Общие положения и условия

TERMS AND CONDITIONS INNOTAXES

1. INTRODUCTION

These general contracting conditions (hereinafter, the "General Conditions" or the "Contract") establish the terms under which the services (hereinafter, the "Services") provided through the website owned by INNOTAXES (hereinafter, "INNOTAXES" or the "Platform") are offered, as specified in the "Functioning of the Services" section. Access and/or use of the Platform grants you the status of user (hereinafter, the "User" or the "Users").

Users, who may be natural or legal persons, must provide the necessary amount of data, information, and documents to perform the services through the Platform.

This Contract will be valid from the date on which the User checks the acceptance box of this Contract, which appears at the bottom of this document.

INNOTAXES reserves the right to update and modify these General Conditions without prior notice, and they will be available on the Platform.

Any new features that may be added to the Services will be subject to the General Conditions. If the User continues to use the Service after any modifications, it will imply their acceptance of such modifications. The most recent version of the General Conditions can be consulted on the INNOTAXES website.

Failure to comply with any of the General Conditions may result in the cancellation of the account.

2. OUR INFORMATION

The provision of Services offered on the Platform is carried out under the name "INNOTAXES" by INNOGROUP TECH, S.L.U., with NIF B75403915 and registered office at Calle Antonio López 249, Planta 1, Puerta G, 28041, Madrid, and registered in the Commercial Registry under Protocol: 2024/3693, Page M-837257, Series IE, Numbers 2763197 on October 30, 2024.

3. PURPOSE

INNOTAXES is a multi-category technological platform for both intermediation in the online contracting of accounting and tax services "on demand" and for providing some of these services. Its purpose is to assist individuals, self-employed professionals, or companies that need help with their taxes, processes, or general tax inquiries.

These General Conditions aim to establish the rights and obligations of the User and INNOTAXES as the Service provider concerning the use of the Platform.

4. REGISTRATION ON THE PLATFORM AND CREATION OF A USER ACCOUNT

To become a User of the Platform and contract any of the Services, it is necessary to register and create a User account, for which INNOTAXES will require:

To be at least 18 years old. If underage, the responsible adult must create the account and complete the procedures on their behalf.
In the case of companies, any of the following may contract the Services: The legal representative, the administrator, or anyone authorized to act on behalf of the company.
Truthfully completing the required fields in the registration form, which requests personal data such as name, identification, email, phone number, and/or bank card number of the User or any other necessary data requested by INNOTAXES for this purpose.
Accepting these General Conditions.
Accepting the INNOTAXES Privacy Policy.

Registration is completed when the User fills out the form, sets a password, and, if necessary, finalizes data verification following INNOTAXES’ instructions via email, SMS, or call. Once registered, the User will receive confirmation through one of these means.

The User account is personal and non-transferable, protected by a password or other security mechanisms that must comply with INNOTAXES’ robustness rules. The password, which has unlimited validity, must be carefully safeguarded, kept confidential, and not shared with third parties.

The User will be responsible for any misuse of their account resulting from negligence or loss of the password. INNOTAXES is not responsible for any damage or loss that may result from a User’s failure to protect their login information; however, INNOTAXES will implement all possible measures to prevent identity theft and fraudulent use. The User may change their password at any time if they suspect a security breach. Account transfers between individuals are prohibited, and non-compliance may result in account deletion and legal action.

INNOTAXES reserves the right to delete any account if it suspects its authenticity or a potential violation of usage rules. The parties agree to legally equate the User's handwritten signature to any type of key, code, or security element used for identification. Notwithstanding the above, INNOTAXES may require written confirmation from the User when deemed necessary.

5. DESCRIPTION AND FUNCTIONING OF THE SERVICES

INNOTAXES offers its Services to Individual Users, Self-Employed Professionals, and Companies.

5.1. Services Offered to Individuals, Companies, and Self-Employed Professionals

5.1.1. Tax Filing Services

Once registered, the User—whether an Individual, Self-Employed Professional, or Company—can complete the required information through the elements displayed on the Platform. Among other details, INNOTAXES will require the User to provide their DNI/NIF number and their professional or business status in the corresponding form. To verify this information, the User must upload valid, truthful, and up-to-date documents as required by the Platform.

Based on the documentation provided, INNOTAXES will collect the necessary data for the provision of its Services. INNOTAXES will only download billing data available on the Platform, as uploaded by the User, but does not guarantee its accuracy or timeliness. It is the User's sole responsibility to validate the data on the Platform and enter any additional required information.

Once all required information and documentation have been entered and verified by the User, INNOTAXES will analyze the User’s situation, define any necessary additional questions, review, and calculate the taxes that the User is obligated to file. For this process, INNOTAXES will consider the User’s validated Income, Expenses, and Withholdings, along with any other necessary tax data to prepare the applicable tax draft, in accordance with current legislation and the criteria established by the Spanish Tax Agency (AEAT).

