Terms of Service
These terms are provisional and subject to change.
These Terms of Service ("Terms") govern your access to and use of DogwoodFax (the "Service"), a cloud-based fax service operated by DogwoodFax ("we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
DogwoodFax lets registered users transmit documents by facsimile ("fax") over the internet through third-party telecommunications carriers. The Service may also allow you to view a history of faxes you have sent, manage your account, and pay for usage. We may add, change, or remove features at any time.
The Service depends on third-party providers to function, including a fax transmission carrier, a payment processor, and hosting/database providers (see Section 6). We do not control those providers and are not responsible for their acts or omissions.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate account information and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws. You are solely responsible for the content of every fax you send and for having any consent or authorization required to send it. You must not use the Service to:
- Send unsolicited advertisements or "junk faxes." You represent that you have the recipient's prior express consent or an established business relationship as required by the U.S. Telephone Consumer Protection Act (TCPA), the Junk Fax Prevention Act, FCC rules, and any applicable state law. Unsolicited fax advertising can carry significant statutory penalties, and you — not DogwoodFax — bear responsibility and liability for the faxes you send.
- Transmit content that is illegal, fraudulent, defamatory, harassing, infringing, or that violates any third party's rights.
- Transmit malware or attempt to disrupt, probe, or gain unauthorized access to the Service or its infrastructure.
- Resell or provide the Service to third parties except as expressly permitted in writing.
- Send protected health information (PHI) or other regulated health data except as described in Section 5.
We may (but are not obligated to) suspend transmissions or accounts we reasonably believe violate this Section.
4. Fees, Billing, and Cancellation
Paid plans and usage are billed through our third-party payment processor, Stripe. By subscribing, you authorize recurring charges to your payment method until you cancel. Plan pricing and included usage are described at sign-up and may change on prospective notice. Except where required by law, fees are non-refundable and payments already made are not prorated on cancellation. You may cancel at any time; cancellation stops future billing but does not entitle you to a refund for the current period. We do not store your full payment card details; those are handled by the payment processor.
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period; you will retain access until then. Fees already paid are non-refundable, and we do not provide partial or prorated refunds for the current or any prior billing period.
5. Health Information / HIPAA
The Service is not offered as a HIPAA-compliant service by default, and we do not currently provide a Business Associate Agreement (BAA). You must not use the Service to transmit protected health information (PHI) as defined under HIPAA unless you have entered into a written BAA with us that expressly permits such use. If you transmit PHI or other regulated data without an executed BAA, you do so at your own risk and in breach of these Terms, and you are solely responsible for any resulting legal or regulatory consequences.
6. Third-Party Services
The Service relies on third parties, which include a fax transmission carrier (Sinch), a payment processor (Stripe), and application/database hosting providers (DigitalOcean and Supabase). Your use of the Service may also be subject to those providers' terms. We are not responsible for third-party service interruptions, failures, data handling, or changes, and their availability is outside our control.
7. Delivery; No Guarantee
Fax delivery depends on telephone networks, receiving equipment, and carriers we do not control. We do not guarantee that any fax will be delivered, delivered on time, or delivered without error, and we are not liable for failed, delayed, incomplete, or misdirected transmissions. A "sent" or "success" status reflects information reported to us by the carrier and is not a warranty of receipt by the intended recipient. You are responsible for confirming receipt of any critical or time-sensitive fax by other means.
8. Your Content
You retain ownership of the documents and content you submit. You grant us a limited license to process and transmit that content solely to provide the Service. You represent that you have all rights necessary to submit and transmit the content and that doing so does not violate any law or third-party right.
9. Intellectual Property
The Service, including its software, design, and branding (including the DogwoodFax name and logo), is owned by us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms. You may not copy, modify, reverse engineer, or create derivative works of the Service except as permitted by law.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOGWOODFAX AND ITS OWNERS, OFFICERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless DogwoodFax and its owners and suppliers from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your faxes, or your breach of these Terms or of any law — including any claim arising from unsolicited fax advertising or the transmission of regulated data.
13. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, with or without notice, for conduct we reasonably believe violates these Terms or is harmful to the Service or others. Sections that by their nature should survive termination (including Sections 8–12 and 14) survive.
14. Changes; Governing Law; Miscellaneous
We may update these Terms from time to time; material changes will be posted with a revised effective date, and continued use after changes means you accept them. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules, and disputes will be resolved in the state or federal courts located in Virginia. If any provision is unenforceable, the rest remains in effect. These Terms are the entire agreement between you and us regarding the Service.
15. Contact
Questions about these Terms: [email protected]