SMS & WhatsApp Terms & Conditions

1. Agreement to Terms

These SMS & WhatsApp Terms & Conditions ("Terms") govern your participation in the messaging program (the "Program") operated by Winkie — Operational Systems Engineering ("Winkie," "we," "our," or "us"). By providing your mobile number and opting in to the Program, you agree to these Terms, our SMS & WhatsApp Privacy Policy, and our general Terms of Service.

If you do not agree, do not opt in and reply STOP to cancel any active subscription.

2. Program Description

The Program delivers SMS, MMS, and WhatsApp Business messages from Winkie, including transactional notifications, customer-care replies, account or service updates, and (with separate opt-in) promotional offers. Messages are delivered through third-party platforms, including Twilio Inc. and the WhatsApp Business Platform (Meta Platforms, Inc.).

3. Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction) to enroll.
• You must be the account holder or have authority to consent on behalf of the mobile number provided.
• The mobile number must be a valid number that can receive SMS or WhatsApp messages.
• The Program is currently available in the United States, Canada, and Brazil. Availability in other regions is not guaranteed.

4. Opt-In

By providing your mobile number through a Winkie opt-in form, signed agreement, or direct request, you expressly consent to receive recurring automated messages from Winkie at that number. Consent is not a condition of purchasing any goods or services from Winkie.

5. Message Frequency

Message frequency varies. Transactional messages are sent as needed in response to your activity. Marketing messages are limited to up to 4 messages per month, unless you explicitly agree to a higher frequency.

6. Message & Data Rates

Message and data rates may apply. Winkie does not charge a fee for the messages, but your wireless carrier may charge you according to your plan. Check with your carrier for details.

7. Cancellation (STOP)

You may cancel at any time. Text STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any SMS message from Winkie. After you opt out, you will receive a single confirmation message and will receive no further messages, except in direct response to a future request from you.

For WhatsApp, reply STOP or message us stating you no longer wish to receive communications. You may also email admin@winkie.ca.

8. Help (HELP)

For help, reply HELP to any message from Winkie. You will receive contact details for Winkie customer care. You can also reach us at admin@winkie.ca or +1 (672) 727-8734.

9. Supported Carriers

The Program is supported on major U.S. and Canadian wireless carriers, including AT&T, Verizon Wireless, T-Mobile, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, Cricket, Bell, Rogers, Telus, and others. WhatsApp messages require an active WhatsApp account on a supported device.

Carriers are not liable for delayed or undelivered messages.

10. Changes to Your Mobile Number

You agree to notify Winkie immediately if you change, deactivate, or relinquish the mobile number you provided. Failure to do so may result in messages being delivered to a person who has not consented. You may update or remove your number by emailing admin@winkie.ca.

11. Acceptable Use

When interacting with the Program, you agree not to:

• Send unlawful, abusive, harassing, threatening, or fraudulent content;
• Impersonate any person or entity;
• Interfere with or disrupt the Program or related infrastructure;
• Use the Program to violate any applicable law or regulation, including the TCPA (U.S.), CASL (Canada), or LGPD (Brazil).

12. Privacy

Your information is handled according to our SMS & WhatsApp Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors that support the Program is permitted strictly to operate the Program.

13. WhatsApp-Specific Terms

WhatsApp messages are also subject to Meta's WhatsApp Business Terms of Service and Business Messaging Policy. Outside the 24-hour customer-service window, Winkie will only send approved template messages corresponding to the category you opted in to.

14. Disclaimers

The Program is provided on an "as is" and "as available" basis. Winkie makes no warranties, express or implied, regarding the Program, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that messages will be delivered, timely, secure, error-free, or uninterrupted.

15. Limitation of Liability

To the maximum extent permitted by law, Winkie and its affiliates, officers, employees, agents, partners, and subcontractors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Program, including missed or delayed messages, even if advised of the possibility of such damages. Winkie's total aggregate liability under these Terms will not exceed USD $100.

16. Indemnification

You agree to indemnify, defend, and hold harmless Winkie and its affiliates from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of your misuse of the Program, your violation of these Terms, or your violation of any law or third-party right.

17. Modifications

We may modify these Terms at any time. The "Effective Date" above will reflect the most recent update. Material changes will be communicated through the Program or our website. Continued participation after changes constitutes acceptance.

18. Termination

Winkie may suspend or terminate your access to the Program at any time, with or without notice, for any reason, including suspected violation of these Terms or applicable law.

19. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles. Any dispute will be resolved exclusively in the state or federal courts located in Pinellas County, Florida, unless otherwise required by mandatory consumer-protection law in your jurisdiction.

20. Contact Information

For questions about these Terms, contact: