Terms and conditions

Hello, we are Talenom and we are so glad you are here.

In this document you can find the basic conditions that will regulate the provision of our services. Thus, we ask you to take a few minutes to read them carefully. In case you need to clarify any point, do not hesitate to contact our team through the email: ayuda@talenom.com

Before continuing, we introduce ourselves: we are TALENOM S.L.U. (hereinafter, «TALENOM«), with NIF no. B-66461351, registered in the Registry of Barcelona in volume 48422, folio 106, page B-466053, with address in Barcelona (C.P. 08006), Avenida Diagonal, number 532, 7th Floor, website: https://talenom.com/es-es. We have a data protection officer, called Vanessa Ferrari Teixeira, whom you can contact through the following e-mail: protecciondedatos@talenom.com

Talenom offers you powerful billing software (the «Software«) that will make your day-to-day life easier.

In addition, we have accounting, legal and labor services to manage your company in an integral way and with the peace of mind of having a team of experts by your side (the «Services«). You may access the Services from our website (the «Site«) or mobile application (the «App«).

In addition to these Terms and Conditions, we have a separate Privacy Policy that will explain how we collect and use your personal data. Please take a look at that as well. It is also important that you read our Legal Notice, where you will find more information about us, as well as in relation to the use of our website. Another important document is our Cookies Policy, also available on our website, which aims to inform you about the cookies we use.

These Terms and Conditions, the Legal Notice, the Cookies Policy and the Privacy Policy (the «Legal Documents«) together form the legal basis for your visit and use of the Website and Services. The contracting of the Software and our Services implies your agreement and acceptance of the Legal Documents.

By the way, when we use the word «You«, we mean both you as a person and the entity you may represent here.

These Terms and Conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. We reserve the right to modify these Terms and Conditions whenever necessary and in order to adapt them to the current legislation applicable at all times.

Who do we offer our services to?

Our services are offered to the following profiles:

#	Talenom	Talenom One	Talenom Pro
	Software	Software + Standard accounting, tax and labor management services	Software + Personalized services of accounting, tax and labor management + Legal services
Entities:	Autonomous Enterprises	Autonomous Enterprises	Autonomous Enterprises Individuals
Employee Limit	There’s none	Maximum 10 employees.	There’s none
Maximum annual billing limit	There’s none	Up to 200.000€	There’s none
Maximum annual invoice limit	There’s none	Up to 250	There’s none
Limitations:	There’s none	– Entities with headquarters or activities in the Canary Islands, Navarra, Ceuta or Melilla. – Companies or freelancers with cash criterion regime. – Entities that present SII – Immediate Supply of Information. – Entities that are framed in the simplified VAT collection regime, the IOSS – Import One Stop Shop. – Entities that make operations with cryptocurrencies or cryptoactives. – Entities that have a bank account in foreign currency. – Entities that have affiliates or subsidiaries in Spain and/or abroad. – Entities that practice investment activities. – Entities that have cost centers. – Entities that require reports or analytical reports. – Non-resident self-employed.	There’s none

What do you need to access the services?

1. Your equipment and connections:
   
   You are responsible for the operation of your hardware and software, as well as the operation of your Internet connection. You need to make sure that data security is properly addressed in your systems. We have the right to deny access to the Service if your hardware, software or Internet connection poses a danger to the security or operation of the Service.
   
   For a correct development of the Software, it will be necessary:
   
   • In the case of the Web:
     • Have a computer or tablet with internet access. Supported browser: Safari version 13 or higher, Edge version 79 or higher, Chrome version 49 or higher, and Firefox version 50 or higher.
     • The web does not immediately disconnect when you minimize it or close the tab. The session remains active. For your security, TALENOM recommends closing the session when the operation through the Web is finished using the Log Out option available through the Web Profile section.
     • For any non-consultative operation, a verification key will be required.
   • In the case of the App:
     • Have a smart mobile phone, with iOS 12 or Android 6, or higher, and Internet access.
     • Download the App from the respective Apple and Google services (App Store, Google Play).
     • The App allows you to opt for the activation of Push Messaging and the Synchronization of data and information as follows:
       • Push messaging.
         • The activation of the push messaging service of the App implies that all the Notices considered of interest to you will be sent through the notification service of the device’s operating system. You can consult them from the message box within the App and also in the notification center.
         • All TALENOM messaging using this notification system is free of charge.
         • In order for you to receive the messages, you must have access to the Internet (you must take this into account if you disconnect data by roaming on visits abroad).
         • You can revoke your consent to receive push messaging at any time through the same App.
       • Synchronization
         • The use of the App allows the synchronization of data and information managed by you on your mobile terminal and the Web. You are aware of and consent to such synchronization and transfer of information between the Web and the mobile device.
           
