Terms of Service
Last updated: 31 July 2026
These Terms of Service ("Terms") govern your access to and use of CullQ, a WhatsApp Business automation platform operated by Blacksharq Technologies Private Limited ("Blacksharq", "we", "us", or "our").
Registered office: PLOT NO 56/30, BLOCK-C, SECTOR-62, NOIDA, DISTT-GAUTAM BUDH NAGAR, UTTAR PRADESH – 201301, India
CIN: U62013UP2025PTC235257 · GSTIN: 09AAOCB0583C1ZP · PAN: AAOCB0583C
CullQ is available globally; we do not market specifically to any country. By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation.
Electronic record. These Terms are an electronic record under the Information Technology Act, 2000 (as amended) and the rules made thereunder, including Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They are published in accordance with requirements for access to or use of the Service. This electronic record is generated by a computer system and does not require physical or digital signatures.
Definitions
In these Terms:
- Applicable Law means all laws, regulations, and governmental requirements that apply to a party's performance under these Terms, including Indian data protection law (including the DPDP Act, 2023).
- Personal Data means information relating to an identified or identifiable individual, as defined under Applicable Law.
- Service means the CullQ platform, software, APIs, websites, and related services provided by Blacksharq.
- SaaS means software provided as a hosted, subscription-based service.
- Subscription means your paid or trial access plan to the Service for a defined billing period.
- Fees means amounts payable to Blacksharq for the Service, excluding Meta/WhatsApp charges.
- AI Credits means prepaid usage credits purchased from Blacksharq for AI-powered features within the Service.
- WhatsApp / Meta means Meta Platforms, Inc. and its WhatsApp Business Platform, including the WhatsApp Cloud API.
- Third-Party Services means services provided by third parties integrated with or accessed through the Service (including WhatsApp, Meta, AWS, and AI providers).
1. The Service
CullQ provides tools for businesses to connect a WhatsApp Business Account (WABA), manage conversations, automate replies, run flows and broadcasts, and collaborate with team members. The Service is available at app.cullq.com and related URLs.
We may modify, suspend, or discontinue features with reasonable notice where practicable. We do not guarantee uninterrupted availability.
2. Eligibility and accounts
- You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into contracts.
- You must provide accurate registration information and keep your credentials secure.
- You are responsible for all activity under your account and for your team members' use of the Service.
- One person may not share login credentials. Use team invitations and role-based permissions instead.
We may suspend or terminate accounts that violate these Terms or pose a security risk, as described in Section 11.
3. License grant
Subject to these Terms and payment of applicable Fees, Blacksharq grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your Subscription, solely for your internal business operations.
Nothing in these Terms transfers ownership of the Service or our intellectual property to you. All rights not expressly granted are reserved by Blacksharq.
4. License restrictions
Except as expressly permitted by these Terms or Applicable Law, you may not:
- License, sublicense, sell, resell, rent, lease, transfer, assign, or distribute the Service or make it available to any third party.
- Circumvent or disable security, access controls, or usage limits of the Service.
- Modify, copy, reproduce, or create derivative works based on the Service.
- Frame, mirror, or create internet links to the Service except as we expressly allow.
- Reverse engineer, decompile, or disassemble the Service, or access it to build a competing product or service.
- Use the Service for any purpose other than your internal business operations.
- Use the Service in violation of WhatsApp/Meta policies, Applicable Law, or third-party rights.
The restrictions in this Section 4 supplement Section 6 (Acceptable use). Breach of this Section may result in immediate suspension or termination.
5. Acceptable use
You agree not to:
- Send spam, unsolicited marketing, or messages that violate WhatsApp's Commerce Policy or Business Policy.
- Use the Service for illegal, fraudulent, harassing, or harmful activity.
- Attempt to bypass rate limits, security controls, or other users' privacy.
- Scrape or overload the Service except as permitted by law.
- Upload malware or content that infringes third-party rights.
- Use AI-generated content in ways that mislead recipients or violate applicable law.
You are solely responsible for the content of messages sent through your connected WhatsApp numbers and for obtaining any consents required by law.
