Acceptable Use Policy

1. Purpose and Scope

This Acceptable Use Policy (the "AUP" or "Anti-Spam Policy") governs your access to and use of Mankiwave, the cloud-hosted WhatsApp marketing, CRM, AI chatbot, bulk-messaging, bot-building and shared team-inbox platform made available at https://mankiwave.in (the "Service"). It applies to every account holder, subscriber, team member, agent and end user (collectively, "you" or the "User") and to all messaging, campaigns, automations, content and data sent, processed or stored through the Service.

This AUP is incorporated into and forms part of our Terms & Conditions. By accessing or using the Service you agree to comply with this AUP at all times. If you do not agree, you must not use the Service. Capitalised terms not defined here have the meaning given in the Terms & Conditions. This AUP should be read together with our Privacy Policy, Cookie Policy, Data Protection & GDPR notice and Disclaimer.

2. Independence and Trademark Notice

Mankiwave is an independent software platform. We are not affiliated with, endorsed by, sponsored by, or in any way officially connected to Meta Platforms, Inc., WhatsApp LLC, Google LLC, Apple Inc., or any other trademark holder. "WhatsApp", "Meta", "Instagram" and all related names, marks and logos are the property of their respective owners and are used only for identification and descriptive purposes.

You connect your own WhatsApp number(s) and message your own opted-in contacts using the Service. Your use of WhatsApp, Meta and any third-party messaging channel is additionally subject to those providers' own terms and policies, which you are independently responsible for reviewing and obeying.

3. Consent, Opt-In and Opt-Out (Core Requirement)

The most important rule of this AUP is consent. You may only message recipients who have given you valid, prior, demonstrable consent (opt-in) to receive communications from you on the channel used. Specifically, you must:

• Obtain clear, informed, voluntary opt-in from each recipient before sending any message, and retain records (timestamp, source and method of consent) sufficient to prove that opt-in on request;
• Only message contacts who knowingly provided their number to you for the type of communication you are sending, and not message numbers obtained from third parties, purchased lists, or any source where consent cannot be evidenced;
• Clearly identify yourself or your business as the sender in your messages, so recipients know who is contacting them and why;
• Provide a clear, working and easy opt-out / unsubscribe mechanism in or alongside every message (for example, honouring "STOP", "unsubscribe" or equivalent replies), and process every opt-out promptly and permanently;
• Immediately cease all messaging to any recipient who has opted out, withdrawn consent, blocked you, or reported your messages, and not attempt to re-message them through another number or workaround.

Consent and opt-out are your responsibility. Mankiwave does not itself initiate or send unsolicited messages, does not supply recipient lists, and does not vouch for the consent status of any contact you upload or import.

4. No Spam or Unsolicited Bulk Messaging

Spam is strictly prohibited. You must not use the Service to send, facilitate or enable:

• Unsolicited bulk or commercial messages of any kind, to recipients who have not opted in;
• Messages to randomly generated, sequential, harvested, scraped or otherwise non-consenting numbers;
• Repeated, excessive or unwanted messages that harass, annoy or inconvenience recipients;
• Any campaign that a reasonable person, or the relevant platform or regulator, would classify as spam or "grey-route" traffic.

A high rate of blocks, "not interested" responses, spam reports or complaints is treated by us, and by WhatsApp/Meta, as a strong indicator of policy violation and may trigger the consequences set out in Section 11.

5. Prohibited Content and Activities

You must not use the Service to create, store, send, promote, link to or facilitate any of the following:

• Content that is illegal under any applicable law, or that promotes, facilitates or instructs unlawful activity;
• Fraud, scams, phishing, "smishing", deceptive or misleading offers, fake giveaways, pyramid or Ponzi schemes, "get-rich-quick" schemes, or any attempt to obtain money, credentials or personal data by deception;
• Adult or sexually explicit material, and—without exception—any child sexual abuse material (CSAM) or any content that sexualises, exploits or endangers minors;
• Hate speech, or content that incites or promotes violence, discrimination, terrorism or harm against any individual or group on the basis of race, ethnicity, religion, caste, gender, sexual orientation, disability, nationality or any protected characteristic;
• Harassment, bullying, stalking, threats, doxxing or intimidation of any person;
• Malware, viruses, ransomware, spyware, or any code, link or file intended to disrupt, damage, gain unauthorised access to, or compromise any device, network or data;
• Content that infringes any copyright, trademark, patent, trade secret, publicity, privacy or other intellectual-property or proprietary right of any third party;
• The unauthorised or unlawful sale or promotion of regulated, restricted or prohibited goods and services (including but not limited to drugs and controlled substances, weapons and ammunition, tobacco and vaping products, alcohol where restricted, gambling, prescription medicines, counterfeit goods, and unlicensed financial, investment or cryptocurrency products);
• Disinformation, impersonation of any person or organisation, forged headers/sender identities, or content designed to deceive recipients about its origin or nature.

6. Compliance With Platform Policies and Law

You are solely responsible for ensuring that every message, campaign, template, automation and use of the Service complies with all applicable policies and laws, including (without limitation):

• The WhatsApp Business Messaging Policy, WhatsApp Business Terms, and Meta's commerce, advertising and business policies;
• The Indian Information Technology Act, 2000 and the rules and amendments made under it, including provisions relating to electronic communications, intermediaries and data;
• TRAI regulations and the National Customer Preference Register / Do-Not-Disturb (DND) norms governing commercial communications in India;
• Anti-spam, telemarketing, consumer-protection and data-protection laws applicable to you and to each recipient, including (where relevant) the EU/UK GDPR, the US CAN-SPAM Act, the TCPA, and any other local law in the recipient's jurisdiction;
• All laws applicable to the goods, services or content you promote, and to your industry.

