Terms of Use
These Terms of Use (the "Terms") govern the website hosted at www.facilite.co/us (the "Site"), owned and operated by Facilite USA LLC (EIN 42-3033873, Orlando, Florida, United States) (the "Company"), licensed for use in connection with accounting and bookkeeping services provided by independent, partner accounting firms ("Partner Accounting Firms"), each acting within the scope of its own professional responsibilities. These Terms describe the rules that apply between the Company and every user who registers on the Site (the "User"), and govern all use of the Site by the User.
1. Purpose of these Terms
1.1 The Site is an online platform where individuals or businesses registered on the Site ("Users") can use software developed by the Company to (i) manage personal or business finances, and/or (ii) manage accounting services provided by Partner Accounting Firms.
1.2 The User may use the Site free of charge for personal or business financial management features, by completing the Basic Registration described in Section 1.6 below.
1.3 The Partner Accounting Firm that will provide accounting services to the User (or to a company in which the User is an owner or manager) is selected by the User on the Site. After accepting the accounting services agreement made available by that Partner Accounting Firm on the Site, the User must complete the Supplemental Registration and submit the required documentation described in Section 1.7 below, or any additional document requested by the Partner Accounting Firm.
1.4 Any agreement governing accounting services is entered into directly between the User and the Partner Accounting Firm, without the Company acting as a party. The Company's role is limited to facilitating the relationship between Users and Partner Accounting Firms and providing the technology used to exchange information and documents between them.
1.4.1 The Company does not provide accounting services and has no responsibility for the performance of either party under an agreement between a User and a Partner Accounting Firm.
1.4.2 The Company has no control over financial or accounting information exchanged between a User and a Partner Accounting Firm, and is not responsible for the accuracy of such information. Entering, verifying, and confirming the accuracy of data is the exclusive responsibility of the User.
1.4.3 The Company does not act, and is not authorized to act, as a representative of any User in any transaction, whether carried out through the Site or otherwise.
1.5 Every transaction between the Company and a User is governed by these Terms.
1.6 Basic Registration
To use the Site, the User must complete a registration ("Basic Registration"), which grants immediate access to the platform. Basic Registration requires:
- Full legal name of the User;
- Date of birth;
- Marital status;
- Occupation;
- A government-issued tax identification number (individual or business);
- Home or business address;
- A valid email address; and
- Any other data the Company may require for use of the Site.
The Company reserves the right to request documents supporting the information above.
1.7 Supplemental Registration
If the User wishes to engage a Partner Accounting Firm to provide accounting services to the User (if a business) or to a company in which the User is an owner or manager, the User must, after accepting the services agreement made available by that Partner Accounting Firm on the Site, complete the Supplemental Registration with all information and electronic documents (in PDF format) required by the Partner Accounting Firm, or any additional document requested by it.
1.8 Accuracy of information
The User represents that all information provided during registration is true and complete, under penalty of unilateral cancellation of the User's access to the Site and its content and features. The User agrees to keep such information up to date.
1.9 Access credentials
When registering, the User must provide the requested data and create a personal, confidential password.
1.9.1 The Company recommends that the User not share their password with third parties.
1.9.2 Any change to registration or billing data made using the User's password is the exclusive responsibility of the User.
1.9.3 The User acknowledges that the Company cannot fully verify the data provided by the User, and releases the Company from any liability, agreeing to indemnify the Company for any inaccuracy in registration data that causes damage to a Partner Accounting Firm or a third party.
1.9.4 The following depend on the User's access credentials: entering the User's or their company's financial data; generating any reports; and sending or receiving information and documents exchanged with a Partner Accounting Firm.
1.9.5 Use of a User's credentials by a third party, for any purpose, is the exclusive responsibility of that User.
1.10 Privacy and security
The Company undertakes to maintain the privacy and security of the User's registration data, as set out in Section 4.5 below and in the Site's Privacy Policy.
1.10.1 The Company will not disclose the User's registration data to third parties, except where necessary for billing.
1.10.2 The User's registration and billing data are kept in a restricted, password-protected record protected by security protocols.
1.10.3 The User authorizes the Company to send informational and promotional notifications related to the Services, by app push notification, email, SMS, WhatsApp, a notice on the Site, or any other available channel.
1.11 Death of the User
If a User passes away, their registration will be automatically cancelled, but any rights and benefits previously acquired under these Terms will transfer to the User's legally recognized heirs or successors. Heirs/successors must complete their own registration on the Site and request the transfer of benefits by emailing atendimento@facilite.co, attaching scanned copies of documents evidencing succession. A User account is non-transferable, even upon death, and improper use of a deceased User's account may be subject to legal action.
1.12 Suspension and cancellation
The Company reserves the right to suspend or cancel a User's registration, without prejudice to other remedies available at law, including indemnification for losses and damages, in the following cases:
- Failure by the User to fulfill any financial obligation to the Company, or to a Partner Accounting Firm through the Company;
- Failure by the User to fulfill any obligation under these Terms;
- By court order or order of a governmental authority;
- Discontinuation of the Site or of the Company's activities; or
- Provision of false information by the User during Basic or Supplemental Registration.