2. Registration and Subscription:
   
   It will be necessary for both the web and the App:
   
   • Register by providing name, surname, telephone number, an email account that will be used to identify the user, as well as the data of your business activity
   • Accept Legal Documents.
   • After the trial period, you will need to choose a plan and provide the card details linked to the charge account of the respective subscription or the IBAN number for direct debit, if you choose this payment method.
   • Inform if you are a Politically Exposed Person.
     For the purposes of Law 10/2010, of 28 April, a politically exposed person shall be understood as:
     Persons who have been or have been entrusted with important public functions, such as Heads of State, Heads of Government, Ministers or other members of the Government, Secretaries of State or Under-Secretaries; Members of Parliament; Judges of supreme courts, constitutional courts or other higher judicial bodies whose decisions are not normally subject to appeal, except in exceptional circumstances, including equivalent members of the Public Prosecutor’s Office, shall be considered to be persons of public responsibility; members of the courts of auditors or boards of directors of central banks; ambassadors and chargés d’affaires; senior military personnel of the armed forces; members of the administrative, management or supervisory bodies of public undertakings; Directors, Deputy Directors and members of the Administrative Board, or equivalent function, of an international organisation; and senior officials of political parties with parliamentary representation.
     The following shall also be considered politically exposed persons:
     a) Persons, other than those listed in the previous section, who are considered senior officials in accordance with the provisions of article 1 of Law 3/2015, of March 30, regulating the exercise of senior positions in the General State Administration.
     b) Persons who hold or have held important public positions in the scope of the Autonomous Communities, such as presidents and councilors and other members of the Governing Councils, as well as persons who occupy positions equivalent to those listed in letter a), and regional deputies and senior managers in political parties with autonomous representation.
     c) At the Spanish local level, mayors, councilors and persons occupying positions equivalent to those listed in point a) in municipalities that are provincial or autonomous community capitals and in local bodies with more than 50,000 inhabitants, as well as senior management positions in political parties represented in those districts.
     d) Senior management positions in Spanish trade union or business organizations.
     e) Persons who perform important public functions in international organizations accredited in Spain.
     None of the categories provided for in the preceding paragraphs shall include public employees of intermediate or lower levels.
     All family members and close associates of the above-mentioned persons are also considered politically exposed persons. A member of the family shall be considered to be a spouse or a person with a stable relationship of similar affectivity, as well as parents and children, and spouses or persons with a stable relationship of similar affectivity to children. Any natural person who is known to own, control a legal arrangement or a legal person jointly with a person subject to civil liability, or who has other close business relations with that person, or who owns or controls a legal arrangement or a legal person known to have been created for the benefit of that person, shall be deemed to be closely connected with that person.
   • Optionally, you can register in the Afterbanks service to add a bank account, as long as it corresponds to one of the collaborating banks of Afterbanks.

If you have any problems with your name and connection, you should contact TALENOM through the email address: ayuda@talenom.com. TALENOM may require certain information from your profile or additional to it, to establish and / or confirm identity, perform an analysis of the problems reported to us and to be able to offer an appropriate response in such circumstances.

What services are offered by Talenom?

