General Terms and Conditions

§ 1 Scope

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

(2) A consumer within the meaning of these GTC 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 of the Customer are not recognised unless the Provider expressly agrees to their validity 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 the payment process, the Customer submits a binding offer to conclude a contract for the transmission of a fax. The contract comes into effect upon successful payment.

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

§ 3 Description of services

(1) The Provider supplies 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 specified by the Customer
• Dispatch of a transmission report by email

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

(3) The Provider makes several delivery attempts if the recipient fax machine is not reachable at 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 stated on the website at the time of ordering apply. Any applicable taxes (e.g. sales tax, VAT) 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 (registered merchant) and is the customer's legal contracting party 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 charges arise.

§ 5 Right of withdrawal

(1) Before completing the payment process, the Customer is informed that, by consenting to the immediate execution of the fax transmission, they lose their right of withdrawal as soon as the Provider has begun performing.

(2) Since fax transmission begins 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) 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 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'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 acceptance.

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

§ 7 Limitation of liability

(1) The Provider is liable without limitation for damages arising from injury to life, limb or health that are based on an intentional or negligent breach of duty, and for damages based on intentional or grossly negligent conduct.

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

(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 liable 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
• Conduct mass transmissions (fax spam)
• Send copyrighted content without authorisation
• Provide false sender details
• 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 decline orders without stating reasons and refund amounts already paid if there is reasonable 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, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as it does not restrict 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