These Terms of Service ("Terms") govern your use of TocoRate, a competitor price monitoring service operated by IT Nest Limited, a company registered in Hong Kong (Company No. 77297048) with a trading address at 66 Paul Street, London, EC2A 4NA, United Kingdom ("we", "us", "our").
By using our website or subscribing to our service, you agree to these Terms. If you do not agree, do not use our service.
1. Service Description
TocoRate provides automated competitor price monitoring for hotels, vacation rentals, and other accommodation properties. Our service includes:
- Daily collection of publicly available pricing data from online travel agencies (OTAs) and booking platforms
- Comparison reports delivered via email, WhatsApp, or Telegram
- Day-over-day price change tracking
- Historical price data storage for the duration of your subscription
2. Account and Subscription
2.1 Eligibility. Our service is intended for business use. By subscribing, you represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of your business.
2.2 Setup. After subscribing, you provide us with a list of competitor properties to monitor. We set up monitoring within 24 hours of receiving your list.
2.3 Free trial. We may offer a free trial period. During the trial, you receive full access to the service for a limited number of properties. At the end of the trial, you may choose to subscribe to a paid plan. If you do not subscribe, the service will stop and no charge will be made.
2.4 Changes to monitored properties. You may request changes to your competitor list at any time by contacting us. Changes are applied within 24 hours.
3. Pricing and Payment
3.1 Pricing. Our pricing is per monitored property per month, based on volume tiers as published on our website. We reserve the right to change pricing with 30 days' notice to existing subscribers.
3.2 Billing. Subscriptions are billed monthly in advance. Payment is processed via Stripe in USD.
3.3 Refunds. Payments are non-refundable except where required by applicable law. If you cancel mid-month, you retain access until the end of the billing period.
3.4 Late payment. If payment fails, we will notify you and may suspend service after 7 days of non-payment.
4. Data Accuracy Disclaimer
4.1 No guarantee of accuracy. Price data is collected from publicly available sources including Google Hotels and other aggregators. We make reasonable efforts to ensure accuracy, but we do not guarantee that:
- All prices displayed are current or complete
- All OTA platforms are covered for every property
- Price data reflects final booking prices including taxes and fees
- Data is available for every date or property requested
4.2 Not financial advice. Our reports are for informational purposes only. Pricing decisions are your sole responsibility. We do not provide revenue management advice, pricing recommendations (unless separately subscribed to our Smart Pricing service), or guarantee any revenue outcomes.
4.3 No liability for pricing decisions. We are not liable for any loss of revenue, bookings, or business arising from pricing decisions you make based on our reports.
5. Acceptable Use
You agree to use our service only for legitimate business purposes. You may not:
- Resell, redistribute, or sublicense our reports or data to third parties without our written consent
- Use our data to engage in anti-competitive practices or price-fixing
- Attempt to reverse-engineer our data collection methods
- Use our service for any unlawful purpose
- Provide false information when subscribing
6. Intellectual Property
All content on our website, including text, design, logos, and software, is owned by IT Nest Limited and protected by applicable intellectual property laws. Our reports and data compilations are proprietary.
You may use the reports we provide solely for your internal business purposes. You may not reproduce, distribute, or publish them without our written consent.
7. Confidentiality
We treat your competitor lists, property details, and business information as confidential. We will not disclose this information to third parties except as required to deliver the service or as required by law.
8. Service Availability
8.1 Uptime. We aim to deliver reports every day but do not guarantee uninterrupted service. Factors outside our control, including changes to third-party platforms, may temporarily affect data availability.
8.2 Maintenance. We may temporarily suspend the service for maintenance or updates. Where possible, we will notify you in advance.
8.3 Platform changes. If a booking platform changes its publicly available data or blocks access, certain price data may become temporarily or permanently unavailable. This does not entitle you to a refund, though we will make reasonable efforts to restore coverage.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- Our total liability for any claim arising from or related to the service is limited to the amount you paid us in the 3 months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profit, bookings, or business opportunities.
- We are not liable for any damages arising from your reliance on the accuracy of price data in our reports.
Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud.
10. Cancellation and Termination
10.1 Cancellation by you. You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months.
10.2 Termination by us. We may terminate or suspend your account if you breach these Terms, fail to pay, or engage in conduct that harms our service or reputation. We will provide notice except in cases of serious breach.
10.3 Effect of termination. Upon termination, we will stop delivering reports. Your historical data will be deleted within 90 days unless you request it sooner.
11. Indemnification
You agree to indemnify and hold harmless IT Nest Limited, its officers, directors, and employees from any claims, damages, or expenses arising from your use of the service or your breach of these Terms.
12. Governing Law and Disputes
These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any disputes arising from or in connection with these Terms shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to the courts of Hong Kong.
Notwithstanding the above, if you are a consumer in the EU/EEA or UK, you retain any mandatory rights under local consumer protection laws that cannot be waived by contract.
13. Changes to These Terms
We may update these Terms from time to time. The updated version will be indicated by the "Last updated" date. For material changes, we will notify active subscribers by email at least 30 days before the changes take effect. Continued use of the service after changes take effect constitutes acceptance.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and IT Nest Limited regarding the use of TocoRate.
16. Contact Us
For questions about these Terms:
IT Nest Limited
66 Paul Street, London, EC2A 4NA, United Kingdom
Email: [email protected]