1. Talenom. It is a billing and accounting software as a service (SaaS) for businesses (the «Software«).
   • TALENOM grants You a non-transferable, non-exclusive license to use the Software solely under these Terms and Conditions and any other related documentation.
   • Use of the Software is permitted during uninterrupted hours (24×7, every day of the year).
   • The Software has the following functionalities:
     • Create and import Income and Expense Invoices in digital format through the functionalities of the Web and / or digitize Tickets and Expense Invoices in paper format in the case of App. The captured Tickets and Invoices are treated by an OCR (optical character recognition) procedure through which the relevant data is extracted (issuer and receiver of the invoice, date, concepts, tax base, associated VAT, IRPF, total amount and contact information). You should always review the information extracted from the Tickets and Invoices. TALENOM will not be responsible for the classification of your expenses and income, except as otherwise provided in the hiring of Talenom Pro.
     • Create and import Invoices Income and Expenses in digital format through an email mailbox, enabled using as authentication the registered email account of each user, to later treat by the same OCR procedure the extraction of data described in the previous section. You should always review the information extracted from the Tickets and Invoices. TALENOM will not be responsible for the classification of your expenses and income, except as otherwise provided in the hiring of Talenom Pro.
     • Manually enter on the Web or in the App the data – invoice number, concept, client, tax base, VAT, IRPF and total amount -of Income and Expense Invoices.
     • Visualize the estimated taxes to be settled quarterly and annually, from the dynamic calculation of them through the data collected. TALENOM will not be responsible for the correct presentation of your taxes, except in the case that the services of Talenom One or Talenom Pro are contracted
     • Bank aggregation to connect to the bank account specified by the user in order to reconcile bank movements with sales or expense invoices stored on the platform.
     • Export the digitized Tickets and Invoices through a link for download along with a summary in standard data format such as csv or excel. The download link will be available for 4 hours.
     • Create budgets, proformas and delivery notes manually.
     • Create and store customer, supplier and employee contacts, as well as product or service sheets.
     • Create e-invoices.
   • The Software is available for the activity of workers under the regime of self-employed, small and medium-sized enterprises (according to the definition established in Commission Regulation (EU) No 651/2014, of June 17, 2014), with the development of their professional and / or commercial activities in Spain.
   • TALENOM reserves the right to make the modifications it deems appropriate to the software, being able to modify, delete and include new content and / or services, as well as the way in which they are presented and located.
2. Talenom One
   • The Talenom One service package comprises Talenom software and tax management services, consisting of:
     • The presentation to the State Tax Administration Agency (AEAT), administration or competent body in Spain of quarterly taxes and annual summaries related to the activity. Specifically, and always according to the activity carried out by the User, the following models will be presented, subject to their express agreement:
       • Form 111 – Quarterly Personal Income Tax for self-employed workers;
       • Model 115 – Withholding rent;
       • Form 130 – Payment on account of Personal Income Tax;
       • Form 180 – Annual summary withholdings;
       • Form 190 – Annual Personal Income Tax Summary;
       • Form 303 – Self-assessment VAT;
       • Form 347 – Annual declaration with third parties;
       • Form 349 – Intra-Community transactions; and
       • Form 390 – Annual summary VAT.
     • For small and medium-sized companies, the preparation and presentation of Corporation Tax is also included.
     • The preparation and presentation of the aforementioned models electronically through the Electronic Office of the AEAT in its name and representation.
     • The keeping of the accounting books of the entity, for small and medium-sized enterprises.
     • Carrying out unlimited consultations, exclusively to solve doubts related to the presentation of the tax forms identified above.
     • Support by phone or email, with a response time of up to 48 working hours. For these purposes, the following hours of operation are established for all channels: Monday to Thursday from 9 a.m. to 5:30 p.m., Friday from 9 a.m. to 2 p.m.
     • In this service plan you will not have a single manager assigned to your business. You will be attended by the manager who is available at the time.
   • Additional fees will be applied for tax management under the following conditions, depending on the time of subscription:
     • If the subscription is made between December 20 and February 1 of a calendar year, the Tax Management Service does not include the presentation of the 4th Quarter or the annual Summaries relevant to the settlements that must be made according to the tax calendar of the Tax Agency during that period.
     • If the subscription is made between March 20 and April 20, the presentation of the respective models to the 1st quarter of the current year is not included.
     • If the subscription is made between June 20 and July 20, the Tax Management Service does not include the presentation of the respective forms to the 2nd quarter of the current year.
     • If the subscription is made between September 20 and October 20, the presentation of the respective models to the 3rd quarter of the current year is not included.
   • Recruitment promotions that may be carried out for new customers are only applicable once.
3. Talenom Pro. It is the Talenom Software plus the services of tax, accounting and labor management, as well as legal advice, customized for your business. These services are subject to a personalized proposal, which is requested through direct contact with your advisor and is not available for contracting through the Software.
4. Extra Services. In addition to the services included in each of the packages detailed above, we also offer the following additional services, which can be added to the Talenom One and/or Talenom Pro subscription:
   • Form 120 – Capital gains tax.
   • Form 210 – Income for non-residents.
   • Form 349 – Intra-community operations.
   • Form 600 – Tax on property transfers and documented legal acts.
   • Form 720 – Declaration on assets and rights located abroad.
   • Quarterly model not included in the plans, such as, for example, models 123, 309, 369, among others.
   • Annual model not included in the plans, such as, for example, the summaries of the quarterly models not included.
   • Bank of Spain model for investments abroad, such as, for example, D1A, D1B, among others.
   • Presentation previous quarter, in arrears, for cases in which you hire us after the submission deadline.
   • Simple tax requirements. Documents that are prepared simply with information available in our system are considered simple. Any request that requires the preparation of a letter by our advisors will be subject to a separate proposal.
   • Autonomous registration with cl@ave PIN.
   • Autonomous registration with digital certificate.
   • High in Treasury.
   • Registration in Social Security.
   • Form 030 – NIF Registration in the Treasury.
   • Beckham Law, includes only the presentation of the model, without any legal analysis regarding the adequacy or not of the profile to the requirements of the law.
   • Forms 036 and 037 – Census modification in the Treasury.
   • Leave self-employed.
   • Digital certificate.
   • Tax or Social Security Certificate.
   • Labor Services.

