Terms and Conditions

1. Purpose and scope

These terms govern access to, purchase of and use of the GoPOS service: software as a service (SaaS) for managing sales, VERI*FACTU invoicing with the AEAT QR code, inventory by IMEI or serial number, repair jobs, warranties, trade-in contracts for used devices, quotations, expenses, multi-shop operation, reports, user roles and offline use through a PWA.

They constitute general contract terms under Ley 7/1998, de 13 de abril, sobre Condiciones Generales de la Contratación. They are supplemented by the pre-contractual information and by the pricing page in force at the time you subscribe.

GoPOS is aimed at self-employed professionals (autónomos) and companies who subscribe as part of their business activity. In those cases consumer protection rules do not apply and these terms apply in full.

If you subscribe as a consumer, that is, outside any business or professional activity, Real Decreto Legislativo 1/2007, de 16 de noviembre, approving the consolidated text of the General Law for the Defence of Consumers and Users, also applies. Nothing in this document limits the rights that law grants you. Wherever something differs for consumers, it is stated expressly in the relevant section.

The service is also subject to Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico.

2. Provider identification

Service provider: [RAZON_SOCIAL], tax ID [NIF], registered address at Carrer Doctor Pi i Molist 29, 08031 Barcelona, Spain. Registry details: [REGISTRO_MERCANTIL].

Contact email: goposbcn@gmail.com. Phone: +34 667 756 999. Website: https://gopos.es.

For data protection matters you may contact goposbcn@gmail.com.

3. Registration, account and shop users

To use GoPOS you must create an account and provide truthful, complete and up-to-date information, including the tax details that will appear on your invoices. Keeping them current is your responsibility.

Only adults with legal capacity to enter into contracts may subscribe and, in the case of companies, only someone with sufficient authority to represent them.

Login credentials are personal and confidential. You are responsible for safeguarding them and for all activity carried out from your account. You must notify us without delay of any unauthorised access or suspicion that your credentials have been compromised.

GoPOS lets you create users for your staff with different roles (admin, sales, repair, wholesale). You decide who gets access and with which role, and you are answerable for what your users do in the system. It is your responsibility to revoke access for staff who leave.

A single user account may not be shared between several people, and access may not be transferred to third parties outside your business without our prior written authorisation.

4. Plans, prices and VAT

GoPOS is sold as a subscription. Current prices are: POS Starter, EUR 29.99 per month or EUR 399 per year; POS Plus, EUR 49 per month or EUR 499 per year; POS Pro, EUR 99 per month or EUR 999 per year.

The features and limits included in each plan are those described on the pricing page at the time you subscribe. You may change plan at any time; the change takes effect as indicated during the checkout process.

All prices are in euros. Value Added Tax at the applicable statutory rate will be applied under Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido, or the equivalent indirect tax according to your place of establishment. The exact breakdown is shown before you confirm the order and on every invoice.

If you are a business or professional established in another EU Member State and provide a valid intra-Community VAT number, the transaction will be invoiced according to the applicable place-of-supply rules.

Payment is made through the methods enabled by our payment provider [PASARELA_PAGO]. We do not store full card details.

5. Free trial, billing, renewal and cancellation with no lock-in

Some plans include a 2-day free trial. During the trial you may use the service at no cost and cancel before it ends without any charge being generated. The trial is limited to one per customer and we may restrict or withdraw it.

The subscription is billed in advance at the start of each period, monthly or annually depending on the plan chosen, and renews automatically for equal periods.

GoPOS has no lock-in period. You may cancel renewal at any time by writing to goposbcn@gmail.com from the address associated with your account, or through the cancellation option in your account where available. We will confirm the cancellation in writing. Cancellation takes effect at the end of the period already paid for: until then you keep access and you are not charged again.

Unless the law provides otherwise or there is a failure attributable to us, periods already started are not refunded. Cancelling mid-month or mid-year does not generate a pro-rata refund.

If you subscribe as a consumer, you have 14 calendar days to withdraw from the contract without giving any reason, under Articles 102 et seq. of Real Decreto Legislativo 1/2007. You may exercise it by telling us at goposbcn@gmail.com by any unequivocal means, or by using the model withdrawal form that we make available during the subscription process and as an annex to these terms. If you expressly ask for the service to start within the withdrawal period, you must pay the proportional part of what has already been supplied up to the moment you withdraw. You lose the right of withdrawal only where the service has been fully performed, its performance having begun with your prior express consent and you having acknowledged that you are aware that, once the contract has been fully performed, you would lose that right. This right does not apply to customers subscribing as a company or self-employed professional.

6. Acceptable use

You agree to use GoPOS in accordance with the law, with these terms and for the purpose for which it is offered: running your shop.

