Terms of Service

These Terms of Service govern access to and use of the MarkWhiz platform, including the public website at https://markwhiz.in and the application at https://app.markwhiz.in. By creating an account or using the service, you agree to these terms on behalf of the organisation you represent.

We grant you a non-exclusive, non-transferable right to use the platform for your internal business purposes for as long as your account remains in good standing.

You are responsible for the accuracy and lawfulness of the data you upload, for obtaining valid consent from every recipient you message, for the content of your messages and templates, and for the conduct of the users you invite to your account. You must provide accurate account information and keep it current.

You must keep credentials confidential, enable available security controls, assign the minimum access each user needs, and remove access promptly when a user leaves. You are responsible for activity conducted under your account. Notify support@markwhiz.in immediately if you suspect unauthorised access.

You must not use the platform to:

• send unsolicited, deceptive, harassing or unlawful messages;
• message recipients who have not opted in or who have opted out;
• distribute malware, phishing content or fraudulent offers;
• infringe intellectual property or privacy rights;
• circumvent rate limits, security controls or tenant boundaries;
• resell or provide access to the platform outside your organisation without our written agreement.

Use of the platform is additionally subject to Meta's WhatsApp Business Terms, Messaging Policy and Commerce Policy. You are responsible for complying with them. Meta may restrict or disable messaging capability independently of us; where that occurs, MarkWhiz will assist in remediation but cannot guarantee reinstatement.

MarkWhiz retains all rights in the platform, its software, design, documentation and trademarks. You retain all rights in your data and content. You grant us a limited licence to host, process and transmit your content solely to provide the service.

We aim to keep the platform available at all times, but the service is provided on a commercially reasonable-efforts basis. Planned maintenance will be notified in advance where practical. We are not responsible for downtime caused by third-party platforms, network providers or events outside our reasonable control.

To the maximum extent permitted by law, MarkWhiz is not liable for indirect, incidental, special or consequential losses, loss of profit, revenue, goodwill or data. Our aggregate liability arising from or connected to the service is limited to the fees paid by you for the three months preceding the event giving rise to the claim. Nothing in these terms excludes liability that cannot lawfully be excluded.

We may suspend access, in whole or in part, where we reasonably believe there is a security risk, a breach of these terms or of WhatsApp policy, non-payment, or a legal requirement to do so. Where circumstances allow, we will give notice and an opportunity to remedy before suspending.

Either party may terminate on written notice in accordance with the applicable subscription term. On termination, access ends and your data is deleted in line with our Privacy Policy and Data Deletion process. You may export your data before termination takes effect.

These terms are governed by the laws of India, and the courts of India have exclusive jurisdiction over any dispute, without prejudice to any mandatory consumer protections available in your place of residence.

Questions about these terms can be directed to:

• Legal: legal@markwhiz.in
• Support: support@markwhiz.in
• Address: B8, Unnati Tower, Vidhyadhar Nagar, Jaipur, Rajasthan 302039, India