected Health Information within the United States, as described in the Privacy Policy. Certain transient fax-transmission, fax-receipt, and network-security functions may route through infrastructure located in the United States or Canada; such routing is transient, and no account data or Protected Health Information is stored or retained outside the United States.

2.4 The Service is designed for licensed professionals and business entities engaged in lawful business communications. By using the Service, you represent that you are acting in a professional or business capacity.

2.5 You may not use the Service if you have been previously suspended or removed from the Service by Company.

3. Account Registration and Security

3.1 You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 You are solely responsible for maintaining the confidentiality and security of your account credentials.

3.3 You agree to notify Company immediately at [email protected] of any unauthorized use of your account or any other breach of security.

3.4 You are solely responsible for the security of your account credentials, and you agree to give Company prompt notice under Section 3.3 of any unauthorized use. Because credential security is within your control, Company is not liable for any loss or damage arising from your failure to safeguard your credentials or from any unauthorized use of your account.

4. Business Associate Agreement

4.1 Use of the Service requires acceptance of the BAA. A Business Associate Agreement covers every practice that sends or receives faxes through the Service, including a practice using the free evaluation transmission. The BAA is accepted when a practice is created, by the person creating it. If you join an existing practice as a member, that practice's BAA already covers your use and you do not accept a separate one. Every practice that uses the Service is covered by a BAA from the moment it is created.

4.2 The current BAA is published at faxpigeon.com/baa and is incorporated into these Terms by reference.

4.3 Company may update the BAA from time to time to comply with changes in HIPAA regulations or for other lawful purposes. Material changes will be communicated by email at least thirty (30) days before the effective date. Your continued use of the Service after the effective date of any such update constitutes your acceptance of the updated BAA.

4.4 In the event of any conflict between these Terms and the BAA with respect to the use, disclosure, protection, or handling of Protected Health Information, the BAA shall control.

5. Description of Service

5.1 The Service provides cloud-based fax transmission and receipt, document storage, contact management, delivery confirmation, electronic signature merging, automated inbound fax classification and summarization, and collaboration features.

5.2 The Service is provided for lawful business fax communications. The Service does not constitute legal, medical, or compliance advice. You are solely responsible for determining whether your use of the Service complies with all applicable laws and regulations, including without limitation HIPAA.

5.3 Fax delivery, receipt, and legibility depend on third-party telecommunications infrastructure outside Company's control, including the recipient's equipment, telephone network conditions, and carrier service availability. The Service automatically retries eligible transmissions; even so, Company cannot guarantee that any particular fax will be delivered, received, or legible.

5.4 Company does not monitor in the ordinary course, or perform human editorial review of, the documents you transmit through the Service; you control your content, and Company is not responsible for its accuracy, completeness, or legality. Inbound faxes are processed by automated document-analysis features, which are described in Section 11.4 and in the Privacy Policy.

5.5 Company provides a cloud software service, not telephone or common-carrier services. Fax numbers are provisioned through a third-party telecommunications provider and are subject to availability.

5.6 Company may make the Service temporarily unavailable to perform maintenance, upgrades, or infrastructure changes, and is not required to provide advance notice of such work. Company uses commercially reasonable efforts to keep the Service available on reliable third-party infrastructure. No specific uptime percentage or service level is guaranteed.

5.7 Email to Fax. On every paid plan, a member of your practice may send a fax by emailing one PDF document, of up to two hundred fifty (250) pages and 25 MB, to the fax number's address at the Service's fax domain, from the email address on that member's account. The Service accepts such an email only when the sending domain authenticates the message and the sender is an active member of exactly one paid practice. An email that fails these checks is discarded without reply, as is an email that cannot be read and an email larger than 40 MB in total. An email from a verified member that cannot become a fax (no PDF, more than one attachment, more than one fax number, a PDF over the size or page limit, more than twenty (20) emails in an hour, or a plan condition that blocks sending) is answered with one reason. The fax is sent from your practice's number, counts against your plan exactly like a fax sent from the Service, and appears in your outbox as that member's fax. Email to fax travels through your email provider before it reaches Company. Company receives it over an encrypted connection, treats it as Protected Health Information from the moment it arrives, and deletes the received email once the fax is created; any copy a fault leaves behind is removed by an automatic expiry rule within two (2) days of arrival. The leg before Company's door is yours: if a document contains Protected Health Information, send it from an email service your practice has covered with its own business associate agreement, or send it from the Service. Faxes you receive are never sent to you by email as attachments; the Service notifies you and the document stays in your practice's inbox behind your sign-in.

6. Subscriptions and Billing

6.1 Current plans and pricing are published at faxpigeon.com/pricing. Company may change pricing with at least thirty (30) days' notice before your next renewal date. Price changes take effect at the beginning of your next billing period following the notice period.

6.2 A free evaluation account lets you try the Service with one (1) included fax transmission of up to ten (10) pages of your own content. The included transmission is provided once per person for the lifetime of that person's use of the Service (opening a new account or a new practice does not provide another one), and it does not expire. The free transmission is sent from a shared Company number and can send only; it cannot receive faxes. A cover page is added and does not count against your ten pages.

