Terms and Conditions of Service

For the purposes of these Terms and Conditions of Service, hereinafter referred to as TCS, the terms identified in this clause shall have the following meaning:

"User" – means the individual, over eighteen years of age and with the necessary legal capacity, officially vested with powers of representation and contractual binding on behalf of their represented Company(ies), who accepts these Terms and Conditions of Service and registers their Company(ies) in the Fact.pt Service

"Company" – means the entity, normally corporate, or the legal person considered under the Tax Code and the Commercial Code in accordance with Portuguese Law, here represented by the User as the holder of full rights of representation and the conclusion of contractual bonds on behalf of this entity with third parties.

"Provider" – means the entity providing the fact.pt Service, designated as the legal person GoFact, Tecnologias de Informação, S.A., with address at Avenida João XXI, 627, 1st S1, 4715-035, Braga, Portugal.

"Registration" – means the process by which an individual, over eighteen years of age and with the necessary legal capacity may become a User;

"Fact.pt Service" – means the services provided electronically by the Provider and made available on the Internet at the generic electronic addresses www.fact.pt or ending in .fact.pt and throughout its community of partner sites, also hereinafter referred to as "Service", or simply "Fact.pt";

"Account" – Application layer of the Fact.pt Service, with information aggregates related to the Company or the User, uploaded by the User as officially vested with powers of representation and contractual binding of the entity they represent, whether their natural person or the represented legal person.

"Site" – the portal www.fact.pt, or any domain address ending in .fact.pt

Electronic Invoice – Commercial document issued in accordance with the law, by electronic or "dematerialised" means with the affixing of a digital signature;

Digital Certificate – Electronic file used to unequivocally identify a natural or legal person, issued by legally certified entities for this purpose.

Electronic signature – Individualised electronic process that makes known the authorship of a document identifying the holder as the author of the document, and allowing the detection of any subsequent alteration of its content. It constitutes the result of electronic data processing capable of constituting the object of individual and exclusive right and of being used to make known the authorship of an electronic document to which it is affixed.

Digital signature – Signature by electronic means with legal value, which replaces for all legal purposes the handwritten signature, generated by digital certificate, and which guarantees the authenticity of the content of the documents to which it is affixed. It corresponds to an electronic signing process based on an asymmetric cryptographic system composed of an algorithm or series of algorithms, whereby an exclusive and interdependent pair of asymmetric keys is generated, one private and the other public.

The Fact.pt service is governed by these Terms and Conditions of Service (hereinafter, "TCS" or "Terms"), as well as the respective Annexes indicated in number 13, which form an integral part of the TCS.

These TCS are incorporated into each individual service contract provided by the Provider to the User as well as to their represented Company(ies).

The current version of the TCS can be consulted at any time on the Internet at the address www.fact.pt/terms

The User, both personally and on behalf of their represented Company, declares that they have read, understood and fully accepted the clauses of these TCS, subjecting themselves to the contract with the Service Provider, governed by the current TCS;

The Provider reserves the right to make any type of changes to these TCS;

Changes to the TCS will be communicated via email or portal notification to Users, who have a period of 30 days to respond to the changes;

After this period, continued use of the Service by the User represents their full agreement and express consent to the changes made to the TCS;

During this period the user may express their disagreement, by deactivating their User Account and their Company Account(s), following the account deactivation steps available in the Settings section;

The User will always be guaranteed the possibility of terminating their registration before any changes come into force. In the event that in the thirty days following the publication of the changes the User does not express explicit intention to terminate their registration, they assume full agreement, understanding and acceptance of all changes made.

Violation of any of the conditions established in these TCS gives the Provider the right to close or suspend the account of the infringing User;

Any new feature that improves or enhances the current Service, including the launch of new tools and features, is subject to the conditions established in these TCS;

The user assumes their own risk in using the Service. The Service is provided "as is" and "as available".

Technical support is provided exclusively via email, or through the service's "Helpdesk" system, to Service Users. Telephone support is subject to costs as per our pricing.

The Provider uses suppliers to provision the hardware, software, networks, storage and related technologies necessary for the operation of the Service and all its components.

The User may not modify or adapt the Service Site, whether in part or in whole.

The service is provided online, so the Provider will not be responsible for any connectivity failure and consequently for the impossibility of its use by Users.

The Provider does not guarantee that the Service will meet the specific needs of the User.

The Provider does not guarantee that the service will be uninterrupted, timely, secure or error-free.

The Provider does not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

The Provider does not guarantee that the quality of products, services, information or other materials purchased or obtained by the User through the Service will meet their expectations.

The Provider does not guarantee that any errors in the service will be corrected.

