1. Our agreement
These Terms govern your use of DearFax, operated by SF VENTURES, a SASU (société par actions simplifiée unipersonnelle) with share capital of €1,000 registered in France under 931 194 385 R.C.S. Paris (SIREN: 931 194 385). Our contact email is support@dearfax.com. VAT number: FR45931194385.
The customer is the person purchasing or creating the workspace, or the organisation on whose behalf that person acts. If you act for an organisation, you confirm that you are authorised to bind it. Individual workspace members must follow the usage rules but do not become personally responsible for their employer's subscription solely by joining.
You accept these Terms through the acceptance action presented during signup or checkout. You must be at least 18 and legally able to enter this agreement. A consumer is an individual acting outside their trade, business, or profession. Consumer protections in these Terms apply when relevant, even if most DearFax customers are businesses.
Our Privacy Policy explains how we handle personal information. Our Data Processing Agreement is incorporated into these Terms wherever we process personal data on your behalf as a processor or subprocessor. The DPA controls in a conflict about that processing; mandatory transfer clauses control over inconsistent contractual provisions.
2. The service and your account
DearFax lets you prepare and send faxes and, on eligible plans, obtain numbers and receive faxes. Features, limits, supported destinations, and prices are described when you select a plan. Features labelled as coming soon are not currently provided and have no promised delivery date unless we expressly agree otherwise.
You can prepare a temporary draft before creating an account. Its documents and fax details are stored on our servers and can be reopened from the same browser. Unclaimed drafts expire 24 hours after the last edit or upload and are removed by daily cleanup. After sign-in and workspace selection, the same draft becomes a workspace draft. Creating a draft does not send a fax or purchase a subscription. See our Privacy Policy for storage and retention details.
Keep your account information accurate, protect your sign-in credentials, and notify us of suspected unauthorised access. Workspace administrators manage membership and permissions. You are responsible for the actions you authorise and for reasonable management of your workspace; this does not excuse security failures for which we are legally responsible.
We may maintain and improve the service. Material reductions to paid functionality during a prepaid term will be addressed through a suitable remedy, including termination and a proportionate refund where appropriate. Consumer changes remain subject to applicable statutory conditions, notice, and remedies.
3. Sending and receiving faxes
Check the recipient number, documents, cover page, and page count before sending. Once transmission begins, we may be unable to cancel or retrieve a fax. A delivery status reports the information available from the transmission system; it does not establish that a particular person read the document or that an authority accepted a filing.
Networks, carriers, and receiving equipment can cause delays or failures. Allow sufficient time for important submissions, check the final status, and use another method when necessary. DearFax is not an emergency communications service. These practical limitations do not remove our responsibility to provide the contracted service or your mandatory rights.
Your plan and checkout explain page allowances, any destination restrictions, and number fees. Your monthly allowance covers sent and received pages, including cover pages. Pages confirmed delivered count toward usage. Retrying the same fax does not count the same delivered pages twice; sending a new copy counts separately. Capacity may remain reserved while a transmission outcome is unresolved. Unused pages do not roll over. We will not charge an undisclosed overage or automatically move you to a higher paid plan without the authorisation required by law.
When your allowance is exhausted, further outgoing faxes are blocked until your allowance resets or you increase it. Existing numbers continue receiving faxes, and we notify workspace administrators by email when incoming usage exceeds the allowance. We do not automatically charge overages or upgrade your plan.
4. Fax numbers and porting
An assigned number gives you a right to use it while your eligible service remains active, subject to applicable numbering rules; it does not grant ownership of the number. Availability, verification requirements, and porting eligibility depend on carriers and local rules.
If porting is available, you authorise us and the relevant providers to carry out your request using the accurate records and authority you supply. Dates are estimates until confirmed. Do not cancel your old service before the transfer completes. We will communicate known rejections or required corrections. You remain responsible for charges owed to your previous provider.