The initial access to the Platform, with limited functions, will be provided to the User free of charge. To access advanced functionalities, such as the generation of tax drafts or personalized expert advice, the corresponding service must be contracted. The Service and software are offered "as is" and "as available" without any express or implied warranty. INNOTAXES does not guarantee the suitability, reliability, availability, punctuality, security, accuracy, or error-free nature of the Services or their content.

5.1.2. Tax Advisory Services

The Services may include tax advisory services before, during, and/or after the filing of tax returns with the AEAT. The specific scope of these services in each of the plans offered by INNOTAXES will be detailed on the Platform and, in any case, made available before contracting.

For the provision of tax advisory services, the User must submit in advance all necessary background information and documents required by INNOTAXES. INNOTAXES will not be responsible for any consequences arising from the User’s failure to submit, inaccurate submission, or incomplete submission of the required documentation within the deadlines established by INNOTAXES.

5.1.3. Administrative and Bureaucratic Management Services

In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSI), INNOTAXES offers its Users auxiliary services related to the management and processing of applications, registrations, and other bureaucratic procedures before various Public Administrations.

The availability of these services may be subject to INNOTAXES’ criteria, which may include subscribing to a specific plan or making an additional payment. In all cases, INNOTAXES will clearly and promptly inform the User of such requirements before the request and contracting of the service.

The User may be required to provide additional information or documents to access these services. INNOTAXES ensures that all information or documentation provided will be collected, recorded, and stored in accordance with the General Data Protection Regulation (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights.

The User's consent may be required for the use of certain certificates or signatures, such as the Digital Certificate, the electronic National Identity Document (DNIe), or Autofirma, in accordance with Law 59/2003 on electronic signatures.

INNOTAXES offers its Services to Individual Users, Self-Employed Professionals, and Companies.

5.1. Services Offered to Individuals, Companies, and Self-Employed Professionals

5.1.1. Tax Filing Services

5.1.2. Tax Advisory Services

5.1.3. Administrative and Bureaucratic Management Services

5.2. Additional Tax-Related Services for Businesses and Self-Employed Users

Users can access different subscription plans offered by INNOTAXES, which include:

Income and expense accounting
Draft preparation and submission according to applicable taxes in Spain
Tax advisory services

A. Validation and Confirmation of Tax Draft Submission

If the user opts for the service, INNOTAXES will handle the calculation and submission of the tax draft to the AEAT (Agencia Española de Administración Tributaria). After validating the information and confirming all documents, the user can approve the submission.

By clicking the "Approve" button, the user gives express consent for INNOTAXES to file the tax declaration on their behalf.
Once confirmed, the user acknowledges that they cannot edit the draft or request a new one.
It is the user's responsibility to ensure the accuracy of the documentation provided.
If a correction is necessary, the user can contact the assigned advisor or INNOTAXES directly via the email info@innotaxes.com.

Tax Refunds or Payments

Tax refund: If the draft indicates a refund (the AEAT owes the user), the user can choose between requesting a refund or compensating it for the following year.
Tax payment: If the draft indicates a payment (the user owes the AEAT), several payment methods are available:
- Cash payment: Via a bank or ATM of an entity cooperating with the tax authorities.
- Direct debit: Payment from a bank account registered with the AEAT.
- NRC payment: Payment via a reference number (NRC).
- Bank transfer: If no collaborating bank account is available, the user can pay by transfer.
- Payment deferral: The user can request a deferral for tax payments, although not all tax models allow this.

INNOTAXES will present the tax draft to the AEAT within five business days from the user's validation. Confirmation of submission will be sent via email, SMS, or other communication channels provided by the user.

6. Subscription Plans for Self-Employed Individuals and SMEs

6.1 Subscription Plans for Self-Employed Individuals (Autónomos)

Essential Plan: Basic services including advice on registration, invoice scanning, income/expense control, and customer support.
Expert Plan: Adds tax advice, full support for tax filing, a dedicated account manager, and specialized advice for expatriates.
Ultimate Plan: Includes payroll management for up to 3 employees and offers faster response times, with 12 exclusive sessions per year.

6.2 Subscription Plans for SMEs

Essential Plan: Basic services like invoice management, automatic calculations, and basic financial reports.
Expert Plan: Adds tax advisory services, company registration with tax authorities, and specialized advice for operations with foreign companies.
Ultimate Plan: Includes payroll management for up to 15 employees and more rapid response times with 12 exclusive sessions per year.

6.3 Services Not Included in Subscription Plans

Certain services such as handling previous tax periods or correcting past errors are not included and will be billed separately.

7. Automatic Renewal and Plan Changes

7.1 Automatic Renewal

Subscription plans automatically renew unless the user notifies INNOTAXES about changes or cancellations.
The renewal price may be adjusted according to the current rates.

