FaxRetriever End User License Agreement

1. License Grant

Clinic Networking grants you a non-exclusive, non-transferable, revocable license to install and use the Software on computers you own or control, on the number of devices assigned to your account, for your internal business purpose of sending and receiving faxes. All rights not expressly granted are reserved by Clinic Networking. You may not assign or transfer this license, or your account, without our prior written consent.

2. Your Account and Device Tokens

Access to the Software is granted per device. When you install the Software on a computer, that installation is registered to your account and issued a credential we call a “Device Token”. A Device Token works like a password. Treat it that way.

You must keep Device Tokens confidential. You may not share a token, copy it to another computer, or use the Software on more devices than are assigned to your account. Doing any of those things is a material breach of this Agreement. You are responsible for everything done through your account and your Device Tokens.

Tell us promptly if a computer running the Software is lost, stolen, sold, retired, or otherwise leaves your control, or if you believe a token has been exposed. We can then revoke it.

Clinic Networking may rotate or revoke a Device Token at any time, including for security reasons, at your request, or when your Service Agreement changes. When a token rotates, the Software will ask you to reconnect. For unattended fax servers that nobody signs in to, you may ask us to restore a device’s connection remotely. You are responsible for authorizing those requests and for confirming that the person asking on your behalf is authorized to do so.

3. Fees, Licensing, and Your Service Agreement

The Software carries no separate license fee. It is provided as part of the Clinic Networking fax service you buy under the service quote, order form, or signed service agreement between you and Clinic Networking (your “Service Agreement”). Access to the Software depends on that subscription remaining active. This Agreement governs your use of the Software in all cases. Your order or Service Agreement governs fees, term, and the number of devices licensed to you.

The fax service itself, including fax numbers, transmission, carrier charges, and any usage allowance (the “Fax Service”), is provided under your Service Agreement. This Agreement licenses the Software only. It does not sell you fax service and does not set its price.

If your Service Agreement ends, is suspended, or is terminated, your license under this Agreement ends at the same time, and you must stop using the Software. Where this Agreement and your Service Agreement disagree about the Fax Service, support, or fees, your Service Agreement controls.

4. Automatic Updates

The Software automatically checks Clinic Networking’s servers for new versions and downloads and installs updates in the background, without prompting you each time. Updates are cryptographically signed by Clinic Networking and the signature is verified by the Software before an update is applied. Updates may add, change, or remove features, and may include fixes and security patches. By installing and using the Software, you consent to this automatic update behavior. You may turn automatic updates off in the Software’s settings. If you do, you are responsible for keeping the Software current, and some features or fixes may not be available to you. Your continued use of the Software after an update is applied constitutes acceptance of the updated Software under this Agreement.

Because the Software connects to our servers and to the Carrier to send and receive faxes, we may require a minimum supported version. Versions we no longer support may stop connecting.

One practical note. Our installer is not yet code-signed with a certificate that antivirus vendors recognize, so some antivirus and filtering products flag it during installation. Nothing is wrong with the file. If that happens, contact us. Managed clients normally receive the Software through our managed deployment, which avoids the issue.

5. Data and Privacy

The Software is a connected product and it moves your data. Please read this section before you send anything sensitive.

When you send a fax, the Software transmits the document, cover sheet, scanned pages, and destination number from your computer directly to the systems of our telephone carrier, SkySwitch (the “Carrier”), over an encrypted connection. The Carrier then transmits the fax over the public telephone network. Incoming faxes travel the same path in reverse and are downloaded by the Software from the Carrier to your computer. Fax page content does not pass through, and is not stored on, Clinic Networking’s own servers.

Clinic Networking’s servers do hold information about your faxing, and you should understand exactly what that is. We store account and device identifiers, the credentials that let your devices authenticate, and transmission metadata. Transmission metadata includes fax identifiers, which integration a fax came from, which device sent or received it, a record of which faxes have been downloaded, and usage counts. We also keep diagnostic logs about the Software’s operation, which are designed not to contain fax page content.

Clinic Networking administers your Carrier account on your behalf and holds the credentials that access it. That means our personnel are able to reach fax content held on the Carrier’s systems, and may do so to operate the service, troubleshoot a problem, or provide support you have asked for. Where that access involves protected health information, it is governed by the Business Associate Agreement described in Section 6.

Copies of fax content are stored on the Carrier’s systems for the retention window described in Section 9, and on your own computer once a fax is downloaded.