How long will i have access to the services?

1. Duration and Termination:
   The provision of the Services has an indefinite duration.
   
   For your part, you may unsubscribe at any time, unilaterally. For that you must delete your account on the Web itself. Once your account is deleted, all of your content may be deleted after thirty (30) days. In the event of cancellation of  the Services, You will be responsible for the filing of Your returns and taxes that must be filed after the cancellation of the Service.
   
   Without prejudice to the liability for damages that may arise, TALENOM may, immediately and without prior notice, terminate and terminate its relationship with you, interrupting your access to the Software and its corresponding Services, if it detects a use thereof contrary to these Terms and Conditions.
   
   These Terms and Conditions will be reviewed periodically. It is advisable that you consult it frequently on the Web. Your continued use of the Software and/or Services, once the terms of these Terms and Conditions have been changed and You have been notified of such change, shall be deemed acceptance of the new terms and conditions. If you do not agree with the proposed modifications, you must unsubscribe, allowing TALENOM to terminate the contract immediately and at no additional cost due to the resolution.
   
2. Right of Withdrawal:
   Exclusivelyin the event that you have the status of consumer (that is, when you act for a purpose unrelated to your business or professional activity), you will have a period of fourteen (14) calendar days, from the date of subscription, to withdraw from the Services related to the contracted subscriptions, provided that the provision of services has not begun, without indication of the reasons and without any penalty. To exercise the right of withdrawal, you must send a written communication to ayuda@talenom.com.

How much do the services cost?

1. Prices of the Services:
   • The price for the subscription to the Software varies according to the limit of use of the services included in the plan. In the following link you can consult in detail these limits: Talenom software subscription plans. The prices of the plans are as follows:
     
     • Basic Plan: 12€/month
     • Essential Plan: 19€/month
     • Advanced Plan: 24€/month
       
   • To contract Talenom One, you must choose one of the 3 subscription plans for the Software and, in the case of freelancers, the value of the accountancy services will be € 39 / month and, for small and medium enterprises, € 140 / month.
     
     The contracting of services in annual mode, both subscription plans and in accountancy have a 10% discount.
     
     You can hire extra services on the platform itself, for the prices indicated there.
     
     Talenom Pro services are customized to your needs. In this sense, they will be the subject of a separate service proposal and the prices, as well as their form of payment will be indicated in said proposal.
     
     Talenom reserves the right to modify the rates unilaterally and at any time, without granting such change any right to compensation on your part.
     
     The prices and rates indicated do not include any third party services, fees or taxes.
     
2. Payment Method for Services:
   
   A valid bank card or account number is required to make payments. The price of the Services will be charged periodically (on an annual or monthly basis depending on your choice of subscription).
   
   The contracted Service will be charged each month in advance, without being refundable.
   
   The monthly and annual installments are billed periodically according to the chosen subscription, taking the day of contracting as a reference for the beginning of the billing cycle. In case of return, the expenses generated by non-payment of the direct debit bill will be at your expense.
   
   In the case of cancellation of a monthly subscription, the amounts due will be charged until the month of the cancellation request. In the case of cancellation of an annual subscription, the cancellation will take effect from the end of the contracted year. TALENOM will not make refunds for partial months of the Service, nor will refunds be made in case of non-use of the Service by you.
   
   TALENOM will issue the corresponding invoice according to the subscription contracted by you.
   
   Any amount not received by TALENOM on the due date of the invoice will be considered overdue. For any amount due, the legal default interest in force at the time of maturity will accrue.
   
   In the event of non-payment of any invoice, you may not unsubscribe unilaterally. You must first make the payment of all the amounts due, including default interest and management fees, and then terminate the Agreement, without prejudice to TALENOM, at its discretion, suspending the Services or terminating the contract, and also take the appropriate measures to ensure payment.
   
   Your data may be deleted after thirty (30) days from the date of non-payment and TALENOM reserves the right not to register you again.

What are my commitments?

You must:

(i) Make payments for the Services and for the subscription on the agreed dates.

(ii) Guarantee the veracity of the information, data and documentation informed, as well as that posted in the Software and keep it updated, truthful, true, accurate, complete and correct. TALENOM will not be responsible for cases in which the information and or documentation is not true, complete and current. In this sense, you must, among others, provide the correct information in each of the invoices uploaded to the TALENOM system, ensuring that the information provided complies with the faithful image reflected in the original documents and are well cataloged.

