EasyAsFax

Terms of Service

Please read these terms carefully before using EasyAsFax.

1. Acceptance of Terms

EasyAsFax ("we," "us," or "our") provides a web-based interface for sending PDF documents to physical fax machines ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Conclusion of Contract & Storage of Text

The presentation of the service on our website does not constitute a legally binding offer, but an invitation to place an order. By clicking the "Pay & Send Fax" button, you place a binding order for the service. The contract is concluded when we accept your order by effectively initiating the fax transmission or sending a confirmation email.

Storage of Contract Text: We do not store the complete contract text for you to access online after the transaction. The contract data (service details, price) is sent to you in the order confirmation email. We recommend you save the email or these Terms for your records.

3. Prohibited Use & Anti-Spam Policy

You are solely responsible for the content of your fax transmissions and for ensuring all uses of the Service comply with applicable laws. EasyAsFax acts as a technical service provider and is not responsible for the content you send. You strictly agree NOT to use the Service to:

  • Send Unsolicited Faxes (Spam): You are prohibited from using the Service to send unsolicited advertisements, marketing material, or "junk faxes." You affirm that you have obtained the prior, express, and informed consent of the recipient to send the fax, particularly if it contains any commercial or promotional content. This is required under laws like the Telephone Consumer Protection Act (TCPA) in the US and the ePrivacy Directive in the EU.
  • Illegal Content: Transmit material that is unlawful, threatening, abusive, harassing, defamatory, or invasive of privacy or publicity rights.
  • Fraudulent Activity: Use the Service for phishing, identity theft, or any fraudulent purpose.
  • Harassment: Use the Service to harass or stalk individuals.

Liability for Misuse: You agree to indemnify and hold harmless EasyAsFax against any costs, fines, damages, or legal fees (including attorneys' fees) resulting from your violation of these terms or any applicable anti-spam/privacy laws. We reserve the right to immediately terminate your access, block specific IP addresses, or block specific phone numbers without notice if misuse is suspected or detected.

4. Privacy and Data Processing

Your privacy is important. This section serves as our Privacy Policy and outlines how we handle your data.

A. Information We Collect

  • Fax Content: The PDF document you upload.
  • Transmission Data: The recipient's fax number.
  • Payment Information: Processed directly by Stripe (we do not store credit card numbers).
  • Technical Data: IP address and browser type for security and fraud prevention.

B. How We Use Your Information

  • To transmit your document to the destination fax number.
  • To process your payment via our secure payment processor.
  • To prevent fraud and abuse of our Service.

C. Data Retention (Auto-Deletion)

We enforce a strict auto-deletion policy. Documents: Your uploaded PDF files are encrypted at rest and automatically deleted from our servers immediately after the fax transmission is completed (whether successful or failed). We do not archive your documents. Logs: We retain metadata (time of send, recipient number, status) for a limited period to assist with customer support and refunds.

D. Your Rights (GDPR)

EU/EEA Users have the right to access, rectify, or erase their personal data, object to processing, or request data portability. To exercise these rights, please contact us. Note that the right to erasure may be limited by legal retention obligations for transaction data.

5. Third-Party Service Providers and Data Transfers

To provide our Service, we engage with certain third-party service providers. This section outlines who they are and how they handle your data.

Payment Processing

We use Stripe, a US-based company, to securely process all payments. When you initiate a transaction, your payment information is sent directly to Stripe's secure servers. We do not store or have access to your full credit card details. Stripe's processing is governed by its own privacy policy and terms of service.

Hosting and Infrastructure

Our website and application are hosted on Vercel Inc., a US-based company. Vercel provides the cloud infrastructure necessary to run our Service. Your use of our Service involves the transfer of data to Vercel's servers, which may be located outside of your country of residence, including the United States.

Fax Transmission

To deliver your fax, we transmit the fax content and recipient number to a third-party telephony provider. This provider handles the actual conversion of your document and its delivery over the telephone network. This transfer is necessary for the performance of our contract with you. We use providers that offer appropriate security measures to protect your data during transmission.

Security and Fraud Prevention

We utilize Cloudflare Turnstile, a service provided by Cloudflare, Inc., a US-based company, for security purposes and to prevent fraud and abuse on our Service. Turnstile analyzes interaction patterns with our website (e.g., mouse movements, touch events, behavior of the visitor) to distinguish between legitimate users and bots without requiring users to solve a CAPTCHA. This service helps protect our forms from spam and automated attacks. By using our Service, you agree to the processing of your data by Cloudflare Turnstile as described in Cloudflare's Privacy Policy.

For EU/EEA Users (International Data Transfers)

As our service providers (Stripe, Vercel, and our fax transmission partners) are based in the United States, your personal data will be transferred to and processed in the US. Such transfers are protected by appropriate safeguards, such as Standard Contractual Clauses (SCCs), where applicable, in accordance with GDPR requirements. You can request a copy of these safeguards by contacting us.

