Last updated: February 28, 2026 · Effective immediately upon account creation or continued use of the Platform.
Table of Contents
These Terms and Conditions (hereinafter referred to as the “Agreement,” “Terms,” or “Terms and Conditions”) constitute a legally binding and enforceable contract between BarqAI (hereinafter referred to as “BarqAI,” “we,” “us,” or “our”) and the individual, sole proprietorship, partnership, private limited company, public limited company, or any other legal or natural person (hereinafter referred to as “User,” “you,” “your,” or “Customer”) who accesses, registers for, or in any manner whatsoever uses the BarqAI platform, software, application programming interfaces, websites, storefronts, dashboards, sub-domains, and all associated services offered thereunder (collectively, the “Platform” or the “Services”).
This Agreement is intended to govern all aspects of the relationship between BarqAI and the User, including but not limited to the use of the Platform, the provision of subscription-based services, the deployment of artificial intelligence-powered conversational agents, the management of WhatsApp Business sessions via third-party services, the generation and hosting of digital storefronts, the storage and processing of business and customer data, and all ancillary features and functionalities made available through the Platform at any point during the term of this Agreement. The User acknowledges that this Agreement is comprehensive in its scope and that it is the User's sole responsibility to read, understand, and comply with its provisions in their entirety before commencing use of the Platform.
BarqAI reserves the right, at its sole and absolute discretion, to modify, amend, revise, supplement, or otherwise alter these Terms and Conditions at any time and without prior notice to the User. Such modifications shall become effective immediately upon being published on the Platform or communicated to the User through any other reasonable means determined by BarqAI. The User's continued access to or use of the Platform following any such modification shall constitute the User's unconditional acceptance of the revised Terms and Conditions. If the User does not agree to any modification of these Terms, the User's sole remedy is to discontinue all use of the Platform and to request the deletion of the User's account in accordance with the termination provisions set forth herein.
These Terms and Conditions are to be read in conjunction with any additional policies, guidelines, schedules, exhibits, or supplementary documents referenced herein or otherwise made available by BarqAI, including but not limited to the BarqAI Privacy Policy, the Acceptable Use Policy, and any service-specific addenda. In the event of any conflict or inconsistency between these Terms and Conditions and any such supplementary document, the provisions of these Terms and Conditions shall prevail unless the supplementary document expressly states otherwise in writing.
For the purposes of this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below. The singular includes the plural and vice versa. References to persons include natural persons, corporations, partnerships, associations, and any other legal entities.
3.1 By accessing the Platform, creating an account, submitting an onboarding application, completing the registration process, clicking any button or checkbox indicating acceptance of these Terms, or by otherwise using any part of the Services in any manner whatsoever, the User irrevocably and unconditionally agrees to be bound by this Agreement in its entirety. This Agreement becomes effective on the earliest of: (a) the date on which the User first accesses the Platform; (b) the date on which the User submits an onboarding application; or (c) the date on which BarqAI communicates approval of the User's Business Account.
3.2 If the User is accessing or using the Platform on behalf of a legal entity, including but not limited to a company, partnership, or other organisation, the User represents and warrants that the User has full legal authority to bind such legal entity to this Agreement and that the User has obtained all necessary corporate authorisations, board resolutions, or other approvals required to enter into this Agreement on behalf of such legal entity. If the User lacks such authority, the User must not access or use the Platform.
3.3 The Platform is intended solely for use by businesses and individuals who are of the legal age of majority in their jurisdiction of residence or operation, and who have the legal capacity to enter into binding contracts under applicable law. BarqAI does not knowingly provide Services to minors. If BarqAI becomes aware that a minor has registered for an account, BarqAI reserves the right to immediately terminate such account without notice and without any obligation of refund.
3.4 The User acknowledges that this Agreement, together with all documents incorporated by reference herein, represents the complete and entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter. Any terms or conditions proposed by the User that are different from or in addition to those contained in this Agreement are hereby expressly rejected by BarqAI unless separately agreed in writing by an authorised representative of BarqAI.
