SecurelyFax

Terms of Service

Last updated: June 2026

These Terms of Service (“Terms”) govern your use of SecurelyFax. By creating an account or using the service you agree to these Terms.

1. The service

SecurelyFax is an online fax service that enables sending and receiving facsimile transmissions over the public switched telephone network using third-party carriers. We do not guarantee that any specific recipient fax machine will accept or successfully receive a transmission.

2. Eligibility & accounts

You must be at least 18 years old. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at security@securelyfax.com of any suspected compromise.

3. Acceptable use

You will comply with our Acceptable Use Policy. Prohibited uses include unsolicited commercial faxes (junk faxes) in violation of the Telephone Consumer Protection Act (TCPA) and equivalent laws, transmission of illegal content, and any attempt to disrupt the service.

4. Fees & billing

Pay-as-you-go faxes bill at the per-page rate displayed on the pricing page. Subscription plans bill monthly through Stripe. All fees are non-refundable except as required by law or as described in our Refund Policy. Taxes are your responsibility.

5. Cancellation

You may cancel your subscription at any time from account settings. Cancellation takes effect at the end of the current billing period; we do not pro-rate partial months unless required by law.

6. HIPAA / PHI

Protected Health Information (PHI) as defined under HIPAA may only be transmitted on the HIPAA tier and only after a fully-executed Business Associate Agreement (BAA) is in place. Transmitting PHI on any other tier is a material breach of these Terms. The starter BAA SecurelyFax offers is available at /baa-template; the executed BAA controls over these Terms with respect to PHI.

Storage of PHI is tied to an active, paid HIPAA-tier subscription. SecurelyFax has no obligation to retain, host, or make available PHI after a customer's HIPAA-tier subscription has expired, lapsed, been terminated by either party, or been suspended for non-payment. When a HIPAA-tier subscription ends, SecurelyFax provides at least thirty (30) calendar days' written notice before deleting PHI from its systems, during which time the customer may export data through the Service's export tooling. After that wind-down period PHI is securely deleted and AWS is instructed to delete its retained copies. The customer is solely responsible for completing the export.

The HIPAA tier includes a fifty-gigabyte (50 GB) fair-use storage allowance per customer organization, with notification at 80% and 90% of cap. Exceeding the cap may result in suspension of new fax acceptance (existing PHI remains accessible) until the customer reduces usage below the cap or agrees in writing to a paid overage; SecurelyFax will not delete a customer's existing PHI as a consequence of cap overage without customer direction.

7. Intellectual property

You retain all rights to the content you transmit. You grant SecurelyFax a limited, non-exclusive license to host, transmit, store, and process that content solely to provide the service. The SecurelyFax software, website, name, and logos are owned by SecurelyFax.

8. API usage

API access is rate-limited and subject to fair-use limits. We may suspend keys that abuse the service, attempt to circumvent rate limits, or are used in violation of these Terms.

8a. Email communications & marketing

By creating an account you authorize SecurelyFax to send transactional emails required to operate the service (fax delivery confirmations, failed-send notices, billing receipts, password resets, two-factor codes, security alerts, support ticket replies). Transactional emails are part of the service and cannot be unsubscribed from while your account is active.

Marketing emails are separate and require your express opt-in. Marketing emails are off by default. You may opt in at signup or at any time in Settings → Email preferences. Marketing emails are limited to:

Every marketing email contains a one-click unsubscribe link in the footer that revokes consent immediately and without requiring sign-in. We do not sell, lease, or transfer your email address or other contact information to advertisers, data brokers, or other developers. We do not send promotional push notifications — push is reserved for transactional events on your account (received fax, delivery, failure, balance issues).

For the avoidance of doubt: opting out of marketing emails has no effect on your account status, fax sending or receiving, billing, or any other service feature. You remain a SecurelyFax customer with full access regardless of your marketing preference.

9. Disclaimer of warranties

The service is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any transmission will reach its destination.

10. Limitation of liability

To the maximum extent permitted by law, SecurelyFax is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill. Our aggregate liability for any claim arising out of or related to the service will not exceed the greater of (a) the fees you paid us in the 12 months preceding the claim or (b) USD $100.

11. Indemnification

You will defend, indemnify, and hold harmless SecurelyFax against any claim arising out of your use of the service in violation of these Terms or applicable law, including claims under the TCPA related to faxes you originated.

12. Termination

We may suspend or terminate your account immediately for material breach of these Terms, fraud, abuse, or as required by law. On termination we will delete account data after a reasonable wind-down period, subject to legal retention requirements.

13. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules. Disputes will be resolved exclusively in the state or federal courts located in Delaware, USA, except where applicable consumer-protection law provides otherwise.

14. Changes to these Terms

We will post material changes to this page and update the “Last updated” date. Continued use after the effective date constitutes acceptance.

15. Contact

Questions about these Terms: legal@securelyfax.com.

16. Apple App Store users — additional terms

The following terms apply only to the SecurelyFax application obtained from the Apple App Store (the “Application”). They supplement, but do not replace, the rest of these Terms. To the extent these terms conflict with the rest of the Terms for App Store users, these prevail.

  1. Acknowledgement. You acknowledge that these Terms are concluded between you and SecurelyFax only, and not with Apple, Inc. (“Apple”). SecurelyFax, not Apple, is solely responsible for the Application and its content.
  2. Scope of license. The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and support. SecurelyFax is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the Application.
  4. Warranty. SecurelyFax is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid through the App Store for the Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SecurelyFax.
  5. Product claims. SecurelyFax, not Apple, is responsible for addressing any of your or any third party’s claims relating to the Application or your possession and/or use of the Application, including: (i) product-liability claims; (ii) any claim that the 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 the Application’s use of the HealthKit and HomeKit frameworks (the Application does not use either framework).
  6. Intellectual-property rights. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual-property rights, SecurelyFax, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
  7. Legal compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer name and address. Direct any questions, complaints, or claims with respect to the Application to SecurelyFax at legal@securelyfax.com.
  9. Third-party terms. You must comply with applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).
  10. Third-party beneficiary. You and SecurelyFax acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as applied to the Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

17. Auto-renewing subscriptions purchased through the App Store

If you purchase a subscription through the iOS app (Personal, Business, or HIPAA tier), the subscription is billed by Apple through your Apple ID and renews automatically at the end of each subscription period unless cancelled at least 24 hours before the end of the current period.

18. Google Play users — additional terms

The Application as obtained from Google Play is subject to the Google Play terms of service in addition to these Terms. Subscriptions purchased through Google Play are billed by Google, renew automatically, and may be cancelled in the Google Play Subscriptions section.