The following are not permitted, among other conduct: attempting to access other customers' data; reverse engineering, decompiling or extracting the source code except where the law allows it; reselling, sublicensing or providing the service to third parties as if it were your own; introducing malicious code; automating bulk requests that degrade performance; or using the system for fraudulent activity or to conceal trade in devices of unlawful origin.

You may not use the GoPOS name or its graphic elements without prior written authorisation. The software, its code, design and documentation belong to us or to our licensors; the contract grants you a non-exclusive, non-transferable right of use limited to the term of the subscription.

Serious or repeated breach of this section allows us to suspend or terminate the service in accordance with section 11.

7. Your obligations: tax data, personal data and IMEI

You are responsible for the content you enter into GoPOS. That includes your business's and your customers' tax details, the amounts, the tax rates applied, the descriptions of goods and services and the accuracy of the invoices issued. GoPOS calculates and records on the basis of what you configure and enter.

In relation to the personal data of your customers and staff (name, phone, ID document, address), you act as data controller and we act as processor, on your behalf and following your instructions, under Article 28 of Regulation (EU) 2016/679 and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales. It is for you to inform data subjects, to have a legal basis for the processing and to handle the exercise of their rights. The relationship is governed by the data processing agreement that forms part of these terms and which we make available at https://gopos.es and, on request, at goposbcn@gmail.com. By subscribing to GoPOS you accept that processing agreement.

You grant us a general authorisation to engage sub-processors. The current list is: [SUBENCARGADOS]. We will inform you of any addition or replacement of sub-processors at least 30 days in advance, during which period you may object on reasonable grounds; if you object and we cannot offer an alternative, you may terminate the subscription at no cost with a refund of the unused part of the period. All sub-processors are bound by obligations equivalent to ours. Where processing involves an international transfer of data outside the European Economic Area, it will be carried out under an adequacy decision or the European Commission's standard contractual clauses, in accordance with Articles 44 to 49 of Regulation (EU) 2016/679.

Device data, in particular the IMEI or serial number, is entered by you. It is your obligation to verify the lawful origin of the handsets you buy, take as a trade-in or sell, to check that they are not reported as stolen or blocked, to identify the seller correctly and to comply with the rules applicable to second-hand goods trading and with any record-keeping and identification duties that apply to you. GoPOS records the IMEI you enter; it does not check or certify its legal status, and it does not replace those checks.

You are answerable for the consequences of entering false, incomplete or unlawful data, including any liability for handling stolen goods (receptación) under the Spanish Criminal Code.

8. VERI*FACTU: what GoPOS does and what remains yours

GoPOS includes invoicing features designed to support compliance with the requirements for invoicing software set out in Ley 58/2003, de 17 de diciembre, General Tributaria, as amended by Ley 11/2021, de 9 de julio, de medidas de prevención y lucha contra el fraude fiscal, and in Real Decreto 1007/2023, de 5 de diciembre, together with its implementing rules: chained invoicing records, hash or fingerprint, record immutability and the AEAT verification QR code.

GoPOS is an invoicing computer system (sistema informático de facturación, SIF) produced by [RAZON_SOCIAL]. As producer, we issue and maintain the responsible declaration (declaración responsable) required by Article 13 of Real Decreto 1007/2023, de 5 de diciembre, certifying that the software meets the requirements of the Regulation and of its technical implementing specifications. That declaration is incorporated into the system itself and available to you.

GoPOS operates in the [MODALIDAD_VERIFACTU] modality (VERI*FACTU, with the invoicing records transmitted to the AEAT, or a non-verifiable system with retention and signing of the records). Apart from that responsible declaration, we do not claim to hold any other certification, audit or seal in respect of the software.

GoPOS is a tool. The taxpayer of record remains your shop. You are the one issuing the invoices, deciding what is invoiced and to whom, keeping the documentation and answering to the Spanish tax authority (AEAT).

We do not guarantee that using GoPOS automatically makes you compliant with your tax obligations, and we do not assume any indemnity against penalties, surcharges, interest or requests from the tax authorities. Correct system configuration, the accuracy of the data and the review of invoices are your responsibility.

Neither this document nor the service itself constitutes tax, accounting or legal advice. We recommend you work with your own adviser.

9. Service availability and support

We work to keep GoPOS continuously available, but we do not offer any service level agreement (SLA) or guaranteed uptime percentage, unless expressly agreed with you separately and in writing.

The service may be interrupted for maintenance, updates, security incidents or causes beyond our control, such as failures of your connection or hardware, of our hosting provider Amazon Web Services (AWS) or of third-party services, including AEAT systems. We will try to give advance notice of planned downtime.

Offline functionality (PWA) lets you keep operating with limited connectivity and sync afterwards, but it depends on the device and browser you use and is not a substitute for a stable connection.

