Scope of Terms     

These terms of use (the Terms) shall apply to the business relationship between the provider of the Application, being Fairo GmbH, a company with limited liability under Austrian law, with its seat in Vienna and business address Am Stadtpark 9, A-1030 Vienna, Austria, registered with the commercial register at the commercial court of Vienna under FN 552682v (the Provider) and the user of the Application, being either you acting on your own behalf as professional (owner of the legal entity) or acting in your capacity as duly authorized representative of a limited liability company (LLC) or a family association (IF), being registered and having the seat in Romania (the User).

Application     

FAIRO (the Application) is a mobile and desktop application maintained by the Provider targeting Romanian individual entrepreneurs and small businesses, organized either in the form of a liberal profession under the law performed individually, of authorized natural persons (in Romanian PFA), family associations (in Romanian IF), individual enterprises (in Romanian II), individual natural persons (in Romanian PFI) or limited liability companies (in Romanian SRL). The Application is designed to enable its users to create, send, receive and manage invoices, as well as use other services (including, but not limited to, banking services), as these will be provided via modules by third party providers via the Application (Third Party Modules), when available. The features and services provided include available languages for the documents and the currencies, are the ones made available in the Application at the date of use of the Application, and these might be changed and updated by the Provider at its sole discretion. By using the Application, the User declares that the User acts in professional capacity when using the Application and has fulfilled all registration formalities, as required under the applicable law, and the User fulfills the conditions mentioned in these Terms and in the Application.

The Application is currently available in its basic version free of charge. However, it may contain certain in-app features available on a payment or subscription basis (the Paid Features). All communications and notifications related to the use of the Application by the User will be with the contact details provided by the User in the Application and it is the User’s duty to provide updated information, or otherwise, we will use the details available and will consider the communication rightfully sent there.

The User may subscribe to Paid Features for the subscriptions periods as set out within the Application. Unless any subscription of a Paid Feature is terminated by the User within Google Play or App Store prior to the end of the subscription period, it will be automatically renewed for the same period of time as initially subscribed (eg in case of subscription for one month, renewal will be for another month each time not priorly terminated). The User will receive notifications prior to each renewal giving the User sufficient time for a termination. Any termination with effective date prior to the end of any already started subscription period is not possible. The remaining terms of the User’s Agreement with Fairo will remain unaffected by any subscription of a Paid Feature or its termination.

Acceptance

By clicking on the “Join Fairo” button available during the sign up process in the Application, the User acknowledges that the User has read, accepted and agrees with the Terms. By accepting the Terms, the User enters into an Agreement between the User and the Provider subject to the provisions as described in the Terms (the Agreement).

License

Subject to the Terms, the Provider grants to the User a limited, non-exclusive, non-transferrable, non-sublicensable end user license, to access and use the Application and its Paid Features purchased pursuant to the Terms. Please note that, including (but not limited to) text, content, software, video, sound, graphics, photographs, illustrations, names, logos, trademarks, and other materials, made available by the Provider in the Application, both in their entirety and their elements (hereinafter collectively referred to as Content) are protected by copyright and / or related rights, trademark rights and / or other forms of property. The Content includes both Content owned or controlled by the Provider and content owned or controlled by third parties and licensed to the Provider. By using this Application, the User agrees to comply with the provisions of these Terms, as well as any additional notices or restrictions on its rights to the Content accessed on the Application, including third party terms of use. The User also agrees that the User may not use any of the Provider’s trademarks or trade names without the prior express written consent of the Provider and the User acknowledges that the User has no proprietary rights in any of these trademarks or names.

Term and Termination

The Agreement shall be deemed concluded for an indefinite period of time. The User may terminate the Agreement at any time and for any reason by sending a notice to the Provider (by email), in which case the Provider would deactivate the User’s Application profile to the effect that the Application features will be disabled for the User. If any Third Party Module is available to the User, in order to deactivate the User’s Application profile the User needs to follow the termination process as set forth in the agreement with the provider of such Third Party Module additionally. Refunding the User’s purchases is in such case not possible. Termination of the Agreement means the User no longer has access to the information and Content from the Application; therefore, it is the User’s responsibility to ensure that, when allowed in the Application, the User has saved and stored all its information and documents (including the invoices) that the User needs, prior to termination.

The Provider may terminate the Agreement at any time and for any reason subject to a prior notice provided to the User reasonably in advance, unless otherwise provided herein, agreed by the parties or required under applicable laws. If termination is caused by the User’s breach of the Terms or the applicable law when using the Application, termination will be effective immediately, without a notice period.

