Terms and conditions

These terms govern the use of the GestiFactura invoicing software, available at app.gestifactura.es (the “Service”). By creating an account or using the Service, you accept them.

This English version is a translation for information purposes. If it differs from the Spanish version, the Spanish version prevails.

1. Provider

The Service is provided by Aleksei Andrushchenko, NIE (tax ID) Y7671861H, Carrer de Sant Pere Més Alt 54, 08003 Barcelona (Spain), trading as GestiFactura (“GestiFactura”, “we” or “us”). Contact: [email protected].

2. Who can use the Service

The Service is intended exclusively for professionals and businesses: freelancers (autónomos), companies and other entities using it for their economic activity. By accepting these terms you declare that:

• you are at least 18 years old and have legal capacity to contract;
• you are acting in the course of your business or profession, and not as a consumer.

Consumer protection rules, including the right of withdrawal, therefore do not apply.

3. Account and access

• During the beta, accounts are created by invitation.
• You are responsible for keeping your password confidential and for all activity under your account.
• You can sign in with your Google account if its email matches your account’s email.
• Tell us without delay at [email protected] if you suspect unauthorized access.

4. The Service

GestiFactura is a tool to create, issue, store and manage invoices and other billing documents in line with Spanish regulations. The available features are those shown in your account at any given time.

We may improve, change or remove features. If a change substantially reduces the features of your paid plan, we will give you 30 days’ notice and you may cancel at no cost.

5. Beta

While the Service is in beta:

• it is free to use;
• features may change and there may be bugs or interruptions; we do not guarantee any specific level of availability;
• your data is kept when the beta ends.

We will email you at least 30 days before paid plans start. You can then choose a plan or close your account, at no cost either way.

6. Plans, limits and prices

Plans and prices are published at gestifactura.es. Prices exclude taxes: the applicable VAT is added on the invoice.

• Each plan includes a maximum number of invoices issued per calendar year (1 January to 31 December). The counter resets on 1 January.
• Once you reach the limit, you cannot issue new invoices until you move to a higher plan or the next year starts. You keep access to your invoices and can download them.
• You can change plans at any time. Upgrades apply immediately; downgrades apply at the start of the next billing period. We will show you the resulting amount before you confirm the change.

7. Payment, renewal and cancellation

• The subscription is paid monthly in advance through Stripe. It renews automatically every month until you cancel.
• We do not store your full card details.
• We will issue an invoice for each payment.
• You can cancel at any time from your account or by writing to us. Cancellation takes effect at the end of the period already paid, and you keep access until then.
• There are no refunds for periods already paid, including the unused part of a month.
• If a charge fails, we will notify you and retry. If it is still unpaid after 14 days, we may suspend the account (section 14).

Price changes

We will email you about any price increase at least 30 days in advance. If you do not agree, you can cancel before it applies. The new price applies from the first billing period after that notice period.

8. Your obligations

You agree to:

• use the Service in accordance with the law and these terms;
• enter truthful data and keep it up to date;
• have a legal basis to process the personal data of the customers and suppliers you enter, and inform them as the GDPR requires;
• not attempt to access other users’ data or non-public parts of the system, or to circumvent its technical or security limits;
• not reverse engineer the Service, overload it, or use it in an abusive automated way;
• not resell or transfer the Service to third parties without our written permission.

9. Responsibility for your invoices

GestiFactura is a tool: it is not a tax or accounting advisor and does not provide advice.

• You alone are responsible for the content of your invoices: customer data, descriptions, amounts, tax rates, VAT regime, withholdings and legal notes.
• You are also responsible for meeting your tax and accounting obligations, including keeping your invoices for the legal periods.
• The Service’s calculations are based on the data you enter. Review each invoice before issuing it. If you have tax questions, consult a professional.

10. VERI*FACTU and submission to the Spanish Tax Agency

When the Service offers submission of billing records to the Spanish Tax Agency (AEAT) in VERI*FACTU mode (Royal Decree 1007/2023 and Order HAC/1177/2024):

• by issuing each invoice you authorize us and grant us the power to submit the corresponding billing records on your behalf, under Article 92 of the Spanish General Tax Law and its implementing rules;
• submission is made with our electronic certificate;
• you can revoke this authorization in writing or by closing your account; from then on you must submit the records by other means;
• you remain the taxpayer and are responsible for the accuracy of the data submitted;
• the statement of conformity (declaración responsable) of the invoicing software will be available within the Service.