Any individual wishing to become a User of the Service, in addition to affirming on their honour that they have read, understood and accepted all the TCS contained in this document, as an imperative and binding condition for their membership, guarantees that they meet the following requirements during the period of use of the Service:

1. 1.

   Be a citizen of a European Union member country;

2. 2.

   Be over 18 years of age;

3. 3.

   Have a valid tax identification number in the country of residence;

4. 4.

   Have a personal email address;

5. 5.

   Not already be the holder of another User account;

6. 6.

   Be officially vested with decision-making and management powers over themselves and the Company(ies) they wish to represent in this Service;

7. 7.

   Ensure the maintenance of correct and permanently updated identification information about themselves and their represented Company(ies).

In compliance with all the requirements and eligibility criteria of the User candidate, the Provider always reserves the uncontestable right to, at any time, refuse the registration of this candidate, without having to give prior notice or provide justification for the refusal of such registration.

With a view to accessing the Service, the Provider will make available to the interested party the possibility of using an email address as a Username and a password as a means of identification and access to their reserved area, these data being chosen by the User within the conditions established by the Provider. The Provider will not accept usernames that are not valid email addresses or addresses not held by the interested party.

In using the Service, the User undertakes not to adopt behaviour that infringes the current legal order, or that in any way harms interests or legally protected positions of other Users, as well as the Provider. Among others, the following actions are expressly prohibited:

1. 1.

   Sending messages or advertisements for illegal products or services or advertising content that is violent, provocative, offensive, racist, profane, obscene, likely to violate the privacy or other rights of third parties or that in any way could negatively affect the Service;

2. 2.

   Using an identity other than their own as a User, or falsifying or concealing in any way the User identity;

3. 3.

   Advertising in any way a computer program, artistic or literary work or any other work protected by copyright, without the express authorisation of the holder of the respective rights, when this is required by Law;

4. 4.

   Promoting or participating in pyramid schemes through the Service;

5. 5.

   Promoting or providing information or products or services involving illegal activities;

6. 6.

   Practice of competitive spamming, by sending messages promoting products and services equal or similar to those provided by the Provider;

7. 7.

   Practice of spamming, by sending messages in quantities exceeding what is expected by the limits of reasonableness in the exchange of messages derived from normal use of the Service features;

The User undertakes to observe all procedures indicated by the Provider for the correct use of the Service and to guide their conduct by high standards of seriousness, providing only true and updated information.

The User assumes their own risk in using this Service. The Service is provided "as is" and "as available".

The User may not use any computer program, mechanism or manual process to monitor or reproduce, in whole or in part, the content of the electronic pages of the Service, without the express authorisation of the Provider;

In the event that the User violates the Law or any of the Terms in these TCS, the Provider is not obliged to act, but reserves the right to block access to improper content or remove it, and to opt for immediate restriction or temporary suspension of the provision of the Service or for the immediate and definitive cessation of such provision and to terminate the respective contract.

In the event that any claims or complaints from third parties are made to the Provider regarding the conduct of another User in the context of using the Service, the Provider may question the User about the allegations made and take the measures it deems necessary to restore normality.

When the occurrences of the preceding paragraph occur, the User assumes full responsibility for their resolution, exempting the Provider from any obligations or indemnities towards the claimants.

The User account is personal and non-transferable.

The User must always ensure the provision of all elements necessary to confirm their identity, whenever requested by the Provider, when the User intends to subscribe to services and features that, by legal imperative, require it.

The User must always prove legitimacy to act on behalf of their company / the company they wish to configure on the Site.

The User must always ensure the provision of all elements necessary to confirm the identity of the Company(ies) they represent, whenever requested by the Provider.

The User is entirely responsible for all content inserted and all activity that occurs in their Account (even when the content is inserted by third parties who gain access to their account).

The User authorises the Provider to provide their data and the data of their companies to third parties (as long as in accordance with the privacy policy), when strictly necessary for the activation, contracting, sale of goods or provision of services provided by third parties that are incorporated in the portal.

When accessing third-party services within the portal, the User declares that they accept the conditions of supply and provision of services determined by the third party, made available in their direct channels of contact with the general public.

The User declares that they understand and agree that the Provider cannot be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, misuse, data or other intangible losses, resulting from their use of the Site, Service, or third-party products.

The User acknowledges that data circulating on the Internet is not protected against improper access, use and interception and that the communication of usernames or access passwords will be carried out under the full responsibility of the User.

The User undertakes to keep the Service access password confidential and may not use an access identification they do not own. The User assumes full responsibility for operations carried out through the use of such data, even by third parties.

