Terms of Service

1. Parties and acceptance

These terms are a contract between SIGNIADIGITAL S.A. (“Flashpi”, “we”), RUC 0993411372001, with its registered address at Av. J. Orrantia 106 y J. L. Benítez, edificio Elite Building, piso 1, parroquia Tarqui, Guayaquil, Guayas, Ecuador, and the natural or legal person who creates an account or uses the service (“the customer”, “you”).

You accept them by creating an account, by ticking your acceptance or by using the API. That electronic acceptance has the same validity as a signature on paper, under Ecuador’s Law on Electronic Commerce, Electronic Signatures and Data Messages. If you accept on behalf of a business, you confirm that you have authority to bind it.

2. Business use

Flashpi is a service for businesses and professionals with a RUC who use it as part of their economic activity, to issue their own documents or their customers’ documents. By using it you confirm that you act for that purpose.

3. The service

Flashpi offers an API and a console to generate electronic tax documents, sign them with the issuer’s certificate, send them to the SRI, check their authorization, generate the RIDE PDF, email it to the buyer and notify status changes through webhooks. There are two environments:

• Sandbox: uses the SRI’s test environment. Its documents have no tax validity.
• Production: uses the SRI’s production environment. Its authorized documents have tax validity.

We may improve, change or remove features. If a change significantly affects what you use in production, we will give you reasonable notice.

4. Your account and credentials

• Give true information and keep it up to date.
• Keep your password, your verification codes and your API keys secret. Anything done with them is treated as done by you.
• Tell us right away at soporte@flashpi.com.ec if you suspect someone else is using them, and revoke compromised keys in the console.
• We may require two-step verification for some actions or roles.

5. Electronic signature certificate

To sign your documents you need to upload the issuer’s electronic signature certificate (.p12) and its password. By doing so:

• You authorize us to use that certificate only to sign the documents you request through the service, and for nothing else.
• You confirm that you are the certificate’s holder or that you have its holder’s express authorization.
• You remain responsible for keeping the certificate valid, and for revoking it and telling us if it is compromised.

We store the certificate and its password encrypted, and only the signing service can decrypt them.

6. Your tax obligations

The issuer remains the taxpayer responsible to the SRI: for the content and accuracy of its documents, for issuing them on time, for its tax returns and for the rest of its tax obligations. Flashpi is a technology tool and gives no tax or accounting advice.

7. Acceptable use

You may not use Flashpi to:

• issue documents for transactions that did not happen, or with false data;
• issue on behalf of a taxpayer, or use a certificate, without authorization;
• send unsolicited or abusive emails through document delivery;
• try to access other people’s accounts, data or systems, or breach or test the service’s security without our written authorization;
• overload the service or get around its limits;
• resell access, except to issue your own customers’ documents with multi-issuer mode;
• any unlawful purpose.

8. Fees and payment

The sandbox is free. Production fees are those published on the pricing page or agreed in writing. We will issue the corresponding electronic invoice, with the taxes the law sets.

9. Availability and dependency on the SRI

We work to keep the service available and fast, but we do not guarantee that it will run without interruptions or errors. There is no service level agreement unless we sign one in writing.

Receiving and authorizing documents depends on the SRI’s web services, which we do not control. If the SRI is unavailable, we queue the documents and retry them, but we are not responsible for delays or rejections caused by the SRI.

10. Data protection

We process personal data under our Privacy Policy.

For third-party data you send us (for example, your buyers’ data), you are the controller and Flashpi acts as processor: we process it only to provide the service and on your instructions, under the Data Processing Agreement, which is part of these terms. You are responsible for having a legal basis to give us that data and for informing the people it belongs to.

11. Document retention and download

We keep production documents, with their XML and RIDE, for 7 years from issuance. While your account is active you can download them through the API or the console. If you close your account, you will have 30 days to download them before we delete them, unless a law requires us to keep them. Sandbox files are deleted after 90 days.

12. Confidentiality

Each party will keep confidential the non-public information it receives from the other and will use it only to perform this contract. This duty continues after the contract ends.

13. Intellectual property

Flashpi, its software, its documentation and its trademarks belong to SIGNIADIGITAL S.A. or its licensors. We give you a limited, non-exclusive and non-transferable license to use the service while your account is active.

Your data and your documents are yours. You allow us to process them only as far as needed to provide the service. If you send us suggestions, we may use them with no obligation to you.

14. Warranties

We provide the service with professional diligence, but “as is” and “as available”. We give no warranties other than those the law requires.

15. Limitation of liability

To the fullest extent the law allows:

• neither party is liable for indirect damages, lost profits, or loss of data or business opportunities;
• our total liability to you will not exceed what you paid us in the 12 months before the event that gives rise to it.

These limits do not apply to willful misconduct (dolo), gross negligence (culpa grave) or the obligations the LOPDP imposes on each party.

16. Indemnity

You will hold us harmless from claims by third parties or authorities caused by your unlawful use of the service, by the data you send us or by the use of a certificate without its holder’s authorization.

17. Suspension and termination

You can stop using the service at any time and ask us to close your account by writing to soporte@flashpi.com.ec.

We may suspend or close your account if you breach these terms, if you stop paying, if your use puts the security of the service or of others at risk, or if an authority orders it. We will tell you beforehand, except in urgent cases or when the law prevents it.

18. Force majeure

Neither party is liable for failures caused by force majeure or acts of God, such as general outages of the internet, of infrastructure providers or of the SRI.

19. Changes to these terms

We may update these terms. We will notify you by email or in the console at least 30 days in advance. If you do not agree, you can end the contract before the change takes effect.

20. Notices

We will send notices to your account’s email address. You can write to us at soporte@flashpi.com.ec.

21. Governing law and disputes

These terms are governed by the laws of Ecuador. Disputes will be settled before the competent judges of Guayaquil.

22. General provisions

If a clause is found invalid, the rest remain in force. Not enforcing a right does not mean waiving it. You may not assign this contract without our consent. These terms, the privacy policy and the data processing agreement make up the whole agreement between the parties about the service.