11. Third-party integrations

The Service may offer optional integrations with third-party services, such as Google Drive.

• Their use is also subject to that third party’s terms.
• You can disconnect them at any time.
• We are not responsible for how third-party services work.

12. Availability and support

We make reasonable efforts to keep the Service available and working correctly, but we do not guarantee it will be free of interruptions or errors. We may interrupt it for maintenance; where possible, we will give notice in advance. We provide support by email at [email protected].

13. Intellectual property and your data

The software, the design, the GestiFactura brand and the other elements of the Service belong to us or our licensors. We grant you a non-exclusive, non-transferable right to use the Service while your account exists.

The data and documents you enter are yours. We process them only to provide the Service, as described in the Privacy policy and the Annex to these terms.

14. Suspension and termination

• You can close your account at any time by emailing us from its address.
• We may suspend your account if a payment is still unpaid 14 days after it was due, or immediately if you seriously breach these terms or the law. While suspended, you can still download your invoices.
• If the breach continues, we may terminate the contract and will notify you by email.
• When the contract ends, for any reason, you will have 30 days to download your invoices. After that we delete your data, except data we must keep by law.

15. Limitation of liability

• Our total liability to you for any claim related to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or EUR 100, whichever is greater.
• We are not liable for indirect damages, loss of profit or business, or for penalties or surcharges resulting from data you entered or from obligations that are yours.
• Nothing above limits our liability for wilful misconduct or gross negligence (Art. 1102 of the Spanish Civil Code), or in any other case where the law does not allow it to be limited.

16. Data protection

We process your data as described in the Privacy policy. For the personal data of your customers and suppliers, we act as a data processor under the Annex, which forms part of these terms.

17. Changes to these terms

We may change these terms. If the change is significant, we will email you at least 30 days in advance. If you do not agree, you can cancel before it applies. If you keep using the Service after that date, you accept the new terms.

18. Governing law and jurisdiction

These terms are governed by Spanish law. For any dispute, the parties submit to the courts of Barcelona.

19. Final provisions

• If any clause is held invalid, the rest remain in force.
• Our failure to exercise a right does not waive it.
• The Spanish version prevails. The English translation is for information purposes.

Annex. Data processing agreement

This annex governs the processing of the personal data you enter into the Service about your customers, suppliers and their contact persons, under Article 28 GDPR. You are the controller and GestiFactura is the processor.

A.1. Subject matter, duration and purpose. GestiFactura processes that data only to provide the Service:

• hosting it;
• generating, storing and downloading invoices and other documents;
• submitting billing records to the AEAT;
• sending documents by email;
• exporting them to the integrations you enable.

The processing lasts as long as your contract.

A.2. Data and data subjects. Identification data (name, tax ID), contact data (email, address) and financial data of the invoiced transactions, of your customers, suppliers and their contact persons.

A.3. GestiFactura’s obligations. GestiFactura undertakes to:

1. process the data only on your documented instructions, which are these terms and your use of the Service, unless the law requires otherwise; in that case it will inform you, where the law allows;
2. ensure that persons authorized to process the data are bound by confidentiality;
3. apply the security measures of Article 32 GDPR described in the Privacy policy;
4. help you, as far as possible, respond to data subject requests and comply with Articles 32 to 36 GDPR;
5. notify you without undue delay, and in any case within 48 hours of becoming aware of it, of any security breach affecting the data;
6. when the contract ends, make the data available to you for download for 30 days and then delete it, unless the law requires it to be kept;
7. make available to you the information needed to demonstrate compliance with this annex and allow reasonable audits, with 30 days’ notice and at your expense.

A.4. Sub-processors. You give us general authorization to engage sub-processors. The current ones are listed in section 4 of the Privacy policy; for app data, they are the hosting provider (Oracle Cloud Infrastructure, Frankfurt region) and, once enabled, the email delivery provider.

• We will email you about any new sub-processor 30 days in advance. You may object on reasonable grounds and, if we cannot find a solution, cancel without penalty.
• We will impose the same data protection obligations on each sub-processor.

A.5. International transfers. We will only transfer data outside the European Economic Area with the safeguards of Chapter V GDPR.

A.6. Your obligations. As controller, you must:

• have a legal basis to process the data;
• inform the data subjects;
• give us instructions that comply with the law.

Submission to the AEAT and the recipients you instruct us to send documents to are processing operations you carry out through the Service.