(A) Eligibility

2.1 Your use of our Services warrants a) that you have the legal capacity to enter into a legally binding relationship, b) that you will provide accurate, current, and complete information when requested, which will be fully compliant with these Terms, and c) that you will not use the Services in violation of these Terms or applicable laws. If you access our Services on behalf of a legal entity, you further warrant that a) you have the necessary authorization to accept the terms of this Agreement, b) you have the necessary authorization to bind such legal entity by accepting this Agreement, and c) the legal entity on whose behalf you accept this Agreement has the full power to enter into and perform the obligations defined herein.

2.2 We cannot control who uses the Platform, so it is your responsibility to assess whether its use complies with local laws and regulations. Each time you use our Platform, you must comply with the terms of this Agreement and all applicable laws, regulations, and policies. If any part of the Platform does not comply with your local laws, you may not use the Site and Services. Any such Service will be deemed “unavailable in your region”.

(B) Scope of Services

2.3 Telsignal operates a platform through which registered users can send faxes. Customers of Telsignal also have access to an online support service that helps them send their faxes.

2.4 We provide our Services via an external API to our site. The API supports only certain document formats, as indicated, so the client must ensure that their document is compatible. Unfortunately, we will not be able to send the fax for that client if the format is incorrect.

2.5 Telsignal cannot guarantee that the Services will meet your needs or be accessible uninterrupted, secure, or error-free. Telsignal cannot guarantee that its Services will operate 24 hours a day and does not offer any such guarantee. Services may be interrupted for reasons related to a) scheduled maintenance, b) force majeure events, c) suspension or termination of specific User accounts, d) Internet issues beyond the control of Telsignal, and e) bugs in the code, hardware, or Services without a known fix available commercially.

(C) Registration

2.6 When registering on our Platform or during any other interaction with it, Users are required to provide true, accurate, up-to-date, and complete information about themselves when prompted in the provided forms. You agree to update your information in case of any changes so that the recorded information remains true, accurate, up-to-date, and complete. If you provide information that does not meet the aforementioned conditions, we may refuse you access to the Site, in whole or in part, or to our Services, or terminate them. We shall not be held responsible for any failure in the provision of the Services resulting from information that is not true, accurate, up-to-date, and complete.

2.7 You agree that it is your responsibility to keep your login information confidential. You are responsible for all activities carried out on your account. If you ever discover or suspect that someone has accessed your account without authorization, we recommend that you inform us immediately.

(D) Subscription Duration

2.8 Users can choose their Subscription Duration through the option provided on the Site. The Subscription Duration begins on the Effective Date and ends on the same day in the month of expiration of the chosen Subscription Duration. If no date in the month of expiration of the Subscription Duration corresponds to the Effective Date, the Subscription Duration will end on the last day of that month. If the Subscription Duration is calculated in hours, it expires after the expiration of all hours of the chosen Subscription Duration.

2.9 The Subscription Duration will be automatically renewed at the end of the current Subscription Duration. The renewed Subscription Duration will by default be identical to the current Subscription Duration, except for special promotional Subscription Durations. After the expiration of the promotional Subscription Duration, your subscription will automatically switch to a normal subscription with a duration corresponding to the shortest normal Subscription Duration possible. Subscription Fees for the renewal of the Subscription Duration will be calculated in accordance with the rates in effect ten (10) days before the expiration of the current Subscription Duration. If you wish to stop using our Services, you can cancel your account or terminate the automatic renewal option in your User account before the expiration of the current Subscription Duration.