Fax content will routinely contain protected health information (“PHI”) and other confidential information. We expect that. It is what the product is for.

The public telephone network is not an encrypted medium. Once a fax leaves the Carrier for the receiving line, neither we nor the Carrier control who is standing at the other end. That is a property of fax as a technology, not a defect in the Software.

We do not sell your data. We do not use your fax content for advertising or to train machine learning models.

Clinic Networking’s Privacy Policy governs our handling of personal information generally. For PHI, the Business Associate Agreement controls and takes precedence over this Agreement and over the Privacy Policy. You are responsible for configuring and operating the Software in compliance with your own legal and regulatory obligations.

6. HIPAA and the Business Associate Agreement

If you are a covered entity or a business associate under the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), then Clinic Networking acts as your business associate when it creates, receives, maintains, or transmits PHI through the Software or the Fax Service, including the transmission metadata described in Section 5 and any access to Carrier-held fax content.

A Business Associate Agreement between you and Clinic Networking (the “BAA”) must be executed before the Software is provisioned for your account. Ask us for one, or use the Business Associate Agreement form in the client resources section of our website. Clinic Networking will not knowingly provision or continue fax service for an account transmitting PHI without an executed BAA. If we learn that PHI is being transmitted without one, we will contact you to put a BAA in place, and may suspend the account under Section 18 until it is executed. Nothing in this paragraph limits your own obligation under HIPAA to have a Business Associate Agreement in place with each of your business associates.

The BAA governs the handling of PHI. If any term of this Agreement conflicts with the BAA with respect to PHI, the BAA controls. Nothing in this Agreement waives, limits, or replaces any obligation that the BAA or HIPAA imposes on either party, and nothing in this Agreement limits any liability that HIPAA or the BAA does not permit to be limited.

You remain responsible for your own HIPAA compliance. That includes your policies and workforce training, the access controls on the computers where the Software runs and where downloaded faxes are stored, applying the minimum necessary standard to what you send, confirming that a disclosure is permitted before you make it, and verifying that the destination fax number is correct. The Software is a tool. It is not a compliance program, and it cannot tell whether a fax you are about to send should be sent.

7. Fax Delivery Is Not Guaranteed

Faxes are carried by the Carrier over the public telephone network to equipment that belongs to the recipient. We do not control the Carrier’s network, the telephone network, or the receiving fax machine or fax service.

Clinic Networking does not guarantee that any fax will be transmitted, that it will be delivered, that it will be delivered within any period of time, or that it will be legible when it arrives. Faxes fail for ordinary reasons that no software can prevent: a busy line, a machine out of paper, a wrong number, a noisy line, a carrier outage, or a recipient fax service that quietly drops the call.

Delivery status shown in the Software, including Accepted, Delivered, and Failed, is reported to us by the Carrier and passed through to you. Clinic Networking does not independently verify it. “Accepted” means the Carrier accepted the fax for transmission. It does not mean the fax reached the recipient. “Delivered” means the Carrier reported a completed transmission to the receiving equipment. It does not mean a person picked the pages up or read them.

If a fax is time-critical, such as a prescription, a prior authorization, or records for a patient being seen today, confirm receipt by telephone or another independent method. Do not rely on the status display alone.

Status written back into a connected pharmacy system, such as the Faxed and Fax Failed states written into the Computer-Rx queue, reflects the same Carrier-reported result and carries the same limits. It is provided on a best-effort basis and may be unavailable if that system is closed, busy, or unreachable.

Features such as automatic retry, automatic splitting of large documents, and batch sending are conveniences. They do not change anything in this section. Batch sending is paced to comply with Carrier limits, so a large batch takes time to work through, and each destination is sent separately.

The Fax Service may be unavailable during Carrier outages, maintenance, and telephone network problems. This Agreement provides no uptime commitment. See Section 11.

8. Lawful Use

You are solely responsible for what you send through the Software and for whether sending it is lawful.

You represent that you have the right and any required authorization to transmit any PHI or other confidential information you send, and that each disclosure you make is permitted under HIPAA and other applicable law.

You must comply with the federal Telephone Consumer Protection Act, the Junk Fax Prevention Act, the Federal Communications Commission’s rules on fax advertising, and any equivalent state law. Sending unsolicited fax advertisements is unlawful in most circumstances and carries statutory penalties that are assessed per fax. You may not use the Software to send unsolicited fax advertisements. If you send a fax advertisement that the law permits, you are responsible for including the required opt-out notice and for honoring opt-out requests promptly.

