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Terms

SOFTWARE AS A SERVICE (SaaS) TERMS OF SERVICE

Last updated August 28, 2025

These Terms of Service ("Terms") govern your access to and use of the multi-tenant software-as-a-service platform and related services offered by faxt Development ("faxt," "we," "us," or "our"). Our customers are businesses (including small businesses) that use the Services for their own internal business purposes and for interactions with their employees, contractors, and end-customers. By creating an account, clicking "accept," or using any part of the Services, you agree to be bound by these Terms.

These Terms are a legal agreement between you and faxt Development for subscription-based access to the Services. The Services may include web applications, APIs, messaging capabilities (e.g., email/SMS, subject to Section 16), integrations, and related support. You represent and warrant that you have authority to bind the business you represent.

To the extent you invite or authorize users to access your account (for example, your staff or agents), you are responsible for their compliance with these Terms. You may use the Services only in accordance with applicable law and these Terms. All rights not expressly granted are reserved by faxt Development.

1. THE SERVICES

The Services are a multi-tenant, subscription-based software platform designed for business use across various industries. Features may include configurable workflows, data storage and processing, communications, integrations, and related functionality delivered primarily via the web.

The Services are not designed to meet requirements of industry-specific laws or regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Gramm-Leach-Bliley Act (GLBA), etc.). If your use would be subject to such laws, you must not use the Services unless we expressly agree in writing.

2. SUBSCRIPTION AND ACCESS RIGHTS

2.1 Subscription: Subject to these Terms and your timely payment of all fees, faxt Development grants you a non-transferable, non-exclusive, time-limited right to access and use the Services for your internal business purposes during the applicable subscription term.

2.2 Restrictions: You shall not (and shall not permit any third party to) copy, modify, adapt, translate, create derivative works of, reverse engineer, decompile, or disassemble the Services, or circumvent any technical measures of the Services, except to the extent such restriction is prohibited by law.

2.3 Accounts: You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.

2.4 Third-Party Services: Certain features may depend on or integrate with third-party services (e.g., messaging carriers, email providers, payment processors). Your use of such services may be subject to third-party terms and policies.

3. TECHNICAL REQUIREMENTS

3.1 Internet Access and Browser: The Services require reliable internet access and a modern, supported web browser. We recommend current versions of Chrome, Edge, Firefox, or Safari.

3.2 Updates: We may make updates and changes to the Services on a rolling basis. Certain features may require enabling cookies, JavaScript, or specific security settings. You are not entitled to any particular update or feature unless included in your subscription.

3.3 Customer Systems: You are responsible for procuring and maintaining the hardware, software, and network connectivity needed to access the Services.

3.4 Changes to Requirements: We may modify technical requirements at any time to maintain security, performance, or compatibility.

4. MAINTENANCE AND SUPPORT

4.1 Support Services: faxt Development provides standard support for the Services as part of your subscription. For assistance, contact info@faxt.com or see the support resources provided within the Services.

4.2 Service Changes and Maintenance: We may perform maintenance, updates, and changes from time to time. We strive to minimize disruption and, where reasonable, will provide notice of scheduled maintenance windows.

5. USE OF DATA

5.1 Data Access and Use: faxt Development may access, process, and store data you submit to or through the Services ("Customer Data") to provide, secure, support, and improve the Services, to comply with law, and as described in our Privacy Policy: https://faxt.com/privacy. You retain ownership of Customer Data. You grant faxt Development a non-exclusive license to host, process, transmit, and display Customer Data solely to deliver the Services and related support.
Compliance: You are responsible for obtaining all rights and consents necessary for your use of the Services and for ensuring your collection and use of Customer Data complies with applicable law.
Aggregated/Anonymized Data: We may generate and use aggregated and/or anonymized data that does not identify you or your end users to analyze and improve the Services.
Data Retention and Deletion: We retain Customer Data per our Privacy Policy and your account settings. Upon termination or your request, we will delete or return Customer Data in accordance with our data handling practices and applicable law.

5.2 SMS Data Collection and Use

For SMS services, we collect and use:
Phone Numbers: To deliver messages and maintain subscription status
Message Content: Sent and received messages for service delivery and support
Engagement Data: Delivery status, open rates, and response data
Consent Records: Documentation of opt-in and opt-out actions


Data Retention: SMS data is retained for:

Active subscriptions: Duration of subscription plus 3 years
Opt-out records: Permanent retention to honor opt-out requests
Message logs: 2 years for compliance and support purposes

6. LIABILITY

6.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

7. WARRANTY

7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of faxt Internet Development, LLC's sphere of influence that affect the executability of the Application.

7.3 You are required to inspect the Application immediately after installing it and notify faxt Internet Development, LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of __________ days after discovery.

7.4 If we confirm that the Application is defective, faxt Internet Development, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

8. PRODUCT CLAIMS

faxt Internet Development, LLC and the End-User acknowledge that faxt Internet Development, LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

9. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

faxt
Lake City, FL 32055
Laporte, MN 56541
United States
info@faxt.com
(386) 200-5141

11. TERMINATION

The license is valid until terminated by faxt Internet Development, LLC or by You. Your rights under this license will terminate automatically and without notice from faxt Internet Development, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

faxt Internet Development, LLC represents and warrants that faxt Internet Development, LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

13. INTELLECTUAL PROPERTY RIGHTS

faxt Internet Development, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, faxt Internet Development, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

14. APPLICABLE LAW

This license agreement is governed by the laws of the State of Minnesota excluding its conflicts of law rules.

