Terms of Use

1. About these terms

These terms are an agreement between you and Kiyo Kubo, doing business as Dimefax (“Dimefax”, “we”, “us”) for using the Dimefax apps and website (the “Service”). By using the Service you agree to them, and to our Privacy Policy. If you use Dimefax for a business, you agree on its behalf. You must be at least 18, or the age of majority where you live.

2. Your account

You can prepare a fax without an account. You sign in when you make your first purchase: with Apple in the app, or with a 4-digit code we email you on our website. Keep access to your account and email secure: you are responsible for what is sent from your account. Tell us right away at support@dimefax.com if you think someone else is using it.

Sending by email. You can email a document to a fax number at dimefax.com (for example, 5035550147@dimefax.com). We charge it to an account’s page credits straight away only when the email’s sender checks (SPF, DKIM or DMARC) confirm it came from that account’s email or from an address the account added. Any other email gets a reply with a link to check the fax and pay or sign in; nothing is sent or charged until you do, and the link stops working after 24 hours. You are responsible for faxes sent from the addresses you add, and you can remove them on your account page at any time.

3. Pages (pay as you go)

• You buy page credits in packs: 10 page credits for $0.99 (in the app only), 50 for $4.99, or 200 for $19.99 (US prices; the App Store shows the price in your currency, with any taxes, before you pay). On our website, payments are processed by Stripe; each card payment has a fixed fee, so the smallest pack there is 50 page credits.
• A standard page you send uses 1 page credit from your balance (10¢). A private page uses 2 credits (20¢).
• Page credits expire only if you stop using Dimefax. Each fax you send and each pack you buy keeps your whole balance for another 12 months. After 12 months with no fax sent or received and no purchase, unused page credits expire. Page credits never expire while you have a monthly plan. Page credits have no cash value, can’t be transferred to another account, and can’t be exchanged for money, except where the law requires otherwise.
• While your fax is being sent, its pages are set aside and can’t be used for another fax. They’re charged when it’s delivered and freed if it finally fails or you cancel it (section 5). The app shows the cost before you send.

4. Plans and subscriptions

• Billing and renewal. You can buy a plan on our website or in the iPhone app. On our website, plans are paid by card, Apple Pay or Google Pay through Stripe; in the app, through Apple, charged to your Apple ID. Monthly plans renew automatically each month, on the day of the month you started, until you cancel. Apple charges an app renewal within the 24 hours before the current period ends. If you switch between monthly plans on our website, the difference for the rest of the current month is charged or credited right away.
• Cancelling. A plan bought on our website: cancel any time on dimefax.com/account. A plan bought in the app: cancel at least 24 hours before the end of the current period in your Apple ID settings (on iPhone: Settings › your name › Subscriptions › Dimefax); deleting the app or your Dimefax account doesn’t cancel it. Either way, your plan stays active until the end of the period you paid for, and we don’t refund part of a month. Deleting your Dimefax account ends a plan bought on our website straight away.
• Allowances reset each period and don’t carry over.
• Incoming faxes are never refused because your allowance or balance has run out. Pages over your allowance are taken from your page credits even if that takes your balance below zero; your next purchase covers the difference first.
• Fair use on Unlimited means normal use by one person or a small office. If an account goes far beyond 1,000 pages a month, we will contact you before taking any action, and may ask you to move to a more suitable arrangement.
• Price changes for subscriptions follow Apple’s rules: you will be told in advance, and where required, asked to agree.

5. Failed faxes and refunds

• If the line is busy or doesn’t answer, we try again automatically, once, a few minutes later.
• If the fax finally fails, we return the page credits it used to your balance (or the pages to your plan allowance), once, and tell you why in plain language.
• Refunds for failed faxes are given as page credits, not money. Money refunds for App Store purchases are handled by Apple under Apple’s policies; you can ask for one at reportaproblem.apple.com. We can’t issue App Store refunds ourselves. For a pack bought on our website, email support@dimefax.com within 30 days and we will refund the page credits you haven’t used.
• A fax counts as delivered when the receiving fax machine confirms it. We aren’t responsible for what happens after that, or for a fax delivered to a working fax number you entered by mistake.

6. Acceptable use

You are responsible for what you send and who you send it to. You agree not to:

• Send junk faxes. Unsolicited advertising by fax is illegal under the US Telephone Consumer Protection Act and Junk Fax Prevention Act, and similar laws elsewhere. Only fax advertising to people who have agreed to receive it or with whom the law allows it, and include any opt-out notice the law requires.
• Send anything illegal, fraudulent, threatening, harassing, or that you don’t have the right to send.
• Pretend to be someone else, or hide or fake who a fax is from.
• Interfere with the Service, get around its limits, or try to access other people’s accounts or faxes.

