1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Avo LLC, a California limited liability company doing business as AvoFax (“AvoFax,” “Company,” “we,” “us,” or “our”), with its principal place of business at 5151 California Avenue, Irvine, CA. These Terms govern your access to and use of the AvoFax cloud fax platform, including all associated websites, applications, APIs, and services (collectively, the “Service”).

By creating an account, subscribing to a plan, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” and “your” refer to that entity.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

2.1 Overview

AvoFax provides a cloud-based fax transmission platform that enables customers to send and receive faxes over the internet without the need for traditional fax hardware or phone lines. The Service is accessed through a web browser and may include companion mobile applications.

2.2 Service Features

Subject to your subscription plan, the Service may include:

Sending and receiving faxes via web browser
Provisioning of local fax numbers in the United States and Canada
Email-to-fax and fax-to-email notification capabilities
Contact management, templates, folders, and organizational tags
Multi-user workspaces with role-based access controls (Owner, Admin, Member)
AI-powered fax document summaries
Cloud storage of fax documents
API access for programmatic fax operations
Multi-factor authentication (TOTP) and audit logging
HIPAA-compliant faxing on qualifying plans with a signed Business Associate Agreement

2.3 Third-Party Infrastructure

The Service relies on third-party telecommunications providers for fax number provisioning and transmission. We do not guarantee the availability of any specific fax number, area code, or geographic region. Fax number availability is subject to carrier inventory and applicable regulations.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete. You must be at least 18 years of age to create an account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Passwords must meet minimum complexity requirements, including a minimum of 12 characters with uppercase, lowercase, numeric, and special characters. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

3.3 Multi-Factor Authentication

The Service supports time-based one-time password (TOTP) multi-factor authentication. For accounts that handle Protected Health Information under a HIPAA-compliant plan, enabling MFA is strongly recommended. We reserve the right to require MFA for certain plan tiers or use cases.

3.4 Workspaces and User Roles

The Service provides multi-user workspaces with role-based access controls. The workspace Owner is responsible for managing user access, assigning roles, and ensuring that all workspace members comply with these Terms. Owners and Admins may invite additional users subject to the seat limits of their subscription plan. Each user added to a workspace must have their own unique account and may not share credentials.

4. Subscription Plans and Billing

4.1 Plans and Pricing

The Service is offered on a paid subscription basis. Current plans include:

Pro Plan -- $12.00 per month, including 250 fax pages per month and 1 user seat.
Secure Plan -- $19.00 per month, including 350 fax pages per month, up to 2 user seats, and HIPAA compliance with a signed Business Associate Agreement.

Annual billing is available at an approximate 17% discount, billed as a single annual charge. Plan details, pricing, and included features are subject to change. We will provide at least 30 days' notice before any price increase takes effect on your next billing cycle.

4.2 Overage Charges

If you exceed the number of fax pages included in your plan during a billing cycle, additional pages are charged at $0.02 per page. Overage charges are deducted from your prepaid wallet balance. If your wallet balance is insufficient, fax sending may be suspended until the balance is replenished. It is your responsibility to maintain an adequate wallet balance if your usage may exceed plan limits.

4.3 Automatic Renewal

All subscriptions automatically renew at the end of each billing period (monthly or annual) unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on file for each recurring billing period. You may cancel auto-renewal at any time through your account settings; cancellation takes effect at the end of the current billing period.

4.4 Refund Policy

You may request a refund within 30 days of your initial subscription purchase if you are not satisfied with the Service. After 30 days, subscription fees are non-refundable. No refunds are issued for partial billing periods upon cancellation, for overage charges, or for wallet top-up payments. Annual subscriptions that are canceled mid-term are not eligible for a prorated refund after the initial 30-day period.

4.5 Payment Processing

Payments are processed through Stripe, Inc., a PCI DSS Level 1 certified payment processor. AvoFax does not store your full credit card number. By providing your payment information, you agree to Stripe's terms of service. You are responsible for any applicable taxes, which may be added to your subscription fees based on your jurisdiction.

4.6 Failed Payments

If a payment fails, we will attempt to process the charge again and may notify you by email. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or downgrade your account. Continued non-payment may result in termination of your account and deletion of stored data in accordance with Section 12.

