Terms of service

1. Who provides the service

The service is provided by:

• Provider: Lebediev Tymofii
• NIF: Z0361888B
• Address: Calle Valparaíso 7, 6º B, 33008 Oviedo, Asturias
• Email: legal@trimestria.es

These details are given under article 10 of Law 34/2002 on information society services and electronic commerce (LSSI).

2. What Trimestria is

Trimestria is online software for a self-employed person (autónomo) in Spain to keep their books of income and expenses, issue invoices, store their documents and prepare their tax returns from what they record.

Today the service is free. If any part of it becomes paid in the future, we will tell you in advance and charge you nothing without your express acceptance.

3. What Trimestria is not

• Trimestria is not your adviser (asesor) or your gestor, and it gives no personalised tax, accounting or legal advice. It does not tell you which regime, deduction or legal form suits you.
• Amounts are calculated from the data you record, with rules we built from the legislation and from official sources. These calculations have not been verified by an independent tax expert and may contain errors.
• You are responsible for the data you enter, for reviewing each return before you file it, for filing and paying it on time and for its consequences before the Tax Agency. If in doubt, consult a professional.
• Today the application files no returns with the Tax Agency: it prepares the information, and you do the filing.

4. Your account

You need an account to use the service. You must be an adult and give us true details.

Keep your credentials secret. You are responsible for what is done with your account; if you suspect misuse, change the password and write to us.

5. Acceptable use

When you use the service you may not:

• use it for unlawful purposes or to keep the books of an unlawful activity;
• try to reach other people’s accounts or data, or get around the security measures;
• overload it, or reach it in an automated way outside the application itself;
• upload malicious software or content that infringes the rights of others;
• enter data about other people without a legal basis to process it.

6. Your data and the data of others

Your data is yours. You allow us to process it only to provide the service, as the Privacy policy explains. You can download the data of your business at any time from Settings, Your data.

As to the personal data of others that you record, such as your clients or suppliers, you are the controller and we are the processor, under article 28 GDPR. In particular:

• we process it only to provide the service and on your instructions, which are those you give by using it;
• those who have access to it are bound to confidentiality;
• we apply the security measures the Privacy policy describes;
• we use only the sub-processors listed in the Privacy policy, and we will tell you before adding others so that you can object;
• we help you answer the rights of those people and will tell you without undue delay of any security breach that affects them;
• when the service ends you can download it, and we will delete it except what the law requires to be kept;
• we make available to you the information needed to show that we meet these obligations.

7. Availability and changes to the service

We work to keep the service available and working well, but we cannot guarantee it will be free of interruptions or errors. We may interrupt it for maintenance or for causes beyond our control.

The service evolves: we may add, change or withdraw features. If we withdraw something significant, we will tell you in advance and you will be able to download your data.

8. Liability

We are liable for damage we cause by wilful misconduct or gross negligence, and for any damage whose liability the law does not allow to be excluded.

We are not liable for the consequences of incorrect or incomplete data you enter, of returns filed without review, of surcharges or penalties for filing or paying late, or for indirect damage such as loss of profit.

Nothing in these terms limits the rights a mandatory rule of law gives you.

9. End of the service and of your account

You can stop using the service whenever you wish and ask us to close your account by writing to legal@trimestria.es.

We may suspend or close an account that seriously breaches these terms. Except in an emergency or where the law forbids it, we will tell you first and you will be able to download your data.

When an account is closed, what the Privacy policy says about keeping data applies.

10. Changes to these terms

We may change these terms. We will publish the new version here with its date and, if the change is significant, let you know in the application at least fifteen days before it applies. If you do not agree, you can close your account before that date.

11. Governing law and courts

These terms are governed by Spanish law. For any dispute the parties submit to the courts of the domicile of the provider of the service, unless a mandatory rule sets another forum.

12. Contact

If you have questions about these terms, write to us at legal@trimestria.es or from Help in the application.