6.3 Paid subscriptions are billed in advance on a monthly or annual basis through Stripe and renew automatically at the end of each billing period until canceled. You may cancel at any time through the Service, as described in Section 7.1. By subscribing, you authorize Company to charge your payment method on file for all applicable fees.

6.4 You are responsible for all applicable taxes, duties, and government-imposed charges arising from your use of the Service, excluding taxes based on Company's net income.

6.5 Plan upgrades take effect immediately and are processed as in-place subscription updates by the Service's payment processor. A prorated charge for the remainder of the current billing period is applied to your payment method on file; no re-entry of payment information is required. If the prorated charge is declined, the upgrade is not applied. Upon upgrade, page usage alerts are recalibrated to the new plan's page allocation and any pending plan downgrade is canceled.

6.6 Plan downgrades take effect at the beginning of the next billing period. You retain the features of your current plan until that date. A subsequent upgrade cancels any pending downgrade.

6.7 Your monthly page allocation is a single combined pool that covers both the faxes you send and the faxes you receive, including faxes you did not solicit. Overage pages, counted across both sent and received pages beyond your plan's included allocation, accrue at your plan's per-page overage rate. Each plan has its own per-page overage rate. The current rate for every plan is published on the pricing page and shown at checkout and in Settings › Plan, and each overage page accrues at the rate of the plan in effect at the moment that page is sent or received. Accrued overage is collected at the end of each page-allocation cycle on a separate invoice (at renewal on a monthly plan, and every thirty (30) days on an annual plan), except where these Terms provide for earlier collection: the mid-cycle threshold charge described in this Section, a plan transition under Section 6.9, or a cancellation under Section 7.3. Company may issue a mid-cycle charge when your accumulated overage balance reaches a threshold amount (five times your plan's monthly price). The threshold is checked when you send an outbound fax; receiving a fax never triggers this charge, and inbound fax receipt is never suspended. If a mid-cycle overage charge is declined, outbound sending may be suspended until the balance is collected or your account otherwise returns to good standing. Inbound fax receipt is never suspended on account of an overage balance: overage attributable to received faxes simply accrues and is collected with a later invoice. Your access to stored documents is likewise never conditioned on an overage balance.

6.8 When a fax transmission ultimately fails to deliver, the pages it consumed are automatically restored to your account, so you are not billed for a fax that did not go through, and no action on your part is required. For free evaluation accounts, the single included transmission is restored unless the failure is attributable to your own submission (such as an invalid destination number or an unreadable document); restoration on a free evaluation account is available one time.

6.9 Plan Changes. A change from one plan to another is processed as an in-place update of your subscription by the Service's payment processor. An upgrade takes effect immediately, with a prorated charge for the remainder of the current billing period. A downgrade takes effect at the start of your next billing period. In every case the underlying payment relationship and the Business Associate Agreement remain continuously in force without lapse. Any overage accrued on your current plan is collected when the change is made, at the rate under which it accrued; on an upgrade, accrued overage pages are first reduced by the difference between the two plans' monthly page allocations, and only the remainder is collected. From the moment the change takes effect, overage pages accrue at the new plan's rate. A plan change never changes the number of people who may use your practice's account.

6.10 Failed Renewal Payments. If a subscription renewal payment fails, Company will notify you and the payment will be retried. While a renewal payment remains uncollected, outbound sending may be suspended after a grace period until payment is collected. Inbound fax receipt and your access to stored documents are not suspended for non-payment of a renewal. If payment is not collected, the subscription is canceled approximately thirty (30) days after the first failure, and Section 7.4 applies: your documents remain accessible, and your fax number is released when the subscription ends.

7. Cancellation and Refunds

7.1 Subscriptions may be canceled at any time, on both monthly and annual plans. Except as provided in Section 7.2, cancellation takes effect at the end of the current billing period: you keep full access to your plan, your fax number, and your stored documents through that date, and you are not charged again. Every other person on the practice's account likewise keeps full access through that date; when the cancellation takes effect, those members are removed and notified, and remain free to join another practice or open their own account. Because the current period is already paid in full, it is not separately refunded. At any time before the cancellation takes effect, the Owner may reactivate the subscription through the Service, in which case the cancellation is withdrawn and the subscription continues unchanged. This Section 7.1 governs standard cancellation on every plan; ending a plan immediately (Section 7.2(c)) and organization deletion (Section 20) are distinct voluntary actions, summarized in Section 9.5.

7.2 The only refund offered on cancellation is the seventy-two-hour full refund described in this Section 7.2. It applies to every plan, monthly and annual.

(a) If a subscription is canceled within seventy-two (72) hours of the start of that subscription, the customer may elect either (i) immediate cancellation with a full refund of the price paid for the current billing period, or (ii) a standard cancellation under Section 7.1, effective at the end of the billing period with no refund. The full-refund remedy is consumed when the refund is issued or applied against an uncollected overage balance under Section 7.3; electing to continue service preserves it. The seventy-two-hour window opens once in a customer's lifetime: it begins at the first successful charge on the first paid subscription that customer starts as an account owner, and it is not reopened or reset by any later event. Renewals, plan upgrades or downgrades, billing-cycle changes, reactivation of a scheduled cancellation, and any later subscription or additional practice do not begin a new window. Joining someone else's practice is not ownership and never opens a window. The full-refund remedy is available once per customer, across all subscriptions and plans: where a customer has previously received a full refund under this Section 7.2(a), a later cancellation within a seventy-two-hour window is treated as a standard cancellation under Section 7.1 (effective at the end of the billing period, with no refund). The total refund shall not exceed the total amount actually paid by you across all invoices for the current subscription period, and any uncollected overage balance may be deducted from it.