Support is provided in Spanish through goposbcn@gmail.com and the phone number +34 667 756 999. It covers usage questions, software incidents and errors attributable to the service. It does not include bespoke training, complex data migrations, custom development, support for your hardware or network, or tax advice. We do not guarantee response times unless expressly agreed.

We may evolve the product and modify or withdraw features. If a change substantially and permanently reduces what your plan delivers, we will tell you and you may cancel at no cost, with a refund of the unused part of the current period.

The above is without prejudice to the digital services conformity regime of Articles 115 bis et seq. of Real Decreto Legislativo 1/2007, which applies where you subscribe as a consumer. Throughout the whole period of supply we are liable for any lack of conformity of the service under Article 120.2 of that law, and the exclusions in this section do not limit those rights.

10. Limitation of liability

We are liable for direct damages caused by breach of our obligations in accordance with the law.

Where you subscribe as a company or self-employed professional, our total aggregate liability for any claim arising from the service is limited to the amount actually paid by you in the twelve months preceding the event giving rise to it.

In that same case, we are not liable for lost profits, loss of business, customers or opportunities, nor for indirect or consequential damages, nor for tax or administrative penalties arising from the data you enter or the configuration you choose.

These limitations do not apply in the event of wilful misconduct or gross negligence on our part, nor to damage to life or physical integrity, nor to any other case where the law prohibits limiting liability. If you subscribe as a consumer, the regime of Real Decreto Legislativo 1/2007 applies, including the digital services conformity regime of its Articles 115 bis et seq., and these limitations operate only to the extent that law permits; under its Article 117 any prior waiver or limitation of those rights is void.

We are also not liable for how your users use the system, for loss of credentials on your side, or for commercial decisions you take on the basis of the system's reports.

11. Non-payment, suspension, termination and your data

If a payment fails, we will notify you and you will have a reasonable period to settle it. After that period we may suspend access to the service and, if non-payment persists, terminate the contract. In business-to-business transactions, late payment interest under Ley 3/2004, de 29 de diciembre, por la que se establecen medidas de lucha contra la morosidad en las operaciones comerciales, will be due.

Suspension does not delete your data: we keep it available for retrieval for the period we notify to you before any deletion.

The data you enter into GoPOS is yours. We do not sell it and we do not use it for purposes unrelated to providing the service.

You may request a copy of your data in a commonly used format in writing at goposbcn@gmail.com, both during the term and before the cancellation takes effect, and we will provide it within a reasonable period. Where the system offers export or downloadable report functions, you may also obtain them directly from the application.

After termination we will retain your data for the period we notify to you, so that you can export it, and will then delete it, except for data we are legally required to keep, such as billing records of our own contractual relationship with you.

You must keep your invoicing records for the periods required by tax rules. Downloading and safekeeping those copies is your responsibility.

12. Changes to these terms and to prices, governing law and jurisdiction

We may amend these terms for legal or technical reasons or as the service evolves. We will notify you by email or within the application with reasonable notice and, in any case, before the next renewal. If you do not accept the changes, you may cancel before they take effect; continued use of the service after that date means you accept them.

Prices may be updated. Any price change will be notified at least 30 days in advance and will only apply from the next renewal, never to a period already paid for. If you do not agree, you may cancel without penalty before renewal.

We may not assign the contract to a third party without informing you beforehand; if we do, you may cancel at no cost. If any clause is declared void, the rest remains valid.

These terms are governed by Spanish law.

As these are general contract terms, no express submission to any jurisdiction is established. Territorial jurisdiction will be determined in accordance with Articles 50 et seq. of Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil, generally corresponding to the Courts and Tribunals of the defendant's domicile or of the place of performance of the obligation, at the claimant's choice.

If you subscribe as a consumer, jurisdiction will be as determined by consumer legislation and the Spanish Civil Procedure Act, normally the courts of your place of residence. You may also send any complaint to goposbcn@gmail.com and turn to the competent consumer protection bodies.

Annex A. Model withdrawal form (consumers only)

This model form is provided in compliance with Article 97.1.i) and Annex A of Real Decreto Legislativo 1/2007. You only need to complete and send it if you wish to withdraw from the contract and you subscribed as a consumer. You may also withdraw by any other unequivocal statement sent to goposbcn@gmail.com.

To [RAZON_SOCIAL], Carrer Doctor Pi i Molist 29, 08031 Barcelona, Spain. Email: goposbcn@gmail.com. Phone: +34 667 756 999.

I hereby give notice that I withdraw from my contract for the supply of the following service: __________ (plan subscribed).

Date of subscription / of start of the service: __________.

Consumer's name: __________. Consumer's address: __________. Email address associated with the account: __________.

Consumer's signature (only if this form is submitted on paper): __________. Date: __________.