Terms of Service

1. Definitions and eligibility

These Terms of Service (“Terms”) constitute a binding commercial agreement between Mikky Technologies Private Limited (“Company”, “we”, or “our”) and the business entity or commercial restaurant operator (“Customer” or “you”) subscribing to Mikky.

Eligibility: The Service is designed solely for commercial dining and hospitality businesses. You must be an authorized representative with legal authority to bind your organization and at least 18 years of age.

2. Early access and accounts

Early-access admission is granted at our sole discretion. We reserve the right to prioritize onboarding based on POS system integration compatibility, geographic location, and order volume. Account credentials must remain confidential and must not be shared outside authorized management personnel.

3. Customer responsibility for diner consent

The Customer acts as the Data Fiduciary for all restaurant guest records synced or uploaded into the platform. The Customer explicitly warrants and covenants that:

• Every mobile number imported into Mikky was collected lawfully with verifiable opt-in consent under the Digital Personal Data Protection Act, 2023.
• The Customer shall not upload purchased marketing databases, scraped contact lists, or numbers acquired from unaffiliated third parties.
• The Customer will maintain documented proof of diner consent and furnish such proof upon request by Company or Meta Platforms, Inc.

4. Acceptable use and WhatsApp policies

All messaging dispatched through Mikky must strictly adhere to the WhatsApp Business Messaging Policy and WhatsApp Commerce Policy. You agree not to:

• Send unsolicited, spam, or misleading promotional messages.
• Transmit adult content, tobacco/alcohol promotions in restricted jurisdictions, or illegal items.
• Harass guests who have opted out or replied with STOP.
• Resell, sublicense, or rent access to the platform to third parties.

5. Suspension and quality rating protection

To protect phone number reputation and carrier delivery quality, we continuously monitor delivery error codes, block rates, and Meta quality tiers. If Customer campaigns cause an excessive block rate, spam reports, or risk degradation of WhatsApp Business API access, Company reserves the right to immediately pause outbound messaging.

6. Commercial fees

Subscription pricing, POS connector setup fees, and WhatsApp conversation usage tariffs are agreed in writing under an executed Service Order, Pilot Agreement, or Statement of Work. We do not publish generic online pricing tiers because costs depend on outlet counts, billing volume, and Meta utility/marketing conversation rates.

7. AI draft disclaimer and human authorization

Mikky provides algorithmic suggestions, churn probabilities, and draft campaign templates. The Customer acknowledges that:

• AI copy is provided as an editable draft. Customer managers must review all pricing, terms, and discounts before authorizing dispatch.
• Company is not liable for customer relations disputes arising from discounts or offers approved by Customer personnel.

8. Intellectual property

Company retains all ownership, patents, trademarks, and copyright in the Mikky software, algorithms, and interface. Customer retains full proprietary ownership of all diner billing records and customer databases imported into the system.

9. Disclaimers and limitation of liability

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable Indian law, Company disclaims all warranties, express or implied. Company's total aggregate liability arising under these Terms shall be limited to the total fees paid by Customer in the three (3) months preceding the claim.

10. Governing law and jurisdiction

These Terms and any dispute arising hereunder shall be governed by the laws of India. The courts at Bengaluru, India shall have exclusive jurisdiction over all claims. Contact: support@mikky.in.