(b) Outside the seventy-two-hour window, no refund is issued on cancellation, in whole or in part, on any plan. Service simply continues through the end of the period you have already paid for, per Section 7.1. The annual plan's discounted price reflects a commitment to the full twelve-month term; unused time on a canceled annual plan is not refunded or prorated.

(c) At any time while a subscription is active, you may instead end it immediately. An immediate end takes effect when you confirm it: service stops, your fax number is released, and the unused remainder of the current billing period, monthly or annual, is forfeited and is not refunded. Where the conditions of Section 7.2(a) are met, you may elect the full refund instead. Any accumulated overage balance is charged as provided in Section 7.3, and your records remain accessible as provided in Section 7.4.

7.3 Any accumulated overage balance is charged to the payment method on file when the cancellation takes effect: immediately for a cancellation under Section 7.2(a) or an immediate end under Section 7.2(c), and at the end of the billing period for a standard cancellation under Section 7.1 (including any additional overage accrued between the cancellation request and the end of the period). For a cancellation under Section 7.2(a), any overage balance that cannot be collected may instead be deducted from the refund. If an overage charge is declined, Company may write the balance off for accounting purposes; the amount remains due, and Company may require that it be paid before accepting a new subscription from the same customer.

7.4 Following cancellation of a paid subscription, your fax documents remain accessible to you in a read-only state indefinitely, so that you may continue to retrieve your historical records, until you delete your account or request that they be destroyed. Company does not destroy your records on a fixed schedule after cancellation. Sending may be disabled while a subscription is inactive, but Company will not block your access to, export of, return of, or destruction of your records on the basis of any payment dispute. You may export your data, or request its destruction, at any time. Your state law may require you to retain medical records for a minimum period; you are responsible for exporting and retaining records as your obligations require. Non-PHI metadata may be retained for legal compliance purposes. Your fax number is released when your subscription actually ends. You may reactivate a canceled subscription for the same practice at any time; reactivation starts a new subscription and restores full service to that practice and its records.

8. Fax Numbers and Number Porting

8.1 Each paid subscription includes one (1) dedicated fax number.

8.2 Fax numbers are provisioned from a third-party telecommunications provider and are subject to area code and number type availability. Certain area codes or number types may be unavailable.

8.3 Porting your existing number into the Service is free on every plan. Because porting timelines and outcomes are set by your releasing carrier, they are outside Company's control and cannot be guaranteed by Company.

8.4 Your fax number remains active and assigned to you until your cancellation takes effect (the end of the current billing period for a standard cancellation under Section 7.1, or immediately for a cancellation under Section 7.2(a)). When the cancellation takes effect, the number is released. Porting your number out to another provider is free, and you may do so at any time before release; Company recommends keeping your subscription active until the transfer completes. When a port-out completes, your subscription for that practice ends at that moment, and the unused remainder of the billing period is not refunded, except as provided in Section 7.2(a). Reactivating your subscription before a cancellation takes effect keeps the number without interruption. Company is not responsible for numbers not ported before release.

8.5 Ownership of Fax Numbers. Fax numbers remain the property of Company or its telecommunications carrier; your subscription includes the use of a fax number, not ownership of it. This Section does not limit your right to port a number in or out under Sections 8.3 and 8.4, free in both directions, and it creates no obligation for Company to hold or reserve a number after release.

9. People on Your Plan

9.1 Every paid plan includes the people who work in your practice at a flat plan price. There is no per-person charge and no seat count on any plan. Company may apply an upper bound on membership solely to prevent abuse; that bound is not a term of your plan and does not vary by plan.

9.2 Every practice account includes the following roles: Owner, Manager, and Member.

9.3 When a Plan Ends. When the Owner lets the plan end without replacing it:

(a) The subscription ends in place with the Service's payment processor. No further charge is made.

(b) All non-Owner members are removed from the practice and notified by email. Removed members retain their own user accounts and may continue using the Service in another capacity.

(c) The practice's fax number is released when the subscription ends (Section 7.1). A released number cannot be recovered; a new subscription provisions a new number or ports one in.

(d) Fax documents, contacts, comments, and other content created under the subscription remain stored and accessible to the Owner indefinitely as a downloadable archive, provided as a continuing-access convenience so that the Owner may retrieve historical records and satisfy the Owner's own record-retention obligations. The archive persists until the Owner deletes their account or requests destruction. The Owner may export the archive, or direct Company to destroy it, at any time, and Company will not condition that access, export, or destruction on any payment dispute.

(e) The Owner may export the practice's records at any time from the Records area of the Service. An export is delivered as a set of files (one archive per month of history, with a manifest and a contacts file). If the export cannot be assembled while you are signed in, Company emails you when it is ready.