Before cancelling a number, arrange any desired transfer and export needed records. Cancelling subscription renewal does not itself release your allocated numbers. Contact support@dearfax.com to arrange number release or discuss transferring a number to another provider. Continued number allocation does not extend your paid service or guarantee indefinite reception. We do not charge a DearFax port-out fee. Your new provider may charge its own fees. We will coordinate release with an accepted transfer in progress. Numbers may eventually be reassigned after release. Mandatory portability rights remain unaffected.
5. Fees, renewal, and cancellation
Checkout states the billing currency, total charge, taxes, billing period, included usage, add-ons, and renewal terms. A price expressed per month but billed annually is charged as the disclosed annual total. Applicable consumer prices include taxes where legally required.
Paid subscriptions renew for the disclosed period unless cancelled before renewal through your workspace’s Settings → Billing or another method required by law. Cancellation stops future renewal; access normally continues until the paid term ends. Number add-ons follow the billing terms shown when purchased. We provide renewal notices where required.
Unless a legal right or an express provision below requires otherwise, prepaid fees are not refunded solely because you stop using the service during the paid term. This does not restrict withdrawal rights, remedies for defective service, or refunds expressly agreed with you.
We will give at least 30 days' advance notice of a subscription price increase, subject to any longer legal requirement. The increase will apply no earlier than your next renewal after that notice period. You can cancel before the new price takes effect. We will obtain additional agreement where required.
If payment fails, we will notify you and give a reasonable opportunity to resolve it before suspension, except where immediate action is justified by fraud or law. Payment reminders explain how to update your payment method. Paid access may end if payment remains unresolved. Subscription cancellation does not itself release an allocated number; contact us to arrange release or porting as described in section 4.
6. Consumer withdrawal and remedies
Where EU/EEA or other applicable law gives you a withdrawal right, you may withdraw from an online service contract within 14 days after conclusion without giving a reason. Send an unambiguous statement to support@dearfax.com. Email us the account email address, the service ordered and the date of your order. We will acknowledge your withdrawal request by email. Exercising withdrawal is different from stopping the next subscription renewal.
You may use this email wording, but do not have to: “To SF VENTURES: I withdraw from my DearFax service contract. My name is [name], my account email is [email], and I ordered the service on [date].”
If you expressly request performance during the withdrawal period, we may charge a proportionate amount for service supplied before withdrawal only where the required information and request were provided and the law permits it. For a service contract, the right is lost through full performance only when the legal conditions, including prior express consent and acknowledgement, are satisfied. Sending one fax does not automatically fully perform an ongoing subscription.
Where withdrawal requires a refund, we will make it within 14 days after being informed, using the original payment method unless you expressly agree otherwise and without refund fees. Any permitted proportionate service charge will be explained.
You retain mandatory rights relating to conformity, supply, repair or correction, price reduction, and termination where applicable. Contact support@dearfax.com if the service does not conform to your contract. Where applicable law requires it, you may request correction at no cost, a price reduction or termination and a refund. These remedies are additional to any other mandatory rights. Nothing in these Terms excludes those rights or other mandatory local consumer protections.
7. Your content and acceptable use
You retain your rights in documents and other content. You grant us only the rights needed to host, convert, transmit, display, and otherwise process that content to provide the service under this agreement and your instructions. This permission ends when the processing ends, subject to lawful retention and backup deletion periods.
You must have the rights and lawful authority needed to upload and send information and to provide recipient details. Do not use DearFax for unlawful unsolicited fax advertising, harassment, fraud, impersonation, infringement, malicious code, or attempts to bypass security, account boundaries, or usage limits. Comply with applicable communications, privacy, and marketing laws, including any required recipient permissions and opt-outs.
We are working toward support for HIPAA-regulated workflows. This support is not yet available.
Do not upload regulated health information requiring a HIPAA business associate agreement unless we have expressly enabled the relevant service and entered into a BAA with you. A paid plan name, DPA, or future-feature announcement does not supply a BAA. Other sensitive information must be appropriate for the agreed safeguards and lawfully processed.