(E) Proper Use

2.10 You are prohibited from using our Services improperly, including any use, access, or interference with the Site or Service that violates this Agreement, our privacy policy, and applicable laws and regulations. We may, at our sole discretion, suspend or terminate access to all or part of the Site and Services to any User, without notice or the need to deliberate on the reasons for such action. We reserve the right to refuse Services to anyone at any time. When using our Services, you agree not to violate the Terms, Policies, applicable laws, and regulations, including, without limitation, the following:

• (a) sending or otherwise publishing unauthorized commercial communications (such as spam) through the Site;
• (b) collecting content or information from Site users, or otherwise accessing the Site through automated means (such as collection robots, robots, spiders, or scraping tools) without our authorization;
• (c) uploading viruses or other malicious code;
• (d) publishing or transmitting any illegal, hateful, obscene, threatening, violence-inciting, insulting, defamatory, infringing upon intellectual property rights or privacy, or otherwise objectionable content to third parties;
• (e) taking any action that creates an unreasonably large burden on our Site, unless expressly permitted by us;
• (f) creating more than one account or sharing your account with anyone;
• (g) disclosing any information or content that a law or your contractual or fiduciary relationships prohibit you from making available or that otherwise infringes someone else's rights;
• (h) encouraging participation in content, pyramid schemes, surveys, chain letters, or sending spam or unsolicited emails through the website, or promoting them.

(F) Contact

2.11 If you provide us with your email address, we may contact you using this information regarding any Service-related matters (Service Emails). As such emails do not constitute 'unsolicited commercial electronic messages', you cannot opt out of receiving them. You can opt to receive emails about news, promotions, special offers, or other topics of interest related to Telsignal and our affiliated companies (Promotional Emails). You can choose to stop receiving these promotional emails at any time by following the instructions provided therein.

2.12 If you have any questions or suggestions, you can contact us at [email protected].

(A) Property Rights

3.1 All intellectual property rights related to the Site, the Services, and the Content are the exclusive property of Telsignal, or are used under appropriate licenses or authorizations. No provision of this Agreement shall be construed as intended to transfer these intellectual property rights to you or any other third party.

3.2 Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform provided by Telsignal as part of your subscription package. Unless expressly authorized by these Conditions, you are not authorized to copy, modify, or create derivative works based on the Services; distribute, transfer, sublicense, rent, or lend the Services to any third party; reverse engineer, decompile, or disassemble the Services; or make the features of the Services available to multiple users by any means.

(B) Informations confidentielles

3.3 During the term of this Agreement, Users may be required to provide or voluntarily transmit certain Confidential Information to Telsignal; Telsignal may disclose certain Confidential Information to Users. With respect to such information, the parties agree hereby a) to keep the Confidential Information confidential, b) to take all possible measures to protect its confidentiality, c) not to disclose or otherwise make it accessible to any third party without prior written consent, d) to use it only for the intended purposes, e) to return all Confidential Information and any copies, excerpts, or derivative works resulting therefrom upon written request or upon termination of the Agreement and to destroy or erase all remaining copies of the Confidential Information, in any form or on any storage media.

(C) Notification de violation de droits

3.4 If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site's Copyright Agent:

1. The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. The location on the Site where the allegedly infringing document is located;
4. Your name, address, telephone number, and email address;
5. A statement, signed by you, that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information provided in your Notification is accurate and that you are the copyright owner or intellectual property owner, or are authorized to act on behalf of the owner.

3.5 Our copyright agent can be contacted at the following email address: [email protected]

4.1 All prices for the Services listed are on the Site and calculated when you decide to subscribe on the Site. All prices include VAT. If a Service is listed at an incorrect price due to typographical error or system error, we reserve the right to refuse or cancel any orders placed for that Service. If the incorrect price has already been paid, we will refund you the same amount upon cancellation.

4.2 When registering on the Site, you may choose the payment method. If paying by credit card, you must provide valid and up-to-date information required for payment processing. You authorize us to debit your credit card for all fees due during the term of your subscription.

4.3 Subscription Fees are calculated at the time of submission of your registration on the Site. Subscription Fees for the current subscription term will not be subject to changes in Service prices as described in Section 4.5 of this Agreement.

4.4 If, for any reason, we are unable to process your payment, your subscription will be immediately terminated.

4.5 We reserve the right to change prices at any time; active Users will be notified. These changes will not affect the current subscription term of the user. Renewal of the subscription term will be charged at the prices in effect ten (10) days before renewal.

5.1 Access to the Services may involve links to third-party services and content (including advertisements) that Telsignal does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Telsignal does not endorse such third-party services and content; its liability will not be incurred for any service or content from these third-party providers.

