Factorial HR

Factorial Terms & Conditions: Key User Overview

*Based on the Terms last amended December 12, 2025. This is a practical summary, not legal advice. The Terms incorporate Factorial’s separate Privacy Policy and Data Processing Agreement (“DPA”), which may contain important additional details.*

1. Data Collection & Usage

Factorial collects registration information such as:

• Username
• Email address
• Contact address
• Telephone number
• Password and account/authentication information

As an HR platform, Factorial may also process substantial employee and business information entered by the Customer, including personal data, documents, payroll or HR information, and other data uploaded or generated through the Platform.

The Customer generally acts as the data controller, while Factorial acts as a data processor under the DPA. Factorial may also act as a data controller for its own activities under its Privacy Policy.

Factorial may use anonymized, aggregated, statistical, and analytical information to improve and develop its Platform and services. The Terms state that data must be anonymized so individuals are not identifiable before this use.

After cancellation:

• Customers should export their data before access ends.
• Data is stated to remain blocked for one year after 30 days from cancellation, available only for public-authority requests.
• It is then intended to be permanently destroyed, subject to the data-retention policy and DPA.

Risk: The Terms do not themselves explain all categories of employee data, processing purposes, retention details, security measures, or international transfers. Users should review the Privacy Policy and DPA.

2. User Rights

The Terms expressly provide that the Customer may request deletion of data during or after the contract. The Customer can also download information and documents before cancellation using available extraction tools.

The Terms do not list individual data-subject rights in detail, such as access, correction, portability, restriction, objection, or complaint rights. They state that each party is responsible for informing data subjects and enabling them to exercise applicable legal rights.

Practical point: Employers/Customers remain responsible for lawful collection, notices, legal bases, and handling employee rights requests. The precise procedure should be confirmed in the Privacy Policy and DPA.

3. Third-Party Sharing

Factorial may share or process data through:

• Its subsidiaries
• Third-party integrations and external providers
• AI service providers
• Partners providing payroll, labor-document, banking, payment, insurance, IT, or other services

Third-party services are governed by the provider’s own terms and privacy policies. Factorial generally disclaims responsibility for their accuracy, security, availability, compliance, and performance.

Factorial may disclose limited contract information—such as company name, contracted services, and employee count—for commercial or tender references, but states that personal data and uploaded Platform data will not be shared for that purpose. If a partner referral is involved, payment status may be disclosed to calculate commissions.

4. AI/ML Training

The Terms do not state that Customer or User data is used to train AI models.

For AI features:

• Factorial and AI providers may process “Input Data” only to provide AI services to the Customer.
• Similar outputs may be generated for other users, but not using the Customer’s own data.
• Factorial and providers retain rights in the underlying models and algorithms.
• Users must review and validate outputs; outputs are not professional, legal, employment, financial, medical, or compliance advice.

Risk: The Terms do not expressly promise that inputs will never be retained or used for model improvement/training. The DPA, AI terms, and provider policies should be checked for clarification.

5. Key Obligations and Restrictions

Users must:

• Provide accurate, current, and complete information.
• Protect passwords and account credentials and report compromise immediately.
• Use the Platform lawfully and only for internal professional purposes.
• Comply with intellectual-property, anti-money-laundering, sanctions, and data-protection laws.
• Install required updates and maintain compatible hardware, software, and internet access.

Users may not:

• Resell, transfer, share, or sublicense access.
• Reverse engineer, decompile, scrape, data-mine, benchmark, or copy the Platform.
• Access another user’s account.
• Upload malware, disrupt the service, bypass security, or misuse information.
• Use the Platform from prohibited sanctioned countries or as a competitor without written consent.

Seats may have minimum commitments, and subscriptions automatically renew unless cancelled within the specified notice periods.

6. Liability and Disputes

The Platform is supplied “as is” and “as available.” Factorial does not guarantee uninterrupted operation, accuracy, regulatory compliance, or suitability for a particular purpose. It is not an employment, tax, legal, or HR adviser.

Subject to mandatory law, Factorial excludes indirect, consequential, punitive, lost-profit, reputational, and similar losses. Its aggregate liability is generally capped at fees paid in the preceding 12 months. Claims must be notified in writing within 20 calendar days after the Customer becomes aware of the event.

Customers/users must indemnify Factorial for claims arising from their breaches, unlawful conduct, data, or third-party transfers.

