By means of this document, FACTO INC, and on the other hand, the "client" which corresponds to the natural or legal person using the "FACTO" software, hereinafter simply referred to as "FACTO," agree to the execution of a service provision contract, which shall be governed by the following clauses. The use of the FACTO system by the client implies acceptance of the terms of use of this document.
For the purpose of easy comprehension by all our clients, the most important points of the service conditions are as follows, which are further detailed in the subsequent clauses:
FACTO is a web platform for business management, issuance, and receipt of tax documents. Its use is FREE, meaning there are no installation or monthly maintenance charges, for the features described in the "Free Basic Service" section.
There are additional services such as monthly or annual plans, training, integrations, online payment system, phone support, complementary software, etc., which may incur a cost for the client. These services will always be communicated in advance and will be entirely optional for the client with the understanding that access to their features will necessarily be associated with a payment.
The data you enter into FACTO is private and entirely your property; we will not distribute it or make any use of it that has not been requested.
The use of FACTO implies acceptance of this contract.
This contract will come into effect upon the client's registration in Facto and will remain in force until either party terminates it according to the specified termination conditions.
The FACTO software is a business management solution that includes processes for issuing and receiving invoices and tax documents, cash flow management, warehouse and inventory management, electronic invoicing, generation of quotes and their tracking, management of multiple users, among other features. This service will be free of charge, without implying any installation or maintenance costs for the client.
In addition to the free service, other services will be offered by FACTO or associated companies, which may or may not incur a cost. These services can be freely contracted by the client according to their needs. They may include, among others, training sessions, telephone support, integrations, design, collection, advertising, etc. These services may have their own terms and conditions.
By accepting this contract, you declare that you are of legal age according to the law of the state in which you reside, and that, in the case of legal entities, you have the necessary legal representation to accept this contract.
FACTO INC. is committed to continuously maintaining the FACTO platform, carrying out its backup, updating, maintenance, and monitoring, providing a service with a high degree of quality and reliability, except for periods of scheduled maintenance informed in advance to the client according to the "Updates" and "Communications" clauses.
This point excludes force majeure reasons such as earthquakes, natural disasters, fiber optic cuts, outages of national or international internet providers, etc., which are beyond the control of FACTO INC.
While FACTO INC will work for the reliability of the platform, it does not assume responsibility for the direct or indirect losses that the client may incur during periods when the service is not available or when it presents errors or technical problems.
All communications regarding FACTO will be informed to the client via email, telephone, or SMS; for this reason, the client undertakes to keep updated contact information.
If the contact information becomes invalid and the client cannot be contacted within a period of 30 days, this contract will be considered null, constituting grounds for termination of the service, according to the "Termination of Service" clause.
If you unsubscribe from our mailing list, you will not receive communications regarding updates or other relevant messages.
The official channels of FACTO are understood to be in Spanish
Emails and forms available at https://www.facto.ai/
Facebook: FACTO - Automatiza tus ventas
Instagram: https://www.instagram.com/facto_oficial/
Linkedin: https://www.linkedin.com/company/facto.
FACTO SpA will offer the following differentiated customer support channels as a service, support via email that is available for all FACTO clients, including the free plan. All times are in EST (Eastern Time Zone).
Technical Support via email for all FACTO clients: Weekdays from 9:30 am to 6:30 pm, Saturdays from 9:30 am to 3:30 pm, via email.
Hiring of additional services: Weekdays from 9:30 am to 6:30 pm, Saturdays from 10:00 am to 2:00 pm, through the online support system or email.
Administration and finance: Weekdays from 9:30 am to 6:30 pm, through the online support system or email.
FACTO Inc will keep a record of all communications made with the client, including emails, chats, phone calls, or others, with the aim of monitoring and improving the quality of service.
FACTO Inc is committed to maintaining a respectful and cordial relationship with our clients. Likewise, our clients should maintain the same quality of treatment towards our staff.
Periodic improvements will be made to FACTO at no cost to the client in order to keep the system up to date with new technologies. Notifications will be sent when these improvements are made. The planning of these improvements will be decided by FACTO INC according to the established criteria.
On the other hand, customized developments will be made for paying clients according to specific requirements or needs, which will be previously evaluated and quoted, according to the "Optional Paid Services" clause.