4.1 BarqAI provides a multi-tenant software-as-a-service platform designed primarily for retail businesses, with a particular focus on computer hardware retail, consumer electronics, and related commercial categories operating within the Pakistani market. The Platform integrates artificial intelligence, natural language processing, WhatsApp Business messaging, inventory management, storefront generation, and business analytics capabilities into a unified dashboard accessible via web browser.
4.2 The Services are made available under two distinct Subscription Tiers: the Starter Plan and the Business Plan. Each Subscription Tier provides access to a defined set of Entitlements. The specific features included in and excluded from each Subscription Tier are described in Section 6 of this Agreement and in the BarqAI feature documentation, which may be updated from time to time. BarqAI makes no representation that the feature documentation constitutes a binding commitment to maintain any specific feature or capability indefinitely.
4.3 Business Plan Customers receive access to the AI Agent functionality, which enables automated responses to WhatsApp messages sent to the Customer's dedicated WhatsApp Business number. The AI Agent is powered by third-party large language model providers and responds based on the Customer's product inventory, configured settings, and trained parameters. The AI Agent communicates in Roman Urdu and English as appropriate to the context of each conversation.
4.4 All Customers receive access to a publicly accessible digital storefront hosted on a BarqAI-managed subdomain in the format “[businessslug].barqai.tech” or, for Business Plan Customers who have configured custom domain routing, on the Customer's own registered domain. The storefront is automatically generated from the Customer's product inventory and displays product listings, contact information, and WhatsApp call-to-action elements.
4.5 BarqAI reserves the absolute right to add, modify, suspend, deprecate, or remove any feature, module, integration, or capability of the Platform at any time and at its sole discretion, with or without notice to Customers. The discontinuation or modification of any feature shall not entitle the Customer to any refund, compensation, or reduction in Subscription Fees, except where BarqAI expressly determines otherwise in its sole discretion.
4.6 The Platform is provided on an “as is” and “as available” basis. BarqAI does not represent or warrant that the Platform will be available at all times, free from errors, secure from unauthorised access, or fit for any particular purpose beyond the Permitted Purpose described herein.
5.1 To access the Platform, the User must complete the registration process by providing accurate, current, and complete information as requested in the onboarding form. This information includes, without limitation, the business name, primary contact name, WhatsApp business phone number, business address, city, industry classification, bank account details for verification purposes, and any other information BarqAI may request from time to time. The User agrees to update such information promptly to ensure it remains accurate and complete throughout the term of this Agreement.
5.2 Account creation does not automatically entitle the User to access the Platform's features. All accounts are subject to a manual approval process conducted by BarqAI at its absolute discretion. BarqAI may approve or reject any application without providing reasons for its decision. The submission of an onboarding application does not create any obligation on BarqAI to approve such application or to provide the Services to the applicant.
5.3 Upon approval of a Business Plan application, BarqAI shall provision a WAHA instance on BarqAI's virtual private server infrastructure for the sole purpose of managing the Customer's WhatsApp Business session. The Customer is solely responsible for providing a dedicated mobile phone and SIM card for use with the Customer's WhatsApp Business account. BarqAI shall not be responsible for the procurement, maintenance, cost, or continued availability of the Customer's WhatsApp phone number or SIM card.
5.4 The Customer is solely and exclusively responsible for maintaining the confidentiality and security of all login credentials associated with the Customer's account, including email addresses, passwords, and API keys. The Customer must notify BarqAI immediately upon becoming aware of any actual or suspected unauthorised access to the Customer's account. BarqAI shall not be liable for any loss or damage arising from the Customer's failure to maintain the confidentiality of the Customer's account credentials.
5.5 The Customer may not create multiple accounts for the same business without prior written authorisation from BarqAI. BarqAI reserves the right to merge, suspend, or terminate duplicate accounts at its sole discretion.
