Draft notice: These Terms of Service are provided for review and will be finalized prior to public paid service launch. Material changes will be communicated to active users 30 days in advance. Questions: [email protected].
1. Acceptance
These Terms of Service ("Terms") govern your access to and use of the LuzardoFax service (the "Service") provided by LuzardoFax ("we", "us"). By creating an account or using the Service, you agree to be bound by these Terms.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. The Service is intended for use by businesses and professionals, not by consumers for personal use.
3. The Service
LuzardoFax provides a cloud-based fax transmission and storage service, including:
- Sending and receiving faxes over the public telephone network
- Encrypted storage of fax content for the retention period defined in your plan (7 years standard)
- Email notifications, audit logs, address book, and related features
- BAA execution for HIPAA-covered customers on paid plans
4. Free trial and subscriptions
- Free trial: 14 days of full Plus-plan access, capped at 30 sent + 180 received pages, no credit card required. At the end of the trial, your account becomes read-only for 30 days unless you choose a paid plan.
- Paid subscriptions: Monthly subscriptions billed in advance. By subscribing, you authorize LuzardoFax to automatically charge your payment method at the start of each billing period until you cancel.
- Cancellation: You may cancel at any time from your settings. Cancellation is effective at the end of the current billing period — you retain full access until that date. There is no early termination fee or penalty.
- No refunds for partial periods: We do not issue prorated refunds for unused time, partial months, or early cancellations. The amount paid for the current billing period is non-refundable. You keep access until the period ends.
- One-time bundles and add-ons: Page bundles, additional fax numbers, toll-free numbers, custom cover sheet design, and white-glove migration are non-refundable once purchased or activated, except as required by applicable law.
- Sales tax: Where required by law, applicable sales tax, VAT, or GST is added to your subscription based on your billing address. Tax amounts are calculated automatically at checkout and shown on every invoice.
- Failed payments: If your payment method fails, we will retry the charge up to 4 times over 14 days and notify you by email. If payment is not resolved, your account is suspended until payment is received. Fax history remains intact during suspension.
- Price changes: We will notify you by email at least 30 days before any price change takes effect. You may cancel before the new price applies.
5. Page limits and overage
Each plan includes a monthly page allowance. We do not charge per-page overage fees. If you exceed your allowance:
- At 80% usage: friendly reminder via email
- At 100%: suggestion to upgrade or buy a one-time page bundle
- At 110%: outbound sending pauses until you upgrade or buy a bundle. Incoming faxes are never blocked.
One-time bundles ($15/500pg, $25/1,000pg, $55/2,500pg, $99/5,000pg) are non-recurring and unused pages roll over for 12 months from purchase.
6. Acceptable use
You agree not to use the Service to:
- Send unsolicited fax advertisements ("junk faxes") in violation of the TCPA, JFPA, or similar laws
- Send illegal content, fraudulent material, or content that infringes third-party rights
- Harass, threaten, or harm any individual or organization
- Attempt to reverse-engineer, decompile, or disrupt the Service
- Resell the Service without our written authorization
- Use the Service for high-risk activities where failure could lead to death, serious bodily harm, or environmental damage
Violation may result in immediate suspension or termination without refund. You are responsible for compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), Junk Fax Prevention Act (JFPA), HIPAA, and state-level regulations.
7. Your content
You retain all rights to the content you send or receive through the Service. By using the Service, you grant us a limited license to process and store your content solely for the purpose of providing the Service to you.
We do not read, mine, or use your fax content for any purpose beyond providing the Service. We do not train AI models on your content.
8. HIPAA and PHI
For customers handling Protected Health Information (PHI), our Business Associate Agreement (BAA) is signed automatically during onboarding on every paid plan. The BAA terms are available at /baa and govern our HIPAA-specific obligations.
9. Service availability
We aim for high availability but cannot guarantee 100% uptime. All plans run on high-availability infrastructure. We do not offer a contractual uptime SLA or service credits at this time.
Scheduled maintenance windows are announced in advance via email.
10. Termination
By you: You may terminate your account at any time from your settings — one click, no questions asked, no retention call. Cancellation takes effect at the end of your current billing period; you retain full access until that date and no further charges occur.
By us: We may suspend or terminate your account immediately and without refund for: (a) material breach of these Terms, (b) fraudulent or abusive activity, (c) use that violates HIPAA, TCPA, or other applicable laws, (d) chargebacks or payment disputes filed in bad faith, (e) failure to pay after the failed-payment grace period, or (f) activity that threatens the security or integrity of the Service or other customers.
Number portability: You may port your fax number(s) out to another provider at any time at no cost. Port-out requests are typically completed within 5-10 business days.
Data retention after termination: Your data is retained read-only for 30 days, during which you can export your fax history, contacts, and settings. After 30 days, fax content and audit logs are archived for the HIPAA-required 7-year retention period, then permanently deleted. Personal account information (name, email, billing address) is retained for 7 years for tax and legal compliance.
11. Disclaimers
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, except as required by applicable law.
Fax transmission depends on third-party telecommunications networks. We are not liable for delivery failures caused by recipient line conditions, equipment malfunctions, or carrier outages outside our control.
12. Limitation of liability
To the maximum extent permitted by law, LuzardoFax's total cumulative liability arising out of or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits or business interruption.
13. Indemnification
You agree to indemnify and hold harmless LuzardoFax from claims arising out of your use of the Service in violation of these Terms or applicable law, including but not limited to TCPA violations from sending unauthorized fax advertisements.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Miami-Dade County, Florida.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance.
16. Contact
For legal notices or questions about these Terms:
- Email: [email protected]
- Mail: LuzardoFax · Miami, FL · United States