BarqAI

WhatsApp platform terms

Last updated October 6, 2026

These terms are an agreement between your business ("you") and Toubbali OÜ (registry code 17054922, Soo tn 13-7, 10414 Tallinn, Estonia, trading as "BarqAI", "we") for the use of the BarqAI WhatsApp platform ("the platform"). By connecting a WhatsApp number or using the platform you accept them on behalf of your business, and you confirm you are authorised to do so. A signed order or contract with us takes precedence where it differs. Custom software projects fall under our general terms of service.

1. The platform

The platform connects your WhatsApp Business number to BarqAI through Meta's WhatsApp Business Platform. It lets you run bots that answer your customers, generate replies with AI, and handle conversations as a team. BarqAI is an independent technology provider. We are not owned by, affiliated with or endorsed by Meta or WhatsApp.

2. Your Meta and WhatsApp accounts

You connect using Meta's Embedded Signup. You keep ownership and control of your Meta business portfolio, WhatsApp Business Account and phone number, and you can remove our access at any time, as described on the data deletion page.

When you connect, you agree directly with Meta to the WhatsApp Business Terms of Service and the Meta Terms for WhatsApp Business Platform, and you must follow the WhatsApp Business Messaging Policy and Meta Commerce Policy. Those agreements are between you and Meta. Breaking them is also a breach of these terms.

Meta can change its products, prices and policies, and can review, limit or disable templates, numbers and accounts. We are not responsible for Meta's decisions or for WhatsApp outages, but we will tell you what we know and help you respond.

3. Messaging rules

You are responsible for every message sent from your number, whether your team, a bot or AI wrote it. In particular you must:

  • message only people who gave you their number and agreed to receive messages from you, and stop when they ask you to;
  • use Meta-approved templates to start a conversation or to write outside the 24-hour customer service window;
  • whenever a bot is answering, give people a clear and direct way to reach a person, such as a handover in the chat, a phone number or an email address;
  • not present a bot as a human, and tell people they are talking to an automated assistant wherever the law requires it, including under the EU AI Act;
  • not ask people for full payment card numbers, bank account numbers, national ID numbers or other sensitive identifiers over WhatsApp;
  • not sell or promote anything the Meta Commerce Policy prohibits, and not send spam or unlawful, deceptive or harassing content.

Bots on the platform must serve your own business and its customers, for example by answering questions, taking bookings or following up on orders. Meta does not allow general-purpose AI assistants to be offered on WhatsApp, so you may not use the platform to provide one to the public or to resell access to an AI model.

4. Bots and AI replies

You write the instructions, answers and documents your bots use. You are responsible for them being accurate and lawful, and for having the right to use them. Do not put anything in bot settings that you would not want a customer to read, because a bot may repeat it.

AI replies come from third-party models, listed in the WhatsApp platform privacy policy, and can be wrong, incomplete or inappropriate even with good instructions. Check that they fit your use, keep a person involved for anything that matters, such as prices, bookings, health, legal or financial questions, and correct mistakes promptly. We do not guarantee any particular output.

5. Fees

Our fees, billing period and payment method are set out in your plan or order. Prices are in euros and exclude VAT unless stated otherwise. If a payment is more than 14 days overdue, we may pause the platform after giving you 7 days' notice by email.

Meta charges separately for WhatsApp messages under its own pricing. You pay those charges directly to Meta, with the payment method on your WhatsApp Business Account. They are not part of our fees, and questions about them go to Meta.

6. Your data

Your conversations, contacts and bot settings belong to you. You let us use them only to provide, secure and support the platform for you. The WhatsApp platform privacy policy describes what we process and who helps us.

You are the controller of your customers' personal data. You are responsible for having a legal basis to process it, for the opt-in WhatsApp requires, and for telling your customers in your own privacy notice that you use BarqAI, and AI providers where your bots use AI, to handle their messages.

7. Data processing terms

This section is the data processing agreement under Article 28 of the GDPR for the personal data we process on your behalf.

  • Subject and duration: providing the platform, for as long as you use it and until the data is deleted as described below.
  • Nature and purpose: receiving, storing, displaying and sending WhatsApp messages, running your bots and generating AI replies.
  • Data subjects: people who message your WhatsApp number or whom you message, and your staff who use the platform.
  • Personal data: phone numbers, WhatsApp profile names, message content including media, timestamps and statuses, and notes your team adds. Do not use the platform to collect special categories of data, such as health data, unless the law allows it and you have told us in writing first.

We:

  • process the data only on your documented instructions, which are these terms and the way you set up the platform, unless the law requires otherwise, in which case we tell you first where the law allows;
  • tell you if we believe an instruction breaks data protection law;
  • make sure everyone with access to the data is bound by confidentiality;
  • apply appropriate technical and organisational security measures under Article 32, including encryption in transit, encrypted storage of access tokens, hosting in the EU and access limited to people who need it;
  • use the sub-processors listed in the privacy policy, which you authorise; we bind each to data protection terms at least as protective as these, email you at least 30 days before adding or replacing one, and if you object you may end the service without penalty;
  • transfer data outside the European Economic Area only with appropriate safeguards, such as the EU standard contractual clauses;
  • help you answer requests from the people whose data it is, and with security, breach notification, impact assessments and consultations with authorities, as far as our role allows;
  • notify you of a personal data breach affecting your data without undue delay, and within 48 hours of becoming aware of it;
  • delete the data within 30 days after the service ends, or first return it in a common format if you ask before then, unless the law requires us to keep it;
  • give you the information needed to show we comply with this section, and allow an audit by you or an auditor you appoint, on reasonable notice, at your cost and no more than once a year unless a breach or an authority requires it.

8. Availability and support

We work to keep the platform running and to fix problems quickly, but we do not promise uninterrupted service unless your order includes a service level. The platform depends on Meta, our hosting and AI providers, and planned maintenance, which we announce in advance where we can. Support is by email at contact@barqai.agency on working days.

9. Suspension and ending

You can stop using the platform at any time by removing BarqAI's access in Meta and asking us to close your account, as described on the data deletion page. Billing periods already started are not refunded unless your order says otherwise.

We can end the service for you with 30 days' notice by email. We can suspend or end it immediately if you seriously breach these terms or WhatsApp's policies, if your use puts our Meta access or other customers at risk, or if Meta or the law requires it.

When the service ends, we stop processing your messages, delete our access tokens, and delete your data as described in section 7.

10. Liability

The platform is provided as is. To the extent the law allows, our total liability under these terms in any 12 months is limited to the fees you paid us in those 12 months, and neither side is liable for indirect losses such as lost profit, lost business or lost data. We are not liable for Meta's actions, for limits Meta places on your number because of how you message people, or for decisions you make based on AI replies. Nothing limits liability for intent or gross negligence.

You are responsible for claims brought against us by others, including Meta and your customers, that arise from messages you send, content you put on the platform, or your breach of WhatsApp's policies.

11. Changes to these terms

We may update these terms, for example when Meta changes its rules. For material changes we email you at least 30 days before they take effect, and if you do not agree you can stop using the platform before then. Changes that Meta or the law require may take effect sooner.

12. Law and disputes

These terms are governed by the laws of the Republic of Estonia. Disputes that cannot be settled by talking are resolved in Harju County Court, Tallinn.

13. Contact

Questions about these terms: contact@barqai.agency.