(f) Account deletion by the Owner results in destruction of all archived practice content alongside the rest of the account's data.

(g) Workforce members who were removed when the plan ended do not retain access to the practice's content. The Owner remains the sole point of access for compliance and record-retention purposes.

9.4 Archive Access. The archive described in Section 9.3(d) is provided as a continuing-access convenience to enable Owner-managed record retrieval. An export of a practice's records is delivered as a set of downloadable files containing fax PDFs and metadata (one archive per month of history, with a manifest). The archive does not support new fax transmissions, status changes, comment additions, or other modifications; reactivating the practice's subscription at any time restores full service to the same practice and its records (Section 7.4). Covered Entities subject to laws requiring specific records-retention practices are responsible for exporting and retaining records through systems appropriate for their regulatory obligations.

9.5 Ending a Plan Immediately; Organization Deletion. Standard cancellation of a plan is governed by Section 7.1 (effective at the end of the billing period, reactivatable) and Section 7.2 (the seventy-two-hour full refund). Where the Owner ends the plan without replacing it, the Owner may end it immediately: service ends at once, the seventy-two-hour full refund of Section 7.2(a) applies if its conditions are met, and otherwise the remainder of the current billing period, monthly or annual, is forfeited and is not refunded. Organization deletion is the destruction of the organization and its content, governed by Section 20; it requires the practice's subscription to have first ended (by a Section 7.1 or 7.2 cancellation, or an end under Section 9.3), after which deletion of the retained content may be requested at any time.

10. Acceptable Use

10.1 You agree not to use the Service to:

(a) Transmit unsolicited fax advertisements or engage in any activity that violates the Telephone Consumer Protection Act, the Junk Fax Prevention Act, or any similar federal, state, or local law;

(b) Transmit any content that is unlawful, fraudulent, threatening, abusive, defamatory, obscene, or otherwise objectionable;

(d) Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;

(e) Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service;

(f) Transmit any malware, viruses, worms, or other harmful or disruptive code;

(g) Engage in high-volume unsolicited marketing, broadcast advertising, or similar activities; or

(h) Use the Service in any manner that violates applicable law.

10.2 Company reserves the right to investigate any suspected violation of this Section and to take any action it deems appropriate, including suspension or termination of your account without prior notice.

10.3 Company may suspend or terminate your account with thirty (30) days' written notice. Upon such termination, Protected Health Information shall be handled in accordance with the BAA. Such termination does not relieve you of your obligation to pay for Services rendered prior to the effective date of termination.

11. Intellectual Property

11.1 Company owns all right, title, and interest in and to the Service, including all software, documentation, trademarks, trade names, logos, and other intellectual property associated with the Service.

11.2 You retain all ownership rights in the documents you upload or transmit through the Service. Company does not claim ownership of your documents.

11.3 By using the Service, you grant Company a limited, non-exclusive, non-transferable license to use, reproduce, and process your documents solely for the purpose of providing the Service, including automated document analysis of inbound faxes. This license continues for as long as Company retains the applicable documents under these Terms and the Business Associate Agreement, and terminates upon their destruction.

11.4 Company does not use identifiable Protected Health Information from your fax documents to train, improve, or develop any machine learning or artificial intelligence model. Automated document analysis processes fax content solely to generate classifications and summaries for your own use. This analysis is performed by a subprocessor that is bound by a HIPAA business associate agreement with Company and that does not train its models on your content. Company may create and use de-identified information, which is no longer Protected Health Information and no longer identifies you, as described in Section 11.5, in the Business Associate Agreement, and in the Privacy Policy.

11.5 De-Identified Information. Company may de-identify Protected Health Information processed through the Service in accordance with 45 CFR § 164.514 (the Safe Harbor method of § 164.514(b)(2) or the Expert Determination method of § 164.514(b)(1)), and uses de-identified information solely to operate, analyze, improve, and develop the Service. Once information has been de-identified, it no longer identifies you, can no longer reasonably be used to identify you, is no longer Protected Health Information, is not your document content, and is outside the scope of the Business Associate Agreement. Company does not sell, license, or otherwise disclose de-identified information to any third party. Company retains all intellectual-property rights in de-identified and aggregated information, and those rights survive termination of these Terms and any deletion, return, or destruction of the underlying Protected Health Information.

Company is committed to handling your information honestly and protectively:

(a) Company does not sell Protected Health Information, and does not use information that identifies you to train, improve, or develop any model (see Section 11.4).

(b) De-identified information stays inside Company. Company does not sell, license, or otherwise disclose de-identified information to any third party, and delivers it to no recipient. The protected internal key Company uses to link records is kept strictly confidential and is never shared. Company itself does not re-identify de-identified information except through that protected internal key, which it uses for no other purpose; if Company ever re-identifies a record, that record is again Protected Health Information and is again protected under the Business Associate Agreement.

(c) Because de-identified information no longer identifies you, deleting your records or your account does not delete information that was already de-identified before your deletion request. When you request deletion, Company does not afterward create new de-identified information from the specific records you asked to delete. Information that still identifies you is destroyed in accordance with Section 7.4, Section 9.3, Section 20, and the Privacy Policy; de-identified information that was already created before your request, which is no longer linked to you, is not.