The FACTO sales automation platform service in its basic version will be free of charge, with no installation or maintenance costs. Additionally, there are complementary paid services, which will have a determined value but will not, in any case, be a condition to continue receiving the free service indicated in the "Free Basic Service" clause.
FACTO's additional and complementary services may correspond to monthly, yearly, transactional, and/or one-time payments. These payments are segmented by size, industry, or other parameters that FACTO INC may determine. All these payments will be published at https://www.facto.ai/, and it will be the contractor's responsibility to be aware of them and provide accurate information that allows for proper segmentation.
FACTO reserves the right to make price modifications, rate calculations, and changes to all its products' features. The aforementioned changes will be duly notified to the client through FACTO's official channels. The contractor's continued use of the FACTO software and its features implies acceptance of the applied changes.
The free basic service includes:
Recording of tax documents issued both on paper and electronically. Through FACTO, you can enter either just the general data of the invoice such as the issuer, recipient, and amounts, or also keep track of the complete details, facilitating the tracking of sales made and the user who made the entries.
Recording of tax documents received both on paper and electronically. Including tracking of purchases and payments to suppliers.
The technical support service and assistance for clients using the Free Basic Service is via email at [email protected].
Know precisely and immediately the payments you have received from your customers and the payments made to your suppliers, indicating the date, amounts, and outstanding balances. Additionally, use the unpaid tax document search to quickly obtain your list of delinquent customers or your list of unpaid accounts.
Facilitate the management of your treasury by defining cash boxes and bank accounts where you can centralize incoming and outgoing funds and tax documents. Obtain a detailed account of movements by date, balances, and cash closings, including the user who performed them and any discrepancies.
Maintain a clear view of the products you have available in your warehouses, including the exact location of each of them, and automatically update your available stock by entering each purchase or sale into the system by choosing the correct SKU in each tax document.
FACTO organizes all the tracking of a potential sale under the concept of "business opportunity," quickly showing the generated quotes, registered observations and comments, information on previous sales and customer contacts, and sales invoices when the sale is completed. Keep track of the status of the business opportunities your salespeople are handling, the number of days that have passed since the client initiated contact, and the percentage of success in closing deals.
Provide better tools to your salespeople to increase sales by displaying promotions directly on the sales screen along with the potential savings for your customer. Define promotions based on the products the customer is purchasing or the quantities of products. This does not include integrations with third-party websites or software.
Thanks to the powerful database design, obtain the information you need quickly and efficiently. Some reports you can obtain are:
Merchandise purchases and sales
Best-selling products
Most consulted products
Collection and payments
Sales by user
Track in detail each business opportunity and each generated tax document, including contacts made with the client, important comments regarding collections, observations, or others, and use the alert feature to inform your team members of important events that have occurred.
Other paid services will be offered to the client with the aim of improving their experience. These services may include, among others:
Training sessions
Access to API for communication with other systems
Mobile application features
E-commerce features
Other electronic tax documents that are not part of the free feature
Phone technical support
Hardware and/or complementary devices for the use of FACTO software, including barcode scanner, Android devices, terminal printers, or others that will be subject to previously published stock and prices.
Such services will have their own conditions independent of this contract.
For paid services, including add-ons, developments, or others, the warranty period will be 30 consecutive days from the issuance of the invoice or electronic tax document that validates the purchase.
Regarding hardware and/or devices, the warranty will be 3 consecutive months from the issuance of the invoice or electronic tax document that validates the purchase. The warranty will be valid only if the device has a factory defect and retains the entire original packaging without damage. These devices are for the exclusive use of the FACTO platform services. In the event that the use of the device for platforms other than FACTO is detected, damage due to customer handling, misconfiguration, impact, or misuse, this warranty will be void.
To make the warranty valid, the customer must:
Write to [email protected] including the tax document of purchase, which can be the number and type of tax document or a copy of it, and explaining the problem, in order to receive support. Other equipment data may be requested if necessary.
Collaborate in solving the problem, if required by the FACTO support team, provide facilities to remotely check the equipment via video call or another alternative.
Only if the support team indicates, the customer must send the equipment to the requested address, including the following elements WITHOUT damage, just as the equipment originally came: the device, the original box, the screen protective film, the charger and cables, the manual, any other element that came included in the original box.
At the time of receiving the equipment or activating the service in the client's FACTO account, this implies acceptance of the terms of use and this warranty policy. FACTO Inc is not responsible for subsequent returns or returns in conditions different from those indicated above.
