Terms of Service

Fakturio is an invoicing tool operated by ŽARKO MLADENOVIĆ PR RAČUNARSKO PROGRAMIRANJE ZMIT NIŠ (“ZMIT”, “we”, “us”), an entrepreneur (preduzetnik) registered in Serbia. It is provided as software-as-a-service in the browser and can be installed as a web app on your phone or computer. It lets you store company and client details and a catalog of products and services, look Serbian companies up by Tax Identification Number (TIN), create invoices and proformas, track which have been paid, email invoices and payment reminders, export reports, download invoices as PDFs, and optionally save those PDFs to your own Google Drive. If you are eligible, you can also connect SEF and eOtpremnica and send e-invoices and delivery notes from the app (paid plan, see section 9). On the paid plan you can also connect an AI assistant such as Claude or ChatGPT (see section 7). You can use it on a free plan, or subscribe to a paid plan for additional features.

These terms are a contract between you and:

Business name

ŽARKO MLADENOVIĆ PR RAČUNARSKO PROGRAMIRANJE ZMIT NIŠ

Trading as

ZMIT

Legal form

Entrepreneur (preduzetnik)

Registered seat

Bulevar Zorana Đinđića 4, Niš, Republic of Serbia

Registration number (matični broj)

68717248

Tax Identification Number (TIN)

115883832

Register

Register of Business Entities, Serbian Business Registers Agency (APR)

Email

zarko@fakturio.app

You accept these terms by ticking the acceptance box when you create your account, or, if no box was shown to you, by creating an account and using the app. Accepting them also concludes the Data Processing Agreement in section 5. We record the date on which you accepted.

The acceptance box also links our Privacy Policy, which describes how we handle personal data. The policy is a notice rather than a contract, and ticking the box is an acknowledgement that you have been given it — not consent to the processing it describes. We do not rely on your consent as the legal basis for running the service, so withdrawing any such consent is neither necessary nor something that would affect your account; the legal bases we actually rely on are set out in the policy. The one exception is the optional Google Drive connection, which genuinely does run on consent and which you can withdraw at any time by disconnecting.

You need an account to use the app. You must be at least 18 years old and have the legal capacity to enter into contracts. You are responsible for keeping your sign-in credentials secure, for not sharing them with anyone else, and for everything done through your account. Tell us promptly at zarko@fakturio.app if you believe your account has been used without your permission.

The company details, client details and invoices you enter remain yours. We claim no ownership over them and use them only to provide the service, as described in our Privacy Policy. You are responsible for the accuracy and lawfulness of what you enter, including having a proper basis for storing your clients’ details.

You can take your data with you at any time: every invoice downloads as a PDF, and the reports on the dashboard export as CSV or XLSX files. If you need a complete copy of your data in a machine-readable format, email zarko@fakturio.app and we will send it to you.

This section is the data processing agreement required by Article 45 of the Serbian Law on Personal Data Protection (ZZPL) and Article 28 of the GDPR. It applies whenever you enter personal data about other people — typically your clients and their contact persons — into the app. It forms part of these terms, and accepting these terms concludes it. You do not need to sign a separate document.

Roles

For personal data about your clients, you are the controller and we are the processor. You decide what client data to enter and why; we process it only to provide the app to you. For your own account data we are the controller, as described in the Privacy Policy.

Subject matter and scope

• Subject matter: providing an invoicing application — storing, displaying, sending and rendering into PDFs the data you enter.
• Duration: for as long as your account exists, and until the data is deleted after it closes, as described in the Privacy Policy.
• Categories of data subject: your clients, the contact persons you name at them, your accountant, drivers named on delivery notes, and suppliers whose documents you receive through SEF and eOtpremnica.
• Categories of personal data: name, company name, postal address, email address, tax and registration numbers, the contents of invoices and delivery notes that concern them and, if you enter them, driver name and vehicle plate.
• Special categories: none. You must not enter special categories of personal data (health, biometric, political, religious or similar) into the app.

Our obligations as processor

We undertake that we will:

• process client personal data only on your documented instructions — your use of the app being those instructions — except where we are required to process it by law, in which case we will tell you first unless the law forbids that;
• ensure that anyone authorised to access the data is bound by an appropriate duty of confidentiality;
• implement appropriate technical and organisational security measures, as described in the Privacy Policy;
• notify you without undue delay after becoming aware of a personal data breach affecting your data, with enough information for you to meet your own notification duties;
• assist you, taking into account the nature of the processing, in responding to requests from data subjects and in meeting your own security, breach-notification and impact-assessment obligations;
• on termination, delete or return client personal data as described in the retention section of the Privacy Policy, except where law requires us to retain it;
• make available the information reasonably necessary to demonstrate compliance with these obligations, and allow for and contribute to audits, which may be satisfied by our providing documentation of our security practices and those of our sub-processors.

