Terms and conditions

These terms and conditions govern access to and use of the Factuarea application (hereinafter, «the Service»). Registering for, accessing or using the Service means accepting them in full and being bound by them.

What they govern is use of the application, not mere browsing of this website: that is covered by the legal notice. The processing of personal data is explained in the privacy policy, which forms part of these terms.

If you do not agree with any of these conditions, do not use the Service. It is advisable to read this document in full before registering.

The Service is provided by Factuarea, a natural person registered as a self-employed professional in Spain. It is not a company, so there are no commercial register details to state.

• Owner: José Luis Caravaca Carretero · Trading name: Factuarea
• DNI/NIF: 20182019L
• Address: Cuesta de los Mesones 17, 2C · 14840 Castro del Río
• Email: info@factuarea.com
• Telephone: +34 648 44 20 04

The full identification details required by Spanish Law 34/2002 (LSSI) appear in the legal notice.

Factuarea is an invoicing and business management application used over the internet, aimed at self-employed workers, companies and professional practices. It is provided as a service: no copy of the software is delivered and nothing is installed on the user's equipment.

• Issuing invoices, quotes, pro forma invoices, delivery notes and credit notes.
• Recording expenses and supplier invoices, with their due dates and payments.
• Managing clients, suppliers, the product catalogue and numbering series.
• Tracking payments received, due dates and payment reminders.
• Consulting activity reports and summaries for tax returns.
• Generating VeriFactu billing records and Facturae electronic invoices.
• Connecting to other applications through the public API and the available integrations.

Not every feature is included in every plan. What each plan covers is published on the pricing page and on the product pages. Factuarea may add, change or withdraw features in order to improve the Service or adapt it to regulatory changes; where the withdrawal of a feature is substantial, reasonable advance notice is given.

Using the Service requires creating an account with accurate, up-to-date details. The Service is aimed at individuals and organisations acting in the course of an economic or professional activity; it is not intended for personal use unrelated to such activity.

The user is responsible for:

• Keeping their access credentials confidential.
• All activity carried out under their account, including that of anyone they grant access to.
• Reporting without delay any unauthorised use or security incident they become aware of.
• Keeping their tax and contact details current, since these are used for billing and for notifying changes.

Factuarea may suspend accounts that breach these conditions or show fraudulent activity, with prior notice unless the urgency of the case makes that impossible.

The available plans, what each one includes and the prices in force are published on the pricing page, which is the reference at any given time. Prices are stated excluding VAT, which is added at the time of charge where applicable.

The Service can be trialled free of charge for ten calendar days, with no card required. The trial is available once only per company and per user, is not renewed, and cannot be chained by registering new companies.

There is no permanently free plan. Once the trial ends without a plan being taken out, the account can no longer create new documents; access to view and download what has already been issued is retained.

The published plans are taken out on a self-service basis from within the application. The Enterprise plan is not available on a self-service basis: its price and conditions are agreed in advance with the sales team.

As regards billing:

• Charges are made in advance according to the billing period taken out, monthly or annual, and the subscription renews automatically for equal periods unless cancelled.
• When moving up to a higher plan the change takes effect immediately and the pro rata amount for the current period is charged there and then.
• When moving down to a lower plan the change is scheduled for the end of the period already paid for; no refund is due for the unused portion.
• The accounting-practice portfolio is billed separately from the plan and always monthly: on Business, each active client company adds its own seat. Other add-ons, such as employee access, follow the terms shown before purchase whenever they are available.
• Payments are processed through an external payment provider. Factuarea does not store full card details; the recipients of the data are set out in the privacy policy.
• An invoice is issued in the user's name for each charge and is available within their own account.

Any price change is notified to the registered email address at least thirty days in advance and applies from the following renewal. Anyone who does not accept it may cancel before that date at no additional cost.

If a charge fails, it is retried over a period of days and the user is notified: a returned payment does not cut off access immediately. Suspension of the Service follows if non-payment persists once the period already paid for and its grace period have run out.

The user undertakes to use the Service in accordance with applicable law, refraining from:

• Unlawful or fraudulent use, or use that harms the rights of third parties.
• Attempting to access other people's accounts or parts of the system they are not authorised to reach.
• Introducing viruses, malicious code or anything else capable of damaging the Service.
• Reverse engineering, decompiling or extracting the software's code.
• Reselling the Service or granting third parties access without express authorisation.
• Using the Service to send unsolicited commercial communications.
• Deliberately overloading the infrastructure or circumventing the limits of the plan by technical means.

The user is solely responsible for the accuracy, lawfulness and truthfulness of the data and documents they create with the Service, as well as for meeting their own accounting, tax and invoicing obligations. Factuarea does not review the content of documents and does not provide tax, accounting or legal advice.

Factuarea generates the billing records provided for in Spanish Royal Decree 1007/2023 (VeriFactu) and electronic invoices in Facturae format. Being the taxable person, and meeting the obligations arising from that status, remains at all times the user's responsibility.

Three technical consequences of those rules are worth knowing, because they do not depend on Factuarea and cannot be undone:

• Billing records are chained to one another and sealed. Once generated they cannot be modified or deleted.
• Voiding or correcting an invoice does not erase its record: it generates an additional record, and both remain.
• Submission to the Spanish Tax Agency depends on the company holding a valid certificate and on the Agency's services being available. Factuarea retries failed submissions, but cannot guarantee a third party's availability.