The methods Company uses to de-identify information are described in the Privacy Policy.

12. Privacy

12.1 Company's collection, use, and disclosure of information is governed by the Privacy Policy published at faxpigeon.com/privacy. By using the Service, you acknowledge that you have read and understand the Privacy Policy.

12.2 The Privacy Policy is incorporated into and made a part of these Terms by reference. Your acceptance of these Terms constitutes your acceptance of the Privacy Policy, and no separate acceptance of the Privacy Policy is required.

13. Disclaimer of Warranties

13.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2 WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) FAX TRANSMISSIONS WILL BE SUCCESSFULLY DELIVERED, RECEIVED, OR LEGIBLE; (C) AUTOMATED DOCUMENT ANALYSIS WILL BE ACCURATE OR COMPLETE; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

13.3 COMPANY USES COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SERVICE USING RELIABLE THIRD-PARTY INFRASTRUCTURE. NO SPECIFIC UPTIME PERCENTAGE, SERVICE LEVEL, OR PERFORMANCE GUARANTEE IS PROVIDED.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, BUSINESS OPPORTUNITY, GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE BAA, OR THE PRIVACY POLICY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE REMEDY AND COMPANY'S MAXIMUM LIABILITY.

14.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.4 THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15; (B) LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (C) FEES AND COSTS AWARDED PURSUANT TO A STATUTE THAT PROHIBITS THE WAIVER OF SUCH FEES.

14.5 THE PARTIES ACKNOWLEDGE THAT THE PRICING OF THE SERVICE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS SECTION AND THAT THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. COMPANY WOULD NOT PROVIDE THE SERVICE AT THE STATED PRICING WITHOUT THESE LIMITATIONS.

15. Indemnification

15.1 You agree to release, indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Service in violation of these Terms, the BAA, or applicable law;

(b) Documents, content, or data transmitted, received, or stored through the Service by you or on your behalf;

(d) Your violation or alleged violation of the Telephone Consumer Protection Act, the Junk Fax Prevention Act, or any similar law;

(e) Your failure to comply with HIPAA or other healthcare privacy laws, to the extent such failure is not caused by Company's material breach of the BAA; or

(f) Any third-party claim arising from your use of the Service.

15.2 Company agrees to indemnify, defend, and hold harmless you from and against third-party claims arising directly from Company's material breach of the safeguard obligations set forth in the BAA, provided that such breach is not caused by your acts or omissions.

15.3 The obligations of this Section are conditioned upon: (a) the indemnified party providing prompt written notice of the claim (provided that failure to provide prompt notice shall not relieve the indemnifying party except to the extent materially prejudiced); (b) the indemnifying party having sole control of the defense and settlement of the claim; (c) the indemnified party not settling any claim without the indemnifying party's prior written consent; and (d) the indemnified party providing reasonable cooperation at the indemnifying party's expense.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Dispute Definition

"Dispute" shall have the broadest meaning possible and means any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Service, the BAA, the Privacy Policy, any transaction or relationship between you and Company resulting from your use of the Service, or communications between you and Company, whether based in contract, warranty, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, and regardless of when the claim arose.

16.2 Informal Resolution, Condition Precedent

(a) Before initiating arbitration or any other proceeding, the party asserting a Dispute must first send a written Notice of Dispute to the other party. Notices to Company shall be sent to [email protected]. Notices to you shall be sent to the email address associated with your account.

(b) The Notice of Dispute must: (i) identify the claimant by name and account identifier; (ii) describe the nature and factual basis of the claim; and (iii) set forth the specific relief sought, including the amount of any monetary claim.

(c) Upon receipt of a valid Notice of Dispute, the parties shall engage in good-faith efforts to resolve the Dispute for a period of thirty (30) days. If the claimant is represented by counsel, counsel may participate, but the claimant shall also personally participate in any resolution conference.

(d) Compliance with this Section 16.2, including personal participation, is a mandatory condition precedent to initiating arbitration or any court proceeding. An arbitration demand or court action filed before expiration of the thirty-day resolution period, or without providing the required Notice of Dispute, shall be subject to dismissal without prejudice.

(e) Any applicable statute of limitations, the contractual limitations period set forth in Section 18, and any filing fee deadlines shall be tolled beginning from the date of receipt of a valid Notice of Dispute and while the parties engage in the informal dispute resolution process required by this Section 16.2. Tolling shall cease upon the earlier of (i) expiration of the thirty-day period, (ii) written notice by either party that informal resolution has failed, or (iii) one hundred twenty (120) days after receipt of the Notice of Dispute if the Dispute remains unresolved.

16.3 Mandatory Binding Arbitration

(a) Any Dispute that is not resolved through the informal resolution process in Section 16.2 shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as provided in Section 16.12.

(b) The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by these Terms. In the event of a mass filing as defined by the AAA's Mass Arbitration Supplementary Rules, those rules shall apply. The AAA Rules are available at www.adr.org.