Sub-processors

You give us general authorisation to engage sub-processors. The current list — Clerk, Neon, Vercel, Resend, Polar, and Google where you connect Drive — is maintained in the Privacy Policy. We impose data protection obligations on each of them no less protective than those in this agreement, and we remain fully liable to you for their performance. The state systems SEF and eOtpremnica are not our sub-processors: when you connect them we send documents to them on your instruction, and they are controllers of that data. Nor are the providers of AI assistants you connect: we pass an assistant data only at your request, under your own agreement with its provider. We will give reasonable notice before adding or replacing a sub-processor, and you may object by closing your account before the change takes effect.

International transfers

Transfers outside the EEA or UK rely on the Standard Contractual Clauses or an equivalent safeguard, as described in the Privacy Policy. If you require the Standard Contractual Clauses executed directly with you, contact zarko@fakturio.app.

Your obligations as controller

You warrant that you have a lawful basis for entering your clients’ personal data into the app, that you have given those people whatever privacy notice the law requires, and that your instructions to us will not put us in breach of the ZZPL, the GDPR or any other applicable data protection law. If you connect an AI assistant, you must also have a lawful basis for letting it process your clients' personal data. If one of your clients exercises a data protection right against you, answering them is your responsibility; we will assist as set out above.

You agree not to:

• Issue false or fraudulent invoices, or use the app for any other purpose that breaks Serbian law, tax rules or the law that applies to you.
• Use the app’s email to send spam, or to send anything other than documents and reminders to people you actually do business with.
• Attempt to access another user’s workspace or data.
• Probe, scan, overload or disrupt the service or the infrastructure behind it, including through excessive automated requests, or upload malware.
• Reverse engineer or resell the service, or use it to build a competing product.

Emails you send through the app go out from our address with the reply-to set to your company’s email. You are responsible for who you send them to and for what they say. If you break these rules we may suspend your account, as described in section 12.

Connecting Google Drive is optional. If you connect it, you also remain subject to Google’s own terms, and you grant us permission to create an invoices folder and upload the invoice PDFs you choose to save. We request only the drive.file scope, so the app can reach only the files it creates itself. You may disconnect at any time from the app’s settings, or from your Google account permissions.

AI assistants

On the paid plan you can connect an AI assistant that supports MCP connectors, such as Claude or ChatGPT. You connect it yourself, by signing in with your Fakturio account and approving access on the consent screen. Approve only a connection you started yourself, from your own assistant: whoever you approve can read your account through it.

The assistant can read your companies, clients, catalog, invoices, receivables, flat-rate turnover limit and KPO book, and can create draft invoices. It cannot issue, send, change or delete anything, and it cannot reach SEF or eOtpremnica. A draft becomes an invoice only when you issue it in the app.

AI assistants make mistakes. The answers and drafts come from the assistant, not from us, and may be wrong or incomplete. Check every draft before you issue it, and treat the figures in the app as your record. The assistant’s provider’s terms apply to your use of it, in addition to these terms. Which data it receives, and whose rules govern it after that, is set out in our Privacy Policy.

You can end the connection at any time by removing the connector in your assistant. The assistant also loses access when your paid plan ends or you close your account.

Fakturio has a free plan and a paid plan. The free plan costs nothing and needs no payment card. Some features require the paid plan; the app shows which ones, and the current price, before you subscribe. We may change which features belong to which plan; if a change takes away something you are paying for, we will tell you at least 15 days in advance, and it never applies to a period you have already paid for.

The paid plan is billed in advance, at the start of each billing period (e.g. monthly), until you cancel. Subscriptions are processed by Polar, who acts as the merchant of record: your contract for the purchase itself is with Polar, Polar issues your receipt, and Polar is responsible for charging and remitting any applicable sales tax or VAT. Polar’s own terms apply to the transaction in addition to these terms.

Polar is a foreign company. If you buy as a business established in Serbia, Serbian VAT rules may require you to account for VAT on the purchase yourself (interni obračun PDV-a). Your accountant can tell you whether this applies to you.