5. Acceptable Use Policy

5.1 Permitted Use

The Service is provided solely for lawful business and personal fax communications. You agree to use the Service in compliance with all applicable federal, state, local, and international laws and regulations.

5.2 Prohibited Conduct

You agree not to use the Service to:

Send unsolicited fax advertisements or “junk faxes” in violation of the Telephone Consumer Protection Act (TCPA), the Junk Fax Prevention Act, or any similar state or international laws (see Section 6 for additional TCPA provisions)
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
Transmit any material that infringes on the intellectual property rights of any third party
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Transmit faxes with forged, falsified, or misleading header information or sender identification
Use the Service to conduct or facilitate any fraudulent activity
Attempt to gain unauthorized access to the Service, other accounts, or systems connected to the Service
Interfere with or disrupt the Service or servers or networks connected to the Service
Use automated means (bots, scrapers, or scripts) to access the Service except through our published API in accordance with Section 9
Resell, sublicense, or redistribute the Service to third parties without our prior written consent
Use the Service to transmit malware, viruses, or any other harmful code
Engage in volume faxing that is disproportionate to legitimate business use or intended to abuse the Service infrastructure

5.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation removing offending content, suspending or terminating the violator's account, and reporting the violator to law enforcement authorities. Violation of this Section 5 may result in immediate account termination without refund.

6. TCPA and Junk Fax Prevention Act Compliance

6.1 Your Obligations Under the TCPA

The Telephone Consumer Protection Act (47 U.S.C. Section 227), as amended by the Junk Fax Prevention Act of 2005, and its implementing regulations (47 C.F.R. Section 64.1200) prohibit the sending of unsolicited advertisements via fax. Following the Supreme Court's 2025 ruling in McLaughlin v. McKesson Corp., cloud-based fax services are within the scope of the TCPA. As a user of AvoFax, you are solely responsible for ensuring that your use of the Service complies with the TCPA and all applicable state laws governing fax communications.

6.2 Unsolicited Fax Advertising Prohibited

You represent and warrant that you will not use the Service to send any “unsolicited advertisement” as defined by the TCPA -- that is, any material advertising the commercial availability or quality of any property, goods, or services that is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise. Specifically, you agree that:

You will obtain prior express consent from each recipient before sending any fax that constitutes an advertisement
You will maintain records documenting the consent of each fax recipient, including the date, method, and scope of consent obtained
Each fax advertisement you send will include a clear and conspicuous opt-out notice on the first page, including a toll-free number and a mechanism for the recipient to opt out of future faxes
You will honor opt-out requests within 30 days of receipt, as required by law
You will maintain an internal do-not-fax list and suppress any recipient who has opted out

6.3 Established Business Relationship Exception

If you rely on an established business relationship (EBR) to send fax advertisements, you are responsible for ensuring that the EBR is valid and current under applicable law, that the recipient's fax number was voluntarily provided to you, and that the fax includes a compliant opt-out notice. AvoFax does not verify the existence or validity of any EBR.

6.4 AvoFax's Role

AvoFax provides the technical infrastructure for fax transmission. We do not monitor the content of faxes you send, nor do we determine whether any fax constitutes an unsolicited advertisement. You are solely responsible for the legality of your fax communications. AvoFax is not liable for any TCPA violations committed by users of the Service.

6.5 TCPA Indemnification

You agree to indemnify, defend, and hold harmless AvoFax, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any TCPA violation, Junk Fax Prevention Act violation, or violation of any similar state or international law resulting from your use of the Service. This indemnification obligation survives termination of your account and these Terms.

7. HIPAA Compliance and Protected Health Information

7.1 AvoFax as a Business Associate

When you use the Service to transmit, receive, or store Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations, AvoFax acts as a Business Associate, not a Covered Entity. AvoFax does not determine the uses or disclosures of PHI; rather, it processes PHI solely as directed by you and as necessary to provide the Service.

7.2 Business Associate Agreement Required

HIPAA-compliant faxing is available only on qualifying plans (currently the Secure plan). If you are a Covered Entity or Business Associate under HIPAA, you must execute a Business Associate Agreement (“BAA”) with AvoFax before transmitting, receiving, or storing any PHI through the Service. The BAA is available for electronic execution within your account settings on eligible plans.