6.1 Activation Fee. A one-time, non-refundable Activation Fee of PKR 10,000 (Pakistani Rupees Ten Thousand) is payable by all new Customers upon commencement of onboarding. This fee covers the cost of WhatsApp number connection, initial inventory import configuration, product category setup, storefront deployment, and the Day-1 staff walkthrough session. The Activation Fee is non-refundable once the onboarding process has commenced. The Activation Fee may be refunded at BarqAI's sole discretion if requested within 48 hours of account approval and prior to commencement of any onboarding activities.
6.2 Starter Plan. The Starter Plan is available at a Subscription Fee of PKR 4,500 (Pakistani Rupees Four Thousand Five Hundred) per calendar month. The Starter Plan includes access to the product dashboard, category management, CSV and Excel product import functionality, one-time WooCommerce product import via URL, inventory export, storefront on a BarqAI subdomain, and basic business profile management. The Starter Plan does not include access to WhatsApp AI automation, conversation management, customer analytics, lead management, invoicing, advanced analytics dashboards, cross-shop stock synchronisation, custom domain configuration, IndexNow submission, or storefront AI SEO regeneration. Starter Plan Customers who attempt to access Business Plan features through the Platform will receive an HTTP 402 Upgrade Required response.
6.3 Business Plan. The Business Plan is available at a Subscription Fee of PKR 9,000 (Pakistani Rupees Nine Thousand) per calendar month. The Business Plan includes all Starter Plan features plus: WhatsApp AI agent (Roman Urdu and English), AI-powered product search and PC build recommendations, lead capture and customer management, full invoicing module including Zoho CSV import, analytics dashboards, storefront custom domain configuration, IndexNow submission, AI SEO regeneration, cross-shop stock synchronisation partnership invitations, and priority support on a best-effort basis.
6.4 Billing Model. All billing in the current phase is conducted manually by BarqAI. There is no automated payment gateway or recurring billing system. Payments are accepted via bank transfer, JazzCash, or EasyPaisa. It is the Customer's sole responsibility to ensure timely payment of Subscription Fees. Failure to pay may result in suspension or termination of the Customer's account as described in Section 18.
6.5 Price Changes. BarqAI reserves the right to change its Subscription Fees at any time. BarqAI will endeavour to provide reasonable notice of fee changes, but is under no obligation to do so. The Customer's continued use of the Platform after a fee change constitutes acceptance of the new pricing.
7.1 Subscription Fees are due and payable on a monthly basis in advance. Payment is accepted in Pakistani Rupees (PKR) via bank transfer, JazzCash, or EasyPaisa, as communicated by BarqAI. The Customer is solely responsible for any bank transfer charges, mobile wallet fees, or other transaction costs associated with making payment.
7.2 If the Customer fails to make payment by the due date, BarqAI may, at its sole discretion and without prior notice: (a) suspend the Customer's access to all or part of the Platform; (b) terminate the Customer's account; (c) delete the Customer's WAHA instance and associated resources; or (d) take any combination of the foregoing actions. BarqAI shall not be liable for any loss or damage suffered by the Customer as a result of a suspension or termination due to non-payment.
7.3 All Subscription Fees paid are non-refundable, including but not limited to fees paid for the current billing period at the time of account termination, whether such termination is initiated by the Customer or by BarqAI. Partial-month refunds are not available under any circumstances.
7.4 The Customer is solely responsible for the accuracy of all payment information provided to BarqAI. BarqAI shall not be responsible for any delays, failures, or errors in payment processing arising from inaccurate payment information provided by the Customer.
8.1 The Customer agrees to use the Platform solely for the Permitted Purpose and in compliance with all applicable laws, regulations, and rules, including but not limited to laws relating to data protection, consumer protection, electronic commerce, anti-spam, and intellectual property. The Customer agrees not to use the Platform in any manner that is unlawful, fraudulent, harmful, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable.
