Terms of Service

Please read these terms carefully. By using B2Chat and opening an account with us you accept these terms. This is a legal document.

“B2Chat” is owned by the company B2Chat S.A.S (known as “B2Chat”, “I”, “Our” or “We”) based in Medellín, Colombia. As a customer of this service you are a “User” or “You” under this agreement. Any service offered by us will be referred to as B2Chat “or” Service “.

1. Eligibility

To use B2Chat, you must:

  • Be at least eighteen (18) years of age and be able to enter into contracts.
  • Complete the registration process.
  • Accept the terms and conditions and the personal data processing policy.
  • Provide true, complete and up-to-date contact information.

By using B2Chat, you represent and warrant that you meet all of the requirements listed above and that you will not use B2Chat in a way that violates any laws or regulations. B2Chat may refuse service, close accounts of any user, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for B2Chat and continues as long as you use the Service. By clicking the “Register” button and entering your username you have officially “signed” the Terms. If you sign up for B2Chat on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on its behalf.

3. Closing your account

B2Chat may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our service to you at any time, with or without cause. If we terminate your Account without cause, we will refund a prorated portion of your prepaid monthly payment. We will not refund you if there is cause for misuse, such as a violation of these Terms. Once terminated, we may permanently delete your account and all data associated with it. View cancellation policy here

4. Changes

We may change any of the Terms by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. We may change our monthly fees at any time by posting new pricing plans on the website and/or by sending you an email notification. Unless you cancel your Account within ten (10) calendar days, the new Terms will be effective immediately and will apply to any continued or new use of B2Chat. We may change the Website, the Service, or any feature of the Service at any time.

5. Account and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account you have access to, whether or not you authorize the use. You will notify us immediately of any unauthorized use of your accounts. We are not responsible for any loss due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we can only reset your password.

6. Payment

Our monthly plan charges are posted on our website and may be changed to reflect updates and feature changes. Payments are debited month to month on the same date, or the nearest date, to the day you enrolled with us and made your first monthly payment after the Trial Period (the “Payment Date”). If you reach another pricing tier, then you will need to pay at the higher tier on or before the next payment date.

7. Credit Cards

While you are a User or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct monthly charges from that credit card. You will replace the information of any credit card that expires with information from a different valid credit card. Any person using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected.

If, for any reason, we are unable to process your credit card order, we will attempt to contact you by email and will suspend your account until your payment can be processed.

8. Refunds

You are not entitled to a refund if your account was blocked or interrupted by the messaging networks supported on the platform, over which we have no influence. We may offer a refund on a case-by-case basis if a user requests one.

9. Commercialization and Marketing

Depending on the information you provide us, we may use company information for marketing purposes, such as displaying testimonials including the company name and/or logo. Personal user data, conversations on the platform, or any other private information (such as payment information) are not subject to the marketing purposes mentioned above.

10. Personal Data Protection Considerations

In the execution of its activities, B2Chat may have access to personal databases as a Data Processor. For these purposes, internal procedures designed to ensure the proper processing of personal data will apply. Also, please note the following considerations arising from the role of B2CHAT as Data Processor, under the terms of Law 1581 of 2012, with respect to the personal data processed by the Client as Data Controller.

Under the applicable regulations (such as Law 1581 of 2012 and other supplementary rules), You act as the Data Controller and will transmit personal data to B2Chat, who, for the purposes of such personal data, will act as Data Processor. Accordingly, pursuant to the applicable regulations, in particular Article 2.2.2.25.5.2 of Decree 1074 of 2015, You accept the following terms regarding personal data protection.

The scope of the transmission operation will be the fulfillment of this contract and the legal and contractual obligations arising from the relationship between You and B2Chat. The activities to be performed by the Data Processor on behalf of the Data Controller shall be: (i) those set forth in this contract; (ii) carrying out administrative, operational, commercial, and technical tasks by B2Chat regarding the Personal Data of the Data Controller’s Personal Databases; (iii) operations necessary to fulfill any other purpose related to B2Chat’s services or the obligations established for the parties; and (iv) to fulfill legal obligations that may arise by virtue of the relationship between the parties.

10.1 The Data Processor is obligated to the data subject and the Data Controller to fulfill its obligations as Data Processor, as defined in Law 1581 of 2021 and complementary regulations. The Data Processor undertakes to process data in accordance with the purpose authorized by the Data Subjects, where applicable, and with applicable laws.

10.2 Obligations of the Data Controller. By accepting these Terms of Service, the Data Controller, in addition to the obligations imposed by Law 1581 of 2012 and any complementary applicable law, declares and agrees to:

  1. Provide Instructions for the Processing of the Data Controller’s Personal Data under the transmission.
  2. Declare that the purposes correspond to and are consistent with those authorized by the Data Subject.
  3. Where prior Authorization for this transmission is required, declare that it has sufficient capacity to dispose of and decide on the Data Controller’s Personal Data and has obtained the corresponding Authorization from the Data Subject, or their legal representative, and has kept a copy thereof through means that allow subsequent consultation.
  4. Guarantee to the Data Subjects, through legally established mechanisms, the exercise of the rights corresponding to them as Personal Data Subjects.
  5. Fully comply with and abide by the respective obligations according to the aforementioned role of Data Controller pursuant to Law 1581 of 2012.

