Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions apply to all contracts between Growthpaca GmbH, Blankenburger Str. 67, 13156 Berlin (hereinafter the "Provider") and the user (hereinafter the "Customer") regarding the use of the FaxMonkey.com online fax service.

(2) For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (section 13 BGB). An entrepreneur is any natural or legal person who, when concluding the legal transaction, acts in exercise of their trade or self-employed professional activity (section 14 BGB).

(3) Deviating terms and conditions of the Customer are not recognised unless the Provider expressly agrees in writing.

§ 2 Conclusion of contract

(1) The presentation of the service on the website does not constitute a legally binding offer, but an invitation to submit an offer.

(2) By uploading a document, entering the recipient data and completing payment, the Customer submits a binding offer to conclude a contract for fax transmission. The contract is concluded upon successful payment.

(3) The contract text is not stored. The order details are confirmed to the Customer by email.

§ 3 Description of services

(1) The Provider renders the following services:

• Receipt of documents (PDF, Word, image files) via the website
• Conversion of the documents into fax format
• Transmission of the fax to the fax number provided by the Customer
• Sending a transmission report by email

(2) The maximum file size is 20 MB per order. There is no page limit as long as the file size is observed.

(3) The Provider will attempt delivery multiple times if the recipient fax machine is not reachable on the first attempt. The number of attempts and the intervals are at the discretion of the Provider or the technical service provider.

§ 4 Prices and payment

(1) The prices listed on the website at the time of your order apply. Any applicable taxes (e.g., sales tax, VAT) are automatically calculated and displayed by Stripe during the checkout process.

(2) Payment processing is carried out via Stripe Managed Payments (Stripe, Inc., USA). Stripe acts as the Merchant of Record (registered merchant) and is the customer's legal counterparty for payment processing. Stripe calculates and remits applicable taxes, issues payment receipts, and handles any payment disputes. The customer may pay by credit card, debit card, or other payment methods offered by Stripe. Payment is due prior to the provision of the service.

(3) These are one-off orders. No subscriptions, basic fees or recurring charges arise.

§ 5 Right of withdrawal

(1) Before completing payment, the Customer is informed that, by consenting to the immediate execution of fax dispatch, they lose their right of withdrawal once the Provider has begun performance.

(2) Since fax dispatch starts immediately after payment and is usually completed within a few minutes, the right of withdrawal typically expires before the fourteen-day withdrawal period ends.

§ 6 Warranty and money-back guarantee

(1) Statutory warranty rights apply.

(2) The Provider grants a money-back guarantee if a fax cannot be delivered due to a technical error on the part of the Provider or its technical service provider. In this case, the amount paid will be refunded in full.

(3) The money-back guarantee does not apply if non-delivery is due to circumstances beyond the Provider's control, in particular where the recipient fax machine is permanently switched off, defective or non-existent, the fax number provided by the Customer is incorrect, or the recipient fax machine refuses to accept the fax.

(4) The transmission report serves as proof of successful transmission of the fax to the recipient device. It confirms the technical transfer, not receipt by a specific person.

§ 7 Limitation of liability

(1) The Provider is liable without limitation for damages resulting from injury to life, limb or health that are based on intentional or negligent breach of duty, as well as for damages caused by intentional or grossly negligent conduct.

(2) In cases of slight negligence, the Provider is liable only for breach of material contractual obligations. In such cases, liability is limited to typical, foreseeable damages, but not exceeding the value of the order.

(3) The Provider is not liable for damages caused by delayed delivery, unless the delay is due to intent or gross negligence on the part of the Provider.

(4) The Provider is not responsible for the content of the documents transmitted by the Customer.

§ 8 User obligations

(1) The Customer undertakes to use the service only for lawful purposes. In particular, it is prohibited to:

• send documents with unlawful, insulting, threatening or otherwise offensive content
• carry out bulk transmissions (fax spam)
• send copyrighted content without authorisation
• provide false sender information
• use the service for fraud attempts or other illegal activities

(2) The Customer is responsible for the accuracy of the recipient fax number provided. No refund will be issued in case of incorrect entry.

(3) The Provider reserves the right to refuse orders without stating reasons and to refund amounts already paid if there is a justified suspicion of abusive use.

§ 9 Data protection

Information on the processing of personal data can be found in our Privacy Policy.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not limit the protection afforded by mandatory provisions of the state in which the consumer has their habitual residence.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected.

Last updated: January 2026