Terms and Conditions

§ 1 Scope

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

(2) A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their trade nor their self-employed professional activity (§ 13 BGB). A business customer is any natural or legal person who, when concluding the legal transaction, acts in the exercise of their trade, business or self-employed professional activity (§ 14 BGB).

(3) Divergent terms of the Customer will not be recognised unless the Provider expressly agrees to their application 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's details and completing the payment process, 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 documents into fax format
• Transmission of the fax to the fax number specified 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's fax machine cannot be reached 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 shown on the website at the time of ordering apply. Any taxes that may be due (e.g. VAT, sales tax) are automatically calculated and displayed by Stripe during checkout.

(2) Payment processing is carried out via Stripe Managed Payments (Stripe, Inc., USA). Stripe acts as the Merchant of Record 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 before the service is provided.

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

§ 5 Right of withdrawal

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

(2) Since fax transmission begins immediately after payment and is usually completed within a few minutes, the right of withdrawal typically expires before the end of the 14-day withdrawal period.

§ 6 Warranty and money-back guarantee

(1) The statutory warranty rights apply.

(2) The Provider grants a money-back guarantee in the event that a fax cannot be delivered due to a technical fault 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 if: the recipient's fax machine is permanently switched off, defective or non-existent; the fax number provided by the Customer is incorrect; the recipient's fax machine refuses to accept.

(4) The transmission report is deemed proof of successful transmission of the fax to the recipient device. It confirms the technical transmission, but 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 caused by 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 only liable for breaches of essential contractual obligations (cardinal obligations). In this case, liability is limited to typical, foreseeable damage, 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 Obligations of the user

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

• send documents with unlawful, offensive, threatening or otherwise objectionable content
• carry out mass mailings (fax spam)
• send copyright-protected 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 made in the event of incorrect entry.

(3) The Provider reserves the right to reject orders without giving reasons and to refund amounts already paid if there is a justified suspicion of misuse.

§ 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, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as it does not limit mandatory statutory 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 remain unaffected.

Last updated: January 2026