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: €8 excl. VAT 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 additional service sales (including early check-in, late check-out, transfers and experiences), the corresponding transactions are processed by Stripe directly on the Client's connected Stripe account. The Client is the seller and the party collecting the corresponding sums; Torcano acts exclusively as a technical intermediary and connection platform, and at no point as seller, service provider or payment institution.
Torcano charges a commission of 10% of the gross amount of each transaction, deducted automatically at the time of payment. The remaining 90% is paid directly into the Client's connected Stripe account. The Client must have completed the connection of their Stripe account in order to enable additional services.
Where the Client refunds a transaction, the corresponding Torcano commission is refunded pro rata to the amount refunded. Stripe's processing fees on the original transaction are returned neither by Stripe nor by Torcano and remain payable by the Client.
The Client remains solely responsible for the provision, quality and performance of the additional services offered to their guests.
3.6 Payment: Payments are processed via Stripe. By subscribing, the Client authorises Torcano to charge the registered payment method.
3.7.1 Purpose. Where the Client enables the guarantee functionality, Torcano makes available two technical mechanisms, at the guest's choice or according to the Client's configuration: (a) the card hold: a pre-authorisation on the guest's card, in an amount set by the Client, with no immediate payment taken; (b) the no-hold option: payment of a non-refundable flat amount set by the Client, in consideration of which no pre-authorisation is placed on the guest's card.
3.7.2 Torcano's role. Torcano is not an insurer, guarantor, surety or payment institution. Torcano provides exclusively the technical tool enabling the Client to collect, retain and where applicable use a guest's payment method. The contractual relationship concerning the rental, the condition of the property, any damage and its compensation remains exclusively between the Client and their guest.
3.7.3 Technical limits of the card hold. The Client acknowledges having been informed that: (a) the validity period of a card pre-authorisation is determined by the card networks and the card issuer, generally in the order of seven (7) days, and cannot be unilaterally extended by Torcano; (b) beyond that period, the pre-authorisation expires automatically and the funds cease to be held; (c) a pre-authorisation may fail or be declined by the issuer for reasons outside Torcano's control, including insufficient funds, expired card, card cancellation, or unsatisfied strong customer authentication requirements; (d) the time taken for funds to become available again following release of a pre-authorisation depends on the guest's bank and is outside Torcano's control; (e) on stays whose duration exceeds the validity of the pre-authorisation, a new pre-authorisation may be required. It may fail or require action from the guest, which Torcano cannot guarantee.
3.7.4 Best-efforts obligation. Torcano will implement the following technical means, in order of priority, to enable the Client to collect a sum where damage is reported: (i) capture of the pre-authorisation where still valid; (ii) failing that, an attempt to charge the guest's stored payment method; (iii) failing that, provision to the Client of the available technical records enabling them to pursue their claim directly. Torcano is bound by a best-efforts obligation and not an obligation of result. Torcano gives no guarantee whatsoever as to the success of collection, the availability of funds in the guest's account, or the absence of any subsequent challenge to the transaction by the guest or their issuer.
3.7.5 Disputes and unpaid amounts. Any chargeback relating to a capture or charge made under this article is debited from the Client's connected Stripe account. Torcano bears neither the disputed amounts nor the associated dispute fees.
3.7.6 Guest information. The Client is solely responsible for the accuracy and compliance of information provided to the guest prior to booking, in particular with regard to booking platform rules (Airbnb, Booking.com and others) concerning the display of mandatory fees and security deposits. Guests accept Torcano's Guest Terms (torcano.io/guest-terms) when saving their payment method. The Client acknowledges having read them.
3.7.7 Documentation. Torcano makes available to the Client, for each stay, the status of the associated payment method (active pre-authorisation, expired, stored payment method only, or no payment method). The Client is deemed to be aware of that status.
3.7.8 No-hold option. The no-hold option is a service charged by the Client to their guest, in consideration of which no pre-authorisation is placed. It does not constitute insurance, a guarantee, a waiver by the Client of their rights, or a release of the guest's liability. The Client remains solely responsible for the legal characterisation and presentation of this option to their guests, and for compliance with the applicable regulations.
3.8 Late payment. In accordance with article L441-10 of the French Commercial Code, any late payment automatically and without prior formal notice gives rise to late payment penalties calculated at three (3) times the applicable statutory interest rate, together with a fixed recovery indemnity of forty (40) euros per invoice. Where recovery costs incurred exceed that fixed amount, Torcano may claim additional compensation on production of supporting evidence.
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.
5.4 No emergency service. The Service does not constitute an emergency, security, monitoring or personal assistance service. The Client remains solely responsible for establishing and operating their own emergency procedures and on-call arrangements. Torcano gives no guarantee as to the detection, classification or transmission within any given timeframe of guest messages reporting an emergency, incident or danger. The Client undertakes to inform their guests of the direct contact means to be used in an emergency.
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
12.1 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.
12.2 Any new functionality involving the collection of sums from guests or the retention of their payment methods is subject to separate Particular Conditions, accepted separately by the Client upon activation of the relevant functionality. Those Particular Conditions prevail over these Terms in respect of the relevant functionality.
12.3 Each version of these Terms is archived and dated. The version applicable to the Client is the one in force on the date of their subscription, as amended in accordance with this article.
13. Pricing Revision
13.1 Torcano reserves the right to change its pricing. Any increase is notified to the Client in writing at least thirty (30) days before it takes effect and applies only from the following billing period.
13.2 A Client who does not accept the new pricing may terminate their subscription before the effective date, in accordance with article 10.1. Continued use of the Service beyond that date constitutes acceptance.
13.3 The Client acknowledges that the messaging costs charged to Torcano by third-party operators (in particular Meta Platforms and Twilio) may change independently of Torcano's control, and that such changes may justify a pricing revision under this article.
Last updated: August 2026
Previous versions: April 2026