You may not use the Software for any unlawful, fraudulent, harassing, or abusive purpose, to send content you do not have the right to send, or to provide fax service to any third party.

Clinic Networking may suspend or terminate your access, and may revoke your Device Tokens, if we reasonably believe the Software is being used in violation of this section or in a way that threatens the Fax Service, our systems, or our relationship with the Carrier.

9. Received Faxes, Local Storage, and Retention

The Software downloads received faxes to a folder on your computer as PDF, JPG, or TIFF files. Those local copies belong to you, and they are your responsibility. That includes securing the computer they sit on, controlling who can open them, backing them up, and disposing of them securely when you no longer need them. Clinic Networking does not back up your local copies. Uninstalling the Software does not delete them.

Server-side retention is a setting you control in the Software, from 1 day to 365 days. When the window you choose expires, the fax content is deleted from the Carrier’s systems. We cannot recover it afterward.

A received fax is not deleted from the Carrier before the Software has downloaded it to your computer, even if your retention window has expired in the meantime. This rule exists to make sure a fax cannot be destroyed before you have it. It has a consequence you should understand: if the computer that receives your faxes is switched off, disconnected, or misconfigured for a long period, the faxes waiting for it stay on the Carrier past the retention window you chose. Keep the receiving computer online, and tell us if it will be down for an extended time.

Transmission metadata that contains no fax page content, such as fax identifiers, device identifiers, download records, and usage counts, is retained on Clinic Networking’s systems under our Privacy Policy for recordkeeping, billing, and audit-log purposes.

Your own record-retention obligations, under state pharmacy or medical board rules, under HIPAA, and under other law, are frequently longer than 365 days. Meeting them is your responsibility, not ours, and the retention setting in the Software is not a records-retention system. Choose a retention window and a local backup practice that satisfy the rules that apply to you.

Before your access ends for any reason, download anything you need to keep. After termination, we will return or destroy PHI in our possession as the BAA requires, and beyond that we are not obligated to retain or produce your fax content.

10. Fax Numbers and Porting

Fax numbers used with the Software are assigned or ported through the Carrier under your Service Agreement. This Agreement does not grant you ownership of any telephone number and does not cover ordering, porting, changing, or releasing a number. Those requests are handled under your Service Agreement and are subject to Carrier and regulatory requirements, including the cooperation of your current provider. Number availability and porting timelines are not within our control.

11. Support and Service Levels

This Agreement does not include support and creates no service level. It provides no uptime commitment, no response time commitment, and no guarantee of availability. Support, if any, is governed by your Service Agreement with Clinic Networking.

Response times, availability figures, and similar descriptions that appear on our website or in marketing materials are general descriptions of how we work. They are not commitments under this Agreement, and they are not binding unless they appear in a signed service level agreement.

12. Restrictions

You may not: (a) reverse engineer, decompile, or disassemble the Software, except to the extent applicable law expressly permits despite this limitation; (b) rent, lease, lend, sell, sublicense, or distribute the Software, or use it to provide fax service to any third party; (c) remove or alter any proprietary notices on the Software; (d) use the Software in any manner that violates applicable law; (e) share, transfer, or extract a Device Token, or work around the number of devices assigned to your account; (f) interfere with or disable the Software’s update, logging, or security functions; or (g) access Clinic Networking’s servers, the Carrier, or the Fax Service by any means other than the Software as we provide it.

13. Ownership

The Software is licensed, not sold. Clinic Networking and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. You retain ownership of the fax content you send and receive.

14. Third-Party Components

The Software includes the NAPS2 scanning engine, which it runs as a separate program, and it runs on components that include the Tauri framework and Rust runtime libraries, a Python runtime and supporting libraries, and components of Microsoft Windows. These are subject to their own license terms, available from their respective providers. A list of third-party components and their licenses is available from Clinic Networking on request.

Scanning depends on your scanner and the drivers Windows provides for it, using WIA, TWAIN, or network eSCL. Clinic Networking does not warrant compatibility with any particular scanner or driver.

Fax transmission is carried by the Carrier. Because the Carrier holds fax content for the retention window described in Section 9, it is not a mere conduit. Where the Carrier creates, receives, maintains, or transmits PHI on our behalf, Clinic Networking engages it as a subcontractor under a written agreement meeting the requirements of 45 CFR 164.314(a) and 164.504(e)(5), and Clinic Networking remains responsible to you under the BAA for that handling. You are not a party to our agreement with the Carrier, and this Agreement does not grant you direct contractual rights against the Carrier.

