Terms and Conditions of use

Welcome to Finlai. These Terms and Conditions of Use (hereinafter, the “T&C”) constitute a legally binding contract between you (hereinafter, the “User” or the “Client”) and FINLAI SOFTWARE FISCAL, S.L. (hereinafter, “Finlai”) governing the access to, registration on, use and contracting of the “Finlai” financial, document, tax and invoicing management platform (hereinafter, the “Platform”).

Accessing, registering on and using the Platform confers the status of User and implies the reading, understanding and full and unreserved acceptance of all the provisions included in these T&C, as well as of the Privacy Policy, which is deemed incorporated into them. Acceptance takes place by ticking the corresponding box or by effectively registering on the Platform, which constitutes valid consent and proof of contracting in accordance with art. 23 et seq. of Ley 34/2002 (Spanish E-Commerce Act, “LSSI-CE”). If you do not agree with all of these T&C, you must refrain from using the Platform.

Scope: Finlai is aimed at self-employed professionals (autónomos), professionals and small businesses in Spain that manage their taxes, accounting, invoicing and, where applicable, employment obligations through the Platform, combining technological functionalities with professional human tax advisory services where these are contracted.

The Platform is owned by FINLAI SOFTWARE FISCAL, S.L., with registered office at C/ Serrano Anguita 13, Hub Barceló, 28004, Madrid, with Tax ID (NIF): B88869128, and contact e-mail address: support@finlai.es.

The relationship between Finlai and the User is governed, among others, by the following regulations:

• Ley 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Spanish E-Commerce Act, “LSSI-CE”).
• Real Decreto Legislativo 1/2007, of 16 November, approving the consolidated text of the General Act for the Protection of Consumers and Users (Spanish Consumer Protection Act, “TRLGDCU”).
• Ley 7/1998, of 13 April, on General Contracting Conditions (Spanish Standard Terms of Contract Act).
• Ley 58/2003, of 17 December, General Tax Act (Spanish General Tax Act), and other applicable tax and Social Security regulations.
• Ley 11/2021, of 9 July, on measures to prevent and combat tax fraud (Spanish Anti-Tax-Fraud Act), and its implementing regulations governing computerised invoicing systems (Verifactu).
• Regulation (EU) 2016/679 (GDPR) and Ley Orgánica 3/2018 (Spanish Data Protection Act, “LOPDGDD”) on data protection.
• Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, as transposed into Spanish law.

These T&C govern the access to, registration on, use and contracting of Finlai. Depending on the Plan contracted and the availability of the service, Finlai may include:

The User undertakes to use the Platform diligently and in accordance with the law, morality and public order, and in particular undertakes to:

• Not impersonate third parties.
• Not enter false, incomplete or inaccurate data in the forms, documents or returns managed through the Platform.
• Hold sufficient authorisation or legal basis when incorporating data of third parties (customers, suppliers, advisors, employees) into the Platform, and inform them in accordance with data protection regulations.
• Deliver tax, employment and accounting information and documentation in a complete and truthful manner and sufficiently in advance to allow its processing and timely filing.
• Review and validate the automatically generated readings, classifications, suggestions and drafts before confirming them, issuing them or transmitting them to third parties or to the tax authorities.
• Not use the Platform for unlawful or fraudulent purposes or purposes that infringe the rights of Finlai or of third parties.
• Not perform acts of reverse engineering, decompile or disassemble the Platform's software.
• Not use automated means (robots, scrapers, etc.) to access, monitor or extract data from the Platform without Finlai's express written authorisation.
• Not resell, sublicense or make the Platform available to third parties outside their own organisation without Finlai's express authorisation.

Breach of these obligations will entitle Finlai to take the appropriate measures, including suspension of the service and the claiming of any applicable damages.

Invoice drafts generated on the Platform do not constitute legally issued invoices. Before issuing an invoice, the Client must review the issuer, recipient, line items, amounts, taxes, withholdings, series and numbering. Once issued, the invoice may be locked against ordinary edits; any correction, annulment or rectification must be carried out in accordance with the applicable regulations (by means of a corrective invoice where applicable).

Where Finlai's invoicing service is used as a computerised invoicing system subject to Verifactu, Finlai will apply the available technical measures to meet the requirements applicable to the system, including the generation of complete, traceable and unalterable invoicing records, and their submission to the AEAT where applicable. The Client will remain responsible for reviewing the data on their invoices and for retaining the documentation required of them under the regulations applicable to their activity.

Finlai is marketed through recurring subscription plans (Esencial, Gold, Premium and Empresas, or others that may be offered), whose economic conditions, functionalities and usage limits are displayed before contracting. Unless otherwise indicated, prices are displayed exclusive of VAT. The subscription will renew automatically for successive periods equal to the one contracted, unless cancelled before the renewal in accordance with clause 9.