7.3 No PHI Without a BAA

If you have not executed a BAA with AvoFax, you agree that you will not transmit, receive, or store any PHI through the Service. If you are on a plan that does not support HIPAA compliance (such as the Pro plan), you represent and warrant that you will not use the Service to handle PHI. AvoFax is not responsible for any HIPAA violations resulting from your transmission of PHI without a valid BAA in place.

7.4 Your Responsibilities as Covered Entity

If you are a Covered Entity with a signed BAA, you remain responsible for:

Determining whether the use of the Service for a particular communication is appropriate under HIPAA and your own privacy policies
Obtaining any necessary patient authorizations before transmitting PHI
Applying the minimum necessary standard when sending PHI via fax
Verifying recipient fax numbers before transmitting PHI to avoid misdirected faxes
Implementing appropriate administrative, physical, and technical safeguards within your organization
Notifying AvoFax of any restrictions on the use or disclosure of PHI

7.5 Security Measures

For accounts with an executed BAA, AvoFax implements administrative, technical, and physical safeguards consistent with the HIPAA Security Rule, including encryption of PHI in transit (TLS 1.2 or higher), encryption at rest (AES-256), role-based access controls, and audit logging of access to and transmission of PHI. The specific security commitments are detailed in the BAA.

8. Data Handling and Privacy

8.1 Fax Content

We process the content of your faxes solely to provide the Service -- that is, to transmit, receive, convert, store, and deliver fax documents on your behalf. We do not sell, rent, or share the content of your faxes with third parties for their own commercial purposes. Fax content may be temporarily processed by our systems for purposes such as format conversion (e.g., PDF rendering) and delivery confirmation.

8.2 AI-Powered Features

The Service may include optional AI-powered features, such as fax document summaries. When you use these features, the content of the relevant fax document is sent to a third-party AI provider for processing. AI-generated outputs are provided to you and are not used to train third-party AI models. You may disable AI features at any time in your account settings. If you are subject to HIPAA, you should evaluate whether the use of AI features is appropriate for documents containing PHI.

8.3 Data Storage and Retention

Fax documents are stored in encrypted cloud storage (Amazon S3 or compatible object storage). Documents are retained in your account for as long as your subscription is active. Upon account termination, your data will be retained for 30 days to allow you to export your documents, after which it will be permanently deleted unless retention is required by law or a valid BAA.

8.4 Account Data

We collect and store account information (name, email address, billing information) to provide the Service and process payments. We may use your email address to send transactional notifications (fax delivery confirmations, billing receipts, security alerts) and, unless you opt out, periodic product updates. Our collection and use of personal information is further described in our Privacy Policy.

8.5 Audit Logs

The Service maintains audit logs of significant account activities, including login events, fax transmissions, administrative actions, and access to stored documents. Audit logs are available to workspace Owners and Admins and are retained for a minimum of 6 years for accounts with a signed BAA, consistent with HIPAA requirements.

9. API Usage

9.1 API Access

The Service may provide application programming interfaces (“APIs”) that allow you to interact with the Service programmatically. API access is subject to your subscription plan and these Terms. API credentials (keys, tokens) are confidential and must not be shared publicly or embedded in client-side code.

9.2 Rate Limiting

API requests are subject to rate limits, which may vary by plan and endpoint. If you exceed the applicable rate limit, the Service may temporarily reject your requests. We reserve the right to modify rate limits at any time. Persistent or deliberate abuse of rate limits may result in suspension or termination of your API access.

9.3 API Changes

We may modify, deprecate, or discontinue API endpoints from time to time. We will make commercially reasonable efforts to provide advance notice of breaking changes. You are responsible for ensuring that your integrations remain compatible with the current API.

9.4 Prohibited API Use

You may not use the API to build a competing service, to circumvent usage limits or billing, or in any manner that violates these Terms. Automated fax transmissions via the API remain subject to the TCPA compliance requirements in Section 6 and the Acceptable Use Policy in Section 5.

10. Intellectual Property

10.1 AvoFax's Rights

The Service, including all software, interfaces, designs, trademarks, logos, and documentation, is the property of Avo LLC and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use the Service in accordance with these Terms.

10.2 Your Content

You retain all ownership rights in the content you transmit through the Service, including fax documents, contact lists, and templates. By using the Service, you grant AvoFax a limited, non-exclusive license to process, store, and transmit your content solely as necessary to provide the Service.

