1. CONTRACTING PARTIES
1.1. EXACCTA SERVICIOS DIGITALES, S.L. (hereinafter, "Exaccta")
Tax Identification Number (NIF): B10653327
Registered Address: Calle Castelló 23, 28001, Madrid, Spain. Contact Email: contact@exaccta.com
1.2. THE USER (hereinafter, "User")
Natural or legal person who uses the Exaccta application and services.
The User is identified and accepts these terms by completing the registration process in the Application.
2. PURPOSE AND ACCEPTANCE
This document (hereinafter, "Terms and Conditions") regulates the access to and use of the Exaccta mobile application and web services (hereinafter, the "Application" or the "Services") offered by Exaccta to the User.
Downloading, installing, accessing, or using the Application implies full and unreserved acceptance by the User of these Terms and Conditions, as well as Exaccta's Privacy Policy, which is available at https://web.exaccta.com/en/static/privacidad. If the User does not agree with these Terms and Conditions, they should not use the Application.
3. DESCRIPTION OF EXACCTA SERVICES
3.1. Main Components:
Exaccta's Services are composed of the following elements:
3.1.1. Mobile Applications (EXACCTA Apps):
Applications for mobile devices (smartphones and tablets) available on different platforms (App Store, Google Play Store, etc.).
Main Functionality: Capture of images of invoices and receipts using the device's camera.
Automatic and real-time Optical Character Recognition (OCR) for extracting relevant data. Management of extracted information from images (viewing, editing, categorization). Operability with and without internet connection (subsequent synchronization when connectivity is available).
3.1.2. Exaccta Web Services Servers:
Server infrastructure for bidirectional data synchronization between Mobile Applications and the centralized database. Management of information captured by Users and secure storage of documents.
3.1.3. Exaccta Web Portal:
Web interface accessible through browsers for consulting and managing synchronized information. Reporting, analysis, and data export functionalities. Private area for each User with secure access through credentials.
3.2. Service Segments:
The Application is designed for different user segments and needs:
3.2.1. Expense Recording for Business Expense Reports:
Oriented towards companies and employees for the management and control of corporate expenses.
Generation of automated expense report statements. Approval and management workflows for companies.
3.2.2. Invoice and Receipt Recording for Self-Employed Individuals:
Focused on self-employed professionals in direct estimation for the management of their accounting.
Facilitates the generation of relevant information for tax models.
3.2.3. Income and Expense Recording for Household Finances:
Aimed at private users for the control of personal finances and family budgets.
3.3. Technology and Security:
Exaccta uses advanced technologies and proprietary algorithms to:
Simplify the capture, recording, and consultation of information. Maximize the security and confidentiality of User data.
3.4. Multi-Device Use:
The Application allows multi-device use. The same User can:
Capture images from multiple devices (smartphones, tablets) simultaneously with the same user account.
Access and manage their information from any of the devices linked to their account, as well as from the Web Portal.
3.5. Data Capture Process:
The information management process begins exclusively with the capture of invoices and receipts using the Mobile Application's camera. PDF files and images captured on the mobile and stored in the gallery or camera roll can also be attached.
4. REGISTRATION AND USER ACCOUNT
4.1. Basic Registration:
To use the Application, the User must complete a basic registration process:
4.1.1. Registration Process:
Download and installation of the Application on the mobile device.
Provide a valid email address and create an access password.
Validation of the email address through the verification link sent by Exaccta.
4.1.2. Registration Methods:
Registration can be done through the Web Portal. Users designated as system administrators will have sufficient privileges to register new users.
4.1.3. Account Access:
Once registered, the User can access their account and data both through the Mobile Application and the Web Portal.
4.2. Linked Device Management:
The User can link multiple mobile devices to the same account:
4.2.1. Device Linking:
To link devices, the same login (email address and password) must be used on all devices.
All documents captured from different devices will be synchronized and stored in the same User account.
4.2.2. Unified Access:
The User can manage their account and data in a unified manner from any of the linked devices and from the Web Portal.
5. APPLICATION CONFIGURATION AND FUNCTIONALITIES
5.1. General Configuration:
The Application offers configuration options customizable by the User:
5.1.1. Synchronization:
• Permanent Synchronization: Automatic real-time synchronization through mobile networks (WiFi, 3G, 4G, 5G...) or WiFi. Allows immediate access to all Application functionalities.