Amendments

We reserve the right to change these Terms (updating to a new version) at any time, and the changes (new version) will be effective when posted on our website www.fairoapp.com and in the Application, except for users of the Application who entered into the Agreement before the date of such posting. For such users of the Application a notification will be sent by email and the changes (new version) of these Terms will be effective 30 days after the day of respective notification (if longer period is not determined in said notification). The User’s use of the Application after such a period means that the User agrees with the new version of the Terms. The 30 days period will not be applicable, and the changes will become applicable immediately, if the changes are merely informal and do not have an impact on the relationship with the User (e.g., drafting or other changes that do not modify the meaning of the provisions). If the User does not agree with the changes, the User may terminate the Terms at any time within 30 days after the day of respective notification and free of charge. Any new features, instruments or services available in the Application will be subject to these Terms. Notwithstanding the foregoing, any amended terms concerning the Paid Features shall not be deemed applicable until the end of the respective prepaid subscription period; unless the User terminates the subscription prior to the end of prepaid subscription period the User is expressing the User’s acceptance of the changes which will become effective for the User as from the beginning of the new prepaid subscription period. The updated version of the Terms can always be consulted in the Application and the User can save a copy of the Terms applicable at any moment.

Use of the Application

The license is granted solely for the User’s use. Therefore, the User may not lease, rent, lend, sell, transfer, or sublicense the Application. Third-party services or libraries included in the Application are licensed to the User either under the Terms, or under the third party’s license terms, if applicable. Based on the User’s license, the User may not access the Application with other means than the official application, mine or extract any data from the Application databases (except as expressly allowed by the Application’s features), modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of the Application or any part thereof and circumvent any technology used to protect the Paid Features. Unless expressly allowed by the Provider, the User is neither allowed to share any screens, content or description of the Application or any parts thereof, any links to the Application and any feedback to the Application.

Registration and User Profile

In order to be able to use the Application the User has to sign up and create its profile, by providing the User’s email and tax identification code (as assigned by the Romanian tax authorities) and to establish its passcode or other authentication method. After profile creation, You will receive an email from us with a confirmation link in order to activate its profile. In order to use the Application, you must be over 18 years old, be the owner of your business, and in case the User is an LLC or a family association (IF), you must be duly authorized to represent such LLC and family association (IF). The User agrees to provide to the Provider only accurate, truthful and current information and keep it up to date. The User represents and warrants that the User has the necessary authorization and power to register the profile on behalf of the User’s business. The User must keep its Application profile login information confidential and secure and the User must not share it with anyone. The User is solely responsible and liable for any and all activities that occur under its profile. The User agrees to hold harmless the Provider from any liability which the User may incur if someone else is using the User’s profile without permission. The User agrees to notify us immediately if someone else has accessed the User’s profile without authorization.

In order to ensure the validity and enforceability of the Agreement and to protect the interests of the Provider, or for some services if required by the law, we may apply customer due diligence measures. For this purpose, the Provider reserves the right to request, and the User agrees to provide, the data requested related to the User’s identity and professional powers of representation, as well as to the beneficial owner of the business, if the case, and to comply with the verification actions requested by the Provider. The Provider reserves the right to restrict access of entities that do not fulfill the conditions provided by the Terms.

User Content

The User may enter and upload to the Application or synchronize with text, numerical data, photos or other content, to the extent these features will be available in the Application. The User is solely responsible for any content the User provides to the Application and for any consequences thereof. The User may not enter or upload to the Application or synchronize with it unlawful content or content that infringes copyright or any other third-party rights. The User will not upload or provide any information or files which contain viruses, malware, spyware, or other materials that could damage the software or the operation of the Application. The Provider does not review the user content but reserves the right to remove or disable access to any user content for any reason. The Provider has no responsibility for the accuracy of the content the User provided to the Application or synchronized with it or which was created by the Application based on the User’s input. The User is solely responsible for backing up the content the User enters or uploads to the Application or synchronize with it.

No Professional Advice

Based on the User’s content, the Application may provide the User with personalized automatically generated suggestions/calculations relating to invoicing or commercial offers (ads). The User hereby acknowledges and agrees that (i) such suggestions/calculations or commercial offers do not constitute professional financial, tax, accounting, investment, business or any other professional advice, (ii) the Provider makes no representations or warranties of any kind related thereto and (iii) it remains at the User’s discretion whether to follow such suggestions/calculations. In no event shall Provider be liable for any damages caused to the User or a third person arising out of the use of such suggestions/calculations or commercial offers by the User. Furthermore, although the Provider uses its reasonable efforts to bring the Application’s features in line with the bookkeeping and invoicing standards applicable in Romania, there is no guarantee that all requirements will be always complied with. The Application only represents a record keeping tool and it is not supposed to fully replace the User’s own invoicing and bookkeeping responsibilities, as set out under the relevant law. The invoicing and bookkeeping obligations under the relevant laws (e.g., recording, tax reporting obligations) remain in the User’s charge directly and the Application is only designed to facilitate certain aspects of such processes (e.g., by the option to save the documents and have access to them at any time in the Application). The User acknowledges that some processes will not be available in the Application, such as rectification of already issued invoices and the service is offered “as is”. It is the User’s sole responsibility to comply with local law on tax and accounting requirements and to ensure that the User’s invoices and bookkeeping documents are made available to the competent tax authorities as requested, and any notification to the competent authorities, with respect to the use of an external invoice services provider, if applicable, is the User’s sole responsibility. There is no guarantee that the documents and operations produced in the Application will be in line with the User’s contracts or obligations to which the User is a party or are binding upon the User, in accordance with the relevant provisions of the Romanian tax laws. It is the User’s responsibility to ensure that its partners accept the invoices in the format made available in the Application and the User is further responsible to ensure that their transmission to the relevant counterparty is compliant with its contractual or legal obligations. Moreover, it is the User’s responsibility to ensure that the invoices are issued on due time and the Provider does not have any responsibility on this matter.

