End User Agreement

These Terms of Service (“Terms”) govern your use of the services provided by FaxSIPit Services Inc. (“Company”), which are made available to you through a Partner (“Reseller”). By using the services, you agree to comply with these Terms. If you do not agree to the Terms, you may not use the services.

1. Services Description

The “Services” refer to any software-as-a-service offerings provided by the Company, as detailed on the Company’s website or communicated through other means. This includes any modifications, upgrades, or add-ons. Specific details, costs, and any additional terms will be outlined in separate documentation such as quotes or invoices.

2. Data Security and Privacy

The Company is dedicated to establishing trusting relationships based on respect for personal identity and information. The Company’s current Privacy Policy is available at https://www.faxsipit.com/privacy-policy. This policy sets out what information the Company collects, how the Company uses it and under what circumstances, if any, the Company discloses it. If the Company decides to change its privacy policy, an updated version will be posted to that link. The Company will use information in accordance with the Privacy Policy. By accepting this agreement you also accept the current and future versions of the Privacy Policy.

Confidentiality
Both parties acknowledge that confidential information may be disclosed during discussions leading to execution of this Agreement and while it is in force. Each party agrees to protect the other’s confidential information and not disclose it to third parties, except as required by law or with prior consent.

Data Ownership
You retain ownership of all data entered or stored using the Services. The Company may use your data only to provide the Services or as required by law. The Company will not share your data with third parties except as necessary to provide the Services or as stated in the Privacy Policy.

3. Account Management and Access

End Users
You are responsible for ensuring that all users (“End Users”) under your account comply with these Terms. It is your responsibility to provide End Users with appropriate instructions and guidance to ensure their compliance.

Administrator Access
Upon account activation, the Company will issue credentials (admin user ID and password) to your designated account manager with administrator privileges (“Administrator”). The Administrator will manage End Users via the Company’s web portal. Administrator(s) are responsible to maintain the security of account PIN/password and other confidential information relating to the Services, unless otherwise defined in your agreement with your Reseller. Administrator(s) must notify the Company of any unauthorized use of your account or any other breach of security known to you immediately upon discovery of such breach and no later than 24 hours after discovery of such a breach.

4. Fax Storage

If you elect to have storage for your Corporate account, the Company will store fax messages received through your Corporate Number. The Administrator has the ability to set the retention period for stored faxes, measured from the date of receipt of such fax. You may access these faxes through the online portal. You acknowledge that the Company may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on the Company’s servers on your behalf, at any time, as provided for in Section 9. You further agree that, subject to applicable law, the Company has no responsibility or liability whatsoever for the storage, deletion of, or failure to store any fax messages and/or other communications maintained or transmitted by the Services.

You further agree not to use the Services to store any type of information that imposes independent obligations upon the Company such as PII (Personally Identifiable Information) and PHI (Protected Health Information).

5. Subscription and Payment

Services are provided on a subscription basis, with payment terms, duration, and renewal schedules set by the Reseller. All payments are made directly to the Reseller according to the terms agreed upon during your registration. The Company is not responsible for the terms of your payment, termination, or renewal, as these are governed by your agreement with the Reseller; this includes:

Payment: All payments are made directly to the reseller. The Company is not responsible for any billing disputes.
Termination: Terms and processes for termination and refunds are governed by your reseller. The Company is not responsible for issues related to cancellations.
Dispute Resolution: Any disputes, including those related to payment, service quality, or other matters, must be addressed directly with your reseller.

6. Termination for Cause

The Company reserves the right to terminate your access to the Services immediately if you violate any of the terms of this Agreement, including failure to comply with usage restrictions outlined in Section 7.

7. Use of Services and Restrictions

You agree to use the Services in compliance with applicable laws and not for unauthorized purposes. Prohibited activities include but are not limited to:

Sending unsolicited commercial messages (spam)
Uploading or distributing illegal, harmful, or malicious content
Violating the privacy of others
Violating the Company’s Acceptable Use Policy linked here: https://www.faxsipit.com/acceptable-use

By agreeing to the Terms you are agreeing to the Acceptable Use Policy, which states that you agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (2) not to use the Service for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You further agree not to store any type of information that imposes independent obligations upon the Company such as PII (Personally Identifiable Information) and PHI (Protected Health Information). The Service makes use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Service for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the Service.

The Company reserves the right to suspend or terminate access if your usage violates these Terms.

8. Limitation of Liability

a. ALL COMPANY SOFTWARE AND THE SERVICE IS/ARE PROVIDED “AS IS,” AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF COMPANY SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF ALL COMPANY SOFTWARE AND THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE COMPANY SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF COMPANY SOFTWARE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $3000.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF THE COMPANY’S OR ANY SUCH AFFILIATE.S, LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.

9. Modifications to Terms and Services

Any amendments to this End User Agreement must be in writing and agreed upon by both parties. Company reserves the right to amend this agreement unilaterally if changes are required to remain in compliance with regulations including Code of Federal Regulations (CFR) and others mandated and regulated by relevant governing authorities.

The Company may also modify, suspend, or discontinue the Services at any time and shall not be liable for any damages resulting from such actions.

10. Force Majeure

The Company shall be relieved from the performance of its obligations under the this Agreement if, and for so long as, it is unable to perform such obligations due to circumstances beyond its reasonable control, including, but not limited to, power surges or failures, acts of God, acts or omissions of any common carrier, labor disputes, regulatory restrictions, changes in law or regulation, or other acts of governmental authority.

In no event will Company, any supplier of services to Company or any landlord or licensor of Company where Company equipment or facilities are located, be liable in any manner or upon any basis to customer for any loss or damages, whether direct or indirect, incidental, special or consequential, resulting from an interruption in the Services provided by Company to the customer, caused by or attributable to, directly or indirectly, fire or other perils or factors beyond the reasonable control of Company and any of its suppliers, landlords or licensees.

11. Governing Law and Dispute Resolution

The governing law and jurisdiction for this Agreement, as well as any disputes, are determined by your agreement with your Reseller.

12. Indemnification

You shall, at your sole expense, indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including actual attorney’s fees and costs, arising out of or in connection with Your breach of any terms of this Agreement.

Such indemnification shall apply to any third-party claim(s) asserted against or incurred by Company, insofar as such claims are based on or arise out of your use of Company Services. Company shall promptly notify you, in writing, of any such claims and will allow your attorneys and relevant third-party suppliers to handle and control the defense of such claims or suits. Company reserves the right to participate in any such action at its own expense.

This indemnification obligation shall survive the termination of this Agreement and the cessation of your use of the Services.

13. Language of Agreement

FaxSIPit and you confirm that they wish to have the Agreement written in English only.

Headings do not form part of the agreement and are for convenience only