8.2 Without limiting the foregoing, the Customer expressly agrees not to:
8.3 BarqAI reserves the right to investigate any suspected violation of this Acceptable Use Policy and to take appropriate action, including but not limited to suspension or termination of the Customer's account, without prior notice.
9.1 The Customer acknowledges and agrees that the WhatsApp messaging functionality provided through the Platform is dependent on the availability and policies of Meta Platforms Inc. and its affiliates. BarqAI is not affiliated with, endorsed by, or officially authorised by Meta Platforms Inc. The Customer is solely responsible for ensuring that the Customer's use of WhatsApp through the Platform complies with Meta's WhatsApp Business Terms of Service, WhatsApp Business Policy, and all other applicable Meta platform policies, as they may be amended from time to time.
9.2 The Customer understands that Meta Platforms Inc. may, at any time and at its sole discretion, ban, suspend, restrict, or otherwise limit the Customer's WhatsApp Business number or the Customer's access to WhatsApp services, including as a result of the Customer's messaging patterns, opt-out rates, complaint rates, or other factors determined by Meta. BarqAI shall have no liability whatsoever for any such ban, suspension, restriction, or limitation imposed by Meta, and no refund shall be due to the Customer in such circumstances.
9.3 The Customer is solely responsible for providing and maintaining a dedicated mobile phone and SIM card for use with the Customer's WhatsApp Business account. BarqAI does not provide, procure, or manage the Customer's WhatsApp phone number or SIM card. The monthly cost of the SIM card, data plan, and associated telecommunications services is the Customer's sole responsibility.
9.4 BarqAI makes no warranty or guarantee regarding the uptime, reliability, or performance of the WAHA service or the Customer's WhatsApp session. Disruptions to the WhatsApp session may occur due to WhatsApp app updates, session expiry, SIM card issues, network connectivity problems, Meta policy enforcement, or other factors beyond BarqAI's control. The Customer is responsible for monitoring the status of the Customer's WhatsApp session through the Platform dashboard and for rescanning the QR code when prompted.
9.5 BarqAI reserves the right to restart, reset, or otherwise manage the Customer's WAHA instance for maintenance, security, or operational purposes without prior notice.
10.1 The Customer acknowledges and agrees that the AI Agent's responses are generated automatically using large language model technology and are based on the Customer's product inventory data, configured prompts, and system parameters. AI-generated content is inherently probabilistic in nature and may contain inaccuracies, errors, omissions, hallucinations, or responses that are inconsistent with the Customer's intended business policies.
10.2 BarqAI makes no warranty, express or implied, regarding the accuracy, completeness, reliability, or fitness for purpose of any AI-generated content. The Customer is solely responsible for reviewing, monitoring, and verifying the accuracy of the AI Agent's responses and for ensuring that such responses comply with applicable consumer protection laws, advertising regulations, and the Customer's own business policies.
10.3 BarqAI shall not be liable for any loss or damage, whether direct, indirect, consequential, or otherwise, arising from any AI-generated content, including but not limited to: (a) incorrect product prices quoted by the AI Agent; (b) incorrect stock availability information; (c) incorrect compatibility recommendations; (d) offensive, inappropriate, or misleading responses; or (e) any other AI-generated output that causes dissatisfaction to the Customer's end customers.
10.4 The Customer acknowledges that AI systems may exhibit biases or unexpected behaviours, and that the performance of the AI Agent may vary depending on the quality and completeness of the Customer's product data, the complexity of customer queries, and other factors. BarqAI reserves the right to modify, retrain, or update the AI Agent at any time.
11.1 BarqAI and its licensors retain all Intellectual Property Rights in and to the Platform, including but not limited to the software code, algorithms, AI models, interface designs, branding, trademarks, service marks, logos, database structures, documentation, and all other elements of the Platform. Nothing in this Agreement shall be construed as transferring any Intellectual Property Rights in the Platform to the Customer.
