Terms & Conditions

Welcome to FaxPal! Please read these terms and conditions (“Terms”) carefully. They outline the agreement between you (“User,” “you”) and FaxPal, operated by Panter AS (“FaxPal,” “we,” “us,” “our”), regarding your use of our FaxPal mobile application (“Application”), our Personal Fax Machine (“PFM”), and any related services we offer (collectively, the “Service”).

While there’s some necessary legal language here to protect all parties, our main goal is to provide you with an exceptional and reliable messaging experience. If you have any questions or concerns about these Terms, please don’t hesitate to contact our support team at support@faxpal.com.

By downloading, accessing, or using the Application, purchasing a PFM, or using any part of our Service, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Service.

1. The FaxPal Service

FaxPal provides a service that combines a mobile Application with a Personal Fax Machine (PFM) to send and receive faxes. The Application allows you to manage your faxes, while the PFM facilitates the physical transmission and reception.

We are dedicated to making our Service as beneficial and efficient as possible. We reserve the right to make changes to the Application or PFM, or to charge for its services (or parts thereof), at any time and for any reason. We will always make it clear to you if there are charges involved before you incur them.

2. Product Purchase, Subscription, and Delivery (PFM & Service)

a. Payments: All payments for FaxPal PFMs and any subscription services are processed securely through trusted third-party payment processors. Your payment information is encrypted and protected according to industry standards. FaxPal does not directly store your full credit card information.

b. PFM Purchase & Delivery: FaxPal PFMs are typically shipped within 3-5 business days of a confirmed purchase. Delivery timeframes depend on your location and the selected shipping method. Tracking information will be provided via email once your PFM order ships. Risk of loss and title for PFMs pass to you upon our delivery to the carrier.

c. Subscriptions: Certain features or aspects of the Service may require a subscription. Subscription fees, terms, and renewal conditions will be clearly communicated to you before you subscribe.

  • Billing: Subscriptions are typically billed on a recurring basis (e.g., monthly or annually) as specified at the time of purchase.
  • Automatic Renewal: Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew, and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription fee using any payment method we have on record for you.
  • Cancellation: You may cancel your subscription at any time. Instructions for cancellation will be available within the Application or on our website. Cancellation will typically take effect at the end of your current billing period.

3. User Accounts

To use certain features of the Service, you may need to register for an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information.
  • Maintain the security of your password and accept all risks of unauthorized access to your account.
  • Notify us immediately if you discover or otherwise suspect any security breaches related to the Service or your account.

It is your responsibility to maintain the security of your phone and access to the Application. We strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware/viruses/malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

4. Your Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:

  • Ensuring your device has an active internet connection (Wi-Fi or mobile data) for the Application to function. We are not responsible if the Application does not function at full capacity due to lack of Wi-Fi or if you have exhausted your data allowance.
  • Any charges from your mobile provider for data usage, including roaming data charges if you use the Application outside of your home territory without disabling data roaming. If you are not the bill payer for the device, we assume you have obtained permission from the bill payer.
  • Ensuring your device remains charged. If your device runs out of battery and you are unable to access the Service, we cannot be held responsible.

5. Intellectual Property Rights

All trademarks, copyrights, database rights, and other intellectual property rights related to the Application, PFM design, and the Service are and will remain the exclusive property of Panter AS. You are not permitted to copy or modify the Application, any part of the Application, or our trademarks in any way. You must not attempt to extract the source code of the Application, translate the Application into other languages, or create derivative versions.

6. Third-Party Services

The Application may utilize or integrate with third-party services that have their own Terms and Conditions. You acknowledge that your use of such third-party services will be governed by their respective terms. Links to the Terms and Conditions of key third-party service providers used by the Application may include:

We are not responsible for the practices or content of these third-party services.

7. Application Updates

We may wish to update the Application from time to time. The Application is currently available as per the requirements for the operating system (and for any additional systems we decide to extend the availability of the Application to) which may change, and you will need to download the updates if you want to continue using the Application. We do not guarantee that we will always update the Application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the Application when offered to you.

