Terms of Use

Previous Considerations

1 - These terms of service regulate the relationship established between Moloni Lda with the unique registration and tax identification number B-88239090, registered at the Madrid, which has its headquarters at, Pº de la Castellana 91, 4ª Planta - 1ª, 28046 Madrid, hereinafter referred to as Moloni Lda and the customer, duly identified with our company, hereinafter referred to as Customer in connection with the use of Moloni commercial invoicing and management software, produced by Moloni Software S. L., which also corresponds to a trademark that it uses commercially. The terms of service set forth herein are widely considered to be widely disseminated, and updated on the Moloni website, which can be accessed at www.moloni.es.

2 - By using the Moloni web service through your website, the mobile application or the POS terminal, the customer declares to be imputable and of legal age. In case the client is a company or institution, the user declares to be legally in representation of that one in the celebration of this contract. In both cases the use of the Moloni web service in the online platform represents the tacit acceptance of these terms of service. The subscription data must be complete and true and it is the responsibility of the user to update them whenever there is a change that changes them. The provision of information that may prove to be false may result in the immediate termination of the subscribed account without compensation for loss of data or refund of amounts paid and without prior notice to the user.

3 - The customer undertakes not to use the Moloni program's functionalities through its online platform to carry out any illegal activity or, if detected by Moloni Lda, to proceed to the complete elimination of the Moloni software utilization account without any kind of warning to the client, without this one being entitled to any type of compensation and without this one obtains right to any type of indemnification and also to report to the guardianship authorities all the necessary elements to the determination of possible criminal matter. The client undertakes to know the legal conditions of operation of all the activities for which Moloni is used as a billing tool, and the respective conditions of organization of the accounting / tax process. All information obtained from Moloni support should be considered as technical suggestions and verified with the user's accounting services or, if not available, directly with the Tax Authority.

Object

4 - These Terms of Service set forth the general conditions of supply of the Moloni software and its SaaS (Software as a Service / software as a service) and cloud (parallel computing system) access, which will henceforth be referred to as the Service , upon payment corresponding to the conditions contracted in the plans available at the time of subscription. The processing of said payment symbolizes the moment of conclusion of contract between the parties. The cloud operating model means that you must have an internet connection whenever you want to use the program and during the periods of use.

5 - The Service includes the use of a billing and commercial management software certified by the Tax Authority in its component of issuing binding fiscal documentation, always with the most updated and legally enforceable version. All documentation referenced as fiscally binding is digitally signed, corresponding to the legal definition of electronic billing and guaranteeing the authenticity of the data contained in the documents. The Client grants to Moloni Lda sufficient powers to digitally sign and on its behalf all commercial binding documentation issued by it being verified by the verification of the acceptance of the electronic invoice by the final customer.

6 - Moloni Lda may, at any time, change the conditions of the object of these terms of service and the subsequent use of the service by the Customer represents the acceptance of the changes introduced in the meantime.

Service Features

7 - The Customer will choose, at the time of subscription and through pre-formatted packages, called plans, the characteristics of the service to be provided as well as the timeframe in which the contracted service should take effect. You may upgrade or downgrade the subscribed services at any time.

8 - The first month of use of the service will be considered a trial period and will be free of charge. The period of free use ceases before thirty days of experience by communication of the Customer. The trial period will also enable the user to ensure that Moloni conforms to its specific case and Moloni Lda can not be called upon to make any specific software adjustments. Also included in this first month of use is the trial period provided for in the applicable legislation, of 14 days for the conclusion of distance contracts.

9 - The agreement that is hereby established is settled a priori, preferably by electronic payment (ATM or bank transfer) and is not automatically renewed, and a set of procedures, duly communicated by e-mail to the address provided by the customer at the time of subscription with the advance of 21 days, 7 days and the same day of expiration of the account, before the end of the valid cycle initially contracted. The contracted amounts are guaranteed up to the end of the contracted subscription cycle, and the renewal value is advertised on the website at the end-date of the contracted subscription cycle.

The use of Moloni assumes continuity in the payment from the activation of the account, which takes place 30 days after the date of registration and the first payment.

Whenever the period of inactivity in the account is equal to or greater than 6 months, the reactivation of the account will have a maximum cost of € 24.00 plus VAT at the legal rate in force.

The customer can forfeit the service whenever he deems it necessary, simply by not paying the service subscription, there is no obligation to stay or any grace period.

10 - Moloni Lda may change prices without notice to each customer, and these price changes have no retroactive effect, but will apply to subscription and renewal of services. These changes will be publicized on the Moloni website at www.moloni.pt.

