Terms of service

1. Parties and purpose

These terms govern the purchase and use of Factuza, a service provided by Eduardo Ortega Busutil, an individual with tax number 50744036X, of Avenida del Talgo 86, 1.º B, 28023 Madrid, trading as OBTechnologies and Factuza (hereinafter “we”), in favour of the individual or legal entity purchasing the licence (hereinafter “you” or “the client”).

Factuza is an invoicing software system compliant with Royal Decree 1007/2023 and Order HAC/1177/2024, provided as a cloud service. By subscribing you accept these terms, the legal notice, the privacy policy and the data processing agreement that forms part of it.

2. Sign-up and duration

Sign-up happens online. We need your identifying and tax details (the same ones that will appear as the issuer on your invoices), and you are responsible for their accuracy.

The contract runs monthly or annually depending on the plan chosen, and renews automatically for equal periods unless you cancel the subscription before the renewal date. You can do so from the client area, with no phone calls and no explanations.

Right of withdrawal

If you subscribe as a consumer (outside your business or professional activity) you have 14 calendar days to withdraw without cause. Bear in mind that if you ask for the service to start immediately and then withdraw, you must pay for the proportion already provided. Factuza is normally used professionally, in which case this right does not apply.

3. Plans and prices

Prices are stated excluding VAT, which is added on the invoice at the rate in force.

The Gestoría plan is billed by the bundle purchased, not by the number of clients you have registered at any given moment: the bundle price is the same whether you fill it or not. The bundle sets the maximum number of clients in your client base; separately from those, the practice's own issuer does not use up a slot. To change bundle, write to us and we will adjust it with effect from the next billing period.

Founders plan: the first 20 clients to subscribe enjoy a reduced price of €6/month (excluding VAT) for the first 12 months of subscription; from the thirteenth month the Autónomo plan rate applies (€12/month). Founder status applies on the terms published at the time of subscribing and is retained for as long as the subscription remains in force without interruption. If you cancel and come back later, the rate then in force applies.

4. Payment, non-payment and suspension

Payment is made in advance through the payment gateway, which handles your card details in full; we do not store them. We issue an invoice for each charge and it is available in the client area.

If a payment fails, we will tell you and retry it. If the period stated in that notice passes without the position being put right, the licence becomes suspended. Suspended means:

• You cannot issue new invoices.
• You do keep read access to everything issued, and you can export it.
• Filing already issued invoices with the AEAT never stops. A payment problem between you and us cannot be allowed to put you in breach of your tax obligations.
• Your data and your chain of records remain intact.

5. What Factuza does and does not do

This is the most important clause in this document, so it goes without beating about the bush.

What we do

• Generate invoices with their chained hash, their QR code and their issue or cancellation record in accordance with the regulations, and file them with the AEAT.
• Retain the records unalterably and make them available to you.
• Calculate and propose the tax returns the application covers.
• Issue the responsible declaration required of the producer of an invoicing software system.

What we do not do

• We are not your tax adviser. Factuza provides no tax, accounting or legal advice.
• We do not file returns on your behalf. Every return is delivered as a draft, with the origin of each box identified, for you or your adviser to review. Filing and tax liability are always yours.
• We do not validate your tax judgements. If you classify a transaction as exempt, as reverse charge or as subject to withholding, Factuza applies what you tell it and checks formal consistency, but the classification is yours.
• We do not use generative artificial intelligence in any feature of the product.

6. Your obligations

• Provide truthful details and keep them up to date, particularly the tax ones.
• Keep your credentials safe and do not share your account. Each person using Factuza must have their own login.
• Use the service in accordance with the law and not use it to issue false or simulated documentation.
• Do not attempt to alter, circumvent or manipulate the chaining, numbering or filing mechanisms —besides being prohibited by this contract, it constitutes a serious tax offence.
• Do not reverse engineer, decompile or redistribute the software, or resell the service other than under the distribution programme in clause 6 bis.