11.2 Subject to the Customer's compliance with this Agreement and timely payment of all applicable fees, BarqAI grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the Permitted Purpose during the term of this Agreement. This licence does not permit the Customer to: (a) copy or reproduce the Platform; (b) modify, adapt, or create derivative works based on the Platform; (c) distribute, sell, or sublicense the Platform; or (d) use the Platform for any purpose other than the Permitted Purpose.
11.3 The Customer retains all Intellectual Property Rights in and to the Customer's own data, product listings, business information, and other Content uploaded to the Platform. The Customer grants BarqAI a worldwide, royalty-free, non-exclusive licence to use, store, process, reproduce, and display such Content solely to the extent necessary to provide the Services.
11.4 The Customer grants BarqAI the right to use the Customer's business name and logo in BarqAI's marketing materials, case studies, and promotional content, unless the Customer provides written notice to BarqAI requesting the removal of such references.
12.1 BarqAI collects, stores, and processes certain personal and business data in connection with the provision of the Services. The Customer's data is stored on BarqAI's infrastructure, which is hosted on Supabase and related Third-Party Services. By using the Platform, the Customer consents to BarqAI's collection, storage, and processing of such data in accordance with the BarqAI Privacy Policy, which is incorporated by reference into this Agreement.
12.2 The Customer is responsible for ensuring that the Customer has obtained all necessary consents, permissions, and authorisations from the Customer's own end customers and data subjects before uploading or processing their personal data on the Platform. BarqAI acts as a data processor with respect to such third-party personal data and processes it solely on the Customer's instructions.
12.3 Upon termination of this Agreement, the Customer may export their data from the Platform during the data export window specified in Section 19. Following the expiry of such window, BarqAI will delete the Customer's data from the Platform's active systems, subject to any legal or regulatory requirements to retain certain data for specified periods.
12.4 Conversation Log Access. The Customer acknowledges and expressly consents that all conversations processed by the BarqAI AI Agent — including messages sent by the Customer's end customers via WhatsApp and responses generated by the AI — are stored in full on the Platform's database infrastructure. Authorised BarqAI personnel may access, review, and analyse these conversation logs at any time and without prior notice for the purposes of: (a) operating, maintaining, and improving the Services; (b) diagnosing technical issues and providing customer support; (c) monitoring compliance with this Agreement and the Acceptable Use Policy set out in Section 8; (d) detecting and preventing abuse, fraud, spam, or illegal activity; (e) training, evaluating, and refining AI models and response quality; and (f) fulfilling any applicable legal or regulatory obligations. The Customer is solely responsible for informing its own end customers that their conversations with the AI Agent are stored and may be reviewed by BarqAI. BarqAI shall not be liable for any claims arising from the Customer's failure to provide such disclosure to its end customers.
12.5 BarqAI implements reasonable technical and organisational measures to protect Customer data against unauthorised access, disclosure, alteration, or destruction. However, BarqAI cannot guarantee absolute security of data transmitted over the internet or stored on its systems, and the Customer accepts the inherent risks associated with electronic data transmission and storage.
13.1 Each party agrees to keep the other party's Confidential Information strictly confidential and not to disclose such Confidential Information to any third party without the disclosing party's prior written consent. Each party agrees to use the other party's Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement.
13.2 The confidentiality obligations in this Section 13 shall not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by applicable law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice of such requirement and cooperates with the disclosing party in seeking a protective order.
13.3 The Customer acknowledges that any information about the Platform's architecture, AI systems, pricing structures, business strategies, or other non-public information accessed through the Customer's use of the Platform constitutes BarqAI's Confidential Information and must be treated accordingly.
14.1 The Platform integrates with and relies upon various Third-Party Services, including but not limited to Supabase (database, authentication, and storage), WhatsApp (Meta Platforms Inc.), WAHA (WhatsApp session management), Resend (transactional email delivery), Vercel (hosting and deployment infrastructure), and various artificial intelligence model providers. The availability and performance of the Platform may be affected by the availability and performance of these Third-Party Services.
