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Terms of service

Courtesy translation. Only Spanish law applies to this text, and if this translation and the Spanish version differ, the Spanish version prevails. Read the Spanish version

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These terms govern the use of Torqua between Roberto Joao Tiron Tiron, Tax ID (NIF) 43945647F, with registered address at Calle Luis Alberdi 11 8E, 09007, Burgos, Espana ("Torqua") and the workshop that subscribes to it ("the workshop"). Torqua is a service for professionals: whoever subscribes acts as a business or self-employed person, not as a consumer.

By creating the workshop on torqua.app you accept them, together with the Privacy policy and the Data Processing Agreement, which forms part of them. Which version you accepted, when and from which address is recorded. If you subscribe on behalf of a company, you declare that you are able to bind it.

1. What Torqua is

Management software for car repair workshops used over the internet: customers and vehicles, appointments and calendar, repair orders, quotes, invoices, stock, team and time tracking, notifications to customers by email and by WhatsApp, and a portal for the workshop's customers. Depending on the plan, it also includes appointment booking on the workshop's website, its own website and an artificial intelligence Assistant.

What each plan includes is what appears on the pricing page at the time of subscribing.

2. Account and team

  • Whoever registers the workshop is its administrator. They can invite more people with a role (administration, front desk or mechanic). Each plan includes a number of seats, and any beyond that are paid separately.
  • Each person has their own access and must keep their password safe. The workshop is responsible for what the people it has given access do.
  • The workshop will notify Torqua as soon as it suspects unauthorised access.

3. Trial, plans and payment

  • Trial: 14 days of the plan shown on the pricing page, with no card. If there is no payment method when it ends, the workshop is paused: the data is kept and it cannot work until one is added. There is one trial per workshop and per owner: if someone who already administers a workshop creates another with the same account, that second workshop starts by subscribing to a plan, without a trial.
  • Price: the one on the pricing page when subscribing, excluding taxes; the applicable tax is added on the invoice. It is paid in advance, monthly or yearly depending on the period chosen.
  • Payment: it is charged by Stripe using the payment method the workshop saves. Card details go directly to Stripe and Torqua does not see them.
  • Plan changes: whenever it wants, from the panel. When upgrading, the proportional part of the remaining period is charged. When downgrading, what is left over from what was already paid stays as credit in the workshop's favour and is deducted from the following charges; it is not refunded in money. If, when downgrading, the workshop has more people than the new plan allows, it has 7 days to adjust; it is warned twice, and if it does not adjust, the surplus accounts are suspended, starting with the most recent.
  • Non-payment: if a charge fails, Stripe retries it several times and the workshop is notified; in the meantime work continues normally. If in the end it cannot be charged, the workshop is paused: it can view and export everything, but cannot save new changes until it adds a valid payment method. Data is not deleted because of non-payment as long as the workshop does not cancel.
  • Price changes: they will be announced at least 30 days in advance and will apply from the following period. If it does not agree, the workshop can cancel beforehand, without penalty.
  • Refunds: Torqua is a service for professionals and the trial is free, so there is no right of withdrawal. Even so, if the workshop cancels within the 14 days following the first charge after the trial and in that time has not issued any invoice with Torqua, that charge is refunded in full; it is enough to ask by writing to info@torqua.app. Outside that case, what has been charged is not refunded. An overcharge —a duplicate, or our mistake— is always refunded, without having to ask.

4. Cancellation

  • No minimum term. The workshop cancels from the panel whenever it wants; it keeps everything until the end of the period already paid and is not charged anything more after that. The part of the current period is not refunded, except in the case of the first charge in point 3.
  • Once the cancellation takes effect, the data is kept for 30 days in case the workshop comes back. After that it is permanently deleted, and from backups when they expire (30 more days), except the invoices issued with Torqua, their invoicing records and the customer data that appears on them. These are kept blocked —nobody uses them, they are only handed over to the workshop or to an authority that requests them— until the period the law requires them to be kept ends (six years), and then they are deleted too.
  • Before leaving, the workshop must download whatever it needs to keep, in particular its invoices, which the law requires it to keep: six years in Spain (Commercial Code, art. 30) and ten in Portugal (Código do IVA, art. 52). During those 30 days it can ask for help exporting them by writing to info@torqua.app.