Limits. To prevent abuse, accounts in their first 7 days can send up to 20 faxes a day; every account can fax up to 25 different numbers a day and up to 10 faxes an hour to the same number. We may adjust these limits to protect the Service. If you need more, email us.

If you break these rules, we may stop a fax, suspend or close your account, and report illegal activity. You are responsible for fines or claims that result from faxes you send.

7. Fax numbers

• Numbers come from our pool and stay ours. You may use your number while your plan is active, but you don’t own it, and we can’t promise you can move it to another provider.
• A “Number for a week” ends after 7 days. A monthly plan’s number ends when the plan ends.
• Released numbers aren’t returned. Once a number is released, you can’t get the same number back. We quarantine it first: calls to it are rejected and nothing is stored. A regular number can go to someone else only after at least 30 days, and only once it has had no incoming calls for 14 days. Numbers used under a signed business associate agreement are never given to another Dimefax customer.
• We may need to change a number if our carrier or the law requires it. We will tell you as early as we can.

8. The “Sent with Dimefax” line

On pay-as-you-go and “Number for a week”, cover pages include a short credit line, “Sent with Dimefax”. It is a plain credit line, never an advertisement. You can remove it permanently with a one-time $1.99 purchase. Monthly plans (Keep a number, Unlimited) never include it.

9. Your documents

Your documents stay yours. You give us permission to store, process and transmit them only as needed to provide the Service to you. You confirm you have the right to send what you send. How long we keep documents is explained in the Privacy Policy.

10. Health information and HIPAA

Business associate agreements. Dimefax signs a business associate agreement (BAA) only if we agree to one with you in writing. To ask for one, use dimefax.com/support#baa.

“Don’t keep my faxes”. You can turn this on in your account. While it’s on:

• a fax you send is deleted from our storage as soon as it’s delivered or finally fails, and we ask our fax carrier to keep no copy;
• a fax you receive is emailed to your account’s email address without being stored by us, and our fax carrier’s copy is deleted;
• we still keep your fax history (numbers, page counts and status), and there’s no Try again after a failure, because there’s no copy to send again.

Turning it on also deletes the copies we hold at that time.

Your decision. Whether “Don’t keep my faxes”, or Dimefax at all, meets your obligations under HIPAA or any other law is your decision, made with your own compliance or legal advisers. We make no representation that it does. Every fax is encrypted on its way to our carrier and while stored, but the last leg to the recipient’s fax machine is the ordinary phone network, as with every fax service, so no fax is end-to-end encrypted.

11. Changes to the Service

We may add, change or remove features. Faxes depend on phone networks and the receiving machine, so we can’t guarantee that every fax will be delivered or that the Service will always be available.

12. No warranty

To the extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow these exclusions, so they may not all apply to you.

13. Limit of liability

To the extent the law allows, we aren’t liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or business, even if we were told they were possible. Our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim, or US$20. Nothing here limits liability that can’t be limited by law.

14. Indemnity

If someone makes a claim against us because of what you sent or how you used the Service in breach of these terms or the law, you will cover the resulting losses and reasonable costs, to the extent the law allows.

15. Ending your use

You can stop using Dimefax at any time and delete your account in the app (Settings › Delete account). Unused page credits are lost when you delete your account. We may suspend or close an account that breaks these terms.

16. Apple

If you got the app from the App Store: these terms are between you and us, not Apple. Apple isn’t responsible for the app or its content, has no obligation to provide maintenance or support, and isn’t responsible for any claims about the app (including product liability, legal compliance or intellectual property claims). If the app fails to meet a warranty that applies, you may notify Apple, and Apple will refund the app’s purchase price, if any; Apple has no other warranty obligation. You confirm you aren’t in a country under a US government embargo and aren’t on a US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Apple’s Media Services Terms also apply to your App Store purchases.

17. Law and disputes

These terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules. Disputes will be handled in the state or federal courts in Multnomah County, Oregon, unless the law where you live gives you the right to bring a claim there. Before filing a claim, please email us so we can try to fix it.

18. Changes to these terms

We may update these terms. We will change the date at the top and, for significant changes, tell you in the app or by email before they take effect. If you keep using Dimefax after that, the new terms apply.

19. Contact

support@dimefax.com
Kiyo Kubo, doing business as Dimefax, 3525 SE 9th Avenue, Portland, OR 97202, United States