1.12.1 The User may cancel their registration at any time, without prior notice, by emailing atendimento@facilite.co.
1.13 General User obligations
By accessing and using the Site, the User agrees, in addition to any other obligation assumed under these Terms, to:
- use the Site in compliance with applicable law and these Terms;
- refrain from practices harmful to other Users, including anything that damages, disables, overloads, or impairs the Site, such as bots, unsolicited commercial email (spam), viruses, or denial-of-service tools;
- refrain from using the Site for any commercial or other purpose not permitted by these Terms;
- refrain from copying, storing, or otherwise accessing information on the Site for purposes not expressly permitted by these Terms;
- not infringe the rights of any individual or entity, including intellectual property, privacy, publicity, or contractual rights;
- not use the Site to transmit, distribute, post, or submit information about any other individual or entity without permission, including personal, credit, or financial information;
- not register more than one User account, register on behalf of a third party, impersonate another User or person, or falsely claim to represent an entity;
- not recruit or solicit any Company employee to work for or collaborate with a competing entity, service, or website;
- refrain from posting, uploading, publishing, or transmitting any content that infringes intellectual property or privacy rights; encourages unlawful conduct; is fraudulent, false, or misleading; is defamatory, obscene, or offensive; promotes discrimination, hatred, or harassment; is violent or threatening; or promotes illegal or harmful activities or substances;
- refrain from copying the visual layout, design, name, brand, logo, or any proprietary element of the Site;
- refrain from accessing, interfering with, or using restricted areas of the Site or the Company's systems;
- not attempt to hack, test the vulnerability of, or otherwise breach the security of the Site or any Company system;
- not attempt to decipher, decompile, disassemble, or reverse engineer any software used in connection with the Site or the Services; and
- not encourage any individual or entity to engage in any of the conduct described above.
1.13.1 The Company may investigate and pursue any appropriate legal remedy against a violation of the conduct described above, including cooperating with law enforcement or regulatory authorities.
1.13.2 The Company reserves the right, at any time and without prior notice, to restrict a User's access to any part of the Site that the Company, in its sole discretion, considers questionable, in violation of these Terms, or otherwise harmful to the Site.
1.13.3 The Company is not responsible for data entered by the User, and undertakes to provide reliable information to support the financial analysis and accounting services rendered by a Partner Accounting Firm.
1.14 Legal capacity
The User represents, by accessing the Site, that they are at least 18 years old or an emancipated minor, and that they have full legal capacity to be bound by these Terms. Access to and use of the Site by individuals without full legal capacity is expressly prohibited; legal guardians are responsible for preventing such registration.
2. Use of the Site for Partner Accounting Firm Services
2.1 Upon initial registration, the Company makes available to the User, free of charge, invoice issuance, a document center, payments, purchase invoice tracking, and a financial management dashboard. Services such as issuing financial statements, ledgers, balance sheets, and annual results; applying applicable accounting standards; cash-book management; guidance on applicable regulations; bookkeeping of statutory records before tax authorities; payroll processing and related filings; and issuing or importing sales invoices are provided by the Company's technology, but only made available to the User once the User has engaged a Partner Accounting Firm as described below.
2.1.1 Once Supplemental Registration is complete and the Partner Accounting Firm's services are engaged, the User may use the Site to: register and/or send information and documents relating to their (or their company's) operations to the Partner Accounting Firm, so it can provide the contracted accounting services; upload documentation requested by the Partner Accounting Firm; access, view, and download reports, financial statements, and other documents made available by the Partner Accounting Firm; access the invoicing environment; and pay for the Partner Accounting Firm's services directly on the Site or through a partner payment gateway, as described in Sections 2.5 through 2.7.
2.2 The User and the Partner Accounting Firm are each solely responsible for fulfilling their respective obligations under their services agreement; the Company has no responsibility for the execution or performance of that agreement by either party.
2.2.1 The User acknowledges that the Company is always authorized by the Partner Accounting Firm to collect any amounts owed by the User to that firm.
2.2.2 When the User engages a Partner Accounting Firm, the User acknowledges that the Company is the entity engaged by that firm to manage collection of its fees, and that Supplemental Registration will only be activated - allowing the Partner Accounting Firm to begin providing services - once payment of the corresponding fees has cleared, as indicated on the Site.
2.2.3 The User acknowledges they must provide billing information, such as name, billing address, and payment details, to the Company or to third-party payment processors.
2.2.4 The User acknowledges that accepted payment methods are those indicated on the Site at the time Supplemental Registration is completed, and authorizes charges under the accounting services agreement to be made through the Site, whether directly or through a payment gateway.
2.2.5-2.2.6 Whenever payment involves a third-party payment gateway or payment facilitator ("Partner Payment Providers") responsible for collecting the User's financial data and processing payment, the User will be redirected to that Partner Payment Provider's site. From that point, the Partner Payment Provider becomes solely responsible for the User's financial registration, compliance with applicable privacy and security requirements, and processing of the payment, prior to remittance to the Company.
