This is an informational translation provided for convenience. The Spanish-language version is the only legally binding one under Peruvian law. If anything here conflicts with the Spanish original, the Spanish original controls.
1. Who we are
factsimil is a service operated by MULTISERVICIOS KADA EIRL, RUC 20612829579, domiciled in Peru (referred to as "factsimil," "we," or "the provider"). These Terms and Conditions ("Terms") govern access to and use of the API, the web panel, and any related service (together, the "Service") by any individual or entity that registers for or uses the Service ("Customer" or "you").
By creating an account, requesting access, or integrating the Service, you agree to be bound by these Terms. If you're acting on behalf of a company, you represent that you have sufficient authority to bind it.
2. Purpose of the service
factsimil provides a REST API and a web panel for issuing electronic payment receipts (invoices, boletas, credit and debit notes, dispatch guides, and proformas) in accordance with the technical specifications of the Sistema de Emisión Electrónica (SEE) of SUNAT (Peru's tax authority), including generating the standardized XML, signing it with the Customer's digital certificate, transmitting it to SUNAT, and obtaining the corresponding Constancia de Recepción (CDR).
The Service is a technical tool supporting electronic invoicing. It does not constitute accounting, tax, or legal advice, and does not replace the professional judgment the Customer must apply to their own tax obligations.
3. Registration and accounts
To use the Service you need to create a "tenant" account tied to your RUC and provide accurate, current, and complete information. You're responsible for keeping your contact and billing details up to date, and for promptly notifying us of any relevant change (for example, a change of digital certificate, legal name, or authorized series).
Each tenant can manage multiple internal users with different access levels. The Customer is responsible for actions taken by the users it manages within its account.
4. Use of API credentials
API keys, session tokens, and access credentials are personal to, and non-transferable from, the tenant that generates them. You're responsible for keeping them confidential, restricting their use to authorized personnel, and rotating or revoking them immediately if you suspect they've been compromised.
factsimil is not responsible for receipts issued, queried, or voided using valid Customer credentials, even if that use wasn't internally authorized by the Customer, unless such use is a direct result of a security failure attributable to factsimil.
5. Acceptable use
By using the Service, you agree not to:
- Issue receipts that don't correspond to real transactions or that are intended to defraud tax authorities or third parties.
- Attempt to breach, deliberately overload, or reverse-engineer the API or its infrastructure.
- Share, resell, or sublicense API access to unauthorized third parties without prior written agreement.
- Use the Service for activities unlawful under applicable Peruvian law.
Breaching this section entitles factsimil to suspend access under section 12.
6. The service in relation to SUNAT
factsimil operates under the SEE del Contribuyente model: the Customer itself, through our platform, transmits directly to SUNAT using its own digital certificate. factsimil does not act as an intermediary Operador de Servicios Electrónicos (OSE), nor does it assume the role of issuer of the receipts.
Tax and legal responsibility for the content, accuracy, and timeliness of the receipts issued — including series, sequential numbers, taxes applied, and buyer data — rests entirely with the Customer, in its capacity as the SUNAT-homologated issuer. factsimil provides the technical infrastructure for generation, signing, and transmission, but does not validate the substance of the commercial transactions underlying each receipt.
7. Availability and support
We make reasonable (best-effort) efforts to keep the Service continuously available, including retry and contingency mechanisms for temporary SUNAT outages. There may be scheduled maintenance windows, which we try to communicate in advance, and events outside our reasonable control (force majeure, including SUNAT system unavailability) that affect the Service's availability.
8. Fees and billing for the service
Access to the Service is granted under the plan and commercial terms agreed with each Customer at signup. Current fees, billing method, and payment terms are communicated directly during onboarding and may be updated with at least 30 days' notice to active customers.
9. Intellectual property
The software, the "factsimil" brand, the documentation, and other Service materials are the property of MULTISERVICIOS KADA EIRL or its licensors. These Terms don't transfer any intellectual-property rights to the Customer; only a limited, non-exclusive, non-transferable license to use the Service for its intended purpose is granted.
The data, receipts, and content the Customer generates through the Service remain the Customer's property.
10. Confidentiality and data
Both parties agree to keep confidential any non-public information exchanged under the Service. The handling of personal data is governed by our Privacy Policy, and cookie use by our Cookie Policy.
11. Limitation of liability
To the maximum extent permitted by Peruvian law, factsimil will not be liable for indirect damages, lost profits, data loss, or business interruption arising from use of the Service. Our aggregate liability to the Customer for any claim related to the Service is limited to the amount actually paid by the Customer in the three (3) months preceding the event giving rise to the claim.
Nothing in this section limits liability for willful misconduct, gross negligence, or in cases where Peruvian law doesn't permit such limitation.
12. Suspension and termination
We may suspend or cancel access to the Service, with notice when reasonably possible, in the event of a breach of these Terms, non-payment, fraudulent use, or a security risk to the platform or third parties. The Customer may request account closure at any time by writing to info@factsimil.com.
After termination, the Customer retains the right to request a copy of its historical receipts during the retention period stated in the Privacy Policy.
13. Changes
We may update these Terms to reflect regulatory, technical, or commercial changes. We'll publish the current version on this same page with the last-updated date, and notify active customers of material changes by email at least 15 days in advance.
14. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Peru. Any dispute arising from their interpretation or performance will be submitted to the courts of the judicial district of Lima, Peru, waiving any other venue that might otherwise apply.
15. Contact
For questions about these Terms, write to info@factsimil.com.