These terms apply to anyone who uses Tobachat, part of Ciro Byte Solutions (Dutch Chamber of Commerce no. 81089058). 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 — think of 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 involved party 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 to 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 will 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 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
Subscriptions continue and are automatically renewed until you cancel. Invoices are billed in advance. Amounts already paid are not refunded, including in the event of early termination or suspension. We may adjust prices; we will announce changes in advance and they will take effect from the next billing period.
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 in case of late payment. 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. We are not liable for indirect damage, consequential damage, lost profits, missed savings or loss of data. A claim lapses if you do not report it to us in writing within a reasonable period after discovery.
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 against all claims from third parties — including Meta/WhatsApp, your own customers and regulators — and the associated costs, arising from your use of the service 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 in advance. If you continue to use Tobachat afterwards, you agree to the new version.
These terms are governed by Dutch law. Any disputes will be submitted to the competent Dutch court.