You can cancel your subscription at any time from the app’s billing settings. Cancelling stops future renewals, and the paid features stay available until the end of the period you have already paid for. Payments for a billing period that has already started are not refunded, except where the law requires it (see the right of withdrawal below) or Polar’s refund policy provides for it. Failed payments and chargebacks are handled under Polar’s policies. If you believe you were charged in error, contact us at zarko@fakturio.app and we will work with Polar to resolve it.

We may change the price going forward; we will tell you at least 15 days before a new price applies to your next renewal, so you can cancel first if you do not want to continue. If you stop paying or your subscription lapses, your account moves to the free plan. Your data is not deleted for non-payment alone; deletion follows the retention terms in our Privacy Policy.

Right of withdrawal for consumers

If you subscribe as a consumer rather than for business purposes, and you are in the EU, the EEA or the UK, you have a statutory right to withdraw from the purchase within 14 days without giving a reason. Serbian consumer law (Zakon o zaštiti potrošača) gives consumers in Serbia the same 14-day right for distance contracts.

Because the service is digital content supplied immediately, by subscribing and starting to use the paid features you ask us to begin performance during the withdrawal period and you acknowledge that you lose the right of withdrawal once the service has been fully performed. Where you withdraw before that, you may be charged in proportion to what you used. To withdraw, email zarko@fakturio.app within 14 days of subscribing; refunds are issued through Polar as merchant of record. Most users of this app subscribe as a business, in which case this right does not apply.

Fakturio is a document-generation tool, not an accountant. It does not provide tax, legal or accounting advice, and it does not guarantee that an invoice it produces meets the legal or tax requirements of any particular jurisdiction. You remain responsible for the accuracy of your invoices, for calculating and reporting VAT and other taxes correctly, and for meeting your own record-keeping obligations. Check your obligations, and take professional advice where you need it.

For d.o.o. companies and for flat-rate entrepreneurs in the VAT system, Fakturio can send an invoice to the Serbian electronic invoicing system (Sistem elektronskih faktura, SEF), and a delivery note to eOtpremnica, using your API key and in your name (paid plan). Sending a draft invoice issues it. The state system is the authority: we show the status it reports and never mark anything as accepted ourselves. You are responsible for the accuracy of the data and for issuing the invoice within the legal deadline. We do not support invoices to budget users (JBKJS/CIR), foreign-currency invoices, credit and debit notes or advance invoices; those you must issue in SEF yourself, and the app refuses to send anything it cannot write correctly. A PDF produced by Fakturio does not replace an e-invoice that the law requires.

We aim to keep the service running and accurate, but we provide it “as is”, without warranties of any kind, and we do not promise uninterrupted or error-free operation. We may change, suspend or discontinue features. If we make a material change or discontinue the service, we will give you reasonable notice where we can, so you can export your data.

Keep your own copies of invoices you need to retain for tax or accounting purposes; do not rely on the app as your only record.

Support

Support is provided by email at zarko@fakturio.app, in Serbian or English, on working days. We announce planned maintenance in advance where we can.

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill arising from your use of the service, and our total liability to you for all claims arising from these terms or the service is limited to the amount you paid for the service in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits liability for damage caused intentionally or through gross negligence, for death or personal injury, for fraud, or for anything else that cannot legally be limited — including your statutory rights as a consumer, which these terms do not affect.

You may stop using the app and close your account at any time. We may suspend or terminate access if you breach these terms or use the service in a way that risks harm to others or to the service; where we can, we will warn you first and give you a chance to fix the problem. If we terminate your account because you seriously or repeatedly breached these terms, payments already made are not refunded, except where the law requires otherwise. On termination, your workspace is deleted as described in the Privacy Policy.

These terms are governed by the laws of the Republic of Serbia, without regard to conflict of law principles. If a dispute arises, write to us first and we will try in good faith to resolve it together. A dispute we cannot resolve that way will be subject to the exclusive jurisdiction of the Serbian court with subject-matter and territorial competence, except where mandatory consumer-protection law in your own country of residence gives you the right to bring a claim there instead, in which case that right is unaffected.

We may update these terms. We will change the date at the top of the page, and for material changes we will notify you in the app or by email at least 15 days before they take effect. If you do not agree with a change, you may close your account before it takes effect; continuing to use the app after that means you accept the updated terms.

Questions about these terms: zarko@fakturio.app. ŽARKO MLADENOVIĆ PR RAČUNARSKO PROGRAMIRANJE ZMIT NIŠ, Bulevar Zorana Đinđića 4, Niš, Serbia, registration number 68717248, TIN 115883832.