7.2 Changes to Plans

Users can change their plan, with the new plan's billing starting the following month. The renewal date remains unchanged.

7.3 Notification of Plan Changes

Users must notify INNOTAXES at least 15 days before the renewal date if they wish to change plans or cancel automatic renewal.

7.4 Price Adjustments

Plan prices may change during the year. Adjustments will be communicated to users, effective at the next renewal or plan change.

8. Services for Individuals

INNOTAXES offers services to individual users under similar conditions. However, individuals may lose their right to withdraw once they have consented to the execution of the service.

9. Fees, Payment Methods, and Billing

The user is responsible for paying any taxes or additional charges required by government authorities.
Payments can be made through Stripe or bank transfer.
Subscription fees are non-refundable, even if the user does not use the service during the billing period.

10. Data Provision, Operation, and Professional Secrecy

Users must provide INNOTAXES with all necessary data and documentation for service execution. The platform will guide users on document submission, and failure to meet deadlines or provide accurate information may result in penalties or additional fees.

11. WARRANTIES, OBLIGATIONS OF THE USER, AND RESPONSIBILITIES

The User guarantees that they are the holder of all the information required for the provision of the Service and that the information and documentation provided is truthful. INNOTAXES will not be responsible for the Services in cases where the User has provided incorrect or false information, or if the tax data obtained from official sources and pre-loaded by INNOTAXES is incorrect. INNOTAXES will implement the appropriate and sufficient technical means to identify and correct technical errors in the management of information when they are within its responsibility.

The User must use the Platform with the necessary diligence for its correct use and in accordance with the terms here present, relieving INNOTAXES from any responsibility related to it, especially, but not limited to, that which could result from improper use by the User of the Platform. In particular, the User agrees not to use the information, personal data, and, in general, content accessed through the Platform in an improper, inappropriate, or fraudulent manner. The User is entirely responsible for maintaining the confidentiality and security of their User account.

The User agrees to notify INNOTAXES immediately of any security breach of their User account. INNOTAXES will not be responsible for any loss or damage resulting from the access and/or use of the User's account by third parties other than INNOTAXES.

The User knows and accepts INNOTAXES' conditions for using the Platform and agrees to contact INNOTAXES exclusively regarding any incidents, doubts, or claims that may arise during the access and use of INNOTAXES by the User, exempting INNOTAXES from any deficiency or problem in this regard. INNOTAXES will make its best efforts to diligently provide Services to the User, advising the User in case of any incident detected.

INNOTAXES will only be responsible to the User if (i) incorrect calculations have been made, (ii) different information from the one provided by the User was given to the AEAT, (iii) a tax declaration was submitted after the voluntary filing period had ended due to the advisor's delay or delays attributable to INNOTAXES, (iv) or in other cases of fraud or gross negligence attributable to INNOTAXES.

INNOTAXES does not guarantee the lawfulness, reliability, and usefulness of the content provided and/or monitored by third parties through the User’s account. If the User becomes aware of any unlawful, illegal, or rights-infringing content, they must notify INNOTAXES immediately. In any case, INNOTAXES will not be responsible for the content that may appear in the User's account due to the use by third parties who are not related to INNOTAXES. The User agrees that INNOTAXES will not be, under any circumstances, responsible, to the maximum extent permitted by applicable law, for:

The improper, incorrect, or illegal use of the Platform by the User or by third parties, including breakdowns and incidents caused by the lack of due diligence or viruses that could be introduced by the User.
Any issue or problem arising from the operation of any other tools contracted by the User, as such contracting is done at the User's own risk, and independently from INNOTAXES, which will not assume responsibility under any circumstances.

In case of non-compliance by the User with any obligation set forth in these General Terms and Conditions, INNOTAXES may initiate legal actions it deems appropriate and/or claim compensation for damages.

12. INTELLECTUAL AND INDUSTRIAL PROPERTY

INNOTAXES holds or, where applicable, has the corresponding licenses for the intellectual and industrial property rights over all content offered to the User within the framework of these General Terms and Conditions, including, without limitation, texts, photographs, illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, as well as the Services provided.

No intellectual, industrial, or other rights over the Platform are granted to the User, beyond the right to use it under the terms set forth here, within the necessary territorial scope and time for the lawful use of it. In no case will the acquisition, contracting, installation, and/or use of the Services offered by INNOTAXES imply a waiver, transfer, license, or total or partial assignment of such rights to the User by INNOTAXES or its respective holder. References to registered trademarks or trade names, or other distinguishing signs, whether owned by INNOTAXES or third parties, implicitly prohibit their use without the consent of INNOTAXES or their legitimate holders. Unless expressly stated otherwise, the acquisition, contracting, installation, and/or use of the Services offered by INNOTAXES does not grant the User any rights over the distinguishing signs included in them. It is also prohibited to remove or manipulate any copyright notices or other credits identifying the holders of such rights, as well as technical protection devices, fingerprints, or any protection or information mechanisms incorporated into them.