6. Payments & Refund Policy

Pay-Per-Use: We charge a flat fee per fax transmission. Payment is required before the transmission is initiated.

Refund Eligibility: Refunds are provided strictly if the Service fails to deliver your fax due to technical issues on our end or network failures (e.g., persistent busy signal after retries).

No Refund Conditions

We do NOT provide refunds in the following cases:

  • User Error: Incorrect fax numbers provided by you.
  • Change of Mind: If you cancel or change your mind after the fax transmission has been initiated.
  • Recipient Rejection: Documents that are rejected by the receiving fax machine/person for content reasons.
  • Prepaid Services: Prepaid credits or "Prepay & Save" bundles are non-refundable once purchased.

Widerrufsbelehrung (Right of Withdrawal - EU/Germany)

Widerrufsrecht: Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.

Erlöschen des Widerrufsrechts: Ihr Widerrufsrecht erlischt vorzeitig, wenn wir die Dienstleistung vollständig erbracht haben und mit der Ausführung der Dienstleistung erst begonnen haben, nachdem Sie dazu Ihre ausdrückliche Zustimmung gegeben haben und gleichzeitig Ihre Kenntnis davon bestätigt haben, dass Sie Ihr Widerrufsrecht bei vollständiger Vertragserfüllung durch uns verlieren.

Note for Non-German Speakers: Your 14-day right of withdrawal expires immediately once the fax transmission is initiated, provided you have given your express consent and acknowledged the loss of this right.

Muster-Widerrufsformular (Model Withdrawal Form)

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

An: EasyAsFax, [email protected]

Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung (*)

Bestellt am (*)/erhalten am (*): [Datum]

Name des/der Verbraucher(s): [Name]

Anschrift des/der Verbraucher(s): [Anschrift]

Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier): _______________

Datum: _______________

(*) Unzutreffendes streichen.

7. Limitation of Liability

To the maximum extent permitted by applicable law, EasyAsFax 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 (a) your use or inability to use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions.

For German Users (Mandatory Liability)

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct or gross negligence (Vorsatz oder grobe Fahrlässigkeit); or (d) any other liability that cannot be excluded or limited under German law. For slight negligence (leichte Fahrlässigkeit), we are only liable for breach of essential contractual obligations (wesentliche Vertragspflichten), and such liability is limited to foreseeable, typically occurring damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless EasyAsFax from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your **culpable** violation of these Terms or your **culpable** use of the Service (i.e., due to your negligence or intent), including, but not limited to, your violation of any anti-spam laws (such as the TCPA) or your transmission of illegal or threatening content.

For German Users (Indemnification Scope)

For users residing in Germany, your obligation to indemnify EasyAsFax under this Section 8 applies only to damages and expenses that you are legally responsible for due to your fault (negligence or intent).

9. Governing Law & Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Germany.

For EU/EEA users, if you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions.

Jurisdiction: You agree that the courts of Stuttgart, Germany, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. If you are a consumer resident in the EU/EEA, you may also bring proceedings in the courts of the country in which you are resident.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

10. Service Notifications

By using the Service, you acknowledge and agree that we will send you transactional emails regarding the status of your fax transmission (e.g., order confirmation, delivery success, or failure notifications). These communications are an integral part of the Service and are not marketing emails.

11. Dispute Resolution

Hinweis gemäß Verbraucherstreitbeilegungsgesetz (VSBG)

Wir sind weder bereit noch verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.

(Translation: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.)

Direct Resolution: We are always happy to try to resolve any issues directly with you. Please contact us at [email protected] before initiating any formal dispute process.

12. Specific Legal Provisions for Users

For US Users (TCPA & State Laws)

TCPA Compliance: You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA) and all applicable state laws. You represent and warrant that you have obtained the prior express written consent from the recipient to send the fax, especially if it contains an advertisement. You agree to indemnify EasyAsFax for any TCPA violations, including fines or legal fees, resulting from your use of the Service. EasyAsFax does not verify or warrant that your use of the Service is TCPA compliant.

California Residents (CCPA/CPRA Notice)

If you are a California resident, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide you with specific rights regarding your personal information. We collect personal information such as your email address and details of your transactions to provide our services. We do not sell your personal information. For a detailed list of data categories and purposes, and to learn more about your privacy rights, please review our full Privacy Policy.

For EU/EEA Users (GDPR & ePrivacy)

As a service provider, EasyAsFax processes data on your behalf. You are responsible for ensuring that your use of the Service, including the sending of faxes, complies with the General Data Protection Regulation (GDPR) and the ePrivacy Directive. This includes, but is not limited to, obtaining a valid legal basis (e.g., consent or legitimate interest) for processing the recipient's fax number and ensuring the recipient is aware of and has agreed to the transmission.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Service Provider

EasyAsFax

Simon Schraeder

Auf der Steig 52, 70376 Stuttgart, Germany

Email: [email protected]