11 - In order to terminate the contract, simply stop using the Moloni account.

12 - The Service may be suspended whenever there is a need to make upgrades or corrections to the service provided. These fixes and updates and the service failures that give rise to them form an integral part of the cloud software model and are fully subscribed by the customer. There will be no reimbursement to the Customer arising from these service failures and the Client accepts not to hold contractual or criminal responsibility for Moloni Lda for any damages arising therefrom.

13 - The data placed online is entirely the responsibility of the customer who assumes the risk for any losses due to communication problems between the installation or the device of the Client and the Moloni servers. For data conveniently loaded on the Moloni server, Moloni Ltd provides redundant and geographically distant backups performed several times a day.

14 - In view of the possible flaws announced in 13, the customer assumes the risk for service failures that can not be directly and demonstrably attributable to Moloni Lda. In addition to this risk, the client also assumes the risk of misuse or misuse of the credentials of access to the service which could result in data loss and account cancellation.

15 - Moloni Lda determines its intellectual property reservation of Moloni software to elements that are not loaded by the client in the application, referring specifically not only but also to elements of design and other visual elements, texts, code used in programming, etc. The Client may only use the mentioned elements and others with written authorization of Moloni Lda.

16 - The customer can not in any case request specific adaptations for the use of the service, since the Moloni marketing model provides for the provision as a service to a wide range of clients from a wide range of sectors. Moloni is made available under the condition "as is", that is to say with the characteristics / conditions made available at the time of subscription.

17 - In the event of the definitive termination of the service, Moloni Lda will forward this information to the Client, 30 days in advance, by notification to the e-mail provided at the time of subscription. Also for the e-mail provided at the time of subscription will be sent all the data contained in the account of the client at the time of definitive termination of service. in SAFT file format or XLS / CSV listing

18 - The Customer assumes all responsibilities of relationship with the Tax Administration for its productive / commercial activity and for the way it uses Moloni as a billing software, including but not limited to: payment of fees and taxes arising from billed amounts, fraudulent billing, etc. Moloni Lda can never be called upon to pay fees for activities performed by the Client, whether or not related to the use of Moloni.

19 - Except for the resale and affiliation agreements specifically entered into, the onerous or gratuitous assignment of the service subscribed to third parties is expressly prohibited.

Data

20 - For service structuring purposes, the use of each Moloni account is restricted to a single VAT (Value-added Tax Identification Number). Consequently, changing this identification element is only allowed in the initial phase of use, while the Moloni account has no documents issued or while it has not received any payment. From the occurrence of the actions identified in the previous point, all tax information produced is associated to the VAT number in use in the Moloni account, and it is not possible to change it. The need to use a new VAT determines the creation of a new Moloni account.

21 - Moloni Lda guarantees the security and privacy of all data entered correctly in Moloni. The data entered will be kept in a database in an inviolable environment, subject to the tightest controls and access restrictions. Only the technical staff of our company have access to the servers where Moloni software is hosted. The connection to Moloni is made through a security certificate with 256-bit encryption, which means that your data will always be protected from third parties.

22 - The Customer always has access to his Moloni account through a set of credentials that must be kept secure and updated. These credentials consist of the account registration e-mail address or another that will be associated with the Moloni account and a password that will be defined by the user and that can be retrieved through the e-mail address currently associated with the Moloni account.

If the user does not have access to an email address that allows them to retrieve the password, a verification can be made via postal service, to the physical address that appears on the permanent registry of certificate or on the certificate of commencement of activity. This postal verification will have a unit cost of €20 plus taxes, when applicable.

23 - The data requested at the time of subscription will only be used in the commercial relationship of Moloni Lda with the Customer and in no case will this data be provided to third parties. Also to this data is guaranteed access for updating and cancellation upon written request. It is within the scope of this relationship that Moloni Lda may send all customers registered in Moloni commercial information about more products of the company.

24 - Under the subscribed plan, Customer's data account may support more than one user. The subscriber client is responsible for granting access to the account of third-party users accredited by them, whether or not they are part of the subscriber.

25 - All Moloni servers are permanently monitored to guard against possible disasters and other disruptive events. Whenever there is a disruptive event that causes continuity problems, the previously collected backup data will be restored. The interval between the data collected and the data placed online will never exceed 24H. The Client accepts this interval between backups as an integral part of the service and declines to hold Moloni Lda civilly or criminally responsible for any loss of data in the space defined above.