8. Privacy, confidentiality, and security
Each party will protect non-public information received from the other with reasonable care and use it only to perform this agreement or exercise its rights. Disclosure is permitted to people and providers who need it and are bound by appropriate confidentiality duties, or as required by law. Public, independently developed, or lawfully obtained information is excluded. Where lawful, we will notify you before compelled disclosure of your confidential information.
Our handling of customer personal data is further governed by the DPA. You are responsible for your own lawful purposes, notices, permissions, and access settings. We are responsible for the obligations that apply to us as provider and processor.
9. Suspension, termination, and data
We may suspend affected access where reasonably necessary to address a serious breach, an active security threat, unlawful use, or unpaid fees after applicable notice. We will limit the suspension where practical and explain the reason unless prohibited by law or doing so would compromise security.
Either party may terminate for a material breach not remedied within 30 days after notice, or sooner for an irremediable serious breach. You may also cancel renewal as explained above. If we discontinue your paid service for convenience, we will give at least 30 days' notice and refund unused prepaid fees for the discontinued period.
Contact privacy@dearfax.com to request an export of your data, deletion of stored information, or account closure. We verify your identity and authority before providing workspace data or acting on a deletion request. Retention and deletion follow the Privacy Policy and, where applicable, the DPA. Number release is handled under section 4. Outstanding lawful payment obligations and clauses intended to survive termination remain effective.
10. Our intellectual property
We and our licensors retain rights in DearFax's software, design, and branding. We grant you permission to use the service during this agreement within your plan. No ownership of the service transfers to you. You may not copy, resell, or reverse engineer it except as expressly authorised or permitted by law.
11. Service commitments and liability
We will provide the service with reasonable care and skill. We do not promise uninterrupted or error-free operation or acceptance of documents by third parties. No separate uptime guarantee applies unless expressly agreed. Statutory warranties and consumer remedies remain unaffected.
Business customers only: to the extent permitted by applicable law, neither party is liable for indirect or consequential losses, including lost profits or business opportunities. Each party's total liability arising from this agreement is limited to the greater of EUR 100 and the fees paid or payable for the service in the 12 months preceding the event giving rise to the claim.
That business cap and exclusion do not apply to fraud, wilful misconduct, gross negligence, death or personal injury for which liability cannot be limited, outstanding fees, or any other liability that cannot lawfully be excluded or limited. They do not restrict data subjects' rights or statutory liabilities under data protection law.
Consumers: the business liability cap and business loss exclusions do not apply to you. Liability and remedies are determined by applicable law.
12. Changes to these Terms
We will give reasonable advance notice of material changes and explain when they take effect. Material changes affecting an existing paid commitment take effect at renewal unless the law permits another approach or you agree sooner. Where required, we obtain fresh acceptance. You may cancel before renewal if you do not accept the new terms. Changes required urgently by law or security will be explained as soon as reasonably possible.
13. Disputes and governing law
Contact support@dearfax.com first so we can try to resolve a concern. French law governs this agreement, but a consumer retains any mandatory protections of their habitual residence that apply under relevant conflict-of-law rules.
For business disputes, jurisdiction is determined by applicable procedural law unless a separate valid written jurisdiction agreement applies. For consumer disputes, the courts available under applicable consumer jurisdiction rules remain available.
Where French consumer mediation rules apply, you are entitled to seek free independent mediation after first making a complaint to support@dearfax.com. We are arranging a mediation provider and will publish its contact details once appointed. This does not restrict your right to bring a court claim.
14. General
These Terms and incorporated documents form our agreement for the service, together with any expressly agreed order. If a provision is unenforceable, the remainder continues where legally possible. A failure to enforce a provision is not a waiver. Assignment must not reduce mandatory consumer rights or the protection of customer data; any notice or consent required by law will be obtained.
Contract notices may be sent to the account contact or support@dearfax.com. Keep your contact details current. You can download and retain these Terms.