Terms of Service

The service

Borhan is a sales assistant that answers your customers on your WhatsApp business number, through Meta’s WhatsApp Business Platform. It answers from the catalog, prices and rules you give it, records leads and orders, alerts you on WhatsApp, and hands a conversation to you or your team when a person should take it. You manage it from the dashboard at app.borhan.one.

Borhan is in beta. Features may change, and some described on our website are not available yet.

Who can use Borhan

Borhan is for businesses. You must be at least 18 and authorised to accept these terms for your business. You must give accurate account details and keep your sign-in secure. You are responsible for what happens under your account, including what your team members do.

Your responsibilities to your customers

• Consent: you must have your customers’ permission, as WhatsApp requires, before Borhan messages them first. Replies to customers who write to you are allowed inside WhatsApp’s customer service window.
• Privacy: you are responsible for telling your customers how you use their data, including that an assistant answers on your behalf, and for having a lawful basis to process it. We process it on your behalf, as our Privacy Policy describes.
• Accuracy: you are responsible for your catalog, prices, stock, policies and rules being correct and up to date. Borhan quotes only what you give it.
• Your sales: your contracts, deliveries, refunds and disputes with your customers are between you and them.

Human escalation

Your customers can always reach a person. When a customer asks for one, or Borhan can’t answer, it stops replying in that conversation and alerts you. You may not configure, instruct or use Borhan in a way that hides, delays or blocks that hand-off, or that makes customers believe they are talking to a person when they aren’t. You agree to respond to conversations handed to you within a reasonable time.

Acceptable use

You may not use Borhan to:

• send spam or unsolicited messages, or message people who haven’t agreed to hear from you;
• sell or promote goods or services that the WhatsApp Commerce Policy prohibits, such as drugs, weapons, adult products, gambling or counterfeit goods;
• break the WhatsApp Business Messaging Policy, the WhatsApp Business Terms of Service, Meta’s terms, or any law;
• impersonate anyone, or mislead customers about who you are or what you sell;
• target or collect data from children;
• collect sensitive data that your business doesn’t need;
• test, overload, copy, resell or reverse engineer the service, or get around its limits or safeguards.

If Meta restricts or bans your WhatsApp account or number, Borhan may stop working for you. We are not responsible for Meta’s decisions.

AI answers

Borhan writes replies with AI models. We build in safeguards: it answers only from your information, never invents prices, doesn’t offer discounts you haven’t allowed or promise delivery times, and asks you when it isn’t sure. Even so, AI can make mistakes. Review its configuration and its conversations, and correct anything that is wrong. Its replies are made on your behalf.

Plans, sessions and fees

Paid plans are priced by sessions. A session is one customer’s conversation on one channel for 24 hours from their first message, and every message inside it is included. Each plan includes a number of sessions a month. If you go over, Borhan keeps answering, extra sessions are charged one by one, and we tell you when you reach 80% and 100% of your plan.

Prices will be published before paid plans start, and nothing is charged during the beta unless we agree it with you in writing first. Fees exclude taxes. Meta may charge separately for some WhatsApp messages, such as templates sent outside the customer service window; we will tell you before you incur them. We will give you at least 30 days’ notice of price changes.

Availability

During the beta, Borhan is provided as is, without a service level agreement. We work to keep it running, but it may be interrupted for maintenance or by problems with services it depends on, including WhatsApp, Cloudflare and AI providers.

Your data

You own your business data and your customers’ conversations. You give us permission to use them only to provide, secure and improve Borhan for you, as our Privacy Policy describes. We don’t use your conversations for advertising or to serve other businesses. When your account closes, we delete your data within 90 days, and you can ask for it to be deleted sooner.

Our service

Borhan, its software, design and brand belong to Surf Apps. These terms give you the right to use Borhan for your business while your account is open. If you send us feedback, we may use it without obligation to you.

Suspension and termination

You can stop using Borhan and close your account at any time. We may suspend or close an account that breaks these terms, puts customers or the service at risk, or that WhatsApp has restricted. Where we reasonably can, we will warn you first and give you a chance to fix the problem. Sections that by their nature should continue after termination do so, including those on fees owed, data, liability and governing law.

Disclaimers

To the extent the law allows, Borhan is provided “as is” and “as available”, without warranties of any kind, including fitness for a particular purpose. We don’t guarantee any level of sales or that AI replies will always be correct.

Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental or consequential losses, or for lost profits, revenue or data. Our total liability for all claims relating to Borhan is limited to the greater of the fees you paid us in the 12 months before the claim and USD 100. Nothing in these terms limits liability that the law does not allow to be limited.

Indemnity

You will defend and compensate Surf Apps against claims by third parties, including your customers and Meta, that arise from your products and services, your content and instructions to Borhan, or your breach of these terms or of WhatsApp’s policies.

Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Delaware, unless the law where your business is based requires otherwise.

Changes to these terms

We may update these terms. If a change is material, we will tell you at least 30 days before it takes effect. If you keep using Borhan after that, the new terms apply.

Contact

Questions about these terms: hello@borhan.one.