Spanish law applies, with disputes generally submitted to the courts of Barcelona, after a 15-working-day attempt at amicable resolution.

7. Changes to the Terms

Factorial may publish revised Terms on its public website. Continued use after publication constitutes acceptance. Customers who disagree must stop using the Platform.

Price or essential contractual changes require:

• 45 days’ notice for monthly plans
• 60 days’ notice for annual, semi-annual, or other non-monthly plans

Failure to object and stop using the Platform before the effective date may be treated as acceptance.

Overview of Factorial’s Legal Notice

> Important scope note: This document is primarily a website legal notice. It does not provide a detailed privacy policy, data-processing agreement, subscription agreement, or AI-specific policy. Those documents—and any product-specific terms—may contain additional obligations and rights.

1. Data Collection & Usage

• Factorial may require users to provide personal data when they register or use certain products or services.
• Users are told when personal data is necessary, and the document states that collection and processing will comply with applicable data-protection laws.
• Registered users must provide information that is truthful, lawful, and accurate.
• Passwords, usernames, and other identifiers may be collected to enable access to services.
• The document does not specify:
• What categories of personal data are collected
• The purposes or legal bases for processing
• Retention periods
• Use of cookies or tracking technologies
• Whether data is transferred internationally
• How employee or HR data is handled
• Contact details for a data-protection officer

Users should consult Factorial’s separate Privacy Policy and, where applicable, the company’s data-processing agreement.

2. User Rights

The document does not list specific data rights such as access, correction, deletion, portability, objection, or restriction of processing.

It generally confirms that personal-data processing will follow applicable data-protection laws. Depending on the user’s location—particularly under the GDPR—users may have statutory rights to:

• Access and correct personal data
• Request deletion or restriction
• Object to certain processing
• Receive data in a portable format
• Withdraw consent where processing relies on consent
• Complain to a data-protection authority

The document provides a general legal contact address—legal@factorial.co—but does not establish a dedicated procedure or response timelines for privacy requests.

3. Third-Party Sharing

This notice does not explain whether Factorial shares personal data with:

• Hosting, analytics, payment, or customer-support providers
• Employers, administrators, or other account controllers
• Affiliates or business partners
• Government authorities
• Buyers in a merger or acquisition

It does state that Factorial may link to third-party websites and is not responsible for their content, security, services, or data practices. Users should review the privacy terms of linked sites independently.

4. AI/ML Training

There is no provision addressing artificial intelligence or machine-learning systems. The document does not say whether user content or personal data is used to train, test, improve, or fine-tune AI models.

This is a significant gap for users concerned about HR or employee information. The separate privacy policy, product terms, or AI policy should be checked for any relevant opt-out, anonymization, or customer-data restrictions.

5. Key User Obligations

Users must:

• Provide truthful and legitimate registration information.
• Safeguard passwords and access credentials.
• Not share credentials or allow unauthorized access.
• Immediately report loss, theft, compromise, or unauthorized use of credentials.
• Use the website and services lawfully and follow Factorial’s instructions.
• Respect intellectual-property rights.

Users may not copy, reproduce, modify, commercially exploit, redistribute, or remove copyright or trademark notices from Factorial’s content without written permission. Unauthorized framing or linking to the website is also restricted.

The company, rather than individual employees, is charged when an employer subscribes to a paid plan.

6. Liability & Disputes

• The website and services are provided “as-is.”
• Factorial broadly disclaims warranties concerning availability, accuracy, reliability, uninterrupted operation, security, viruses, and suitability for a particular purpose.
• Factorial disclaims responsibility for internet failures, force majeure events, third-party websites, unauthorized credential use before notice, and user violations.
• It excludes lost profits, revenue, data, business interruption, and indirect, special, consequential, exemplary, or punitive damages, to the maximum extent permitted by law.
• The document does not state a specific monetary liability cap.
• Spanish law governs.
• Courts in Barcelona, Spain have exclusive jurisdiction to the maximum extent legally permitted.

Mandatory consumer or data-protection rights may override some of these provisions.

7. Changes and Service Suspension

Factorial may modify the legal notice or product-specific conditions at any time for technical, operational, commercial, maintenance, or legal reasons.

Changes become effective when published on the website. The document does not promise individual notice by email or advance warning.

Factorial may also terminate, modify, suspend, or interrupt website access, products, services, or content temporarily or indefinitely without advance notice or compensation. Restrictions and obligations that are intended to continue remain effective after termination.