• WiFi Synchronization: Synchronization only when the mobile device detects a WiFi network previously configured by the User. Captured data is stored locally on the device until WiFi connection.
5.1.2. Image Capture Mode:
• Photography: Capture images directly from the Application's camera for real-time OCR processing.
• Gallery + Photo: Allows selecting images previously stored in the mobile device's gallery for later processing from the Application, simulating real-time capture.
• Attach PDF: Allows selecting PDF documents stored in the mobile device's memory.
5.2. Specific Services and Applications:
Exaccta offers different specific applications and services:
5.2.1. EXACCTA XPENS:
Application for generating business expense reports.
Designed for employees and companies for the management and reporting of travel and representation expenses.
Allows the creation of automated expense reports and the management of the approval workflow by the company.
Custom configuration and parameterization options for companies (upon request).
5.2.2. Integrated Swan Payment Cards:
Integration with Swan payment cards for payment and expense management. (See section 6 for Specific Conditions for Swan Cards).
6. SPECIFIC CONDITIONS FOR INTEGRATED SWAN PAYMENT CARDS
The following clauses are exclusively applicable to the use of payment cards provided by Swan, a collaborating entity of Exaccta for the integration of payment services.
6.1. Issuance and Operation of Swan Cards:
6.1.1. Card Provider: The User acknowledges that the payment cards are issued and operated by Swan, a simplified joint-stock company (SAS) with registered address at 95 avenue du Président Wilson, 93100, Montreuil, France, and registered in the Commercial Registry under number 853 827 103, as an electronic money institution authorized and supervised by the Autorité de contrôle prudentiel et de résolution (ACPR). Exaccta acts as a facilitator of the integration.
6.1.2. Relationship with Swan: By using Swan cards, the User establishes a direct contractual relationship with Swan for the provision of payment services, in addition to their relationship with Exaccta for the use of the Application.
6.1.3. Swan Terms and Conditions: The use of Swan cards is subject to the general terms and conditions of use of the Swan account, established by Swan. The User is recommended to review and accept these terms before using the cards. These terms are independent of these Exaccta Terms and Conditions.
6.2. Functionalities Facilitated by Exaccta (Application Interface):
Exaccta facilitates the management and use of Swan cards through its interface, mobile or web as the case may be, including (depending on the available functionality):
6.2.1. Consultation of balance and transactions of the Swan account.
6.2.2. Request for Swan cards.
6.2.3. Preparation of transfer orders and direct debits.
6.2.4. Preparation of internal direct debits (between Swan users).
6.2.5. Invalidation of operations (transfers, debits, card payments) according to the terms of use of Swan and Exaccta.
6.2.6. Loading funds into the Swan account by payment card.
6.2.7. Request for refund of the Swan account balance.
6.2.8. Transmission of requests to dispute payment transactions.
6.3. Responsibility and Limitations Swan Cards:
6.3.1. Swan's Responsibility: Swan is the final provider of payment services and responsible for the correct execution of operations and functioning of the Swan account.
6.3.2. Exaccta's Role as Facilitator: Exaccta acts as a facilitator for the integration of Swan cards and communication between the User and Swan through its platform. Exaccta does not assume direct responsibility for failures in Swan's payment platform, errors in Swan transactions, or disputes related to Swan cards, beyond its role as intermediary/integrator with its systems.
6.3.3. Service Availability: Exaccta will strive to ensure the availability and integration of Swan's payment services. However, Exaccta does not guarantee uninterrupted availability of the service and will not be responsible for interruptions or failures in Swan's payment service beyond its reasonable control.
6.4. Data and Privacy Swan Cards:
6.4.1. Data Sharing with Swan: The User expressly consents that for the operation of Swan cards and the provision of associated services, Exaccta must share certain User information with Swan, including personal and transactional data, in accordance with the privacy policies of Exaccta and Swan.
6.4.2. Swan Privacy Policy: The processing of personal data by Swan will be governed by Swan's privacy policy, which the User must consult and accept if applicable.