The User may not reproduce, duplicate, copy, sell, resell or exploit any part of the Site, use of the Site, or access to the Site without express written permission from the Provider, under penalty of civil and criminal liability.

The User must adopt preventive measures and provide themselves with security guarantees, in order to avoid the transmission of any virus or worms or any code of a destructive nature.

The Provider does not assume any responsibility for the relationship between Users.

By the nature of the Service, the Provider is responsible for making the best effort to ensure the quality of the Service, promoting maintenance, monitoring and updating efforts that it deems necessary for the correct and legal functioning of the Service;

The Provider will not be responsible for losses resulting from failures or deficiencies of the Service or its maintenance operations, from any unforeseeable and insurmountable events, outside its will or control that prevent it, in whole or in part, definitively or temporarily, from fulfilling the obligations arising from the Service.

The Provider does not assume the obligation to monitor any activity carried out or any content transmitted during the use of the Service. However, the Provider reserves the right to carry out this monitoring, within the respective legal limitations and rules imposed by the General Data Protection Regulation.

Given that the Provider does not assume the obligation to monitor the content of data transmitted through the Service, the Provider cannot be held responsible for information, messages, content, correspondence or other types of data received by the User through the Service.

The Provider does not assume any responsibility resulting from an eventual violation of third-party rights, namely copyright over texts and images, which will be entirely assumed by the User responsible for their insertion in the Service.

Given the difficulty of confirming the identity of Internet users, the Provider is not responsible for the correct identification of Service Users. However, the Provider assumes the commitment to implement solutions aimed at raising the degree of accuracy regarding the identity data of Users and Companies.

The Provider does not assume any responsibility for the lack of any authorisations or licences, whenever the operations are subject to licences or any type of authorisation or registration.

The Provider does not assume any responsibility resulting from an eventual violation of the terms and conditions of service or sale of services and products made available, provided or marketed by third parties within the portal.

The Provider does not assume any responsibility resulting from failures, defects, incompatibilities, or simply the possibility that the products and services presented by third-party entities integrated in the portal do not correspond, in whole or in part, to the User's expectations.

The Provider reserves the right to advertise the Service.

The Provider will not be responsible, directly, indirectly, jointly or severally, for direct or indirect damages, consequential damages or loss of profits, caused to third parties by the non-performance or defective performance of the obligations assumed by the parties involved in the Service.

The Provider reserves the right to at any time modify or discontinue, temporarily or permanently, access to the Service, the site (or any part of them) with or without prior notice.

In the event that the Service or part of it is permanently discontinued, the Provider will notify the User with a minimum of 30 days' notice.

The Provider does not assume any responsibility resulting from the lack of legal capacity of Users for the full use of all the features and services of the Service.

The Provider assumes responsibility for providing an invoice issuance solution that is certified by the Tax Authority, strictly within the framework of the features it proposes in the context of invoice issuance. The Fact.pt Portal is certified invoicing software, not certified accounting software.

Any payment made to the Provider shall be made preferably by bank transfer, debit or credit card, Multibanco, Paypal, or other means made available by the Provider in the future.

Payments must always be made through the tool available within the application, by accessing Settings > Fact Account > Account Top-up, or by accessing the address: www.fact.pt/settings/account/payment.

In the event that one of the payment methods is not available, or is provisionally or permanently suspended, the Provider is hereby exempt from the obligation to provide alternative means of payment.

Payments will always be made in the name of the Company that the User represents, with their identity declared at the time of accessing the tool mentioned in the preceding paragraph.

Amounts paid will be reflected in the Account balance after successful collection. These may be immediately deducted from your account in the case of payment made to regularise pending amounts, or through direct subscription of service plans.

The Provider, upon verification of successful collection, within the legally established timeframes, will issue an Invoice for the amounts paid in the name of the subscribing entity.

Amounts paid will be available for use in services, features, improvements and applications made available within the Service that are not free of charge.

The use of services, features, applications and improvements that are not free of charge implies full acceptance of their specific conditions, where they exist, and unconditionally implies acceptance of the automatic debit of the announced usage costs.

All non-free features made available within the Service are subscribed on a prepayment basis, with the amounts subject to their use being debited upon activation, subscription, or first use of each feature.

The User may request a refund of the amount reflected in the Account Balance within 30 days following the day of its payment, without being asked to justify the return.

The returned amounts mentioned in the preceding paragraph will only be those reflected in the Available Balance; any amounts that have already been used for activation or enjoyment of other services are non-refundable.

All amounts debited to the Account Balance will be on a prepayment basis, by advance collection, and their refund, in whole or in part, will not be possible under any circumstances.