6. WhatsApp, Meta, and Cloud API
CullQ integrates with the Meta WhatsApp Cloud API. Your use of WhatsApp is subject to Meta's terms, policies, and app review requirements in addition to these Terms.
- You must complete Meta's business verification and embedded signup flows as required.
- You grant us permission to access your WABA and related Meta data as needed to provide the Service.
- WhatsApp conversation fees (marketing, utility, service, and other categories) are billed directly by Meta to the payment method linked to your Meta Business Account, unless otherwise agreed in writing. Blacksharq does not collect WhatsApp messaging fees on Meta's behalf.
- Data residence: WhatsApp message data is processed and may be stored on Meta's infrastructure outside India (including the US and EU). We do not offer India-only localisation for WhatsApp messaging data. See our Privacy Policy Section 5.
- We are not liable for Meta service outages, policy changes, number quality restrictions, or account bans imposed by Meta.
Disconnecting your WABA in CullQ stops new message processing but does not delete stored data until processed under our Privacy Policy.
7. Team and workspace
- Workspace owners control billing relationships, WABA connections, and member access.
- Owners and admins are responsible for configuring permissions appropriately.
- Invited members must comply with these Terms and your internal policies.
8. Data processing relationship
For personal data of your WhatsApp customers processed through CullQ:
- You are the data controller. You determine the purposes and means of processing customer data.
- Blacksharq is the data processor. We process customer data only on your documented instructions, as described in our Privacy Policy and any applicable Data Processing Agreement (DPA).
You must have a lawful basis to message your customers and provide appropriate privacy notices to them.
9. Free trial
CullQ may offer a 14-day free trial for new customers. During the trial, you may access some or all features of the Service at no charge, as described at signup.
- Unless you cancel before the trial ends, your Subscription automatically converts to a paid plan and you will be charged the Fees shown at signup or on our pricing page.
- Trial terms may vary by promotion; any different terms presented at signup apply.
- We may limit one trial per customer, organisation, or payment method. Abuse of trial offers may result in termination.
To cancel before being charged, cancel through your account settings or email support@cullq.com before the trial period ends.
10. Fees, billing, and AI credits
Pricing, plans, and payment terms are presented at signup, on our website, or in a separate order form. Unless stated otherwise:
- GST included: prices displayed on our website include applicable GST unless explicitly stated otherwise.
- Fees are billed in advance on a recurring basis for Subscriptions.
- Non-payment may result in suspension of access until outstanding amounts are paid.
- Refunds are provided only where required by law or explicitly stated in your plan.
- We do not currently charge convenience fees or late-payment interest; we may update this with notice if our billing practices change.
AI Credits. Certain AI-powered features require prepaid AI Credits purchased from Blacksharq. AI Credits are non-refundable, non-transferable, and have no cash value. Unused AI Credits are forfeited on account closure. AI Credits are separate from WhatsApp conversation fees billed by Meta.
Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorise us to charge your payment method on file for each renewal period at the then-current rate (we will notify you of material price changes in advance where required by law).
Cancellation. You may cancel your Subscription through account settings or by emailing support@cullq.com. Cancellation takes effect at the end of the current billing period unless otherwise stated. You remain responsible for Fees incurred before cancellation.
11. Suspension
We may suspend your access to the Service immediately, with or without notice, if we reasonably believe that:
- Your use poses a security risk to the Service, other customers, or third parties.
- You have not paid applicable Fees when due.
- You have engaged in fraud, abuse, or illegal activity.
- You have violated these Terms, WhatsApp/Meta policies, or Applicable Law.
- Suspension is required by law, court order, or Meta/WhatsApp enforcement action.
During suspension, you remain responsible for Fees incurred through the date of suspension. Suspension does not relieve you of payment obligations. We may terminate your account if the underlying issue is not resolved within a reasonable time.
12. Beta and early-access features
We may offer beta, preview, or experimental features (including AI tools) on an "as is" and "as available" basis. Such features may be incomplete, change without notice, or be withdrawn at any time. Beta features are provided without warranties or service-level commitments beyond what Applicable Law requires.
13. Account security and phishing
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- Official login URL: https://app.cullq.com/login
- CullQ will never ask for your password, OTP, or other sensitive credentials through unofficial links, social media DMs, or third-party channels.