6.5. Dispute Resolution Swan Cards:
6.5.1. Initial Contact with Exaccta: In case of controversy or incident related to payment operations with the Swan card through the Application, the User must initially contact Exaccta's customer service.
6.5.2. Escalation to Swan: Exaccta will act as an intermediary to escalate the dispute to Swan, who will manage the claim according to its procedures and terms and conditions. The final decision on the dispute will rest with Swan, in accordance with its policies and applicable regulations.
7. SECURITY OF PROCESSED IMAGES AND HOMOLOGATION
7.1. Approval by the Spanish Tax Agency (Agencia Tributaria):
EXACCTA XPENS is approved by the Spanish Tax Agency (nº ref. CA08DC03222638BA) in accordance with the Resolution of October 24, 2007, on the approval of digitization software (art. 7 Order EHA/962/2007).
7.2. Secure Storage of Images:
All images of receipts and invoices captured by the User are stored both on the mobile device and in the User's private web environment.
Images stored in the private web environment are digitally signed by Exaccta.
7.3. Legal Validity of Digitized Images (Spain and other countries with homologation):
In countries where homologation exists, such as Spain, digitized images digitally signed by Exaccta may have legal and tax validity, exempting the User from the obligation to keep the original paper documents (consult the specific regulations of each country).
7.4. Access to Images After Service Termination:
After service termination, the User will have access to their images and data stored in the Web Portal for a period of 3 months. During this period, the User can download their data in ZIP format.
7.5. Image Security Process:
The security process implemented by Exaccta for captured images is as follows:
1. Capture: The User captures a document (receipt or invoice) with the mobile device's camera.
2. Normalization and Metadata: The image is automatically normalized and metadata necessary for homologation is generated (according to applicable regulations).
3. OCR Processing and Data Extraction: The image is processed by OCR for automatic data extraction. The Application displays the extracted data for validation by the User.
4. Validation and Generation of Entries: The User validates the extracted data. Automatic accounting entries are generated according to the User's tax profile.
5. Storage and Synchronization: Data is stored on the mobile device and automatically synchronized with Exaccta's servers via secure HTTPS connection.
6. Integrity Verification and Digital Signature: Exaccta's server verifies the validity and integrity of the image. Metadata and Exaccta's digital signature are incorporated into the image.
7. Private Web Portal: The User accesses their private Web Portal using their credentials to consult all their stored information, including images, metadata, digital signature, and integrity status. Allows document searches and management.
8. Periodic Closures and Closing Files: Regular database closures are performed (at the client's request or automatically on fiscal closing dates). Closing files are generated containing information, documents, and digital signatures.
9. Access to Closing Files: Closing files are accessible to the User through the Web Portal at all times.
8. CONDITIONS OF SERVICE USE
8.1. Usage Rules:
The User agrees to use the Mobile Application, the Web Portal, and their contents and services in accordance with the law, morality, public order, and these Terms and Conditions. The User is obliged to make proper use of the Services and content, and not to use them for illegal activities or that infringe the rights of third parties.
Including but not limited to, the User undertakes not to:
8.1.1. Introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or violating human rights.
8.1.2. Introduce or disseminate computer viruses or malicious software that may damage the computer systems of Exaccta, its suppliers, or third-party users.
8.1.3. Disseminate, transmit, or make available to third parties information, elements, or content that violate fundamental rights and public freedoms recognized constitutionally and in international treaties.
8.1.4. Disseminate, transmit, or make available to third parties illegal or unfair advertising. 8.1.5. Transmit unsolicited or unauthorized advertising, advertising material, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation.
8.1.6. Introduce or disseminate false, ambiguous, or inaccurate information or content that misleads third parties.
8.1.7. Impersonate the identity of other Users using their registration keys.
8.1.8. Disseminate, transmit, or make available to third parties content that infringes intellectual and industrial property rights, patents, trademarks, or copyrights of Exaccta or third parties.
8.1.9. Disseminate, transmit, or make available to third parties content that constitutes a violation of the secrecy of communications and personal data protection legislation.
The User is obliged to hold Exaccta harmless against any claim, fine, sanction, or penalty that may arise from the User's breach of the usage rules indicated herein. Exaccta reserves the right to request compensation for damages that correspond.