Finlai may change the price of the Plans with at least thirty (30) days' notice before the next renewal, notifying the Client. If the Client does not accept the new price, they may cancel their subscription before it takes effect, without penalty.

Payment will be managed through an external payment provider, Stripe. The User authorises the charges associated with the contracted Plan, its renewals, plan changes and applicable taxes. If the amount due includes fees of third-party collaborating professionals (clause 6.5), Finlai will indicate this clearly and transparently before charging it.

The Client may cancel their subscription from the Platform or by requesting it at support@finlai.es. Cancellation prevents future renewals, but does not entail an automatic refund for periods already started, unless there is a legal obligation, a specific offer or an express agreement.

In the event of non-payment, Finlai may limit, suspend or cancel access to the paid functionalities, upon reasonable prior notice to the Client, without prejudice to retaining the data necessary to comply with legal obligations or address claims. Finlai will provide the Client, for a reasonable period after the suspension, with the possibility of exporting their Content before proceeding to its permanent deletion.

Where the Client has the legal status of a consumer, they may be entitled to the right of withdrawal under the terms provided by the applicable regulations. This right may be excluded or extinguished where the digital service or content begins with the Client's express consent and the legal requirements for this are met.

Where the Client acts as a business, professional, self-employed professional (autónomo) or company in the course of their activity, the consumer withdrawal regime will not apply, unless expressly agreed otherwise.

Finlai is the owner or legitimate licensee of all intellectual and industrial property rights over the Platform, its source code, design, navigation structure, databases, texts, graphics, logos and other elements that make it up.

Finlai grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to use the Platform during the contractual relationship and in accordance with the contracted Plan, for the sole purpose of enjoying the services described in these T&C.

The Client retains ownership of their own data and Content, and authorises Finlai to host, handle and process it to the extent necessary to provide the contracted service. Upon termination of the contractual relationship, the Client may request the export of their Content in a commonly used format for a period of thirty (30) days from deregistration, after which Finlai may proceed to its deletion in accordance with the retention periods indicated in the Privacy Policy.

Any form of reproduction, distribution, public communication, transformation or any other act of exploitation of the Platform's contents not expressly authorised by Finlai is strictly prohibited.

Both parties undertake to maintain the confidentiality of all non-public information to which they have access as a result of the contractual relationship, including tax, financial and commercial information, and not to disclose it to third parties except where there is a legal obligation, express authorisation from the other party, or where strictly necessary for the provision of the service in accordance with these T&C. This obligation will remain in force during the contractual relationship and after its termination.

The Platform may contain links to or integrations with third-party websites or services (for example, bank aggregation, payment or electronic invoicing providers). Finlai does not control and assumes no liability whatsoever for the content, privacy policies or practices of such third parties. The User acknowledges and accepts that the use of these services is governed by the terms and conditions of their respective providers. Finlai will inform the Client of relevant changes in such providers where they may significantly affect the service.

The processing of the User's personal data is governed by the provisions of our Privacy Policy, which forms an integral part of these T&C. Where Finlai processes data of the Client's third parties on the Client's behalf, the data processor regime described in that Policy will apply.

Finlai will only send commercial communications (e-mails, notifications) if it has the User's prior and express consent or under its legitimate interest in offering similar services to existing clients. The User may revoke such consent at any time through the mechanisms provided in the Platform itself, in each communication, or by sending an e-mail to support@finlai.es.

Unless these T&C indicate otherwise, communications between Finlai and the User will be made through the Platform or the e-mail address provided at registration, and will be deemed validly received for the purposes of these T&C. It is the User's responsibility to keep their contact details up to date.

Finlai may assign or transfer its contractual position, in whole or in part, in the context of a corporate restructuring, merger, acquisition or transfer of assets, guaranteeing the continuity of the service and complying with the applicable regulations, and informing the Client of any relevant change in the party responsible for providing the service. The User may not assign their contractual position without Finlai's prior written consent.

Finlai reserves the right to amend these T&C. Any substantial amendment will be notified to the User at least thirty (30) days before it enters into force, through the Platform or by e-mail. If the User does not agree with the new conditions, they may terminate the contract by deregistering from the service before the amendment enters into force, without penalty. Continued use of the Platform after the notification will imply acceptance of the amendments.

These T&C will enter into force at the moment of their acceptance by the User and will remain in force indefinitely. The User may terminate the contract and request deregistration from the service at any time, without cost or penalty beyond the fees already accrued, through the Platform or by contacting support@finlai.es.