It is for the user to check whether their activity is subject to these obligations and from what date. The VeriFactu guide explains the timetable and who is affected, with links to the official sources.

The software, design, logos, texts, documentation and other elements of the Service belong to Factuarea or to its licensors, and are protected by Spanish and international intellectual and industrial property law.

Taking out a subscription grants a limited, non-exclusive, non-transferable and revocable right to use the Service, for the duration of the subscription and for the user's own activity. It does not entail any transfer of intellectual property rights.

Data remains the property of whoever enters it. The data, documents and files the user uploads or generates in the application belong to them. Factuarea processes them solely to provide the Service, comply with the law and keep the platform secure; it does not use them for advertising purposes or disclose them to third parties beyond what the privacy policy provides.

Factuarea makes reasonable efforts to keep the Service available, but does not commit to any availability percentage. Interruptions may occur due to maintenance, updates, supplier incidents or force majeure. Scheduled downtime is announced in advance whenever possible.

Support is provided in writing, through the form inside the application and at info@factuarea.com. Requests are handled on working days in the order received: no response time is committed to.

The contract is of indefinite duration and renews automatically for periods equal to the one taken out, unless cancelled.

Cancellation is done from within the application, at any time and without needing to give reasons. It takes effect at the end of the period already paid for, unless immediate termination is requested. In neither case is the current period refunded, unless the law requires it.

When the subscription ends, whether through cancellation or non-payment:

• The account can no longer create new documents.
• Access to view and download what has already been issued is retained.
• The account is cancelled, not deleted: the data remains under the conditions explained in the next section.

Factuarea may suspend or terminate the contract for serious breach, non-payment or fraudulent use, with prior notice except in justified urgent cases. Should Factuarea decide to discontinue the Service, it will give reasonable advance notice and refund the unused portion of the period already paid for.

Data can be extracted at any time, including before cancelling. The application allows you to export:

• Spreadsheets containing invoices and their line items, quotes, pro forma invoices, delivery notes, purchase invoices, clients, suppliers and products.
• The PDF of each document, individually or in bulk downloads.
• The Facturae XML of invoices, on the plans that include that feature.
• The account's data through the public API, for those who prefer to extract it programmatically.

Cancelling does not delete tax records, and cannot do so. The law requires documentation of tax relevance to be kept for four years (articles 29.4 and 66 of the Spanish General Tax Act), and billing records have their own retention period (Royal Decree 1007/2023). That is why an account that has issued invoices is cancelled but not deleted: tax data remains accessible for enquiries, exports and requests from the authorities for as long as that period runs.

Consequently, the right to erasure under article 17 GDPR is limited for as long as that legal retention obligation exists, as article 17(3)(b) GDPR itself provides. All other rights are exercised as explained in the privacy policy.

Even so, it is worth exporting your data before cancelling: that is the copy that lives outside the application, in a format anything can open.

The personal data of whoever takes out and uses the Service (account, billing and support data) is processed by Factuarea as data controller, on the terms of the privacy policy, which forms an integral part of these conditions.

As regards the personal data of third parties that the user enters into the application (their clients, suppliers or employees) the user is the data controller and Factuarea acts as processor, in accordance with article 28 GDPR. The terms of that processing arrangement (subject matter, duration, purpose, categories of data, obligations and sub-processors) are set out in the privacy policy.

The user warrants that they have a sufficient legal basis for entering that data into the application and having it processed there, and that they have informed the individuals concerned where the law so requires.

To the extent permitted by applicable law, Factuarea is not liable for:

• Indirect, incidental or consequential damage.
• Loss of profit or lost business opportunity.
• Loss of data not attributable to its own negligence.
• Harm arising from third-party outages, communication network failures or force majeure.
• Consequences of improper, unauthorised use or use contrary to these conditions.
• Errors in the content of documents, in their calculation or in their reporting where these stem from data entered by the user.

Factuarea's total aggregate liability is limited to the amount actually paid by the user during the twelve months preceding the event giving rise to it.

Nothing above excludes or limits liability that the law does not allow to be excluded, in particular liability arising from wilful misconduct, gross negligence, or death or personal injury.

Factuarea may amend these conditions to reflect legal, technical or Service-related changes. Substantial changes are notified to the registered email address or within the application, with reasonable notice before they take effect.

Using the Service from that date onwards constitutes acceptance. Anyone who does not accept them may cancel before they take effect; in that case the unused pro rata portion of the period already paid for is refunded. The date of the latest revision appears at the top of this page.

These conditions are governed by and construed in accordance with Spanish law.

Before going to court, the parties undertake to try to resolve any dispute amicably through direct contact at info@factuarea.com.

For anything not settled that way, the parties submit to the Courts and Tribunals of Madrid, waiving any other jurisdiction, unless the law imposes a different one. In particular, where the user has the legal status of a consumer, the court with jurisdiction is the one corresponding to their place of residence.

Anyone with consumer status may also take their complaint to the consumer authorities of their region. The European Commission's online dispute resolution platform ceased to operate following the repeal of Regulation (EU) 524/2013, so it is no longer an available route.

For any question about these conditions:

• Email: info@factuarea.com
• Telephone: +34 648 44 20 04
• Form: contact page

It is also worth reading the legal notice and the privacy policy, which complete these conditions.