8.2. Technical Maintenance:
Exaccta will act diligently to maintain the Mobile Application and the Web Portal in reasonable conditions of accessibility and continuity, in accordance with market standards.
Exaccta will make reasonable efforts to resolve any technical problems in the shortest possible time, taking into account its resources and the availability of its maintenance and hosting service providers.
The User can contact Exaccta's technical support via support@exaccta.com during office hours (working days).
Each communication will generate an internal support ticket that will be communicated to the User by email for follow-up.
8.3. Liability and Disclaimer of Warranties:
Exaccta does not guarantee the constant updating of the content of the Application or the Web Portal, nor the accuracy or completeness of the information published. The User must verify the information before making decisions based on it.
Exaccta will provide the services with diligence and professionalism but will not be liable for deficiencies in the services attributable to fault or negligence of Exaccta, limiting liability to the amount paid by the User for the service. In no case will Exaccta be liable for indirect damages, loss of profit, consequential damages, or opportunity costs.
Exaccta does not guarantee:
• That the captured images faithfully reflect the original content of the document.
• That the holder of the captured documents is the User.
• That the captured documents are considered deductible expenses or deductible VAT, being the User's responsibility to verify compliance with the tax regulations applicable to their activity.
The Application is an autonomous management tool for the User. Exaccta does not offer technical-legal, tax, or accounting advice.
The User is responsible for the truthfulness and accuracy of the information captured and validated through the Application.
Exaccta does not guarantee the absence of viruses, worms, or harmful computer elements in the Application or the Web Portal. It is the User's responsibility to have adequate computer security tools.
Exaccta is not responsible for damages caused to the User's or third parties' software and computer equipment during the use of the Application or the Web Portal.
Exaccta is not responsible for damages or losses caused by failures or disconnections in telecommunications networks that interrupt the service.
8.4. Hosting:
Due to the nature of web hosting services and possible unforeseeable contingencies (network problems, server failures, etc.), Exaccta cannot guarantee the continuous and uninterrupted availability of the Services during the term of the contract.
Exaccta will not be liable for damages that may be caused to the User or third parties as a result of interference, network failures, or failures in computer or telematics systems used.
Exaccta will not be liable for delays, deficiencies, crashes, or network overloads that affect the execution of queries or operations, nor for damages that may arise from deficiencies in Exaccta's suppliers' services, illegitimate intrusions by third parties, or computer viruses.
9. PRICES, BILLING AND PAYMENT
9.1. Prices and Subscription:
The download of Exaccta Mobile Applications is free.
Access to Exaccta services and functionalities requires the payment of a usage license through subscription.
Subscription service prices are those indicated in the particular contracts with each client, or in the Legal Information on Exaccta's corporate website www.exaccta.com.
9.2. Subscription and Payment Methods:
Services are offered under an annual subscription modality, however, payment can be periodic (monthly, quarterly, four-monthly, semi-annual, or annual, according to the contracted conditions).
Accepted payment methods: bank transfer, direct debit, online payment gateways through the Web Portal, and in some cases, through the application download marketplace.
Billing will be carried out with the periodicity corresponding to the contracted subscription.
9.3. Subscription Cancellation:
The User can cancel the subscription at any time, respecting the notice period contractually established to terminate the service.
Upon canceling the subscription, the option to capture new images through the Application will be blocked.
The User will retain access to their data stored on the device and in the Web Portal during the active subscription period and for 3 additional months after termination.
9.4. Data Access After Service Termination:
After service termination and for a period of 3 months, the User may access their data stored in the Web Portal.
After 3 months from termination, Exaccta will generate quarterly or annual ZIP files with the User's data and send them by email or any other means provided by the user to the address provided in the registration.
Exaccta will not maintain User records once the ZIP files have been sent and 3 months have elapsed since service termination.
10. PRICE REVISION
Service prices are fixed, regardless of the volume of images processed, except as indicated in this section.
Exaccta reserves the right to modify the prices of the contracted services, notifying the User in advance. In case of price modification exceeding the CPI (Consumer Price Index) increase due to substantial variations in service costs, Exaccta will notify the User by email of the new price proposal.
The User may accept the new prices or terminate the service contract.
11. DURATION AND TERMINATION OF THE CONTRACT
11.1. Entry into Force:
The contract will enter into force at the time of acceptance of these Terms and Conditions by the User and the commencement of the provision of services.
