Terms of Service

Last Updated: October 17, 2025

Introduction

These Terms of Service (“Terms”) govern your use of Faxify, a service of Const Agility, LLC (“we,” “us,” or “our”). By accessing or using the app, website, or related services (collectively, the “Service”), you agree to these Terms and our Privacy Policy.

The Service is intended for use in the United States and Canada only. If you do not agree to these Terms, do not use the Service.

Eligibility & Accounts

• Age: You must be at least 18 years old and able to form a binding contract.
• Registration: You may create an account via Apple Sign‑In, Google Sign‑In, or email one‑time password (OTP). You must provide accurate information and keep it current.
• Security: You are responsible for safeguarding your credentials and all activity under your account. Notify us immediately of any unauthorized use.
• Third‑Party Logins: If you use Apple or Google authentication, their terms and privacy policies also apply.

Acceptable Use

You agree not to misuse the Service. Prohibited conduct includes, without limitation:

• Illegal, fraudulent, or deceptive activity;
• Interference with or disruption of the Service or its infrastructure;
• Malware distribution or attempts to gain unauthorized access;
• Infringement of intellectual property or privacy rights.

Subscriptions, Billing & Refunds

• Recurring Billing: Fees are billed in advance on the schedule you select (e.g., monthly or annually). Subscriptions renew automatically unless canceled prior to renewal.
• Platforms: If purchased through Apple App Store or Google Play, billing, cancellations, and refunds are handled by those platforms. For web purchases (Stripe), contact hello@constagility.com within 30 days for refund requests of the current period.
• Price Changes: We may change prices prospectively with reasonable notice; changes take effect on the next renewal.
• Cancellation: You can cancel at any time; access continues through the paid period unless we state otherwise.
• Suspension/Termination: We may suspend or terminate your access for violations of these Terms or non‑payment.

Content, Ownership & License

• Your Content: You retain rights in content you send or receive via the Service (e.g., faxes). You grant us a limited license to process and transmit such content solely to operate and improve the Service.
• Our Materials: The Service and all related materials are owned by Const Agility, LLC or its licensors and are protected by intellectual property laws. We grant you a limited, non‑exclusive, revocable license to use the Service per these Terms.

Data Retention

• Free & Expired Accounts: Fax documents and related transmission metadata are automatically deleted 30 days after your last activity or subscription expiry.
• Paid Accounts: While your subscription is active, we retain your fax documents and related metadata. After cancellation, the 30‑day deletion rule applies.
• Basic Records: We may retain minimal account/billing records as required for legal, tax, security, and audit purposes.
• Numbers: Dedicated fax numbers are deactivated after the grace period and may be reassigned.

Service Availability & Changes

• Availability: The Service is provided on an “as is” and “as available” basis and may be interrupted for maintenance, updates, or events beyond our control.
• Third‑Party Dependencies: Parts of the Service rely on third‑party networks and providers. We are not responsible for their failures or delays.
• Modifications: We may modify or discontinue features at any time. If changes materially reduce core functionality, we will provide reasonable notice where practicable.

Warranties, Disclaimers & Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. FOR DIRECT SUBSCRIPTIONS (WEB/STRIPE), OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR APP STORE OR PLAY STORE PURCHASES, ANY REMEDIES/LIMITS ARE AS PROVIDED BY THOSE PLATFORMS.

Indemnification

You agree to indemnify and hold harmless Const Agility, LLC and its affiliates from any claims, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, violation of these Terms, or infringement of rights.

Arbitration, Class Waiver & Governing Law

• Governing Law: Texas law governs these Terms, without regard to conflicts of law.
• Venue: Courts in Collin County, Texas, have exclusive jurisdiction for matters not subject to arbitration.
• Arbitration: Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration conducted by a single arbitrator under the AAA rules. You and we waive the right to a jury trial.
• Class Action Waiver: Disputes are resolved only on an individual basis; no class, collective, or representative actions.

Copyright & DMCA

We respect intellectual property rights and respond to valid copyright notices. Send notices to dmca@constagility.com. We may remove content and, where appropriate, terminate repeat infringers.

Changes to These Terms

We may update these Terms from time to time. We will update the date at the top when changes are made. Material changes will be communicated via in‑app notice or email where practicable. Continued use of the Service after changes become effective constitutes acceptance.

General

• Severability: If any part of these Terms is unenforceable, the remainder stays in effect.
• No Waiver: Failure to enforce a provision is not a waiver of our right to do so later.
• Assignment: You may not assign these Terms without our consent; we may assign them without restriction.

Contact

Email: hello@constagility.com
Address:
Const Agility, LLC
10601 Clarence Dr, Ste 250
Frisco, Texas 75033, USA