10.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant AvoFax a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Service without any obligation to you.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, AVOFAX DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AVOFAX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALL FAXES WILL BE SUCCESSFULLY DELIVERED. FAX DELIVERY DEPENDS ON RECIPIENT EQUIPMENT, CARRIER NETWORKS, AND OTHER FACTORS OUTSIDE OF AVOFAX'S CONTROL.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVOFAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AVOFAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AVOFAX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO AVOFAX DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, AVOFAX'S MAXIMUM AGGREGATE LIABILITY SHALL BE ONE HUNDRED DOLLARS ($100.00).

11.3 Fax Delivery

While AvoFax endeavors to deliver all faxes reliably, we do not guarantee successful delivery of any particular fax. Delivery failures may occur due to busy signals, incorrect recipient numbers, incompatible recipient equipment, carrier routing issues, or other factors outside our control. AvoFax is not liable for any damages arising from failed or delayed fax deliveries.

11.4 No Legal, Medical, or Professional Advice

AvoFax does not provide legal, medical, compliance, or other professional advice. While we offer HIPAA-compliant infrastructure on qualifying plans, you are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including HIPAA, TCPA, and state-specific requirements. We recommend consulting with qualified legal and compliance professionals regarding your specific obligations.

12. Termination

12.1 Termination by You

You may cancel your subscription and terminate your account at any time through your account settings. Cancellation takes effect at the end of the current billing period. You remain responsible for all fees incurred prior to cancellation, including any overage charges. You should export any data you wish to retain before your account is terminated.

12.2 Termination by AvoFax

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to: (a) a breach of these Terms; (b) non-payment of fees; (c) conduct that we reasonably believe is harmful to other users, to us, or to third parties; (d) a request by law enforcement or a government agency; or (e) extended periods of inactivity. We will make reasonable efforts to notify you before or promptly after any such action, except where prohibited by law.

12.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately (or at the end of your current billing period for voluntary cancellations). Your provisioned fax numbers will be released and cannot be guaranteed for recovery. We will retain your data for 30 days following termination to permit data export, after which all data will be permanently deleted unless we are required by law to retain it, or unless a BAA requires a different retention period.

12.4 Survival

The following sections survive termination of these Terms: Section 6 (TCPA Compliance), Section 7 (HIPAA), Section 8 (Data Handling), Section 10 (Intellectual Property), Section 11 (Disclaimers and Limitation of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution), and Section 15 (General Provisions), along with any other provisions that by their nature should survive.

13. Indemnification

You agree to indemnify, defend, and hold harmless AvoFax, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

Your use of the Service or any activity under your account
Your violation of these Terms or any applicable law or regulation
Any claim that your fax communications violate the TCPA, the Junk Fax Prevention Act, or any similar law (as further detailed in Section 6.5)
Any HIPAA violation resulting from your failure to comply with Section 7
Your infringement or misappropriation of any third-party intellectual property rights
Any content you transmit through the Service
Your negligence or willful misconduct

This indemnification obligation is in addition to, and not in lieu of, any other indemnification obligations set forth in a signed BAA or other agreement between you and AvoFax.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

14.2 Venue

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction and venue of such courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 60 days. If the dispute is not resolved within that period, either party may proceed with formal legal action as provided in this section.

14.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AVOFAX.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any Business Associate Agreement, Privacy Policy, and any other policies or agreements incorporated by reference, constitute the entire agreement between you and AvoFax with respect to the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and AvoFax regarding the Service.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with the modifications, you must stop using the Service and cancel your account before the changes take effect.

15.3 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15.4 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.5 Waiver

The failure of AvoFax to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of AvoFax.

15.6 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of AvoFax. AvoFax may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.7 Force Majeure

AvoFax shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications outages, or failures of third-party carriers or service providers.

15.8 Notices

Notices to AvoFax should be sent to [email protected] or by mail to Avo LLC, 5151 California Avenue, Irvine, CA. Notices to you will be sent to the email address associated with your account. Notices are deemed received when delivered by email.

15.9 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and AvoFax. Neither party has the authority to bind the other or incur obligations on the other's behalf.

15.10 Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Avo LLC (DBA AvoFax)
5151 California Avenue, Irvine, CA
Email: [email protected]