Use with Mobile/Computer Device

The Application is available through a compatible mobile/computer device, Internet access and compatible software, installed on mobile/computer device. The User agrees that the User is solely responsible for meeting these requirements, including any applicable changes, updates and fees as well as the terms of its agreement with its mobile/computer device and telecommunications provider.

Maintenance and Support

The Application is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Application, change the nature of the Application or modify or discontinue some of the features without prior notice to the User. The User acknowledges that Provider has no obligation to maintain or update the Application. Provider does not guarantee an uninterrupted provision of the services or absence of errors, bugs or inaccuracies of whatever nature. The Application or integrated third-party services may be temporarily unavailable due to maintenance, certain technical difficulties, or other events that are beyond Provider’s control, including force majeure events. In such cases, the Provider will not be held liable for such events or interruptions. In case of any questions, problems or suggestions, the User can reach the Provider via contacts provided hereafter, or via the customer support features as will be available in the Application. However, the User acknowledges that the support in relation to the use of the Application may be limited due to the limited capacity of the Provider.

Limitation of Liability

The Application and integrated third-party services are provided “as is” and “as available” without any express or implied representations or warranties of any kind except as set forth in the present Terms. Provider does not warrant that the Application and any its features or services will be uninterrupted, error-free, secure, comprehensive, complete, accurate or up-to-date or that all errors in the Application and any of its features or services can be found or corrected. The User expressly acknowledges and agrees that use of the Application and integrated third-party services is at its sole risk and therefore the entire risk, in particular as to satisfactory quality, performance, fitness for a particular purpose, accuracy, security and effort, remains solely with the User. The Provider is not responsible for any damage caused by viruses, bugs, human actions or any malfunction of the operating system, or any other errors, malfunctions or delays in communications in transmissions on devices, which affect the Application, for reasons not caused intentionally or by gross negligence by the Provider.

Any liability of the Provider under or in connection with the Agreement is limited to actual damages directly resulting from willful misconduct or gross negligence on the part of the Provider. In no event shall Provider be liable for any direct or indirect damages or losses, including without limitation, loss of use, data and profits, property damage or other intangible or economic losses, arising out of or related to the use of or inability to use the Application and integrated third-party services, especially due to any reason, even if Provider has been advised of the possibility of such damages.

Indemnity

The User agrees to indemnify and hold harmless the Provider, its employees, representatives, suppliers and agents (including but not limited to affiliates, subsidiaries, joint ventures, employees and third party service providers) in the event of a complaint, action, claim or other proceedings against the Provider, its employees, representatives, suppliers or agents, by a third party, by incurring related costs, damages and expenses (including legal fees) current or future, of any kind, direct or indirect, to the extent that such complaint, process, action or other proceeding against the Provider, its employees, representatives, suppliers or agents relies on or arises in connection with:

(a) the use of the Application by the User in violation of the Terms;

(b) a claim that any use of the Application by the User (i) infringes any intellectual property rights or any rights of a third party; or (ii) is defamatory or harmful or prejudicial to third parties;

(c) an action that leads to any unauthorized deletion, addition, insertion, amendment or use of the Application by the User; or

(d) any misrepresentation or breach of the representations or warranties made by the User and set forth in these Terms.

References in this section of the Terms regarding the use of the Application by the User are considered to include any use by a third party when such third party accesses the Application using the profile of the User (even if access is unauthorized).

Assignment

The User may not assign this Agreement or the rights or obligations resulting from it to any other person or entity without the prior written consent of the Provider.

The Provider may assign this Agreement or its rights or obligations resulting from it without the need for an additional consent from the User, as such consent is considered granted by accepting these Terms.

Third-party Services

The Application or its parts may integrate or otherwise include third-party services or content (including, but not limited to, the banking services). The User acknowledges that in addition to the Terms other terms and conditions may apply to its use of such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. The User must agree and comply with any applicable third-party terms (including payment terms) and other procedures (such as identification and verification) when using the Application.

Governing Law and Disputes

The Agreement shall be governed by the laws of Austria. All disputes shall be referred to the courts having a jurisdiction based on the registered address of the Provider.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose. The Agreement shall not be deemed an accession agreement and the User is free to offer its terms of agreement.

Complaints and Contact Information

Any questions, complaints or claims with respect to the Application should be directed to:

FAIRO GmbH

Address: Am Stadtpark 9, 1030 Vienna, A-1030 Vienna

Email: support.ro@fairoapp.com

Version last updated on 6.2.2023