5. The workshop's invoicing and VERI*FACTU

  • Torqua is the software with which the workshop issues its invoices; the workshop is the one who issues them and is responsible for their content (amounts, taxes, customer details) and for its tax obligations.
  • If the workshop sets it up with its certificate, Torqua sends the invoicing records to the Spanish Tax Agency on its behalf, as provided for by the VERI*FACTU system. The certificate is stored encrypted and is only used for that. In the Basque and Navarre regional tax territories, the corresponding system (TicketBAI) is used.
  • The software's statement of compliance (declaración responsable), required by the Regulation on invoicing systems, is available within the product and is linked when subscribing.
  • Outside Spain, Torqua does not issue invoices with tax validity until it complies with that country's system. In particular, in Portugal invoicing requires software certified by the Autoridade Tributária and Torqua is not certified: a Portuguese workshop can use everything else, but not the invoicing module, which the product itself does not allow to be switched on.
  • An issued invoice is not deleted or modified: it is corrected with another one, as the rules require.

6. The artificial intelligence Assistant

  • It is an assistant inside the panel that answers questions about the workshop's calendar and proposes actions, such as confirming, moving or proposing another time for an appointment. No proposal is carried out without a person at the workshop confirming it, and those nobody confirms expire.
  • It also drafts replies to the WhatsApp messages customers write. If the workshop switches on automatic replies, those drafts are sent without review, with a maximum of five automatic messages per customer per day. Switching it on is the workshop's decision, and the workshop is responsible for what is sent in its name.
  • AI can make mistakes. The workshop must review what it confirms and what it lets be sent.
  • Usage is measured in actions. The module, or the plan that includes it, comes with 100 actions a month, which do not carry over to the following month. More can be bought with the balance (section 8): those do not expire while the account is active, and are used after the included ones. A very long request may count as two actions.
  • It is processed by an AI provider (Anthropic), which is listed among the sub-processors in the Data Processing Agreement. Neither Torqua nor that provider use the workshop's data to train models: its commercial terms forbid it, and it deletes what it receives within 30 days.
  • Whoever talks to the AI knows it. WhatsApp automatic replies are identified as AI-generated, as required by article 50 of the European Artificial Intelligence Regulation. The workshop must not remove that identification or present those replies as written by a person.
  • The AI does not take decisions with legal effects on anyone: it proposes, and the workshop decides.

7. WhatsApp notifications

  • Notifications about appointments, quotes and invoices are sent from a Torqua number, with the workshop's name inside the message. Each plan includes a number of messages per month; above it they are not sent by WhatsApp, and the email notification is still sent.
  • Only people who have given their permission for that number are notified. The workshop can mark it in the customer's record —and by doing so declares that the customer has given it— or the customer can give it in their portal or when requesting an appointment. When, for which number and where it was given is recorded.
  • Anyone who replies STOP to a notification stops receiving them from all workshops that use Torqua, because the sending number is the same, and can only undo it by replying in that chat.
  • WhatsApp is a Meta service, which may restrict or suspend the number because of complaints or its own rules. Torqua does not guarantee the availability of that channel; email is the backup notification.