15. MISCELLANEOUS

15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

These terms of use were created using Termly’s Terms and Conditions Generator.

16. SMS TEXT MESSAGING TERMS

16.1 SMS Service Overview

faxt Internet Development, LLC ("faxt," "we," "us," or "our") provides SMS text messaging services to businesses and their customers through our platform. By using our SMS services or opting in to receive text messages through our clients' campaigns, you agree to these SMS terms in addition to our general Terms of Service.

16.2 Consent and Opt-In Requirements

Explicit Consent Required: You must provide explicit, written consent to receive SMS messages from our clients. Consent is obtained through:
Web forms with clear disclosure language
Double opt-in confirmation process
Keyword-based opt-in with confirmation
Other verified consent methods as described in our client campaigns

Consent Language: When you opt in, you acknowledge and agree to language substantially similar to: "By providing your phone number and opting in, you agree to receive text messages from [Business Name] including [types of messages]. You may receive up to [frequency] messages per month. Message and data rates may apply. Reply STOP to opt out anytime. Reply HELP for assistance."

16.3 Types of Messages

You may receive the following types of messages:
Appointment confirmations and reminders
Order confirmations and delivery notifications
Account alerts and service updates
Event reminders and notifications
Customer service communications
Promotional offers (only with explicit promotional consent)
Survey requests and feedback collection
Two-way customer support conversations

16.4 Message Frequency and Timing

Frequency: Message frequency varies by campaign, typically 1-4 messages per month per subscription
Timing: Messages are generally sent during business hours (8 AM - 8 PM) in your local time zone
Volume: We reserve the right to limit message volume to prevent abuse

16.5 Opt-Out and Unsubscribe

Your Rights: You can opt out of receiving messages at any time by:
Replying STOP, UNSUBSCRIBE, QUIT, CANCEL, or END to any message
Contacting the business directly
Contacting us at the information provided below

Confirmation: You will receive a confirmation message when you successfully opt out
Resubscription: You can resubscribe by replying START or following the original opt-in process

16.6 Help and Support

Reply HELP to any message to receive support information, or contact:
The originating business directly (contact info provided in messages)
faxt support at info@faxt.com

16.7 Message and Data Rates

Carrier Charges: Message and data rates may apply according to your mobile service plan. We are not responsible for any charges from your mobile carrier.
Delivery: Message delivery is subject to network availability and carrier limitations. We cannot guarantee message delivery timing or success.

16.8 Prohibited Uses

You may not use our SMS services to:
Send spam, unsolicited, or bulk messages
Transmit harmful, threatening, or illegal content
Impersonate others or misrepresent your identity
Violate any applicable laws or regulations
Circumvent opt-out mechanisms
Share or distribute phone numbers without consent

16.9 Privacy and Data Protection

Data Collection: We collect phone numbers, message content, and engagement data as described in our Privacy Policy at https://faxt.com/privacy
Data Use: We use SMS data to:
Deliver messages as requested
Maintain opt-in/opt-out status
Improve our services
Comply with legal requirements
Data Sharing: We do not sell phone numbers or message data to third parties. We may share data with:
The business client who initiated the messaging campaign
Service providers necessary for message delivery
Authorities when required by law

16.10 Compliance and Legal Requirements

Our SMS services comply with:
Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
CTIA Messaging Principles and Best Practices
Carrier requirements and guidelines
FCC regulations

16.11 Service Availability

Uptime: We strive for high service availability but cannot guarantee uninterrupted service
Maintenance: We may suspend service for maintenance with reasonable notice when possible
Termination: We reserve the right to terminate SMS services with 30 days' notice

16.12 Liability and Disclaimers

Service Disclaimer: SMS services are provided "AS IS" without warranties of any kind
Limitation of Liability: Our liability for SMS services is limited to direct damages not exceeding $100 or the amount paid for services in the past 12 months, whichever is less
Carrier Disclaimer: We are not responsible for carrier-related delivery failures, delays, or charges

16.13 International Messaging

International SMS may be available for certain campaigns subject to:
Additional charges and fees
Compliance with destination country laws
Carrier and regulatory restrictions
Separate terms and conditions

17. SMS Terms Modifications

We reserve the right to modify these SMS terms at any time. Material changes will be communicated through:
Website posting at https://faxt.com/terms
Email notification to business clients
SMS notification for significant changes affecting user rights

Continued use of SMS services after changes constitutes acceptance of modified terms.

18. SMS Dispute Resolution

Informal Resolution: SMS-related disputes should first be addressed by contacting us directly at info@faxt.com
Formal Disputes: Unresolved disputes are subject to the dispute resolution procedures outlined in Section 14 (Applicable Law) of these Terms
Regulatory Complaints: You may also file complaints with:
Federal Communications Commission (FCC)
Federal Trade Commission (FTC)
Your state attorney general's office

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