Terms of Service

Last update: 09 September 2024

1. Acceptance of Terms

This agreement is between you ("you", "user"), an authorized user of the Services (as defined below), and KD Software Technologies ("us", "we", "the Company"), a company registered in The Netherlands, which provides, and operates JustFax ("the Services"), https://justfax.online ("website"), and various related services. By using the Services, you further confirm your acceptance of and agree to be bound by this agreement ("Terms of Service"), as well as our Privacy Policy.

2. Description of the Services

We provide and operate an online fax solution which allows you sending PDF, image, and any other file format we decide to support in the future, via the internet to a remote fax machine. Our Services are offered via our online website and can be accessed by any device that is connected to the internet, as well through official applications for mobile devices, should we decide to maintain these.

You are responsible for providing the necessary equipment such as computer or a mobile device, access to the internet, and enough bandwidth to be able to upload files, in order to fully use the Services.

We reserve the right to modify or discontinue the Services, or part of them. This includes, but not limited to, modification or removal of the Services features; controlling access to the Services; etc. We will not be liable to you or any third party with whom you might be affiliated, should we decide to exercise this right. Usage of new features, or modifications, to the Services will be bound by these Terms of Service.

3. Your Data and Privacy

In order for us to operate the website and provide you with the Services, we collect and process data from you. This data is collected for the purposes of providing you with the Services. By accessing and using our website and/or the Services we provide you, you agree to provide us with said data and is obligated to provide truthful and correct data only.

You also grant us the right to disclose said data, or part of it, to any third party we work with in order to provide you with the Services. You can learn more about what data we collect, how we store it, and to whom we disclose it in our Privacy Policy which is an integral part of this agreement.

4. Your Responsibilities

You are responsible for the data your share with us. We will not be liable for corrupted or malformed files that you share with us when using the Services. You are also obligated to share only files that you have full ownership of. Sharing harmful, illegal, copyrighted, sexual, or unlawful files or information that is against the Terms of Service will lead to an immediate termination of you account and your access to use the Services in part or fully. We reserve the right for legal actions against unlawful materials shared by you and or any damage caused by your actions to us or any third party.

5. Usage of the Services

You may use the Service we provide only for their intended purpose. It's against the Terms of Service to exploit the Services, or conducting illegal activity through the Services. Transmission of illegal documents, intentional and unintentional abuse of the Services, will lead to termination of you account and restriction to use the Service in part or fully. We reserve the right for legal actions against unlawful usage of our Services, and can claim for damage that is done to us or any third party by such usage.

6. Termination

You are free to stop using the Services at any moment. We reserve the right to terminate your access to Services in part or fully if we have the reason to suspect:

  1. you're in breach of the Terms of Service,
  2. your use of the Services is unlawful, abusive, or could cause a real loss or harm to us or a third party,
  3. you did not fulfill your obligation to us by paying for the use of the Services

We will do our best in order to inform you upon termination of you access to the Service, but we reserve the right to terminate your access without prior notification.

7. Discontinuation of the Services

We reserve the right to discontinue the Service at any moment due to unforeseen circumstances or events beyond our control, or to comply with legal requirements. We will do our best in order to inform you of that decision, and allow you to export your data. In case it won't be possible for us to inform you in advance, you agree that you won't have any claims or complaints to us. Any service that you've paid for, and we weren't able to fulfill due to discontinuation, will be refunded in full.

8. Payment and Payment Terms

Use of the Services might require payment from you. In an event where you will be required to pay for the use of the Services, such payment will be done through a secure third party provider. By using the Services you agree to be bound by the Terms of Use of said payment provider. Furthermore, we do not store and or process your payment information including, but not limited to: billing information, credit card information, tax information.

The pricing for the use of our Services is displayed clearly on our website and is subject to change without prior notice. Changing of the pricing will not affect transactions that were already completed, or transactions that are currently in progress.

In case of inability to provide the Services you've paid for, as an example, but not limited to, due to inability to deliver your fax, you will be issued an automatic full refund to the original payment method. Refunds might take a few days to process. WE WILL NOT BE LIABLE FOR LOSSES INCURRED BY YOU DUE TO CURRENCY RATE EXCHANGES, PROCESSING FEES FROM YOUR BANK/CARD ISSUER/OTHER FINANCIAL INSTITUTION, OR ANY OTHER FINANCIAL FEE OUTSIDE OUR CONTROL.

All transactions are processed at the currency displayed at the moment of checkout. Currency exchange rates, if applicable, are determined by our payment provider.

You are responsible for any taxes or fees imposed by your jurisdiction in connection with the use of our Services. The total amount due, as displayed during the checkout process, includes any applicable taxes and fess.

9. Security

We are committed to safeguarding the security of your information. We implement industry-standard measures to protect the confidentiality, integrity, and availability of the data you upload to our Services.

All communication between your device and our servers is encrypted using Secure Socket Layer (SSL) technology. This ensures that your data remains private and secure during transmission.

Fax files are stored in a secure database, and access to this database is restricted to authorized personnel only. We employ strict access controls and monitoring to prevent unauthorized access or tampering. Actual fax files you share with us, are stored as long as we need them to operate the Services we provide. The moment we provided you with the Services, for example, but not limited to, delivering your fax to its recipient, we delete the actual files from our servers. Access to your files is strictly monitored, and they are inaccessible to any employee or third party, except for third parties that we are required to share your information with in order to provide you with the Services.

While we take reasonable steps to secure your data, no system is completely secure. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or misuse your personal information.

10. Services "AS IS"

We strive to provide the best Services to you as possible, but there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTFAX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL CONTENT. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

IN NO EVENT SHALL WE, OUR SUPPLIERS, PROVIDERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFIT, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • THE USE OR INABILITY TO USE OUR SERVICES
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
  • ANY BUGS, VIRUSES, TROJAN HORSES, AND THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVERS.

The limitations of liability set forth in this section apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.