General Terms of Service
Sole trader (auto-entrepreneur) – trading under the business name Torcano
1. Parties
These General Terms of Service (the "Terms") govern the contractual relationship between the sole trader (auto-entrepreneur) trading under the business name Torcano, domiciled at 06250 Mougins, France ("Torcano", "we") and any professional client ("Client") subscribing to Torcano's AI-powered traveller communication service (the "Service").
2. Description of the Service
Torcano provides an artificial-intelligence-based chatbot, operating via WhatsApp, which automatically manages communication with travellers on behalf of property managers and concierge services. The Service includes: automated responses to traveller enquiries, pre-arrival messages, check-in instructions, and the optional facilitation of upsells (early check-in, late check-out, transfers, and other available services).
3. Subscription and Billing
3.1 Billing cycle: Subscriptions are billed monthly on the anniversary date of the Client's registration.
3.2 Definition of an active property: A property is considered "active" during a billing period if at least one traveller-initiated message was received and processed by the Torcano bot during that period. Activity is determined exclusively from Torcano's system logs.
3.3 Billing: The Client is billed at the end of each billing period for the number of active properties during that period. Payment is due within 7 days of receipt of the invoice.
3.4 Pricing: €5 per active property per month, unless otherwise agreed in writing. Torcano operates under the French VAT-exemption scheme (franchise en base de TVA) — VAT not applicable, art. 293 B of the French General Tax Code (CGI). Should Torcano become liable for VAT in the future, prices shall be understood as exclusive of tax and VAT will be charged in addition at the rate in force.
3.5 Additional services: Where the Client enables upsell services (in particular early check-in, late check-out, airport transfers and experiences), all corresponding transactions are processed through Torcano's payment platform. Torcano retains a 10% commission on each transaction. The remaining 90% is paid to the Client via their connected payment account. The Client must complete the integration of their Stripe account in order to activate the additional services. Torcano is not responsible for the provision of the additional services — this remains the sole responsibility of the Client.
3.6 Payment: Payments are processed via Stripe. By subscribing, the Client authorises Torcano to charge the registered payment method.
4. Client Obligations
4.1 The Client is responsible for the accuracy and updating of all information relating to their properties provided to Torcano.
4.2 The Client is responsible for obtaining all necessary consents from their travellers to receive automated WhatsApp messages.
4.3 The Client must inform Torcano without delay of any change concerning their property portfolio, PMS configuration or contact details.
4.4 The Client remains solely responsible for the quality and provision of the additional services offered to their travellers via the Service.
4.5 New properties: Any new property added by the Client to their PMS or portfolio will be automatically enrolled in the Service and activated, unless the Client requests otherwise. The Client may deactivate the Service on a property at any time, by simple written request. Billing for such properties follows the terms of article 3.2.
5. Limitation of Liability
5.1 Torcano is an artificial-intelligence-based service. Although we aim for accuracy, automated responses may occasionally contain errors. Torcano does not guarantee the accuracy, completeness or relevance of the responses generated by the bot.
5.2 Torcano's total and aggregate liability to the Client for any claim arising out of these Terms is limited to the total amount actually paid by the Client during the three (3) months preceding the event giving rise to the claim.
5.3 Torcano shall not be held liable for: (a) any indirect, consequential or incidental damage; (b) any loss of turnover, profits, bookings or reputation; (c) any failure caused by third-party services, in particular WhatsApp, Twilio, PMS providers or internet connectivity issues.
6. Service Availability
Torcano will make every effort to maintain the availability of the Service, without however guaranteeing uninterrupted availability. Planned maintenance will be communicated in advance where possible. No refund or credit is due for interruptions caused by third-party infrastructure (WhatsApp, Twilio, Azure, etc.).
7. Intellectual Property
All software, algorithms and systems underlying the Service remain the exclusive property of the sole trader (auto-entrepreneur) trading under the business name Torcano. The Client benefits from a non-exclusive, non-transferable licence to use the Service for the duration of their subscription.
8. Confidentiality
Each party undertakes to keep confidential all proprietary information of the other party disclosed in connection with the Service. This obligation survives the termination of the subscription.
9. Data Protection
Torcano processes the personal data of the Client's travellers in the capacity of processor on behalf of the Client (data controller). Data processing is governed by Torcano's Privacy Policy available on torcano.io. The Client is responsible for having a legal basis for the processing of their travellers' personal data and for obtaining the appropriate consents.
10. Term and Termination
10.1 Either party may terminate the subscription at any time. Termination takes effect at the end of the current billing period. No refund is due for the current period.
10.2 Torcano may suspend or terminate the Service immediately if the Client fails to meet their obligations, does not pay the amounts due, or uses the Service in a manner prejudicial to Torcano or to third parties.
10.3 Upon termination, the Client's data will be retained for 24 months in accordance with the Privacy Policy, then deleted.
11. Governing Law
These Terms are governed by French law. Any dispute will be submitted to the exclusive jurisdiction of the French courts.
12. Amendments
Torcano reserves the right to amend these Terms with 30 days' notice. Continued use of the Service after notification constitutes acceptance of the updated Terms.
Last updated: April 2026