The User, either in their own name or on behalf of their Company(ies), assumes full responsibility for the payment of any fees, taxes or tax obligations, or other costs imposed by law that arise from their use of the Service.

All prices presented will be subject to VAT at the legally applicable rate, and do not include any fees, taxes or other obligations imposed by tax authorities, except in cases where their inclusion is expressly mentioned in the price presentation.

All prices presented cannot be reduced nor will they be subject to renegotiation with the Provider.

The user is solely responsible for the proper cancellation of their account. Cancellation can be made at any time through the Service's own website, by accessing Settings > Fact Account.

After the User cancels the Service, the account content will be immediately blocked.

By cancelling the Service, the user declares that they have their own physical archive of the content and documents inserted or generated by the Service.

For security reasons, all information placed by the User will be maintained, in a blocked state and without access permissions for other Users, for a period of 60 days after the request, except for the legal timeframes for retaining tax information.

During the period mentioned in the preceding paragraph, the User may recover access to their account by direct contact with the Provider, provided they have the appropriate means of identification. After this period, all information placed for cancellation will be permanently deleted and cannot be recovered.

The Provider reserves the right not to process the recovery of a cancelled account.

The Provider, at its sole discretion, has the right to suspend or close the account of any User and refuse any and all use of the Service, current or future, for any reason, at any time. The closure of the Service entails the deactivation and/or deletion of the user's Account.

The Provider reserves the right to refuse to provide the Service to any natural or legal person for any reason, at any time.

The Provider reserves the right, at any time and periodically, to modify or discontinue, temporarily or permanently, the Service (or any part of it) without prior notice or with 30 consecutive days' prior notice in the case of permanent discontinuation.

The Provider may discontinue the Service or part of it, whenever it detects the need to alter or correct it. The user expressly accepts that the Provider will automatically provide such corrections as part of the Service.

As part of the service, the Provider may also proceed with temporary discontinuations and modifications to the Service, resulting from software problem corrections, feature improvements, general improvements, or even completely new versions of the service.

Prices for all Services are subject to change with 30 days' prior notice. This notice may be provided at any time by posting the changes on the Site, via email, or in the Service itself.

The User or third parties may not hold the Provider responsible for any modification or change of prices, suspension or closure of the Service.

Unless expressly stated otherwise, all values are expressed in Euros.

The User is responsible for the payment of all commissions associated with the services used, as well as the respective applicable taxes and duties, when arising from currency conversion procedures.

All rights to the Service are reserved to the Provider. The User accepts that the Service contains protected and confidential information that is protected by applicable legislation.

The user may not duplicate, copy, reproduce, redistribute or reuse any part of the Site, Service or Account, or visual design elements or concepts without express written authorisation from the Provider, under penalty of civil and criminal liability.

The Provider does not claim intellectual property rights over the information that the User uploads to the Service.

The user may not use the image, content and information of the Service Site, nor modify another site, so as to falsely imply that it is associated with the Provider's Site.

The user may not reproduce, duplicate, copy, sell, resell or exploit any part of the Site, use of the Site, or access to the Site without the express written permission of the Provider, under penalty of civil and criminal liability.

The Names and Logos of entities or service providers integrated within this portal are the property of those entities, with the same restrictions applying to the user referred to in the two preceding points.

The provision of the Service is in conformity and in accordance with the provisions of the General Data Protection Regulation.

The user acknowledges and accepts that their personal data, or the data of the Company they represent, is processed by the Provider, as the data controller, for the purpose of providing the Service.

The processing of personal data is exclusively intended for the use of the Service as the User uses it, and in the absence of such data, the full or partial use of the Service may be prevented.

The user may at any time proceed to verify, consult, change, rectify or remove their data, or that of the Company(ies) they represent. To do so, they may preferably use the forms available in the Settings section.

The data provided by the User will not be made available to third parties for the purposes of Direct Marketing, except with the User's consent, expressed by acceptance of the use of additional services within the Site that imply such provision of data to third parties.

For all other cases, the conditions described in our Privacy Policy apply, as well as applicable legislation.

The User agrees to receive notifications related to the Service, including any changes to these TCS, to the email address associated with their registration.

To all matters not expressly regulated in these TCS, Portuguese Law shall apply. In the event of a dispute arising between the Provider and the User in the interpretation or application of these TCS, the Provider and the User agree that it shall be submitted to the exclusive jurisdiction of the Court of the District of Braga, with express waiver of any other.

The following annexes form an integral part of these TCS, for all legal purposes:

1. 1.

   Privacy Policy – www.fact.pt/privacy

2. 2.

   Cookie Policy – www.fact.pt/cookies

3. 3.

   Electronic Invoice – www.fact.pt/einvoice