(d) The seat of arbitration shall be Cook County, Illinois. All hearings shall be conducted in person at the seat of arbitration. The arbitrator may permit remote participation by a party only upon written application demonstrating that in-person attendance would impose a substantial and undue hardship, and only with the consent of both parties or a finding of good cause by the arbitrator.

(e) The arbitration shall be conducted in the English language.

(f) The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any state law concerning arbitration.

16.4 Delegation

(a) The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including but not limited to any claim that all or any part of this arbitration provision is void, voidable, or unconscionable.

(b) All issues are for the arbitrator to decide, including issues relating to the scope, applicability, and enforceability of this arbitration provision.

(c) All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court.

16.5 Arbitrator Authority

(a) The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or Dispute.

(b) The arbitrator shall have the authority to award, on an individual basis, monetary damages not to exceed the limitation of liability set forth in Section 14 and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

(c) The arbitrator shall have no authority to award punitive, exemplary, or treble damages under any legal theory, except to the extent such damages are expressly provided by a statute that prohibits the waiver of such remedies.

(d) The arbitrator shall have no authority to modify any term or provision of these Terms, order specific performance of the Service, reform or rewrite any provision of these Terms, or award any relief not expressly authorized by these Terms and applicable law.

(e) The arbitrator shall issue a written statement of decision describing the essential findings and conclusions on which any award or decision is based, including the calculation of any damages awarded.

(f) The arbitrator shall follow applicable law.

16.6 Confidentiality of Proceedings

(a) The parties agree to maintain as confidential the existence of the arbitration, the arbitration proceeding, all submissions, evidence, testimony, correspondence, rulings, and awards, except as required by law, to enforce an arbitration award, in connection with confidential settlement negotiations, or as disclosed to professional advisors under obligations of confidentiality.

(b) Neither party shall issue any press release or public statement regarding the existence or outcome of any arbitration proceeding without the prior written consent of the other party.

16.7 Settlement Offer Confidentiality

During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which either party is entitled.

16.8 Filing Fee Reimbursement

For claims in which the amount in controversy is ten thousand dollars ($10,000) or less, Company will reimburse the claimant's AAA filing fee if the claimant prevails on the merits of the claim.

16.9 Fee Allocation

(a) Each party shall bear its own costs and attorneys' fees in connection with any arbitration, except as provided in Section 16.8 and this Section 16.9(b).

(b) If the arbitrator determines that a claim or defense was frivolous, brought in bad faith, or asserted for an improper purpose, including but not limited to claims that seek recovery for amounts expressly governed by these Terms, claims filed without completing the informal resolution process, claims barred by the limitations period in Section 18, and claims previously resolved or released, the arbitrator may award the prevailing party its reasonable attorneys' fees and costs.

16.10 No-Precedent

Any arbitration award shall have no preclusive effect in any other arbitration or court proceeding involving a different individual or entity. The arbitrator shall not be bound by rulings in prior arbitrations involving different Company customers but is bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

16.11 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU.

AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS.

16.12 Exceptions to Arbitration

(a) Either party may seek injunctive or equitable relief for the protection of intellectual property rights or confidential information in the state courts of Cook County, Illinois, or the United States District Court for the Northern District of Illinois.

(b) Either party may pursue claims in small claims court if the claim qualifies under the court's jurisdictional limits, provided the matter remains in such court and advances only on an individual basis.

(c) The exercise of any exception in this Section 16.12 does not waive the right of either party to compel arbitration of any other Dispute.

(d) Nothing in these Terms prevents either party from filing a complaint with a government regulatory agency. However, to the fullest extent permitted by applicable law, each party agrees not to seek or accept any monetary damages, penalties, or other monetary relief through any regulatory proceeding to the extent that such relief could be pursued through the dispute resolution process set forth in this Section 16.

16.13 Mass Arbitration

(a) A mass arbitration exists when twenty-five (25) or more similar arbitration demands are filed against Company by or with the assistance of the same law firm, group of law firms, or organization.

(b) In the event of a mass arbitration, the AAA's Mass Arbitration Supplementary Rules shall apply. The parties agree to the appointment of a Process Arbitrator to resolve threshold issues, including compliance with the condition precedent in Section 16.2 and any challenges to the propriety of the filings. Global mediation shall be initiated within one hundred twenty (120) days of the Process Arbitrator's appointment.

(c) If mediation does not resolve all demands, remaining demands shall proceed in batches as determined by the Process Arbitrator. The limitations period and filing fee deadlines for demands not yet selected for a batch shall be tolled.

(d) Company may, at its option, decline arbitration of mass-filed demands and instead elect to litigate such demands in the state courts of Cook County, Illinois, or the United States District Court for the Northern District of Illinois. A court, and not an arbitrator, shall have exclusive authority to rule on the enforceability of the mass arbitration waiver provisions in this Section 16.13.

16.14 Severability of Arbitration Provision

IF THE CLASS ACTION WAIVER IN SECTION 16.11 IS FOUND TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION AFTER EXHAUSTION OF ALL APPEALS, THEN THE ENTIRETY OF THIS SECTION 16 SHALL BE NULL AND VOID. In such event, any Disputes shall be resolved in the state courts of Cook County, Illinois, or the United States District Court for the Northern District of Illinois, subject to the jury trial waiver in Section 17, the limitations period in Section 18, and the limitation of liability in Section 14. If any other provision of this Section 16 (other than the class action waiver) is found to be illegal or unenforceable, that provision shall be severed, with the remainder of this Section 16 remaining in full force and effect.

