These terms (the "Terms") govern the contracting and use of the FactuTPV service by customers located outside the European Union, provided by FactuTPV, LLC. Together with the Privacy Policy and the Billing entity notice, they constitute the entire agreement between the parties. By registering for or using the service you accept these Terms.
1. Provider identification
- Provider: FactuTPV, LLC (the "Company" or "FactuTPV").
- Entity type: Limited Liability Company of the State of Delaware (USA).
- EIN: 30-1487980. Delaware file number: 10560333.
- Registered agent: Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713 (USA).
- Email: support@factutpv.com. Domain: factutpv.com.
2. Scope
These Terms apply exclusively to customers whose country of operation is outside the European Union. Customers in the European Union contract with the Spanish entity identified in the Billing entity notice and are governed by that entity's Terms and Conditions. The service is intended for businesses and professionals (B2B use); it is not aimed at consumers.
3. The service
FactuTPV is a cloud (SaaS) point-of-sale (POS), invoicing and business-management application, including employee time tracking. The service is a technological support toolfor the Customer's operations.
The service does not constitute tax, accounting or legal advice, and does not guarantee compliance with the Customer's tax or regulatory obligations in their country.Spain-specific tax-compliance features are not enabled for customers outside the EU. It is the Customer's sole responsibility to determine and comply with the regulations applicable in their jurisdiction.
4. Registration and account
The Customer must provide accurate information and keep it up to date, and is responsible for the confidentiality of their credentials and for all activity carried out under their account. FactuTPV may suspend accounts with false data or uses that breach these Terms.
5. Plans, pricing and billing
- Currency: the subscription is charged in the local currency of the Customer's country (e.g. USD, MXN, COP, CLP, PEN or GBP); where no local currency is configured, in US dollars (USD).
- Taxes: prices are billed without European Union VAT. Any applicable local tax is calculated and handled by the payment gateway at the time of charge; unless stated otherwise, the price displayed is the final price.
- Automatic renewal: the subscription renews automatically for equal periods (monthly or annual, according to the plan contracted) using the registered payment method, until the Customer cancels it.
- Price changes: FactuTPV may change prices upon reasonable prior notice; new prices apply from the next renewal onwards.
- Non-payment: non-payment may result in suspension or termination of the service.
6. Free trial
FactuTPV may offer a free trial period. When the trial ends, if the Customer takes out the subscription, billing begins according to the chosen plan. Sales or transactions carried out in trial mode have no tax validity.
7. Cancellation and termination
The Customer may cancel at any time from their account or by writing to support@factutpv.com; cancellation takes effect at the end of the current billing period and does not give rise to a refund of periods already started, unless applicable law provides otherwise. FactuTPV may terminate the service for breach of these Terms. Following termination, the Customer may export their data for a reasonable period, after which it may be deleted.
8. Acceptable use
The Customer undertakes not to use the service for unlawful purposes, not to infringe third-party rights, not to attempt unauthorised access to the systems, and not to overload, interfere with or reverse-engineer the service except to the extent permitted by law.
9. Customer data and intellectual property
The Customer retains ownership of the data they enter. FactuTPV retains all intellectual property rights in the software and the platform, and grants the Customer a limited, non-exclusive and non-transferable licence to use it while the subscription is in force. The processing of personal data is governed by the Privacy Policy.
10. Service availability
FactuTPV strives to maintain high availability, but the service is provided "as is" and may suffer interruptions due to maintenance, technical causes or force majeure. FactuTPV does not guarantee 100% uninterrupted availability.
11. Warranties and limitation of liability
To the maximum extent permitted by law, FactuTPV disclaims all implied warranties of merchantability or fitness for a particular purpose. FactuTPV shall not be liable for indirect or incidental damages or loss of profit. FactuTPV's total aggregate liability arising from the service is limited to the amount actually paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnity
The Customer shall hold FactuTPV harmless against third-party claims arising from the Customer's use of the service in breach of these Terms or of applicable regulations.
13. Changes
FactuTPV may amend these Terms upon notice by reasonable means. Continued use of the service after the changes take effect constitutes acceptance of them.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware (USA), without prejudice to any mandatory protective rules that may apply in the Customer's country. The parties shall seek to resolve any dispute in good faith; failing that, they submit to the competent courts of the State of Delaware.
15. Language of the agreement
These Terms are drafted and executed in English, which is the language of the agreement. FactuTPV may provide translations into other languages for information only; such translations have no contractual effect. In the event of any discrepancy or difference of interpretation between the English version and any translation, the English version prevails. This is without prejudice to any mandatory language requirements that may apply in the Customer's country.
16. Contact
Support: support@factutpv.com. Legal and contractual matters: contact@factutpv.com.
An informative Spanish translation of these Terms is available at Términos y Condiciones (traducción al español). It does not prevail over this English version (see section 15).
Customers in the European Union are governed by the Spanish entity's Terms and Conditions. See the Billing entity notice.