- If you receive suspicious communications claiming to be from CullQ, do not click links or share information. Report them to support@cullq.com.
14. Representations and warranties
By you. You represent and warrant that:
- You are duly formed and authorised to enter into these Terms.
- You have all licences, consents, and approvals needed to use the Service and message your customers.
- You will comply with Applicable Law, WhatsApp/Meta policies, and your obligations under Section 8.
- Information you provide to us is accurate and you have the right to provide it.
By Blacksharq. We will provide the Service with reasonable skill and care in accordance with these Terms. Except as expressly stated, we make no other warranties.
15. Intellectual property
- We own the Service, software, branding, and documentation. These Terms do not grant you ownership of our IP.
- You retain ownership of your content (messages, templates, contact data). You grant us a limited licence to host, process, and transmit your content solely to provide the Service.
- Feedback you provide may be used by us without obligation.
16. Confidentiality
Each party may receive confidential information from the other. You agree not to disclose our non-public technical or pricing information. We will protect your non-public business data using reasonable security measures as described in our Privacy Policy.
17. Publicity
We may identify you as a CullQ customer and use your name, logo, and general description of your use of the Service in our marketing materials, website, and presentations, unless you opt out by emailing privacy@cullq.com. Opt-out does not affect our right to make factual references required by law or to list you as a customer where you have given separate written consent.
18. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be error-free, that AI-generated content will be accurate, or that WhatsApp delivery will always succeed.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.
- OUR TOTAL LIABILITY ARISING FROM THESE TERMS OR THE SERVICE IN ANY 12-MONTH PERIOD IS LIMITED TO THE FEES YOU PAID US IN THAT PERIOD, OR USD $100 IF YOU HAVE NOT PAID FEES.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
20. Indemnity
You will defend and indemnify Blacksharq and its officers, directors, and employees against claims arising from:
- Your content or messages sent through the Service.
- Your violation of these Terms, WhatsApp/Meta policies, or applicable law.
- Your failure to obtain required consents from message recipients.
21. Force majeure
Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, internet or telecommunications failures, or third-party service outages (including Meta/WhatsApp). If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected Subscription on written notice.
22. Independent contractor
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employer-employee relationship between you and Blacksharq.
23. Assignment
Blacksharq may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, or sale of assets, without your consent. You may not assign or transfer these Terms or your account without our prior written consent.
24. Termination
- You may stop using the Service and request account deletion at any time via app.cullq.com/data-deletion.
- We may suspend or terminate access for material breach, non-payment, or legal requirement, as described in Sections 11 and 21.
- Upon termination, your right to use the Service ends. Unused AI Credits are forfeited.
- We will delete personal data within 30 days of account closure, subject to our Privacy Policy and legal retention obligations.
25. Survival and severability
Sections that by their nature should survive termination (including intellectual property, confidentiality, indemnity, limitation of liability, governing law, and dispute resolution) remain in effect after termination.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
26. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Courts in India have exclusive jurisdiction over disputes arising from these Terms. There is no arbitration requirement under these Terms.
Before filing a court claim, the parties agree to attempt to resolve disputes in good faith by contacting the other party for at least 30 days.
Nothing in these Terms limits privacy rights you may have under applicable data protection laws. See our Privacy Policy for how we handle those rights. We comply with India's DPDP Act. We do not claim certification or full compliance with GDPR, UK GDPR, CCPA, or CPRA.
27. Changes to Terms
We may update these Terms by posting a revised version at cullq.com/terms. Continued use after the effective date constitutes acceptance. Material changes may be notified by email.
28. Contact
Blacksharq Technologies Private Limited
PLOT NO 56/30, BLOCK-C, SECTOR-62, NOIDA, DISTT-GAUTAM BUDH NAGAR,
UTTAR PRADESH – 201301, India
CIN: U62013UP2025PTC235257 · GSTIN: 09AAOCB0583C1ZP · PAN: AAOCB0583C
Email: support@cullq.com
Privacy / Grievance Officer: Archit Jain, Director — privacy@cullq.com
Website: cullq.com
If you require a signed Data Processing Agreement to support your own compliance obligations, contact privacy@cullq.com.