8. Support Policy

We aim to provide support for our Service. Support may cover:

  1. Help with setting up your PFM and Application.
  2. Assistance with using features and options.
  3. Addressing bug fixes if you discover a bug in the Application or PFM firmware.
  4. Troubleshooting functionality that does not work as advertised.

Support is primarily provided via email at support@faxpal.com. Response times may vary.

9. Refund and Withdrawal Policy

a. PFM Purchase (Physical Good): As a consumer in Norway/EEA, you have a statutory right of withdrawal for physical goods purchased at a distance (like our PFM).

  • Right of Withdrawal: You have the right to withdraw from the PFM purchase contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the PFM.
  • Exercising Withdrawal: To exercise the right of withdrawal, you must inform us (Panter AS, haavikebrekka 92, support@faxpal.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the model withdrawal form provided by Norwegian consumer authorities, but it is not obligatory.
  • Effects of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the PFM back or you have supplied evidence of having sent back the PFM, whichever is the earliest.
  • Returning the PFM: You shall send back the PFM or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the PFM before the period of 14 days has expired. You will have to bear the direct cost of returning the PFM. You are only liable for any diminished value of the PFM resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the PFM.

b. Subscription Services:

  • Cancellation: You can cancel your subscription at any time as outlined in Section 2c.
  • Refunds for Subscriptions: Generally, subscription fees are non-refundable except as required by applicable law or as explicitly stated otherwise at the time of purchase. If you cancel your subscription, you will typically continue to have access to the subscribed features until the end of your current billing period, and no refund will be issued for the remaining period.
  • If the Service is significantly not as described or fails to perform, you may have rights to a remedy, including a refund, under Norwegian consumer law.

c. Digital Content (e.g., within the App): For any digital content or services provided immediately, if you have expressly consented to the beginning of the performance and acknowledged that you thereby lose your right of withdrawal, then the 14-day withdrawal period may not apply as per consumer law. This will be made clear at the point of purchase if applicable.

10. Termination

a. Termination by You: You may terminate your agreement with FaxPal by ceasing to use the Service, uninstalling the Application, and, if applicable, canceling your subscription.

b. Termination by FaxPal: We may terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, if you breach these Terms. Upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the Application, and (if necessary) delete it from your device. We may also wish to cease providing the Application and may terminate its use at any time without providing termination notice to you, though we will endeavor to provide reasonable notice if practicable.

11. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAXPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FAXPAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WHILE WE STRIVE TO ENSURE THE APPLICATION IS UPDATED AND ACCURATE, WE MAY RELY ON THIRD PARTIES TO PROVIDE INFORMATION TO US. FAXPAL ACCEPTS NO LIABILITY FOR ANY LOSS, DIRECT OR INDIRECT, THAT YOU EXPERIENCE AS A RESULT OF RELYING ENTIRELY ON THE FUNCTIONALITY OF THE APPLICATION OR SERVICE, BEYOND WHAT IS MANDATED BY APPLICABLE CONSUMER PROTECTION LAWS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAXPAL OR PANTER AS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL FAXPAL’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO FAXPAL FOR ACCESS TO OR USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED NORWEGIAN KRONER (100 NOK), IF NO PAYMENTS HAVE BEEN MADE. THESE LIMITATIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

12. Changes to These Terms and Conditions

We may update our Terms and Conditions periodically. Therefore, you are advised to review this page regularly for any changes. We will notify you of any significant changes by posting the new Terms and Conditions on this page and/or through other reasonable means (e.g., via email or an in-app notification). Changes will be effective as of the date they are posted. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

These terms and conditions are effective as of 2024-05-28

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Norway, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or the Service shall first be attempted to be resolved amicably through direct negotiation. If a resolution cannot be reached, such disputes shall be subject to the exclusive jurisdiction of the courts of Norway. As a consumer, you may also be entitled to bring proceedings in your country of residence within the EEA.

14. Contact Us

If you have any questions or suggestions about our Terms and Conditions, please do not hesitate to contact us: Panter AS Email: support@faxpal.com (or pal@faxpal.co if that’s the correct one for T&C queries)