15. Disclaimer of Warranties

THE SOFTWARE AND THE FAX SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLINIC NETWORKING DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY FAX WILL BE TRANSMITTED, DELIVERED, RECEIVED WITHIN ANY PERIOD OF TIME, OR LEGIBLE, THAT DELIVERY STATUS REPORTED BY THE CARRIER IS ACCURATE OR COMPLETE, OR THAT FAX CONTENT WILL NOT BE LOST OR CORRUPTED.

NOTHING IN THIS SECTION LIMITS, WAIVES, OR REPLACES CLINIC NETWORKING’S OBLIGATIONS UNDER THE BAA.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINIC NETWORKING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, OR FOR ANY FAX THAT IS NOT DELIVERED, IS DELAYED, IS SENT TO A DESTINATION NUMBER YOU ENTERED INCORRECTLY, OR IS REPORTED WITH AN INACCURATE DELIVERY STATUS, EXCEPT WHERE CAUSED BY CLINIC NETWORKING’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT. EXCEPT AS STATED IN THE PARAGRAPH BELOW, CLINIC NETWORKING’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID CLINIC NETWORKING FOR THE SOFTWARE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS.

The limits above do not apply to the following. First, they do not limit your obligations under Section 17. Second, they do not limit either party’s obligations under the BAA, and they do not limit any liability that HIPAA or the BAA does not permit to be limited. Third, they do not apply to claims arising from the Fax Service itself, which are governed by your Service Agreement and by the limitation of liability set out in it. Fourth, they do not apply to Clinic Networking’s gross negligence, willful misconduct, or fraud, or to any liability arising from a violation of law, which under Oklahoma law may not be limited by contract. Fifth, they do not limit any other liability that cannot be limited under applicable law.

17. Indemnification

You will defend, indemnify, and hold harmless Clinic Networking, its owners, and its employees from and against any third-party claim, demand, penalty, fine, loss, or cost, including reasonable attorney fees, arising out of or related to: (a) the content you send or receive through the Software; (b) your violation of Section 8, including any claim under the Telephone Consumer Protection Act, the Junk Fax Prevention Act, or state fax advertising law; (c) a fax sent to an incorrect destination number entered by you or by a system you operate; (d) your breach of this Agreement; or (e) your failure to safeguard your computers, your account, or your Device Tokens.

This section does not apply to the extent a claim arises from Clinic Networking’s own gross negligence or willful misconduct, or from our breach of the BAA.

Clinic Networking will notify you promptly of any claim covered by this section. You control the defense and settlement of the claim, with our reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by Clinic Networking, or that imposes any obligation on Clinic Networking, without our prior written consent.

18. Term and Termination

This Agreement is effective until terminated. It terminates automatically if you breach it, and it terminates when your Service Agreement ends.

Clinic Networking may suspend or terminate your access, and may revoke your Device Tokens, immediately where there is a security risk, suspected unlawful use, or non-payment under your Service Agreement.

On termination, you must stop using the Software and remove it from your computers. Download any fax content you need to keep before your access ends. See Section 9.

Sections 5, 6, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 survive termination.

19. Governing Law

This Agreement is governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of this Agreement will be the state or federal courts located in Oklahoma.

20. Severability and Waiver

If any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and if it cannot be modified it will be severed. The rest of this Agreement remains in effect.

A failure or delay by either party in enforcing any provision is not a waiver of that provision or of any other, and no waiver is effective unless it is in writing.

21. Entire Agreement; Order of Precedence; Changes

This Agreement is the entire agreement between you and Clinic Networking regarding your use of the Software, and it supersedes any prior end user license agreement for the Software, including any license text presented by an earlier version of the installer. It does not supersede, replace, or amend the BAA, your Service Agreement, or Clinic Networking’s published Terms and Conditions, each of which remains in full force.

Where documents overlap, they apply in this order. The BAA controls for anything involving PHI. Your Service Agreement controls for the Fax Service, fax numbers, fees, and support. Clinic Networking’s published Terms and Conditions control for dispute resolution and for matters not addressed here. This Agreement governs your use of the Software.

Clinic Networking may publish an updated Agreement. Where an update materially changes your rights or obligations, we will send the updated Agreement to your account contact before it takes effect, and your continued use of the Software thirty days after that notice constitutes acceptance. Otherwise, the version of this Agreement presented with the Software you install governs your use of that version.

22. Contact