Fattura Smart Terms and Conditions of Use

1. Definitions

1.1. "Service"

The Fattura Smart web application provided by Fraway S.r.l. a socio unico.

1.2. "User"

The natural or legal person who uses the Service.

1.3. "Agreement"

These Terms and Conditions of Use.

2. Acceptance of Terms

By using Fattura Smart, the User fully accepts these Terms and Conditions. Please read this document carefully before using the Service. If you do not accept these terms, please do not use the Service.

3. Subject of the Agreement

This Agreement governs the User's access to and use of the Service, including the functionalities for creating, sending, and receiving electronic invoices through the SDI (Sistema di Interscambio - Italian Exchange System).

3-bis. Included and Excluded Services

3-bis.1. Included Services

The Service includes:

Unlimited creation and sending of electronic invoices to SDI
Receipt of incoming invoices via recipient code
Digital signature of invoices
Unlimited client and product database management
Credit note issuance
Automatic payment reminders
Dashboard and reporting
Multi-user access (collaborators and accountant)
Data export in PDF, Excel, CSV, and XML formats
Daily automatic data backups
Sistema Tessera Sanitaria (Healthcare System) integration for healthcare professionals
Customer support via email and chat

3-bis.2. Excluded Services

The Service does NOT include, and the User expressly acknowledges:

Legal digital preservation (conservazione sostitutiva): Fattura Smart does not provide legally compliant digital preservation services as defined by the CAD (Digital Administration Code) and related AgID guidelines. The User is responsible for independently arranging legally compliant preservation of their electronic invoices, either through an accredited preservation provider or by using the free service offered by the Italian Revenue Agency (Agenzia delle Entrate).
Certified Email (PEC): The Service does not provide PEC mailboxes. The User must independently obtain a PEC address if required for their business activities.
Tax or accounting advice: Fattura Smart is a software tool and does not provide professional advice on tax, fiscal, or accounting matters.
Fiscal compliance guarantee: The User remains solely responsible for the accuracy of entered data and the compliance of issued invoices with applicable regulations.

4. Registration and User Account

4.1. To use the Service, the User must register by providing accurate and complete information.
4.2. The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account.
4.3. Using another User's account without explicit authorization is prohibited.

5. Licenses and Subscriptions

The Service is intended exclusively for professional users (B2B), meaning natural or legal persons acting in the exercise of their business, commercial, artisan, or professional activity. It is not intended for consumers as defined by Italian Consumer Code (D.Lgs. 206/2005).

The following license type is available:

Annual License: Automatic renewal every year at a cost of €19.99 + VAT.

6. Fees and Payment Methods

6.1. Payments are processed through LemonSqueezy, which accepts credit cards, Google Pay, and Apple Pay.
6.2. All payments must be made within the established timeframes to avoid service interruption.
6.3. Fraway S.r.l. reserves the right to modify prices; any changes will be communicated to the User with reasonable advance notice.

7. Renewal and Cancellation Policies

7.1. For annual licenses, if payment is not received within 5 days of the expiration date, the account will be suspended.
7.2. A reminder email will be sent to the User before the Service is suspended.
7.3. The User may cancel their license at any time, but no refunds are provided for unused periods.

8. Terms of Use

8.1. The User agrees to use the Service in compliance with applicable laws and these Terms and Conditions.
8.2. Using the Service for illegal or unauthorized purposes is prohibited.
8.3. The User is responsible for the accuracy and truthfulness of information entered and sent to the SDI.
8.4. Interfering with the Service's operation or attempting to access unauthorized systems is prohibited.

8-bis. Sistema Tessera Sanitaria (Healthcare System)

For Users who utilize the Sistema Tessera Sanitaria submission feature, the following additional conditions apply:

8-bis.1. The User is solely responsible for correctly configuring their Sistema TS credentials (tax code, password, and pincode) within the Service.
8-bis.2. The User is responsible for correctly indicating the patient's opposition flag regarding data transmission to Sistema TS, in compliance with healthcare privacy regulations.
8-bis.3. Fattura Smart automatically transmits data to Sistema TS on behalf of the User, but does not guarantee acceptance of the data by Sistema TS, which depends on the accuracy of information entered by the User.
8-bis.4. In case of errors reported by Sistema TS, the Service will automatically attempt a new submission. The User is nonetheless required to verify submission outcomes and correct any persistent errors.
8-bis.5. The User remains solely responsible for compliance with submission deadlines established by applicable regulations.
8-bis.6. Fraway S.r.l. is not responsible for penalties, fines, or damages arising from failed or incorrect transmissions to Sistema TS caused by errors in data entered by the User, malfunctions of Sistema TS itself, or delays in data entry by the User.

8-ter. Multi-user Access

The Service allows the account holder to grant access to collaborators and professionals (e.g., accountants) with different permission levels:

8-ter.1. The account holder is responsible for managing access and permissions granted to their collaborators.
8-ter.2. The account holder is responsible for all actions performed by users to whom they have granted access.
8-ter.3. Accountant access is included free of charge and allows viewing and exporting of accounting data.
8-ter.4. Upon termination of a relationship with a collaborator, the account holder must promptly revoke the relevant access permissions.

9. Service Availability and Disclaimer of Warranties

9.1. Fraway S.r.l. commits to providing the Service continuously without interruptions but does not guarantee the complete absence of errors or interruptions.
9.2. In case of scheduled maintenance or updates, the User will be informed with reasonable advance notice.
9.3. The Service is provided "AS IS" and "AS AVAILABLE". Fraway S.r.l. makes no warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will meet the User's specific requirements.
9.4. The User acknowledges that use of the Service is at their own risk and that it is their sole responsibility to verify that the Service is suitable for their operational, fiscal, and regulatory needs.