8. The balance

  • It is a prepaid balance in euros for what is charged separately from the subscription: Assistant actions and special vehicle lookups. It is topped up with €10, €25, €50, €100 or €200 from the panel, and charged by Stripe.
  • Spending it does not charge the card again, unless the workshop switches on automatic top-up. Each top-up and each expense can be seen in the panel.
  • Automatic options, only if the workshop administrator switches them on in the panel:
  • Buying Assistant actions automatically when the month's actions run out. They are paid with the existing balance; they do not charge the card.
  • Topping up with the card when the balance falls below the chosen threshold. By switching it on, the workshop authorises Torqua to charge that amount to the plan's saved card without being present, at most three times a day. If a charge fails, automatic top-up stops and the panel says so. It can be switched off at any time from the same place.
  • The prices of what is paid with the balance are those shown in the panel at the time of spending it.
  • The balance does not expire while the account is active. It can only be used to pay for Torqua services: it is not electronic money, it cannot be transferred to another workshop or exchanged for money while the account remains active.
  • On cancellation, the unspent balance is refunded if the workshop asks for it within the following 6 months, to the same card or account it was paid with. It is refunded always and without needing to be requested when the cancellation is caused by Torqua: because it closes the service, because it withdraws what was paid for with it, or because it closes the account without the workshop having breached anything.
  • Each top-up comes with its invoice, with the applicable VAT, at the time of paying it: for VAT purposes the balance is a single-purpose voucher and the tax is due when topping up, not when spending.

9. Proper use

The workshop will not use Torqua for anything illegal or to process data without a legal basis, will not try to access other workshops' data or get around the security measures, and will not resell it to third parties.

10. Data

  • The data the workshop puts into Torqua belongs to the workshop. Torqua processes it only to provide the service, in accordance with the Data Processing Agreement, which forms part of these terms.
  • The data of the workshop's people and of the workshop itself as a customer is processed by Torqua in accordance with its Privacy policy.
  • Each workshop is isolated from the others; none sees another's data.

11. Availability and changes to the service

Torqua works to keep the service available and makes daily backups, but does not guarantee an availability percentage or that the service will be free of interruptions or errors. There may be maintenance outages, which it will try to announce and carry out outside workshops' usual opening hours.

The product evolves: features may be added, changed or withdrawn. If something the workshop is paying for is withdrawn, it will be notified in advance and will be able to cancel.

12. Liability

  1. Torqua is liable without limit for damage it causes through wilful misconduct or gross negligence, for damage to people's life or health, and for anything a mandatory law does not allow to be limited. Nothing in this section reduces that.
  2. Outside those cases, Torqua's total liability to the workshop for all events occurring in a calendar year will not exceed what the workshop has paid Torqua in the 12 months before the first event giving rise to it. Nor, outside those cases, is it liable for loss of profit, loss of customers or other indirect damage.
  3. Torqua is not liable for what depends on the workshop: the content of its invoices and quotes, the data it enters and its legal basis for holding it, what its team does with their accounts, the AI replies the workshop confirms or lets be sent automatically, and the keeping of invoices it did not download before leaving.
  4. Nor for what it cannot control: an outage of internet providers, of Meta (WhatsApp), of the Spanish Tax Agency or of payment providers, an attack that could not be prevented with the measures in the Data Processing Agreement, or a decision of an authority.
  5. Data protection: each party is liable for what the GDPR attributes to it as controller or processor (art. 82), and this section does not limit what the GDPR does not allow to be limited.
  6. These rules also apply in Portugal, where Decree-Law 446/85 prohibits limiting liability for wilful misconduct or gross negligence, which remains outside any limit, as point 1 states.

13. Suspension and termination

Torqua may suspend or close the account of a workshop that seriously breaches these terms (for example, illegal use or an attempt to access other people's data), notifying it unless the urgency does not allow it. In that case, the same rules as for cancellation apply to downloading the data.

14. Changes to these terms

They will be announced at least 30 days in advance, by email to the administrator and within the panel, saying what changes. If the workshop does not agree, it can cancel before they come into force, without penalty and with a refund of the unspent balance. If it continues to use Torqua after that date, it is deemed to accept them; the administrator will have to accept them expressly at their next sign-in, and this is recorded.

15. Law and courts

These terms are governed by Spanish law. As this is a contract between professionals, for any disagreement both parties submit to the courts of Torqua's registered address, waiving any other jurisdiction, unless a mandatory rule provides otherwise. This choice also applies to workshops in other EU countries (art. 3 of the Rome I Regulation and art. 25 of the Brussels I bis Regulation), without prejudice to the mandatory rules of the workshop's country that cannot be excluded by contract.

Before going to court, the parties will try to resolve it by writing to each other for at least 30 days.