14.2 BarqAI shall have no liability whatsoever for any interruption, failure, unavailability, or degradation of service caused by any Third-Party Service, regardless of the duration or impact of such interruption. The Customer acknowledges that Third-Party Services are subject to their own terms of service, privacy policies, and usage limitations, which the Customer agrees to comply with to the extent applicable.
14.3 BarqAI reserves the right to change, replace, or remove any Third-Party Service integration at any time without prior notice to the Customer. Such changes may result in temporary unavailability of certain Platform features.
14.4 The Customer acknowledges that BarqAI's invoice import functionality supports the import of invoices exported from Zoho Books in CSV format. This functionality does not constitute a live API integration with Zoho Books and does not provide real-time synchronisation of invoice data between Zoho Books and the Platform.
15.1 BarqAI will use commercially reasonable efforts to maintain the availability of the Platform. However, BarqAI does not provide any service level agreement (SLA), uptime guarantee, or availability warranty of any kind. The Platform may be unavailable from time to time due to scheduled maintenance, unscheduled downtime, system upgrades, Force Majeure Events, or other factors.
15.2 BarqAI reserves the right to perform scheduled and unscheduled maintenance on the Platform at any time. BarqAI will endeavour to perform maintenance during off-peak hours and to provide reasonable advance notice of scheduled maintenance where practicable, but is under no obligation to do so.
15.3 The Customer acknowledges that the nature of AI-powered conversational systems is such that individual AI Agent responses may be delayed, incomplete, or unavailable during periods of high demand, third-party API rate limiting, or system maintenance. BarqAI shall not be liable for any loss arising from such delays or unavailability.
16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARQAI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF REVENUE OR PROFITS; (B) LOSS OF BUSINESS OR GOODWILL; (C) LOSS OF DATA; (D) LOSS OF CUSTOMERS OR SALES OPPORTUNITIES; (E) COST OF SUBSTITUTE SERVICES; OR (F) ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS, EVEN IF BARQAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARQAI'S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO BARQAI IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT OR SERIES OF EVENTS GIVING RISE TO THE CLAIM.
16.3 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
17.1 The Customer agrees to indemnify, defend, and hold harmless BarqAI and its directors, officers, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Customer's use of the Platform in violation of this Agreement; (b) the Customer's violation of any applicable law or regulation; (c) the Customer's infringement of any third-party Intellectual Property Rights; (d) any Content uploaded by the Customer to the Platform; (e) the Customer's violation of Meta's WhatsApp terms and policies; or (f) any claim brought by the Customer's end customers arising from the Customer's use of the AI Agent.
17.2 BarqAI reserves the right to assume exclusive control of the defence of any matter otherwise subject to indemnification by the Customer, at the Customer's expense. The Customer agrees to cooperate with BarqAI's defence of such claims.
18.1 Termination by the Customer. The Customer may terminate this Agreement at any time by providing written notice to BarqAI. Upon termination, the Customer's access to the Platform will continue until the end of the current billing period, after which access will be revoked. No refund of pre-paid Subscription Fees shall be due upon Customer-initiated termination.
18.2 Termination by BarqAI. BarqAI may terminate this Agreement and the Customer's access to the Platform: (a) immediately and without prior notice if the Customer is in material breach of this Agreement; (b) immediately and without prior notice if BarqAI reasonably suspects the Customer of fraudulent or illegal activity; (c) immediately and without prior notice if the Customer fails to pay any Subscription Fee when due; (d) upon 30 days' written notice for any other reason.
18.3 Upon any termination of this Agreement for any reason, BarqAI reserves the right to immediately delete the Customer's WAHA instance and release associated server resources, regardless of whether any data export window has commenced.