Where this AUP and an applicable platform policy or law differ, you must follow the stricter standard. Compliance is determined by the law and policy applicable to you and your recipients, not merely by the jurisdiction in which Mankiwave operates.

7. No Number Harvesting, Scraping or Ban Evasion

You must not use the Service, or any tool in combination with the Service, to:

• Harvest, scrape, generate, buy, rent or otherwise compile phone numbers or contact data without valid consent and lawful basis;
• Circumvent, evade or defeat any rate limit, quality rating, restriction, suspension or ban imposed by WhatsApp, Meta or any other channel—including by rotating, "warming", cycling or spinning up numbers to continue prohibited activity;
• Use stolen, hijacked, borrowed or otherwise unauthorised WhatsApp numbers or accounts, or numbers you do not have the lawful right to operate;
• Mask, falsify or misrepresent sender identity, or otherwise attempt to disguise the true origin or volume of your messaging.

8. Rate Limits, Quotas and Fair Use

Your plan includes quotas on connected accounts and on the number of messages you may send, as described at checkout and in your account. You must operate within those quotas and within any sending rate, throttle or "warm-up" limits we or the underlying channel apply. You must not attempt to exceed, bypass or game these limits, nor share, resell or sub-license your account, quota or access except as expressly permitted in the Terms & Conditions.

Even within your quota, the Service is subject to fair use. We may apply throttling, queuing or temporary limits to protect platform stability, sender reputation, and the experience of all Users, and to respond to abnormal, abusive or high-complaint traffic.

9. No Guarantee of Deliverability or Number Standing

Mankiwave does not guarantee that any message will be delivered, read or acted upon, nor that your WhatsApp number will not be rate-limited, quality-downgraded, restricted, suspended or banned by Meta/WhatsApp as a result of your own usage, sending patterns, content or recipient complaints. Decisions about your number's standing are made by Meta/WhatsApp at their sole discretion and are outside our control. See our Disclaimer for further detail.

10. Security and Integrity of the Service

You must not, and must not permit any third party to: attempt to gain unauthorised access to the Service, other Users' accounts or data, or our systems; probe, scan or test the vulnerability of the Service; interfere with or disrupt the integrity or performance of the Service (including via denial-of-service or overload); reverse engineer, decompile or scrape the Service except to the extent permitted by law; or use bots, automation or scripts against the Service other than the features we provide.

11. Monitoring and Consequences of Violation

We are not obligated to monitor content or traffic, but we reserve the right to investigate suspected violations and to review traffic, complaints and quality signals. Where we determine, in our reasonable discretion, that you have violated this AUP, applicable platform policy or law, we may take any one or more of the following actions, with or without prior notice depending on severity:

• Issue a warning and require corrective action;
• Throttle, queue, rate-limit or pause your sending or specific campaigns;
• Remove or disable offending content, templates, automations or connected numbers;
• Suspend your account or access, in whole or in part;
• Terminate your account and this agreement, and delete associated data, in accordance with the Terms & Conditions;
• Forfeit fees already paid, without refund, where termination results from your violation (see the Refund & Cancellation Policy);
• Report the activity, and disclose relevant account information, to WhatsApp/Meta, payment providers, law-enforcement agencies and other competent authorities where required or appropriate.

Immediate suspension or termination is reserved for serious violations, including spam at scale, fraud/phishing, CSAM or other illegal content, ban-evasion, and any activity that threatens the security or reputation of the Service or its Users.

12. Your Responsibility and Indemnity

You—not Mankiwave—are responsible for your account, your team members and agents, the numbers you connect, the contacts you message, the consent you rely on, and the content you send. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Mankiwave, Mankiwave, India, and its officers, employees and partners from and against any claims, demands, losses, fines, penalties, liabilities, damages and costs (including reasonable legal fees) arising out of or related to your breach of this AUP, your violation of any platform policy or law, or your messaging activity and content. This indemnity supplements, and does not limit, the indemnity in the Terms & Conditions.

13. Reporting Abuse

If you believe a User is violating this AUP—for example, sending you spam, fraudulent or harmful messages through the Service—please report it to us at hello@mankiwave.in with as much detail as possible (sender details, message content, dates and screenshots). We take abuse reports seriously and will investigate appropriately. Reporting to us does not replace any report you may wish to make to WhatsApp/Meta or to the relevant authorities.

14. Changes to This Policy

We may update this AUP from time to time to reflect changes in our Service, in platform policies, or in applicable law. Material changes will be notified by reasonable means (for example, by posting the revised policy at https://mankiwave.in or notifying you in-app or by email). Your continued use of the Service after changes take effect constitutes acceptance of the updated AUP.

15. Governing Law

This AUP is governed by and construed in accordance with the laws of India, and any disputes arising under it are subject to the jurisdiction of the courts of India, as set out more fully in the Terms & Conditions.

16. Contact Us

For questions about this Acceptable Use Policy, to report abuse, or for any compliance matter, please contact us:

• Email: hello@mankiwave.in
• WhatsApp / Phone: +91 70022 08642
• Website: https://mankiwave.in
• Postal address: Mankiwave, India

You can also reach us via our Contact Us page.