This Customer Agreement (“Agreement”) governs your access to and use of Eldon's cloud-faxing Services. By creating an account or using the Services you agree to these terms on behalf of yourself and any organization you represent.
1. Accounts and organizations
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you create an organization, the first member is the “owner” and is responsible for billing, adding and removing members, and assigning roles.
2. Subscription plans and billing
Eldon offers tiered subscription plans (basic, premium, business, and enterprise). Fees are charged in advance on a monthly or annual basis and are non-refundable except as required by law or as expressly stated in this Agreement. Overage charges for faxes sent above your plan's page limit are billed at the end of each cycle.
You can cancel a paid subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period; your data remains accessible until then.
3. Acceptable use
You agree not to use the Services to:
- Send unsolicited advertisements (“junk faxes”) in violation of the Telephone Consumer Protection Act (TCPA) or any analogous law.
- Transmit content that is illegal, infringing, defamatory, or that violates another person's privacy.
- Attempt to probe, scan, or test the vulnerability of our systems without prior written authorization.
- Resell the Services or provide them to third parties without a separate written agreement.
4. Your content
You retain all ownership rights to documents, contact lists, and other content you upload. You grant Eldon a limited license to store, process, and transmit that content solely to provide the Services to you.
5. Availability and support
We target 99.9% monthly availability for the fax sending and receiving APIs. Enterprise customers may sign a separate service level agreement with additional commitments and remedies. Support is provided by email to [email protected]; response times depend on your plan.
6. Disclaimers
The Services are provided “as is.” To the maximum extent permitted by law, Eldon disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. Fax transmission depends on third-party networks; we do not guarantee that every transmission will succeed on the first attempt.
7. Limitation of liability
To the maximum extent permitted by law, Eldon's aggregate liability under this Agreement will not exceed the amount you paid to Eldon in the twelve months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, or consequential damages.
8. Termination
Either party may terminate this Agreement for material breach that remains uncured 30 days after written notice. Eldon may suspend accounts immediately if continued use poses a security or legal risk.
9. Governing law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.