19.1 Upon termination of this Agreement: (a) all licences granted to the Customer under this Agreement shall immediately cease; (b) the Customer shall immediately cease all use of the Platform; (c) BarqAI shall delete the Customer's WAHA instance and release associated VPS resources; and (d) any provisions of this Agreement that by their nature should survive termination shall continue in full force and effect.
19.2 Following termination, BarqAI will endeavour to make the Customer's data available for export for a period of 30 days. After such period, BarqAI may permanently delete the Customer's data from its active systems. BarqAI shall have no obligation to retain Customer data beyond this period.
19.3 The Customer is solely responsible for exporting all required data prior to or following termination. BarqAI shall not be liable for any loss of data arising from the Customer's failure to export data within the applicable window.
20.1 In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, the parties agree to first attempt to resolve such dispute through good faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party describing the nature of the dispute and the resolution sought.
20.2 If the parties are unable to resolve the dispute through good faith negotiation within 30 days of the notice described in Section 20.1, either party may submit the dispute to binding arbitration. The arbitration shall be conducted by a sole arbitrator agreed upon by both parties, or failing agreement, appointed in accordance with applicable arbitration rules.
20.3 Notwithstanding the foregoing, either party may seek interim or injunctive relief from any court of competent jurisdiction to prevent irreparable harm pending the resolution of any dispute.
21.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event. The affected party shall notify the other party as soon as reasonably practicable of the occurrence of a Force Majeure Event and shall use commercially reasonable efforts to mitigate its effects.
21.2 Without limiting the generality of the foregoing, Force Majeure Events specifically include: (a) Meta Platforms Inc. banning, restricting, or modifying the WhatsApp Business API or related services; (b) changes in Meta's WhatsApp Business Policy that render BarqAI's current mode of operation non-compliant; (c) disruption to internet infrastructure or telecommunications networks; (d) power outages affecting BarqAI's server infrastructure; (e) cyberattacks, distributed denial-of-service attacks, or other security incidents; (f) failure of Third-Party Services that are outside BarqAI's reasonable control; and (g) any pandemic, epidemic, natural disaster, or governmental action that prevents BarqAI from providing the Services.
22.1 BarqAI reserves the absolute right to amend, modify, supplement, or otherwise revise these Terms and Conditions at any time and without prior notice to the Customer. Revised Terms and Conditions will be published on the Platform and will become effective immediately upon publication.
22.2 The Customer's continued access to or use of the Platform following the publication of any revised Terms and Conditions shall constitute the Customer's unconditional and irrevocable acceptance of such revisions. It is the Customer's sole responsibility to review these Terms and Conditions periodically. If the Customer does not agree to any revision, the Customer's sole remedy is to immediately cease all use of the Platform and to request termination of the Customer's account.
23.1 Entire Agreement. This Agreement, together with all documents incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to such subject matter.
23.2 Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
23.3 Waiver. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
23.4 Assignment. The Customer may not assign, transfer, delegate, or otherwise dispose of this Agreement or any of the Customer's rights, interests, or obligations hereunder without BarqAI's prior written consent. BarqAI may assign this Agreement without restriction.
23.5 No Partnership. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party shall have any authority to bind the other party or to incur any obligations on behalf of the other party.
23.6 Language. This Agreement is written in the English language. In the event of any conflict between an English version of this Agreement and any translation thereof, the English version shall prevail.
24.1 If the Customer has any questions regarding this Agreement or the Services, the Customer may contact BarqAI through the following channels:
24.2 All legal notices required under this Agreement must be delivered in writing to BarqAI via email at the address provided in the BarqAI dashboard. Notices shall be deemed received on the date of transmission if sent by email, provided no automated delivery failure notification is received.
By using BarqAI, you acknowledge that you have read these Terms and Conditions in their entirety, that you understand them, and that you agree to be bound by them. If you did not read this document, that is also fine — your continued use of the Platform constitutes acceptance regardless.