26 - Whenever the contract is terminated for organic reasons, the user is guaranteed a maximum period of 90 days in order to be able to retrieve the information placed on the platform, at the end of which the data will be definitively eliminated.

Agreement on protection of data in the provision of the service (GDPR)

27 - Background and initial considerations

Moloni is committed to the protection of the personal data of its employees, customers, suppliers and other interested parties and to ensure its compliance with all relevant legislation, with particular emphasis on the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and the Council). As the main object of its operation, Moloni provides billing data processing services to companies and taxpayers of its customers, an activity that requires the collection of personal data of fiscal identification of the final customers of the companies with whom Moloni is directly related.

The Regulation referred to above defines obligations to be applied to data processing entities in order to define the areas of operation, to classify and classify the data collected and the purposes of treatment intended for such data, even requiring that service agreements between and the data processor be reduced in writing and constituted as a basis for it (recital 81 and paragraph 3 of Article 28 of the Regulation).

These terms of service define the information that regulates the relationship between Moloni and its customers' companies. For a better application of these terms of service we suggest you consult the related materials:

• Code of Ethics and Responsibility of Moloni employees;
• Privacy Information to be provided / sent to the holders of the personal data collected on the treatments that are made to them and on the exercise channels of ARCO rights (Access, Rectification, Cancellation and Opposition)

28 - Terms of Service of the GDPR Contract relating to the Data Processor

This agreement between Moloni and the companies / taxable persons of its customers is binding and constitutes a demonstration of the compliance of Moloni and its clients' companies with the GDPR with respect to the adoption of technical and organizational measures applied on the processing of data collected by the companies and processed by Moloni in the software that represents it and with which it operates in the market.

If the use of Moloni is done using the API - Application Programming Interface, Moloni does not control the personal data collected, and the application of GDPR is the sole responsibility of the user of this interface.

The following sections define the necessary information and terms that should be considered when providing Moloni billing service.

28 - Information to be specified:

28.1.1 - Object of service provision, classification of data and duration of processing.

Moloni processes personal data entered in billing operations, allowing the identification of the taxpayer of tax transactions before the Portuguese and foreign tax authorities and customs, depending on the nationality of taxable persons or their clients. Tax identification requirements are subject to inspection and inspection operations duly sanctioned and authorized by the competent authorities.

The deadlines for the maintenance of personal data collected for the purposes of tax identification are duly provided for in related legislation, in particular the articles of incorporation of the Corporate Income Tax Code and the Value Added Tax Code. The treatment done with the tax data is legitimated by these pieces of legislation, in terms of paragraph c) of no. 1 of article 6 of the GDPR.

In addition to the tax identification data, Moloni also collects contact data of customers and potential customers of its users' companies with the objective of providing assistance to the products marketed and services provided by the companies along with the objective of presenting proposals prospective commercials, collection legitimated by the provisions in paragraph f) of no. 1 of article 6 of the GDPR.

Under no circumstances will Moloni use the personal data collected in its clients' accounts to transfer them to third parties, either free of charge or on a costly basis.

28.1.2 - Sensitive Data

Whenever a Moloni client company makes use of the data collection fields provided in the software for the recording of special data as defined in Articles 8, 9 and 10 of the GDPR, it shall ensure the respective consent of the holder of the data or his / her legal representative, and identify, with Moloni, the data collected in the past so that specific monitoring measures can be applied to them by means of a specific form made available for this purpose.

29 - Treatment Instructions

Although the data processing options are previously defined in Moloni's operating characteristics, specifically in the typology of documents to be issued and the type of queries that the listings of these documents allow, as well as in the field of personal data to be filled, the application of the treatment options to the data set belonging to a certain Moloni client company is made by Moloni with the online data provided by the program.

Exceptionally, Moloni may substitute its customers for the processing of data provided that such treatment is included in the software support operations requested by the client companies. The previously mentioned assistance operations will always be carried out by technicians duly accredited by Moloni duly knowledgeable of the Code of Ethics and Responsibility of the employees of the company.

29.1 - Technical and organizational measures made available by Moloni under the GDPR.

In order to comply with data protection, Moloni has already adopted the following technical and organizational measures, pursuant to article 32 of the GDPR:

• Anonymisation (deletion of personal data) present in all Moloni accounts for all accesses that do not require their knowledge to fulfill the purpose of the access, as is the case of technical assistance operations;
• Daily, redundant, and geographically distant backups to ensure business continuity in the event of disruptive service failure. All backups are kept in company-controlled facilities and properly encrypted to prevent unauthorized access in case of loss;
• Implementation of a security certificate on the website that guarantees the reliability of the information shown https://www.moloni.pt;
• Access authentication system with 128-bit encryption;
• Use of own source code, duly updated according to the most demanding parameters of computer security.