6.1 You may cancel your subscription at any time, without notice and without penalty, by simply deactivating your account in your account settings. Upon deactivation, your subscription will immediately terminate. When you cancel your subscription, we will stop billing you for future monthly fees until you subscribe to the Services again. You will be notified by email of the termination of your subscription.

6.2 You understand and agree that fees for the Subscription Term are due at the beginning of each Subscription Term and no refund or credit will be given for any unused portion of the Subscription Term.

6.3 If you need assistance canceling your subscription, please do not hesitate to contact our support team at [email protected].

7.1 If you are not satisfied with the Services, please contact us at [email protected]. You may be entitled to a refund if you cancel your subscription within fourteen (14) days of your initial registration for the monthly subscription plan.

7.2 No refunds will be provided for the subscription term calculated in hours. If your initial subscription was calculated in hours and you switched to the monthly subscription, the 14-day period is calculated from the time you switched to the monthly subscription.

7.3 Refunds can only be for the last payment you made to us. Refunds beyond the 14-day purchase window will be considered, at our sole discretion, only if the User can demonstrate that the Service was not accessible or usable during the Subscription Term and sufficient attempts were made to contact us to resolve the issue. In this case, Telsignal may provide the User with a refund proportional to the Service fees paid for the period during which the Service was not accessible or usable.

8.1 You indemnify Telsignal, its employees, and its affiliates against any demands, disputes, claims, liability, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising in any way from your access or use of the Site and our Services, the content you provide, or your violation of these Terms, or relating to them; and you release them from any liability in this regard.

9.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any issues or dissatisfaction with Telsignal's service is to stop using Telsignal's services.

9.2 To the maximum extent permitted by applicable law, Telsignal, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, licensors, and licensees shall not be liable for indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use or inability to access or use Telsignal's services, third-party applications, or third-party application content, regardless of the legal theory asserted, even if Telsignal has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose. In no event shall Telsignal's total liability exceed the amount you paid to Telsignal, if any, in the last month for the services giving rise to the claim, to the extent permitted by applicable law.

9.3 Telsignal, its employees, agents, and administrators assume no liability; you hereby agree to release us from any liability arising (directly or indirectly) from the information provided by the Services, or any error or omission thereof. Telsignal's liability shall not be held for losses (direct or indirect) caused by actions you have taken or decisions you have made based on the reliance on information obtained through the Services, nor for losses caused by a delay or malfunction in the operation or accessibility of the Services. While we strive to provide accurate Content through the Platform, we make no warranty or representation as to the accuracy of such Content.

10.1 Telsignal may modify or replace our terms of use at any time. We will post these changes, replacements, and updates on the website; we will notify you by email if possible. These changes, replacements, and updates to our terms of use will take effect immediately upon publication. Changes to the terms of service will not affect previously paid subscription periods. You agree to stay informed of the latest published version of the terms of use; you agree that your access to our service or use thereof once the latest version is published on our site constitutes acceptance of these changes, replacements, and updates, which will then be binding on you. The terms of use apply regardless of the device or operating system you use to access our services.

11.1 This Agreement shall be governed by the laws of Ireland and interpreted in accordance therewith, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree that in the event of a dispute with Telsignal, you will contact us to resolve it through negotiation and mutual agreement. If a solution cannot be reached through such negotiations, you hereby submit to the non-exclusive jurisdiction of the courts of the city of Dublin, Ireland.

12.1 If any part of these Terms is held to be void, illegal, or unenforceable in any respect, the validity or enforceability of the remainder of the Terms shall not be affected.

12.2 The titles of the sections of the Terms are for convenience only and have no legal or contractual effect.

12.3 Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Neither party may assign or transfer any right or obligation under this Agreement to a third party without obtaining prior written consent, except to its successors in the event of merger, sale, or liquidation of the Party.

13.1 As part of our legal duty to provide information, we remind you that the European Commission provides an online dispute resolution platform on the Internet at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

13.2 This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase contracts or services involving a consumer.

13.3 Our email address is [email protected].

Version 1.0 07/10/2021