16.15 Survival

The provisions of this Section 16 shall survive the termination, expiration, or cancellation of these Terms and your account. A former user who has canceled or deleted their account remains bound by this Section 16 with respect to any Dispute arising from their use of the Service.

17. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE BAA, OR THE PRIVACY POLICY, WHETHER SUCH PROCEEDING IS IN CONTRACT, TORT, OR OTHERWISE.

THIS WAIVER APPLIES REGARDLESS OF WHETHER SUCH DISPUTE IS SUBJECT TO ARBITRATION UNDER SECTION 16 OR PROCEEDS IN COURT FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE INVALIDITY OR UNENFORCEABILITY OF THE ARBITRATION PROVISION.

EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS ENTERED INTO KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY, AND THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT.

18. Limitations Period

ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE BAA, OR THE PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN THE CLAIMANT KNEW OR SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM AND REGARDLESS OF ANY LONGER STATUTE OF LIMITATIONS THAT MAY OTHERWISE APPLY.

FAILURE TO COMMENCE A CLAIM WITHIN THIS PERIOD CONSTITUTES AN ABSOLUTE AND UNCONDITIONAL BAR TO SUCH CLAIM.

THIS LIMITATIONS PERIOD APPLIES TO ALL CLAIMS REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY.

THE LIMITATIONS PERIOD SHALL BE TOLLED DURING THE PENDENCY OF THE INFORMAL DISPUTE RESOLUTION PROCESS SET FORTH IN SECTION 16.2.

THE PARTIES ACKNOWLEDGE THAT THIS PROVISION CONSTITUTES A MATERIAL TERM OF THE AGREEMENT AND THAT THE PRICING OF THE SERVICE REFLECTS THIS SHORTENED LIMITATIONS PERIOD.

19. Governing Law and Jurisdiction

19.1 These Terms and any Dispute arising out of or relating to these Terms, the Service, the BAA, or the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

19.2 The interpretation and enforcement of the arbitration provision in Section 16 shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

19.3 For any Dispute that is not subject to arbitration or that proceeds in court pursuant to Section 16.14, you consent to the exclusive jurisdiction of the state courts of Cook County, Illinois, and the United States District Court for the Northern District of Illinois. You waive any objection to venue or jurisdiction in such courts.

20. Account Deletion

Canceling your subscription and deleting your account are two different things. Canceling your subscription ends billing and releases your fax number, and your account and your records remain available to you indefinitely, as described in Section 7.4; cancellation never destroys anything. Deleting your account is the destruction of your account and its data: it immediately ends your ability to sign in, and your data is permanently destroyed after the seven (7) day recovery window described in Section 20.6. Your right to export your data, to download individual records, and to have your data deleted on request is described in Sections 20.5 and 20.6 and in the Business Associate Agreement; it is a right Company grants in these agreements, and it does not depend on any particular screen in the Service.

20.1 You may delete your account at any time through the Service, subject to the prerequisites in Section 20.3. Deleting your account immediately ends your access, and schedules your account and all of its data for permanent destruction after the seven (7) day recovery window described in Section 20.6. To keep your records while ending your subscription, cancel under Section 7 instead. After you delete your account, the email address it used cannot be used to open a new account.

20.2 When you delete your account, Company immediately revokes your access credentials and active sessions and ends your ability to sign in. Because deletion requires any subscription to have already ended (Section 20.3), no active plan and no other members exist at that moment. Your account and its data are then held for the seven (7) day recovery window described in Section 20.6, during which the deletion may be undone at your request; after the window closes, your data is permanently destroyed.

20.3 Account deletion has the following prerequisites. You may not delete your account while you are a member of another Owner's practice; first use the Leave option in your account settings. If you are the Owner of an organization, the organization's subscription must first end, by a standard cancellation under Section 7.1 or 7.2 or by an end under Section 9.3; deletion of the organization and its content likewise requires the subscription to have first ended, and becomes available at any time after that. Ending the organization's subscription removes your members' access to the Service and releases its fax number when it takes effect. If you have an active paid subscription, you must cancel it before deleting your account; cancellation takes effect at the end of the current billing period (or immediately where the seventy-two-hour full refund of Section 7.2(a) applies). You may not delete your account while you have in-flight fax transmissions. Deleting your account destroys the retained records of every practice you own, including the archive of an ended plan, after the recovery window; to keep such records, export them first, or keep your account.

20.4 Until you delete your account, Company does not destroy your data on any schedule: however long your account remains unused or unsubscribed, your records remain available to you, and they are destroyed only on a deletion request under Section 20.6.

20.5 Exporting Your Data. You may download your fax documents and associated data, as provided in the Business Associate Agreement (Section 3(j)). Every account, including free evaluation accounts, may download its individual fax documents at any time; this per-record download is a guaranteed access right. In addition, every account, including free evaluation accounts, may generate a self-serve bulk export of its records through the Service, and paid accounts may also request an administrator-assisted export from Company, for example, after a subscription has ended, if you are unable to access the Service, or where the volume of data exceeds what self-serve export can deliver. Company will not condition export of, or access to, your records on any payment dispute. You should export your data before requesting deletion, and your state law may require you to retain records for a minimum period.