Whenever during the course of its activity Moloni needs to subcontract services to persons or other companies, which contributes to a better fulfillment / execution of the billing service, Moloni hereby certifies, through inquiries, obtaining declarations and / or audit visits, that the supplier in question adopts, in turn, the technical and organizational measures necessary for the protection of personal data, within the scope of article 28 of the GDPR.

Following the best practices of "Privacy by Redesign", Moloni starts to include from May 25, 2018, the following tools, facilitating the exercise of the rights of the personal data holders, as a form of assistance to the controller in the scope of Chapter III of the GDPR:

• Display of "Privacy Notice" on the institutional website of the platform with possibility of compilation in an e-mail format that can be sent to the holder of the personal data;
• Form of compilation of all information of personal data in format of sending to the holder of personal data, when exercised the right of access to personal data;
• Form of rectification of personal data that allow its updating, unless this update obstructs other relevant legislation;
• Form of partial opposition to processing of personal data, with special emphasis on sending non-essential communications to the billing procedures and compliance with the respective rules;
• Form for the identification of personal data of sensitive or special character as described in articles 8, 9 and 10 of the GDPR;
• Form of communication of violation / adulteration of personal data;
• Inventory of personal data fields collected by the indication of the fields that are actually filled;

30 - Responsible for the Protection of Personal Data and final considerations

Moloni also undertakes to keep a detailed "log" record of all data processing operations that allow the control of access and actions taken on personal data.

If the person responsible for the treatment, that is, the client company of Moloni, verifies or is aware of any procedure of improper access, tampering, loss or any other form of violation of personal data, it must immediately communicate it to Moloni through the contacts of the person in charge of the following Personal Data Processing:

• Phone: 910 780 054
• E-mail: dpo@moloni.es

For more information on GDPR, see this link.

Technical support

31 - The technical support of the Moloni Lda service will preferably be provided in writing, by electronic mail. Support will always be provided free of charge and Moloni Lda reserves the right to classify technical support issues, depending on resolution priorities, or what belongs to this category of questions or not. The contacts for the provision of technical assistance are the e-mail soporte@moloni.es and also the telephone number 910 780 054. The provision of technical assistance will be carried out in the order of arrival of the requests to each of the channels of assistance and conditioned by the number of technicians available so you will have a greater conditioning outside the office hours (10.00H - 19.00H).

32 - All service stops that are motivated by technical issues provided for the correct operation of the service, or for its improvement, will be communicated to the customer whenever possible. The contents available in the spaces following a maintenance will always be the same as those that existed before the service stop, except for security breach or hardware failure, which will always be minimized to the minimum time interval defined in the Data section of these Terms of Service.

33 - The client undertakes to have sufficient knowledge to make requests for technical assistance, receive and interpret the corresponding responses through the means indicated for the provision of technical assistance to the Service, and in no case may the client request the presence of a technician for the assistance you request.

34 - Moloni Lda undertakes that no provision of assistance is left unanswered for a period longer than 24 hours. It is a condition for the rendering of assistance that the client is not a debtor or is in arrears with any payment.

35 - Moloni Lda is also obliged to replace all hardware components that prevent the good functioning of the service as soon as possible This procedure will have no additional cost either for the users users of the Service.

Conditioning to the provision of service

36 - The services contracted by this means can be canceled, suspended or eliminated if one or more of the following actions are verified:

a) Attempts to access other people's data;

b) Unannounced and unauthorized searches for possible Moloni software vulnerabilities and the hardware hosting it;

c) Intentional interference with good Moloni Service hardware and software service

37 - The customer is responsible for ensuring and safeguarding the correct use of third-party data. Whenever Moloni Lda receives information on the abuse of third party data by a customer, it automatically acquires the right to suspend the user account until verifying the veracity of the data received. If the abusive use occurs, Moloni Lda acquires the right to terminate the customer's account, without any right to any refund of the amounts paid and without it being entitled to any compensation for the loss of data and information.

38 - It is also prohibited to place any script that needs to assume the root of the servers, or that may interfere with the operation of the same. Likewise, the promotion of cracking, hacking or phishing is also prohibited.

39 - For the clarification of any doubt about these terms of service should be placed to soporte@moloni.es

Version 1.0, last updated: 08/30/2019