10.3 Obligations of the Data Processor. By accepting these Terms of Service, the Data Processor declares and agrees to:

  1. Process, on behalf of the Data Controller, the Personal Data of the Data Subjects in its capacity as Data Processor in accordance with this Contract and the principles governing them, in accordance with the Data Controller’s Instructions for such purpose.
  2. Safeguard the security of the Personal Data of Controllers and/or databases containing such data that may be subject to transmission in accordance with Colombian law.
  3. Maintain absolute confidentiality regarding the Processing of the Data Controller’s Personal Data, including extending the duty of confidentiality to employees or other personnel who may be involved in the Processing of Personal Data.
  4. The Data Processor’s personnel shall only proceed with Personal Data Processing to the extent necessary to fulfill the Data Controller’s instructions and with sufficient authorization according to their position.

10.4 Compliance with applicable law. The Data Controller and Data Processor declare and understand that they are subject to compliance with Law 1581 and the Applicable Law, and that to the best of their knowledge, this Personal Data Transmission Agreement fully complies with applicable legal mandates.

10.5 Delegation of processing. The Data Controller understands and accepts that the Processing of the Data Controller’s Personal Data may be delegated by the Data Processor to a third-party subcontractor in Colombian territory or abroad, where applicable.

11. Subprocessors and Service Data Security

11.1 Subprocessors.

At B2chat, we work with external providers called subprocessors who help us deliver our services. These subprocessors may process service data (which may contain personal data) on our behalf and are responsible for tasks such as cloud storage and processing, data analytics, and other technology infrastructure-related services. Subscribers will be notified by email of any changes to the Subprocessor Policy. This email will include a reminder to review the latest update to said policy, where they will also be able to find an updated list of the subprocessors we use, available on our website.

By accepting this document, you authorize us in general to work with these subprocessors. B2chat commits to being responsible for any actions or errors these subprocessors may make, just as if we had performed those tasks ourselves.

11.2 External service providers.

In some cases, B2chat works with external companies that help us with additional services, but these companies do not have access to service data. Even so, we ensure that they comply with strict confidentiality rules similar to our own. B2chat takes responsibility for any actions or errors of these companies, just as if we had performed those services ourselves.

11.3 Safeguards.

At B2chat, we apply strict security measures to protect your data. These include administrative, physical, and technical controls designed to ensure the security, confidentiality, and integrity of service data. Protection measures apply to business and innovative services. If we use additional services, we also apply specific terms to protect your data. Compliance with these measures ensures that B2chat is fulfilling its responsibility to keep your data secure, as established in this agreement.

12. Storage

Regarding services that involve information storage, the Client acknowledges and agrees that (a) the Platform will retain such information for as long as the Client has an active Subscription, and that, in the event of Subscription termination, B2chat will retain such information through third-party cloud storage services (AWS) for a period of up to 30 days, after which it will be deleted; and (b) if the Client subscribes again after this period, B2chat does not guarantee the existence or preservation of the Client’s prior information history. In the event of Subscription revocation due to Client breach, B2chat will not retain the information under the terms mentioned above.

13. General Rules

Please note that the following actions violate our Terms of Service:

  • Sending advertisements or any other form of commercial solicitation.
  • Sending spam or unsolicited messages.
  • Submitting content (in status, profile images, or messages) that is illegal, obscene, threatening, harassing, hateful, racially or ethnically offensive, or inappropriate.
  • Being disruptive to other users.
  • Being a repeat offender.
  • Using an automated system on your end to send messages.

If you do not comply with the rules mentioned above, we will notify you and ask you to change your behavior. In the event of repeated violation of the General Rules, we have the right to immediately close your Account without prior notice.

13.1 Prohibited organizations and uses

  • We prohibit organizations or individuals involved in activities related to terrorism or organized crime from using B2chat’s Services.
  • We prohibit the use of B2chat’s Services to facilitate or organize criminal activities, such as exploiting or causing physical, financial, or other harm to individuals, businesses, or animals.
  • We prohibit the use of B2chat’s services to operate, buy, sell, promote, or otherwise facilitate the exchange of illegal products or services.
  • We prohibit the use of B2chat’s services to buy, sell, promote, or otherwise facilitate the exchange of certain regulated or restricted goods and services, as determined at our sole discretion, including the following:
    • Firearms
    • Drugs (whether prescription, recreational, or otherwise)
    • Endangered species (fauna and flora)
    • Live animals that are not endangered (livestock not included)
    • Hazardous products and materials
    • Real, virtual, or counterfeit currency, including initial cryptocurrency offerings and binary options
    • Body parts or bodily fluids
    • Business models, products, items, or services that we determine are or may be fraudulent, deceptive, or offensive, that are or may be exploitative or inappropriate, or that exercise or may exercise undue pressure on target groups
    • Real-money gambling

14. Reporting Abuse

If you believe someone is violating these Terms, we ask that you report it to us immediately. We also want to know if you have received spam emails originating from a B2chat user. Similarly, if you believe someone has posted content that infringes copyright or if you detect events related to information security, do not hesitate to notify us by sending an email to seguridad@b2chat.io. Your cooperation is essential to maintain a safe and reliable environment.

15. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We and our team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if based on negligence or we have been advised of the possibility of such damages. Our total liability for all claims made about the Service in any month will not exceed what you paid us for the Service the previous month.

15.1. Description and Use of the AI Assistant.

B2Chat offers an artificial intelligence (AI) assistant powered by third-party technologies, including OpenAI, which can be enabled by the User in the communication channels available on the Platform, such as WhatsApp, Telegram, Facebook, and Instagram. This assistant is configured to assist with sales, customer service, or other similar functions, according to the User’s preferences. The User is responsible for the configuration, training, and supervision of the AI assistant, including the definition of prompts, input data, and interaction rules.

15.2. AI Limitations.

The AI assistant is not infallible and may generate inaccurate, incomplete, biased, or fictitious responses (known as “hallucinations”), based on training data patterns that do not guarantee absolute accuracy. These limitations may include, but are not limited to: factual errors, misinterpretations of queries, generation of unsolicited content, or responses that do not reflect reality. B2Chat does not guarantee the accuracy, truthfulness, usefulness, or suitability of responses generated by the AI assistant for any specific purpose.

15.3. Disclaimer of Liability.

The User agrees that the use of the AI assistant is at their own risk. B2Chat, its affiliates, providers (including OpenAI), and representatives will not be liable for any damage, loss, claim, demand, or harm arising from the use of the AI assistant, including, without limitation: (i) hallucinations or inaccuracies in responses; (ii) commercial, financial, or personal decisions made based on such responses; (iii) violations of applicable laws, third-party rights, or privacy regulations caused by the generated content; or (iv) interruptions, failures, or unavailability of the AI service. This disclaimer applies even in cases of negligence, unless willful misconduct or gross negligence on the part of B2Chat is demonstrated.

15.4. No Warranty.

The AI assistant is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. B2Chat does not warrant that the AI assistant will meet the User’s specific requirements or that it will be error-free.

15.5. Limitation of Damages.

In no event shall B2Chat be liable for indirect, consequential, incidental, special, or punitive damages, including loss of profits, data, or business opportunities, arising from the use of the AI assistant, regardless of whether the possibility of such damages has been advised. B2Chat’s total liability for any claim related to this Section shall not exceed the amount paid by the User to B2Chat in the twelve (12) months prior to the event giving rise to the claim.

15.6. Indemnification.

The User agrees to indemnify, defend, and hold harmless B2Chat, its affiliates, and providers (including OpenAI) against any claim, demand, loss, or expense (including attorney’s fees) arising from: (i) the User’s use or configuration of the AI assistant; (ii) AI-generated content that violates third-party rights; or (iii) breach by the User of their obligations under these Terms and Conditions.

15.7. Recommendations to the User.

The User is strongly recommended to: (i) monitor and validate all responses generated by the AI assistant before using them in interactions with end users; (ii) inform their end users (for example, through initial messages or privacy policies) about the limitations of AI, including the risk of hallucinations; and (iii) not rely exclusively on the AI assistant for critical or sensitive decisions. Failure to follow these recommendations does not exempt the User from their responsibility.

15.8. Updates and Changes.

B2Chat reserves the right to modify, suspend, or discontinue the AI assistant at any time, without prior notice, due to changes in third-party technologies or for any other reason. The User will be notified of significant changes through the Platform.

16. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. This means that we do not offer warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.

17. Indemnification

You agree to indemnify and hold our Team harmless from any loss (including attorney’s fees) resulting from any claim you make that is not permitted under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify us and hold us harmless from any loss (including attorney’s fees) resulting from third-party claims that you or someone who used your password did something that, if true, would violate any of these Terms.

18. Disclaimer

We and our Team are not responsible for the behavior of any advertiser, linked website, or other member.

19. Terms and Conditions for Use of the WhatsApp Business API

By using the WhatsApp Business API channel through B2Chat, I understand that I must follow WhatsApp’s rules and terms, as well as its privacy and data security policies. If I do not comply with these rules, WhatsApp has the right to take actions such as limiting, restricting, suspending, or canceling my business account, at its discretion.

I also understand and accept that B2Chat will not be responsible for changes made by WhatsApp.

WhatsApp Commerce Policy

https://www.whatsapp.com/legal/commerce-policy?locale=en_US&draft=263888582452480&lang=en

20. Explicit Consents

The sections listed below under “Explicit Consents” and “Acceptable Message Types” only apply to the B2chat Solution (B2chat API).

  • B2Chat may update this B2chat Messaging Policy (“Change”) without prior notice (unless required by law). If you continue to use B2chat’s Services after such Change, it means you accept this Change.
  • We may limit or interrupt your access to, or use of, B2Chat’s Services if you receive too many negative comments, cause harm to B2Chat or our users, or violate (or encourage others to violate) our terms or policies, as determined at our sole discretion.