Terms of Service

These Terms of Service (“Terms”) govern your access to and use of VATShift (the “Service”), operated by First Penguin Apps (“we”, “us”, “our”), a sole proprietorship registered in Sweden. By connecting your CRM account to the Service or subscribing to a plan, you agree to these Terms on behalf of the business you represent (“you”, “your business”). The Service is intended for business use only and is not directed at consumers.

VATShift helps businesses keep the invoices they raise in their CRM in line with EU VAT requirements. It does two things.

Before an invoice is sent, where it qualifies for the EU reverse charge — the seller and buyer are in different EU member states and the buyer has a VAT number on record — the Service sets the tax on that invoice to 0% and adds the wording and details a reverse-charge invoice has to show. If you disagree with a change, you can undo it from the Service's dashboard as long as the invoice has not been sent yet.

After an invoice has been sent, it cannot be edited. The Service produces a credit note document, which you download and send to your customer yourself. This is not limited to reverse-charge invoices: it covers any sent invoice that needs to be cancelled or reduced, whichever the reason — a wrong VAT treatment, incorrect details, a cancelled order, a discount or partial return, or a refund you have made. Where you cancel an invoice in full, you may also ask the Service to create a replacement invoice in your CRM; it is created as a draft and is never sent by the Service.

The Service is an independent product. It is not created, endorsed, or operated by the provider of the CRM platform it connects to.

Access requires a valid connection to your CRM account, authorized by an administrator of that account. You are responsible for maintaining the security of the devices and browsers used to access the Service. You may disconnect the Service from your CRM account at any time from your CRM's app marketplace.

The Service is offered as a monthly subscription with several plans, each including all product features and differing by the number of invoices the Service will act on per month. The current plans, prices, and limits are shown in the app and on the listing page at the time you subscribe; we do not repeat them here so that this page cannot fall out of date with what you actually see. If your usage exceeds your plan's limit, we will not block the Service; your dashboard will show a warning instead.

Payment, billing cycles, and trials are handled entirely by your CRM platform's built-in billing system as part of your subscription to the Service there. We do not collect or store your card details, and we do not operate a separate checkout of our own.

Continued payment failure may eventually affect your access to the Service through mechanisms controlled by your CRM platform's billing system, not by us directly.

We may adjust the plans we offer, their prices, and the limits they include. Any change that reduces what your plan includes will not apply to your subscription while it remains active; increases apply to you immediately. Price changes take effect from your next billing period, and the current plans are always shown in the app and on the listing page.

You agree not to:

• use the Service in violation of applicable law;
• attempt to gain unauthorized access to the Service, other customers' data, or underlying systems;
• resell, sublicense, or provide the Service to third parties outside your business without our written consent;
• interfere with or disrupt the integrity or performance of the Service, including by circumventing usage limits.

You retain all rights to the data you submit to the Service or that is imported from your CRM account, including your account settings and the VAT configuration you provide (“Business Data”). You grant us the rights needed to host and process Business Data solely to provide the Service. Our processing of personal data is described in the Privacy Policy. After you disconnect the Service, Business Data is retained so that reconnecting restores your settings and history. You can ask us to delete it at any time by contacting us, and we will do so unless we are required to keep it for accounting or tax purposes.

To decide whether the reverse charge applies and to produce compliant wording, the Service processes personal data about your customers — the businesses you invoice — that your CRM makes available to us, including their company name, address, country, and VAT number (“Customer Data”). As between you and us, you are the data controller and VATShift acts only as your data processor with respect to Customer Data: we process it solely to operate the Service on your instructions (as described in these Terms and configured in your account settings), and not for our own purposes. You are responsible for having a lawful basis to collect and share your customers' personal data with us and for meeting your own obligations to your customers under applicable data protection law (including the GDPR, where it applies to you). Our commitments as your processor — including confidentiality, security measures, sub-processors, and handling of data subject requests — are set out in the Privacy Policy, which forms part of these Terms.

The reverse-charge determination and the wording the Service adds to an invoice are reference information, not tax or legal advice. Whether an invoice meets the legal requirements that apply to you and your customer is a judgment only you can make, and you remain responsible for reviewing the actual invoice — including the PDF your customer will see — before you send it.

The Service does not act on an invoice once it has been sent to your customer; corrections to a sent invoice are made through a separate credit note document, never by editing the original. In rare cases an invoice may be sent by you at the same moment the Service is changing it; where that happens the Service records it and shows it to you, so that you can correct it with a credit note.

Whether an issued invoice remains unchanged over time, and in what format it is stored, is a property of your CRM platform, not something the Service controls or is responsible for. Some countries additionally require invoices to be filed through a government electronic-invoicing system; the Service does not do this, because the CRM platforms it connects to do not support it. This does not affect the Service's own functions (reverse-charge determination, invoice wording, and credit notes), which continue to work normally.

If your CRM calculates tax automatically, that calculation is switched off on the individual invoices the Service applies the reverse charge to, because the two cannot be combined. Your original setting is recorded first and is put back if you undo the change. Invoices the Service does not act on are not affected.

The Service checks the format of a VAT number, not whether it is currently valid or registered to the business shown. It also currently applies only to trade between EU member states; trade involving other countries is outside its scope.

The Service, including its software, design, and branding, is owned by First Penguin Apps and protected by applicable intellectual-property laws. These Terms do not grant you any rights to the Service other than the limited right to use it in accordance with these Terms.

The Service depends on third-party services, including the CRM platform it connects to (data source, invoice updates, and billing) and our infrastructure providers (see the Privacy Policy). We are not responsible for the availability or performance of third-party services, and features that depend on them may be limited by those services.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. As set out in Section 8, the Service is a compliance aid, not a guarantee of a legally sufficient invoice, and you remain responsible for reviewing invoices before they are sent. We do not warrant that information displayed by the Service is complete or error-free.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, or data, arising from your use of the Service, including any tax assessment, penalty, or interest resulting from the tax treatment applied to an invoice. Our total aggregate liability under these Terms is limited to the greater of (a) the amounts you paid for the Service during the twelve (12) months preceding the event giving rise to the claim, and (b) EUR 500. No claim may be brought under these Terms more than twelve (12) months after the event giving rise to it. Nothing in these Terms limits liability that cannot be limited under mandatory applicable law.

You will defend and indemnify us against any third-party claim, and any resulting damages, costs, and reasonable legal fees, arising from (a) your use of the Service in breach of these Terms or of applicable law, (b) the content of an invoice or credit note you issued, or (c) personal data about your customers that you made available to the Service without a lawful basis. This does not apply to the extent the claim results from our own breach of these Terms.

You may stop using the Service at any time by removing it from your CRM's app list. This ends both the connection and the subscription; there is nothing separate to cancel. We may suspend or terminate access for material breach of these Terms with reasonable notice where practicable. Sections that by their nature should survive termination (including 6, 7, 9, 11, 12, and 15) survive.

We may update these Terms from time to time. The date at the top of this page shows when it was last revised. Continued use of the Service after that date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Sweden, without regard to its conflict-of-law rules. Disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Swedish courts, with the district court of the seat of First Penguin Apps as the court of first instance.

First Penguin Apps · firstpenguinapps38@gmail.com