(iii) Provide the information, in a timely manner, in order to ensure the correct execution of the Service, as well as immediately inform its manager of any communication received from the Administration that may affect the Services.

(iv) Not to assign to third parties, without the prior and express written consent of TALENOM, access to the Software and  the contracting of the Service.

(v) Allow TALENOM to subcontract the Service to third parties. Such subcontracting may entail the transfer of the data strictly necessary to the User to develop the Service.

(vi) Act on behalf of itself, and that of the Legal Entity it represents, that of employees and contractors under its charge, as well as authorized users, affirming to have informed them of the Legal Documents, and declaring that it has sufficient authority, legal capacity and legitimacy in force to grant the aforementioned consent on behalf of those persons.

(vii) Use the contents in accordance with the terms expressed in the Legal Documents, limiting themselves to the purposes of their business and  refraining from  using them for purposes or effects contrary to law, morality, public order and generally accepted good customs.

(viii) Authorize TALENOM to collect your personal data or authorized users linked to you, with respect to the conditions set forth in the Legal Notice and the Privacy Policy set forth on the Web.

(ix) Respect the intellectual property rights of TALENOM as well as the rights it holds against third parties. In that regard:

a. You acknowledge that all elements of the Web, the App, the Software and each of the Services provided by Talenom, as well as all the information and materials contained therein, the structure, selection, arrangement and presentation of its contents and the computer programs used in relation to it, are protected by intellectual and industrial property rights of TALENOM or third parties.

b. You may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph.

c. In particular, it is strictly forbidden to use the texts, images, advertisements and any other element included in the TALENOM website for its subsequent inclusion, in whole or in part, on other external websites without the prior written authorization of TALENOM.

d. You shall use the materials, elements and information accessed through the use of the Software and each of the corresponding Services solely for your own needs, and you agree not to directly or indirectly commercially exploit the Services or the materials, elements and information obtained through them.

e. You must refrain from deleting the identifying signs of the rights (intellectual, industrial or any other property) of TALENOM or of the third parties that appear on the website and in the App and in each of the various Services offered through it. Likewise, you must refrain from circumventing or manipulating any technical devices established by TALENOM or by third parties, whether in the Software, on the web or App, in any of the Services or in any of the materials, elements or information obtained through it, for the protection of your rights.

Exclusion of Warranties and Liability

You will be liable for damages of any kind that TALENOM may suffer directly or indirectly, as a result of the breach of any of the obligations arising from the Legal Documents in relation to the use of the Software, the web and / or App or any of the Services.

Likewise, you must hold TALENOM harmless against any sanction, claim or demand that may be filed by a third party, including any public bodies, against TALENOM, its employees or agents as a result of the violation of any rights of third parties by you, through the use ofthe Software, the Web or App or the Servicesin a manner contrary to the provisions of Legal Documents or applicable law.

TALENOM shall not be liable, directly, indirectly or subsidiarily, for any loss or damage, including loss of profits, which it would have to bear for breach of its responsibilities, as well as for:

a) Failures in the availability, access and continuity of the operation of the Software, the Web or the App, nor the services provided through them, nor technical link devices.

b) Deffect or damages arising from incorrect or unauthorized use of the Software, the Web, the App and the Services.

c) The impossibility of using the Services for reasons beyond its control, as well as, without limitation, (i) any incident or incident with its hardware and software; (ii) any incident attributable to Internet services or telecommunications lines; and in general to (iii) any malfunction or action not directly attributable to TALENOM and its employees.

d) Thetax obligations that correspond to the User, as a result of the non-acceptance, by the Tax Agency, or the non-deductibility of invoices entered in the Software or sent to the managers. In any case, Talenom undertakes to provide the necessary advice, prior to your consultation, in case of any doubt you may have regarding the deductibility of expenses according to current regulations.

e) Thelack of veracity and accuracy, completeness and / or authenticity of the data and information provided by you, or the impersonation of a third party in any kind of action throughthe Software, the W eb or the App. By way of example, but not limited to, TALENOM will not be responsible for:

In any case, TALENOM’s liability will always be limited to the total amount of the services contracted by you, and will not exceed the amount paid by you for the contracting of the Services. In this sense, the maximum amount to be compensated by TALENOM will correspond to the sum of the benefits paid within a period of 12 months for the Services. In no event shall TALENOM be liable to compensate you in amounts exceeding such amount (the sum of benefits paid within a 12-month period for the Services).

A. Applicable legislation and dispute resolution:

All matters relating to these Terms and Conditions are governed by Spanish law and are subject to the jurisdiction of the competent courts and tribunals of the Kingdom of Spain.