The client may pay through the means provided by FACTO Inc to make the payment of the corresponding invoices and/or purchases from the website.
In the event of default in the payment of paid services, FACTO Inc may partially or totally suspend or terminate the service, according to the "Termination clauses," which does not limit FACTO Inc from additionally publishing this default in the financial system.
The client's disaffiliation from the FACTO service or its suspension due to default does not exempt the client from paying the outstanding invoicing.
The possibility of quoting and using services offered by third parties will be included within the FACTO platform. All these services will be governed by their own terms of use, which will be informed at the time of contracting, and their costs, if any, will be borne by the client. Support for such services will be provided by the third parties that provide them under the conditions they establish.
In the case of services offered by third parties that do not correspond to the official channels of FACTO, described in the "Communications" clause, the client may inquire whether the third party corresponds to an active alliance, partner, or collaborator in our commercial offer.
The client may use a personal account to access the FACTO platform. For this, they must create an account with accurate and complete information. The client cannot create or use another person's account without authorization. The client is responsible for not disclosing their access data to third parties, keeping them strictly confidential. Any action taken using the client's account will be the client's own responsibility, so the proper use of the account is essential.
The client may create accounts for their employees, identifying their personal data, roles, and permissions. The client will be responsible for correctly assigning access permissions and ensuring the proper use of their accounts and passwords.
For the purposes of personal data, this contract will be governed by ensuring the protection of privacy, especially to authorize FACTO Inc. to use personal data collected through the provision of FACTO services.
For this, FACTO INC is subject to the following rules:
a) Processing of personal data: any operation or set of operations or technical procedures, whether automated or not, that allow for the collection, storage, recording, organization, preparation, selection, extraction, comparison, interconnection, disassociation, communication, transfer, transmission, or cancellation of personal data, or their use in any other way.
b) Personal data: those relating to any information concerning identified or identifiable natural persons.
c) Responsible for the record or database: The company responsible for decisions related to the processing of personal data. In this case, it will be FACTO Inc.
d) User: a natural person to whom personal data refers, who voluntarily registers and opens an account on the FACTO platform.
FACTO Inc ensures the care of personal data of users who register as such and use the products indicated here.
Without prejudice to its legal powers, FACTO Inc will process personal data that has been voluntarily provided by Users in the registration for our products and/or the creation of accounts.
Data entered in mandatory fields of any form will be deemed to have been voluntarily provided by the user.
The personal data of users will be used for the fulfillment of functions inherent to the FACTO platform, always within its commercial scope and without exceeding US legislation or the provisions of this contract.
The personal data that users enter will be subject to collection, storage, recording, organization, preparation, selection, extraction, comparison, interconnection, disassociation, communication, transfer, transmission, cancellation, and any other form of use by FACTO Inc, for the purpose of providing the defined service and no other purposes.
The basic free service falls within the following usage limits:
| Number of registered users | No limit |
| Number of generated and stored tax documents | No limit (with a maximum database space limit) |
| Usage time limit | No limit |
| Maximum number of users operating simultaneously | 50 users |
| Amount of disk space used in the database, images, and other files | 1,000 Mb |
| Amount of monthly data traffic | 10,000 Mb |
| Maximum monthly billing amount | 50,000 USD |
FACTO Inc may disable the client's account if they exceed the indicated limits or if they perform a usage that causes disruptions in the normal operation of the network and/or degrades the service quality by more than 10 requests per second or by a file load greater than 1Mb/second.
FACTO Inc will generate periodic statistics of the global use of FACTO, including the number of user companies, their sizes and industries, or other consolidated data, in order to disclose the use of its system. The customer agrees to be part of this statistic, which will not include any personal or private data.
FACTO's advertising on the Internet or in different media may include mentions of user companies. The customer accepts, as part of the service, to allow the use of their name and logo mentioning the company as a user. In no case will this information include personal or private data.
FACTO INC may develop promotions that encourage the use of one or several features or services, which may include discounts on their value, discount coupons for payers, incentives for referrals, or others that FACTO Inc defines in the future. Each of these promotions will be communicated with their respective attached conditions.
FACTO includes the possibility of downloading in Excel or XML format in the case of electronic billing, the published information of customers, suppliers, inventory, and billing in its FACTO system. The client may download the information whenever required without exceeding the maximum download limits imposed by the platform.