11.2. Duration:
Exaccta's services will remain in force as long as the User maintains an active subscription and makes the corresponding payments.
11.3. Automatic Renewal:
Subscriptions will be automatically renewed for periods equal to the initial subscription period, unless non-renewal is communicated by the User at least 60 days prior to the expiration date or in case of non-payment by the User.
11.4. Termination for Breach:
Exaccta may terminate the contract early in case of breach by the User of these Terms and Conditions.
12. PARTIAL INVALIDITY
If any clause of these Terms and Conditions is declared null or ineffective, such nullity or ineffectiveness will only affect the provision or part of it that is null or ineffective, the rest of the Terms and Conditions remaining in force in all other respects. The null or ineffective clause shall be deemed as not included.
13. PERSONAL DATA PROTECTION
13.1. Consent for Data Processing:
The User gives their express consent for the collection and processing of their personal data by Exaccta, necessary for the provision of the Services.
13.2. Privacy Policy:
The User declares to know and accept Exaccta's Privacy Policy, available at https://web.exaccta.com/en/static/privacidad, which details the processing of personal data, the purpose, the legal basis, the recipients, and the User's rights regarding data protection.
13.3. Confidentiality and Security:
Exaccta guarantees the confidentiality of the User's personal data and will adopt the necessary technical and organizational security measures to guarantee its protection, in accordance with current regulations on data protection, including the General Data Protection Regulation (GDPR) and Spanish Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
13.4. User Rights:
The User may exercise their rights of access, rectification, erasure, restriction of processing, opposition, and portability of their personal data, as well as the right to withdraw the consent given, by written communication addressed to:
Departamento de Administración, C/Castelló, 23 - 28001 Madrid
Email: gdpr@exaccta.com
14. USE OF COOKIES
14.1. Cookies:
Exaccta may use its own or third-party cookies during the User's navigation through the Web Portal and the Application. Cookies are files sent to the browser in order to record the User's activity during their navigation.
14.2. Purpose of Cookies:
The cookies used are only associated with an anonymous User and their computer, and do not provide personal data of the User by themselves. They are used to:
• Facilitate User navigation (remember registered users, access to restricted areas without login on each visit).
• Measure audience and traffic parameters.
• Control progress and number of entries.
14.3. Cookie Settings:
The User has the possibility to configure their browser to be warned of the reception of cookies and to prevent their installation. Consult the instructions and manuals of your browser for more information.
14.4. Cookies Not Mandatory:
It is not necessary for the User to allow the installation of cookies to use the Web Portal or the Application, although it may be necessary to log in to each service that requires prior registration.
14.5. Automatically Collected Information:
When browsing the Web Portal, the server automatically records the IP address of the User's computer, the start and end date and time of the visit, and the sections consulted. This information is necessary for communication and correct display of content in the User's browser.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
15.1. Applicable Law:
These Terms and Conditions shall be governed by and construed in accordance with Spanish law.
15.2. Competent Jurisdiction:
For the resolution of any dispute that may arise in relation to the interpretation or fulfillment of these Terms and Conditions, Exaccta and the User submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain, expressly waiving any other jurisdiction that may correspond to them, unless the law imperatively establishes another jurisdiction.
16. CUSTOMER SUPPORT SERVICE
16.1. Customer Support Channels:
Exaccta provides the User with the following customer support channels:
Phone: +34 911 923 669 (office hours, working days).
Email: support@exaccta.com (24 hours a day, 7 days a week).
16.2. Customer Service Hours:
Business Hours: Monday to Thursday from 9:00 AM to 6:30 PM and Friday from 9:00 AM to 3:00 PM (except national holidays).
Summer Hours (July and August): Monday to Friday from 8:00 AM to 3:00 PM (except national holidays).
17. COMMERCIAL COMMUNICATIONS
17.1. Acceptance of Commercial Communications:
The User expressly agrees to receive notifications about Exaccta updates and commercial information related to Exaccta or its partners at their email address.
17.2. Opt-out of Commercial Communications:
The User may unsubscribe from these commercial communications at any time, directly through the "Unsubscribe from commercial communications" link included in each commercial communication email.