9-bis. Digital Signature

9-bis.1. The Service applies an electronic signature to electronic invoices on behalf of the User, as required by Italian electronic invoicing regulations.
9-bis.2. The User is solely responsible for verifying that the type of signature used by the Service is adequate and compliant with their specific regulatory and contractual requirements.
9-bis.3. Fraway S.r.l. does not guarantee that the applied signature is suitable for purposes other than transmission of invoices to the SDI, such as signing contracts or other legal documents.

10. Limitation of Liability

10.1. Fraway S.r.l. shall not be liable for any direct, indirect, incidental, or consequential damages arising from:
- Service interruptions or malfunctions.
- Errors in communication with the SDI, regardless of the cause.
- Sending invoices with incorrect data. The User is responsible for verifying all information before sending.
10.2. In case of errors, the User may rectify invoices through credit notes.
10.3. The maximum liability of Fraway S.r.l. to the User shall not exceed the amount paid for the license.

11. Force Majeure

11.1. Fraway S.r.l. shall not be liable for failure to perform due to force majeure events, including natural disasters, infrastructure failures, or cyber attacks.

11-bis. Indemnification

11-bis.1. The User agrees to indemnify and hold harmless Fraway S.r.l., its directors, employees, collaborators, and agents from any claims, demands, damages, losses, costs, or expenses (including legal fees) arising from or connected to:
- Violation of these Terms and Conditions by the User.
- Improper, unlawful, or fraudulent use of the Service by the User, including but not limited to tax fraud, tax evasion, or issuance of false invoices.
- Violation of laws, regulations, or third-party rights by the User.
- Third-party claims arising from data, content, or information entered by the User into the Service.
- Failure by the User to comply with legal digital preservation obligations.
11-bis.2. The indemnification obligation extends to any sanctions, fines, or penalties imposed on the User or Fraway S.r.l. by tax, fiscal, or supervisory authorities due to conduct attributable to the User.

12. Intellectual Property

12.1. All rights relating to Fattura Smart, including software, logos, blog, and guides, are the exclusive property of Fraway S.r.l.
12.2. The User is authorized to use the Service only within the limits of the granted license and does not acquire any intellectual property rights.
12.3. Reproduction, distribution, or modification of the Service's content without written authorization is prohibited.

13. Privacy and Data Protection

13.1. Fraway S.r.l. processes Users' personal data in compliance with GDPR and Italian data protection regulations.
13.2. All communications and data transfers are encrypted via SSL to ensure maximum security.
13.3. Personal data collected will be used exclusively to provide and improve the Service.
13.4. The User has the right to access, rectify, and delete their personal data. To exercise these rights, they may contact Fraway S.r.l. at the provided email address.
13.5. For further details, please consult our Privacy Policy.

13-bis. Data Ownership, Retention, and Portability

13-bis.1. Business data entered by the User (invoices, client records, products, etc.) remains the exclusive property of the User. Fraway S.r.l. does not acquire any ownership rights over such data.
13-bis.2. The User grants Fraway S.r.l. a non-exclusive, royalty-free, limited license to process the data solely to the extent strictly necessary for providing the Service.
13-bis.3. Data Portability: The User may at any time export their data in electronic format (XML, CSV, PDF) using the export features available in the Service.
13-bis.4. Post-termination Retention: Upon termination of the contractual relationship (due to expiration, withdrawal, or termination), Fraway S.r.l. will retain the User's data for a period of 90 (ninety) days, during which the User may request export of their data. After this period, data will be permanently deleted, except where legal obligations require its retention.
13-bis.5. The User is solely responsible for making periodic backups of their data and exporting it before contract termination. Fraway S.r.l. shall not be liable for loss of data not exported within the period specified above.
13-bis.6. Data deletion does not affect the User's obligation to independently arrange legal digital preservation of electronic invoices, as required by applicable regulations.

14. Suspension and Termination

14.1. Fraway S.r.l. reserves the right to suspend or terminate access to the Service in case of violation of these Terms by the User.
14.2. In case of suspension or termination, the User will be notified via email.
14.3. In case of termination due to violation, no refund shall be due to the User.

15. Amendments to Terms and Conditions

15.1. Fraway S.r.l. reserves the right to modify these Terms and Conditions at any time.
15.2. Changes will be communicated to Users via email with at least 15 days advance notice.
15.3. Continued use of the Service after notification of changes implies acceptance of the new terms.

16. Assignment of Agreement

16.1. The User may not assign or transfer their rights or obligations without the written consent of Fraway S.r.l.
16.2. Fraway S.r.l. may assign the Agreement to third parties in case of merger, acquisition, or sale of assets, upon prior notification to the User.

17. General Provisions

17.1. The invalidity or unenforceability of any clause shall not affect the validity of the entire Agreement.
17.2. Failure by Fraway S.r.l. to exercise a right does not constitute a waiver of that right.
17.3. Section headings are included for convenience only and do not affect the interpretation of the Agreement.

18. Governing Law and Jurisdiction

18.1. These Terms and Conditions are governed by Italian law.
18.2. For any dispute arising from or relating to the use of the Service, the Court of Rome shall have exclusive jurisdiction.

19. Communications

19.1. All communications regarding these Terms will be made via the email address provided by the User.
19.2. The User agrees to keep their email address updated and to regularly check their inbox.

20. Contact

For assistance or questions regarding the Service, you may contact us at the email address: info@fatturasmart.com

Last updated: January 2025