13. PROTECTION OF PERSONAL DATA

All personal data provided during the use of the Platform will be processed in accordance with the Privacy Policy. For more information on how INNOTAXES will process your personal data, the User can consult the Privacy Policy.

In cases where necessary, INNOTAXES will sign a data processing agreement with the client (the "Processing Agreement"), which regulates the obligations regarding personal data protection established in Article 28 of the GDPR. The Processing Agreement forms an inseparable part of these Terms and Conditions and governs the processing of the User's personal data by INNOTAXES, as a data processor, on behalf of the User, who is the data controller.

14. MISCELLANEOUS

14.1. COMPLETE AGREEMENT
These General Terms and Conditions are available to all Users of the Platform freely and without charge. The Services available on the Platform are fully described, and the User can access all necessary information. Any matter not expressly described on the Platform and in these General Terms and Conditions will not be considered included in the Services.

14.2. MODIFICATIONS
INNOTAXES recommends that these General Terms and Conditions be consulted periodically, as they may undergo modifications. In the event of such modifications, the User will be informed in advance of the changes. It will be considered that the User expressly accepts these modifications or updates if they place a new order through the Platform. If accepted, the modification and the new contract will fully replace the current General Terms and Conditions between the parties and will take effect for new purchases or bookings made from the date of acceptance of the new General Terms and Conditions.

In the case of consumers, if the modification of these General Terms and Conditions involves a change in the service that cannot be considered minor and negatively affects the service or its use, INNOTAXES will inform the User of their right to terminate the contract within 30 calendar days from the moment they receive this information.

14.3. EARLY TERMINATION
In addition to the causes provided by law, a breach of the material obligations assumed by the User under these Terms and Conditions will be grounds for early termination.

14.4. FORCE MAJEURE
Neither party will be responsible for failing to meet their contractual obligations due to Force Majeure or unforeseen circumstances, as defined in the Civil Code. The emergence of a Force Majeure or unforeseen situation will be communicated as soon as possible to the other party once the situation is known. Each party will make their best efforts to prevent or mitigate the effects of a Force Majeure situation and ensure the normal continuation of the General Terms and Conditions.

14.5. PARTIAL NULLITY
All clauses or sections of these General Terms and Conditions should be interpreted independently. Therefore, if a court, tribunal, administrative body, or competent authority rules that any provision of these General Terms and Conditions is illegal, null, invalid, or unenforceable, that provision, to the extent required, will be separated from these General Terms and Conditions and rendered ineffective, without affecting the legality and applicability of the other provisions. Invalid provisions will be replaced, through a complementary interpretation of these General Terms and Conditions, by a provision that approximates the purpose of the null provision, whenever possible.

14.6. NO WAIVER
The failure to fully or partially exercise any right or action by either party, including the termination or resolution of the General Terms and Conditions, will not be interpreted as a waiver of that party's right to exercise the right or action.

14.7. ASSIGNMENT
The User may not assign their rights and obligations arising from these Terms and Conditions and/or subcontract any of their obligations without the express written authorization of INNOTAXES. In any case, INNOTAXES reserves the right to make any necessary subcontracting for the proper execution of the agreed Services, without the need to notify or obtain the User's express authorization, remaining responsible to the User for the actions carried out by the subcontractors.

14.8. DISPUTE RESOLUTION
The present relationship between the Parties, as long as the applicable legislation allows it, will be governed by the current Spanish legislation. Thus, for any legal matter related to the Platform or any other derived from it, and as long as the law allows, Spanish law will apply, and the competent Courts and Tribunals of the city of Madrid (Spain) will be responsible for resolving all conflicts arising or related to the Services. This clause does not affect the rights granted to the User as a consumer under the current legislation.

To submit complaints about the use of our Services, you can contact us via email at info@innotaxes.com, and we commit to seeking an amicable solution to the conflict. Additionally, every user residing in the European Union has the possibility to go to the Online Dispute Resolution (ODR) Platform through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

For any consultation regarding this Platform, the user can contact the European Consumer Centre in Spain, located in Madrid, Calle del Príncipe de Vergara 54, Madrid, Comunidad de Madrid 28006.

14.9. CUSTOMER SERVICE
INNOTAXES, as the responsible party for the Platform and the provision of the Services offered through it, provides Users with a customer service department, where all inquiries, complaints, and suggestions related to the Services will be properly addressed.

In particular, Users can contact INNOTAXES' customer service via the email address: info@innotaxes.com and the chat available on the Platform.

INNOTAXES will respond to complaints or inquiries received as quickly as possible. Additionally, official complaint forms are available to the User.

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