20.6 Deleting Your Data and the Recovery Window. Company honors deletion requests on every tier, and deleting specific records never requires deleting your account. You may ask Company to delete specific records or all of your account's data. Every account, including free evaluation accounts, may delete its records through self-serve controls in the Service. You may also request deletion by emailing Company at [email protected], and Company will honor the request. Deleting a single fax is immediate: once you confirm it, the fax is permanently destroyed, with no recovery window and no ability to undo the deletion. Every other deletion (a selection of records, all of your records, a practice, or your account) is scheduled: the records within the scope of that request, fixed at the time you make the request, are retained for a recovery window of seven (7) days before they are permanently destroyed. Records created after you make a deletion request are not affected by that request. During the recovery window the deletion may be undone: while you can sign in, you (the Owner) may undo it yourself, and Company support may undo it at your request; where you have requested deletion of your account itself, you can no longer sign in to undo it, but Company support can still undo it at your request during the window. After the recovery window closes, Company permanently destroys the live, working copy of the records and renders them beyond use, and you can no longer recover them. Any residual copies that remain in Company's short-term disaster-recovery backups are kept only for disaster recovery, are never restored to your account or used for any other purpose, and age out of those backups automatically within ninety (90) days. Deletion of your fax records destroys the affected fax documents, their stored files, and the automated-analysis annotations and extracted fields associated with them; a record of the fact of deletion is retained in the audit log. After you ask Company to delete specific records, Company does not create new de-identified information from those records, and this Section does not require the destruction of information that was already de-identified before your request, as described in Section 11.5.

20.7 Requests During the Recovery Window. After you request deletion of your account, you may still ask Company, by emailing [email protected], to undo the deletion or to provide a copy of your data, at any time before the recovery window closes. Company will verify your identity before acting on any such request and will deliver any exported data only through a secure, time-limited link and never to an unverified requester. With the deletion undone, your records are again available in full. Once the recovery window closes and destruction completes, no data remains to recover or export.

21. Modifications to Terms

21.1 Company may modify these Terms at any time by publishing the revised version at faxpigeon.com/terms.

21.2 For material changes, Company will provide notice by email to the address associated with your account at least thirty (30) days before the effective date of the revised Terms.

21.3 Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms.

21.4 If you do not agree to any revised Terms, you must cancel your account before the effective date of the revision.

22. Modifications to Service

22.1 Company reserves the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice, except that a reduction in the monthly pages included in your plan is treated exactly like a price change under Section 6.1: at least thirty (30) days' notice by email, taking effect at your next renewal. A change to a plan's per-page overage rate is published on the pricing page and in Settings › Plan and applies only to pages sent or received after it is published, as Section 6.7 provides; pages you have already sent or received are never re-rated. Every paid plan continues to include the people who work in your practice (Section 9.1).

22.2 Company will make reasonable efforts to provide advance notice of material changes to the Service when feasible.

22.3 Company shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

23. General Provisions

23.1 Entire Agreement. These Terms, together with the BAA and the Privacy Policy, constitute the entire agreement between you and Company regarding the Service and supersede all prior oral and written agreements, understandings, and communications.

23.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect. This general severability provision does not apply to the class action waiver in Section 16.11, which is governed by the specific severability provision in Section 16.14.

23.3 Waiver. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it. A waiver of any provision of these Terms shall not be effective unless in writing and signed by the waiving party.

23.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Company's prior written consent. Company may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms and the BAA.

23.5 Force Majeure. Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics, government actions, power failures, Internet disruptions, or telecommunications failures. This Section does not relieve you of your obligation to pay amounts owed to Company.

23.6 Notices. All notices required or permitted under these Terms shall be sent by email. Notices to you shall be sent to the email address associated with your account and are deemed received upon sending. You are responsible for keeping the email address associated with your account accurate and current. Notices to Company shall be sent to [email protected].

23.7 Independent Contractors. The relationship between you and Company is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship.

23.8 Export Compliance. You agree to comply with all applicable export and import laws and regulations in your use of the Service.

23.9 Electronic Communications. By creating an account, you consent to receive communications from Company electronically, including by email and through notices posted within the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

23.10 Headings. The section headings in these Terms are for convenience only and have no legal or contractual significance.

23.11 Survival. The following Sections shall survive the termination, expiration, or cancellation of these Terms and your account: Section 11 (Intellectual Property), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), Section 17 (Jury Trial Waiver), Section 18 (Limitations Period), Section 19 (Governing Law and Jurisdiction), and this Section 23.

23.12 No Third-Party Beneficiaries. These Terms are between you and Company only. Nothing in these Terms confers any right, remedy, or claim on any other person or entity, including any individual whose information is transmitted through the Service.

24. Contact

Fax Pigeon LLC 211 W. Wacker Drive, Ste 120, PMB 2449, Chicago, Illinois 60606

[email protected]