Breach of this clause allows immediate suspension of the service.

6 bis. If you subscribed through an accountancy practice

An accountancy or advisory practice may purchase Factuza in your name, under a distribution agreement signed with us, and charge you separately at whatever price it sets. We play no part in that price or in that invoice.

If that is your situation, there are three things worth knowing:

• Whoever pays is whoever contracts. The payment relationship is between your practice and us. What you pay them is governed by your agreement with them, not by this contract.
• If your practice stops paying, the service is suspended. We will tell you at your account's email address before it happens and you will be able to carry on independently by subscribing directly. Your data and your invoices are not deleted because of this: they remain yours and you can download them on the terms of clause 9.
• The data is still yours. Somebody else paying does not make them the owner of your tax information. Your practice's access to your account is granted by you, and you can reduce it or withdraw it whenever you like from your settings.

The distribution discount applies to the rate in force and cannot be combined with other promotions.

7. Availability and support

We work to keep the service continuously available, save for maintenance windows —which we will announce in advance whenever possible— and incidents affecting the infrastructure provider or the AEAT's systems, which are outside our control.

If the AEAT's systems do not respond, Factuza does not block your invoicing: it records the incident in accordance with the procedure laid down in the rules and retries the submission automatically.

Support is provided from the client area and at soporte@factuza.com, in Spanish, during working hours. The committed first-response times are:

These times refer to the first response, not to resolution, which depends on the nature of the problem.

8. Your data and your exit

Your data is yours. At any time, including after cancelling, you can export your invoices, your invoicing records and your client data in standard, readable formats.

After cancellation we keep your information for the legal tax and commercial retention periods, and we give you at least thirty days of read-only access so that you can download everything without rushing. We apply no exit fees and we do not hold data as commercial leverage.

VeriFactu chain records are not deleted while the retention obligation lasts: their immutability is precisely what gives them evidential value before the authorities.

9. Liability

We are answerable for the correct functioning of the system in accordance with the rules applicable to it and for the obligations we assume as producer of the invoicing software system.

We are not answerable for:

• The consequences of incorrect data or mistaken tax classifications entered by you.
• The outcome of the returns you file: the drafts are a proposal that you must review.
• Interruptions attributable to third parties —infrastructure provider, the AEAT, network operators— or to force majeure.
• Loss of profit or indirect damages.

Save for wilful misconduct or gross negligence, and save for what the law does not allow to be limited, our liability is limited to the amount of the fees paid by the client in the twelve months preceding the event giving rise to it.

10. Cancellation and termination

You can cancel whenever you like from the client area. Cancellation takes effect at the end of the period already billed, and the unused part of that period is not refunded. Until then the service remains available as normal.

Leaving costs nothing. We charge nothing for cancelling, for exporting your data or for migrating to another provider, either before or after cancellation.

Your data does not wait for the contract to end. The full export is available at any time while the account is active, and also during the access period after cancellation: taking your data with you does not depend on when your billing ends. It is delivered in an open, machine-readable format.

We may terminate the contract, on notice save in urgent cases, in the event of persistent non-payment, use of the service for unlawful purposes or serious breach of clause 6. Also if we cease providing the service, in which case we will give at least three months notice, refund the unused proportion and guarantee the full export of your data.

11. Changes to the service and to these terms

Factuza evolves, and so do the invoicing rules: we may change features to adapt to legal changes without prior notice where the law imposes them with immediate effect.

Changes to prices or to substantial terms will be communicated at least thirty days in advance. If you do not accept them, you can terminate the contract without penalty before they take effect.

12. Applicable law and complaints

This contract is governed by Spanish law.

Before going to court, write to us: most problems are solved with one email to soporte@factuza.com. If you subscribe as a consumer, you also have access to the European Commission's online dispute resolution platform and to the consumer arbitration boards, and the competent courts will be those of your place of residence. In business-to-business contracts, the parties submit to the courts of the provider's domicile.

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