Any data or material delivered by the Client to FACTO Inc, or uploaded manually or automatically to FACTO, including sales data, contact, billing, images, graphics, sounds, logos, slogans, etc., is the property of the Client, and its use by FACTO Inc for any purpose other than regulated in this contract and under strict confidentiality is prohibited. The customer's customer lists and sales and purchase information are also the exclusive property of the client, which will be safeguarded in strict confidence by FACTO Inc.
The entire FACTO platform, including the source code, database models, management systems, system architecture, graphic design, and other software components, are the exclusive property of FACTO Inc, protected under intellectual and industrial property regulations. The customer may not attempt to obtain, download, reverse engineer, or appropriate any of these components.
The Customer is responsible for any type of claim that may arise from third parties claiming intellectual or industrial property rights regarding the data uploaded by the customer. The Customer shall indemnify FACTO Inc for any damages or losses that may arise from such claims.
The contract may be terminated for the following reasons:
Termination or mutual agreement between the parties.
Force majeure that prevents the provision of the contracted service.
Causes attributable to the client.
For the purposes of this contract, the following shall be considered as serious breaches attributable to the Client:
Failure to comply with the client's obligations, including usage limits.
If the contact and ownership data provided for the platform are false or invalid.
If it is a legal entity and the company is dissolved.
For illegal or fraudulent use of the advertised services.
Illicit activities such as scams, money laundering, or other crimes.
Promotion and/or sponsorship of terrorist activities.
If optional paid services are contracted but not paid within the defined deadlines.
Inactivity of the account for a period of 90 days, including not accessing the platform or issuing tax documents.
In these cases, FACTO Inc may temporarily or permanently suspend the service to the client immediately.
In the event that FACTO Inc decides to terminate this contract for its own reasons, communication will be sent via email 30 days prior to the suspension.
Termination of the contract does not imply the full or partial refund of payments made for paid services, nor does it imply indemnification.
In the event of termination, the client must download their information in accordance with the "Information Download" clause.
The client may request the termination of the service at any time by contacting FACTO Inc, during the hours and through the means defined in the "Customer Service" clause. The requested terminations take a period of 15 business days to be processed and must be exclusively via email to [email protected]. During this period, the client may cancel this termination. Once the termination is completed, for security purposes, the information in their account will be permanently deleted, and it will be necessary to create a new account to use the service again.
FACTO Inc will provide a daily backup service for all published information. This backup will be performed between 1am and 5am EST. In the event of technical problems or data loss, the service will be restored using the most recent backup. For additional security, FACTO Inc will keep a copy of the last 3 backups made.
FACTO Inc will not be responsible for or provide compensation for any losses or expenses incurred by the client in the need to restore a previous backup.
This contract may undergo modifications over time due to improvements and updates to the FACTO software made by FACTO Inc. These modifications will be communicated to the client in advance of their implementation. The continued use of the FACTO service or the absence of objection to the communication of the change implies acceptance of the changes made. This change will be communicated according to what is indicated in the "Communications" clause.
For all purposes arising from this agreement, the parties establish their domicile in the city of Miami, Florida, USA, and expressly submit to the jurisdiction of its ordinary courts of justice.
FACTO Inc will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits and data, tax injury, personal injury, or property damage, or damages relating to, or in connection with, the use or misuse of the services offered by FACTO Inc, even if FACTO Inc has been advised of the possibility of such damages. FACTO Inc will also not be liable for any damage, liability, or loss arising from: (a) use or reliance on the FACTO platform services or the user's inability to access or use the services; (b) Any transaction or relationship between the user and any third-party provider, even if FACTO Inc has been advised of the possibility of such damages, especially but not limited to, tax liability matters.
The user may use the FACTO platform services, either for free or using paid services, for business management, issuance, and receipt of Electronic Tax Documents; however, the user agrees that FACTO Inc has no liability to the user for any unauthorized third-party intrusions into sensitive company information or hacker activities.
The limitations and waiver in this section are not intended to limit liability or alter the user's rights as a consumer that cannot be excluded under current US law.
It is noted that through the online acceptance and subsequent use of the service, the client declares to have read, understood, and accepted the conditions of this contract, products, services, and its annexes, as established in this document, the preceding ones, and the following ones.
In the case of companies, the representative declares to have the powers and authorizations to legally represent the client and accept this contract.
The use of FACTO implies an acceptance of this contract and its service conditions.