2.2.7 The User acknowledges that Partner Payment Providers are independent from the Company, and that all steps of the payment process occurring on a Partner Payment Provider's site take place outside the Site and outside the Company's control, releasing the Company from any liability, even subsidiary, for any harm arising from the payment process once redirected.
2.3 Accepted payment methods and available Partner Payment Providers will always be disclosed on the Site.
2.4 The User acknowledges that the Company is authorized to suspend the User's access to the Site for the purposes described in Section 1.1 in any case where such suspension is provided for in the accounting services agreement.
3. Promotions
The Company reserves the right to establish time-limited promotions and benefits, and may cancel or modify them at any time, without prior notice.
4. Limitation of Liability
4.1 Use of the Site constitutes the User's full understanding, acceptance of, and adherence to these Terms.
4.2 By using the Site, the User agrees to comply with every clause and condition of these Terms.
4.3 By engaging a Partner Accounting Firm or using any other feature of the Site, the User represents that they are aware of all applicable terms and conditions regarding use, payment, and deadlines, as set out in these Terms and in the applicable accounting services agreement.
4.4 The Site may contain links to partner or advertiser websites unrelated to the Company. Access to such links is at the User's sole discretion and risk, and the Company has no liability for such access or for any resulting damage.
4.5 The Company will use commercially reasonable efforts, consistent with industry best practices, to maintain the confidentiality and security of the User's registration information. However, if, despite those efforts, an unauthorized third party gains access to such information, the Company is not liable for any resulting loss or damage.
4.5.1 Any attempt to breach the Company's systems or databases will subject the offender to applicable legal sanctions.
4.6 The User must configure their own systems so as not to affect the integrity or availability of the systems the Company built to operate the Site. Altering, editing, or blocking Company-generated content, or otherwise interfering with the operation of the Site, is expressly prohibited.
4.7 The User acknowledges that, due to operational matters such as updates or temporary technical issues, the Site may become temporarily unavailable, releasing the Company from any liability for damage arising from such temporary unavailability.
4.8 If the User chooses to disclose their password to a third party, the User expressly agrees that the Company is released from any liability for losses or damages resulting from third-party access to the User's data using that password.
4.9 The Company is released from liability for any damage caused by a failure to comply with Section 1.13.3, which is the User's exclusive responsibility.
4.10 Whenever the Company is released from liability, the same release applies, to the same extent, to the personal liability of its officers, managers, employees, subcontractors, and agents.
4.11 The User agrees to release the Company from liability, and to indemnify and hold harmless the Company, its officers, managers, employees, and subcontractors, from any claim, action, or proceeding, judicial or administrative, brought by the User or by a third party arising out of (i) the User's access to or use of the Site, (ii) the User's violation of these Terms, or (iii) the User's interaction with a Partner Accounting Firm.
5. Cancellation and Refunds
5.1 If a User cancels their agreement with a Partner Accounting Firm, the User is not entitled to a refund of amounts paid, and is only entitled to continued accounting services already paid for through the end of the month in which cancellation is requested, as set out in the accounting services agreement.
5.1.1 Notwithstanding Section 5.1, if the accounting services agreement provides for cancellation with a refund of amounts paid, the Company is obligated to comply with that provision and process the refund to the User on behalf of the Partner Accounting Firm.
6. Final Provisions
6.1 These Terms constitute the entire agreement between the User and the Company regarding use of the Site, superseding any prior understanding and any earlier version of these Terms.
6.2 The Company reserves the right to amend these Terms at any time, in its sole discretion, provided the most current version remains available on the Site in an easily accessible location, indicating the date of the last update.
6.2.1 If the User continues to access the Site after an update to these Terms, the User is deemed to unequivocally accept the Terms then in effect, as amended.
6.2.2 If the User disagrees with the updated Terms, the User must discontinue use of the Site.
6.3 If any clause of these Terms is held invalid, unenforceable, or void, that finding will not affect the validity or enforceability of any other clause.
6.4 The User may not assign or otherwise transfer to a third party any right or obligation arising from these Terms.
6.4.1 The Company, however, is authorized to assign or transfer to a third party, in whole or in part, the rights and obligations arising from these Terms.
6.5 All trademarks, logos, names, and other proprietary designations of the Company used on the Site are the Company's registered trademarks.
6.5.1 Other trademarks, logos, trade names, and proprietary designations used on the Site belong to their respective owners.
6.6 All payments for transactions carried out through the Site are made in the currency indicated at checkout for the User's region; card issuers apply their own conversion rules where applicable.
6.7 These Terms are governed by the laws of the State of Florida, United States.
6.8 For questions or further information about the Site, Users may contact atendimento@facilite.co.
6.9 Any dispute regarding the interpretation or application of these Terms, or otherwise involving the parties arising from use of the Site, will be resolved exclusively before the state and federal courts located in Orange County, Florida, with express waiver of any other forum, however privileged.