These terms apply to anyone who uses Tobachat. Tobachat is meant only for businesses and organizations acting in the course of their trade or profession, not for consumers. By creating an account or using our service, you agree to these terms. We like to keep things short and clear.
1. WhatsApp and Meta
Tobachat operates on top of Meta's WhatsApp Business Platform. We have no control over what happens at Meta or WhatsApp and are not liable for it, including outages, policy changes, pricing changes, or the blocking or suspension of your WhatsApp Business account. Use of WhatsApp is entirely at your own risk.
Always comply with WhatsApp's rules (the Business and Commerce Policy). If you violate them (for example by sending unsolicited messages or offering prohibited products), WhatsApp may take action. In that case we cannot compensate you, refund any payments, or restore your account. If Meta or another party involved determines that the rules have been violated, we may suspend the service immediately.
2. Coexistence (app and dashboard together)
If you use Tobachat alongside the regular WhatsApp Business app on your phone, we are only responsible for the data that passes through Tobachat. What happens on your own phone or in the WhatsApp app falls outside our responsibility. Make sure you properly secure that device yourself.
Due to technical limitations of WhatsApp, the chat history in the app and in Tobachat may sometimes differ. We cannot guarantee complete or real-time synchronization, and the dashboard is not intended as the sole source for statutory retention obligations.
3. Your responsibilities
- You comply with WhatsApp's rules and with the law, including the GDPR and the Dutch Telecommunications Act.
- You do not use the platform for products or services that are not permitted under the WhatsApp Commerce Policy, nor for anything unlawful, misleading, or harmful.
- You only send messages to people who have given prior consent (opt-in). You are responsible for that consent and must be able to demonstrate it.
- You keep your login credentials confidential and are responsible for everything that happens through your account.
- You do not sell or pass on access to Tobachat to third parties without our permission. If you give a partner access to your account, they act on your behalf and you are responsible for what they do.
If you do breach these rules, the consequences and any claims from third parties (such as Meta, your customers, or a regulator) are your responsibility.
4. Fair use
To keep the platform stable and reliable, we ask you to use it responsibly. Do not send such large volumes of messages in a short period that the system becomes unstable, and do not behave in a way that structurally damages the quality or reputation of your phone number or of the platform. We may throttle your usage or suspend access if necessary.
5. Subscription and payment
The free plan costs nothing and needs no payment details. It includes 50 real conversations once per WhatsApp number and 100 test replies from the AI agent a month. A paid plan includes a set number of conversations a month. A conversation is a customer writing to you, plus the 24 hours after that; a campaign message nobody answers does not count. Once your conversations run out, your inbox keeps working, but after a short margin the AI agent stops until you buy more conversations or a new period starts. If you are not satisfied within the first 30 days of your first paid subscription, you get that amount back.
A subscription is billed monthly or yearly, as you choose, and renews automatically until you cancel. We invoice in advance. You can cancel at any time, in your account or by emailing [email protected]. Cancellation takes effect at the end of the period you have already paid for: the end of that month for a monthly subscription, the end of that year for a yearly one. Until then, you can keep using Tobachat as normal. Outside those first 30 days, amounts already paid are not refunded, including in the event of early termination or suspension. We may adjust prices; we will announce changes well in advance, and they take effect from the next billing period. If a partner pays for your plan, you owe us nothing for it, and the price and payment terms you agree with that partner apply. Who pays for your plan changes through that partner or by agreement with us; your data stays yours and you can always take it with you. If that partner stops, your account moves to the free plan until you choose a plan yourself.
Meta's message charges are not part of your subscription. Meta bills you for them per message, directly, through the payment method on your WhatsApp Business account. We add nothing on top.
6. Availability
We make every effort to keep Tobachat running well, but we provide the service "as is". We do not guarantee uninterrupted or error-free availability and may (temporarily) modify, restrict, or interrupt the service for maintenance. You cannot derive any rights from previously mentioned or expected availability.
7. Suspension and termination
We may suspend your access or terminate the agreement if you fail to comply with these terms or WhatsApp's rules, in the event of (suspected) misuse, or if you do not pay on time. Where reasonable and possible, we will first issue a warning. We are not liable for any damage resulting from a suspension or termination.
8. Liability
To the extent permitted by law, our total liability is limited to the amount you paid to Tobachat in the three months preceding the event that caused the damage, with a minimum of €250. All events in one calendar year together never add up to more than €2,500. We are not liable for indirect damage, consequential damage, lost profits, lost savings, or loss of data.
We are only liable if you first give us written notice of default with a reasonable period to remedy the shortcoming, and we still fall short after that, unless a remedy is no longer possible. Report any damage to us in writing within 30 days after you discovered it or could reasonably have discovered it. A claim lapses 12 months after that moment.
These limitations do not apply in the event of intent or deliberate recklessness on our part, or in other cases where the law does not permit liability to be limited.
9. Indemnification
You indemnify Tobachat, on first request, against all claims from third parties (including Meta/WhatsApp, your own customers, and regulators) and the associated damage and costs, including reasonable legal costs, arising from your use of the service, from messages and other content that you or the AI send or store on your behalf, or from non-compliance with these terms, WhatsApp's rules, or the law.
10. Changes and applicable law
We may amend these terms. We will notify you of significant changes well in advance, by email or in the dashboard. If you continue to use Tobachat afterwards, you agree to the new version; if you do not agree, you can cancel. The version that applies is shown at the top of this page. We will send you an earlier version on request.
These terms are governed by Dutch law. Any disputes will be submitted to the competent court in the district where Tobachat is established.
11. Data processing agreement
For your customers' messages and contacts, we are the processor and you are the controller. What we may do with that data is set out in the data processing agreement, which forms part of these terms. You do not have to sign it separately.
12. AI features
Tobachat has AI features, such as the AI agent and suggested replies and texts. What the AI produces is generated automatically and can be wrong, incomplete or inappropriate. We do not guarantee that it is correct, and it is not advice. We may change, limit or stop AI features and the models behind them.
You decide whether the AI only suggests or also sends, what information it uses and what limits it has, and you are responsible for everything sent on your behalf. Check important information, such as prices, availability and commitments, and keep a person involved where that matters. We are not liable for damage caused by the content of AI replies, except in the event of intent or deliberate recklessness on our part.
13. Force majeure
We are not liable when we fall short because of force majeure. This includes an outage, change, restriction or termination at a party we depend on, such as Meta and WhatsApp, hosting and cloud providers, AI providers, payment services and internet and telecom providers, an attack on our systems, and a government measure. If force majeure lasts longer than 60 days, either of us may end the agreement. Force majeure gives no right to a refund or compensation.
14. Intellectual property
All rights in Tobachat and in what we create for it remain with us or our licensors. For as long as your agreement runs, you may use Tobachat for your own organization. You keep the rights to your own content, such as messages, contacts, templates, images and your knowledge base, and you give us the right to use it as far as needed to provide the service. You warrant that you are entitled to use that content. We may freely use ideas and feedback you give us.