Anti-Spam Policy

1. Introduction & Legal Context

1.1 Purpose. This Anti-Spam Policy ("ASP") sets out the rules, standards, and procedures governing all outbound email communications sent through the Mailxify platform. It applies to all Users, including Workspace Owners and Members, in respect of every Campaign, Message, and outreach activity conducted through the Service.

1.2 Incorporation. This ASP is incorporated into and forms part of the Mailxify Terms of Service. Capitalized terms not defined herein have the meanings given to them in the Terms of Service. In the event of conflict between this ASP and the Terms of Service, the Terms of Service shall prevail.

1.3 Applicable Legal Framework. Anti-spam obligations in India are governed by a combination of legislative and regulatory instruments, including:

• The Information Technology Act, 2000 (Section 66A, as it existed prior to its striking down, and relevant surviving provisions relating to harmful or offensive communications);
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which impose due diligence obligations on platforms that host or facilitate third-party content;
• The Consumer Protection Act, 2019, which prohibits unfair trade practices including misleading advertisements and unsolicited communications that constitute harassment;
• The Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR/DND) issued by TRAI — these regulations govern bulk commercial SMS and voice communications, not email. They are referenced here for context only and do not directly govern email outreach.

1.4 International Recipients. Where your Recipients are located in jurisdictions outside India, additional anti-spam and privacy laws may apply, including the CAN-SPAM Act (United States), CASL (Canada), and GDPR/national anti-spam laws (European Union and UK). You are responsible for complying with all laws applicable to both you and your Recipients.

1.5 Email Provider Policies. In addition to law, email outreach through the Service is subject to the operational policies of Gmail and Google Workspace, which govern sending behavior through their platforms. These provider policies are operational guidelines, not statutory law. They are described in Section 12 of this ASP.

2. Definitions

For the purposes of this ASP:

• "Complaint" means a report made by a Recipient to their email provider (typically using a "Mark as Spam" or "Report Spam" button) indicating that a Message was unwanted.
• "Complaint Rate" means the percentage of Messages transmitted in a given period that generate Complaints, calculated as (number of Complaints / number of Messages reaching Recipients' inboxes) × 100.
• "Hard Bounce" means a permanent delivery failure, typically because the email address does not exist, the domain does not exist, or the Recipient's mail server has permanently rejected delivery.
• "Soft Bounce" means a temporary delivery failure, typically because the Recipient's inbox is full, their mail server is temporarily unavailable, or the Message exceeded size limits.
• "Spam" means unsolicited bulk commercial electronic communications sent without a valid legal basis, or in violation of applicable law, this ASP, or the Acceptable Use Policy.
• "Suppression" means the act of adding an email address to a list that prevents further Campaign Messages from being transmitted to that address.
• "Unsubscribe Request" means any communication from a Recipient indicating a desire to stop receiving further Messages from you, whether by clicking an unsubscribe link, replying with an opt-out phrase (e.g., "unsubscribe", "stop", "remove me"), or any other clear expression of withdrawal of permission.

3. Recipient Eligibility & Lawful Basis

3.1 Requirement of Lawful Basis. Before transmitting any Campaign Message to a Recipient, you must have a lawful basis for doing so. The primary recognized bases for commercial electronic communications are:

• Explicit Consent: The Recipient has affirmatively, specifically, and verifiably agreed to receive commercial email from you on the subject matter of your Campaign. Consent must be freely given, specific to your communications (not just a general consent to receive any email), and documented with evidence of when, how, and by whom it was given.
• Existing Business Relationship (where legally applicable): In some contexts, an existing and recent business relationship (e.g., a prior purchase, service engagement, or professional interaction) may provide a basis for transactional or relationship-based outreach. However, this basis does not extend to unsolicited promotional bulk sending.
• Professional Legitimate Interest (B2B, where legally applicable): In B2B contexts, contacting a business professional about a subject matter genuinely relevant to their professional role may, under certain interpretations of applicable law, constitute a legitimate interest basis for a reasonable number of outreach attempts, provided the communication is honest, professional, and provides a functional opt-out.

3.2 Evidence of Lawful Basis. You must be able to produce evidence of your lawful basis for contacting each Recipient upon request. Mailxify may request such evidence as part of an abuse investigation. Failure to produce verifiable evidence within forty-eight (48) hours of a written request will be treated as evidence of non-compliance and may result in Campaign suspension.

3.3 No Retroactive Consent. You may not send a Campaign to Recipients and then subsequently claim that their failure to unsubscribe constitutes consent. Consent must pre-exist the first communication.

3.4 Re-Consent After Opt-Out. Where a Recipient has previously unsubscribed or opted out of your communications, you may not re-add them to an active Campaign list unless they have specifically and affirmatively re-consented to receive further communications from you, through a positive opt-in action (e.g., re-subscribing via a form, or explicitly emailing you to request re-engagement). A Recipient's failure to act on their suppression is not re-consent.

4. Permitted Sourcing Methods

4.1 The following Recipient sourcing methods are consistent with this ASP, subject to all other requirements of this policy:

• Direct opt-in subscription: The Recipient completes a subscription form, event registration, or other direct opt-in mechanism operated by you, confirming consent to receive your communications;
• Explicit verbal or written request: The Recipient directly contacts you by email, phone, or other channel and explicitly requests to receive information from you;
• Business card or conference exchange: The Recipient provides you with their business contact details in a professional context (e.g., a business meeting, industry conference, or networking event) where the context reasonably implies openness to professional follow-up. Continued sending beyond initial follow-up requires confirmed ongoing permission;
• Existing client or customer relationship: The Recipient has an active or recent business relationship with you and has not opted out of your communications; or
• Referral with confirmed interest: A trusted mutual contact provides you with a Recipient's details and confirms the Recipient has expressed genuine interest in hearing from you, and you disclose the referral source in your initial contact.

5. Prohibited Sourcing Methods

5.1 The following sourcing methods are absolutely prohibited and will, if discovered, result in immediate suspension of sending access:

• Purchased Lists: Any list of email addresses purchased, leased, or rented from a third-party data vendor, lead database, data broker, or email list provider, regardless of how that provider characterizes the list (e.g., "opt-in", "verified", "GDPR-compliant"). Third-party opt-in does not constitute consent for your specific commercial communications.
• Web Scraping: Email addresses collected through automated scraping of websites, LinkedIn, professional directories, public databases, forum posts, conference attendee lists, social media profiles, or any online source.
• Email Harvesting: Email addresses collected using email harvesting software, web crawlers, or any other automated extraction tool.
• Data Enrichment Appending: Adding email addresses to your database through a third-party data enrichment service, where the added individuals have not specifically consented to receive your commercial communications.
• Co-Registration Lists: Email addresses collected through co-registration arrangements where Recipients consented to receive communications from unnamed "third party partners" or a broad category of senders rather than from you specifically.
• Inferred or Guessed Addresses: Email addresses constructed by guessing standard naming conventions (e.g., firstname.lastname@company.com) for individuals who have not provided their email address to you directly.
• Recycled Lists: Lists from prior campaigns or prior businesses that have not sent to those Recipients within a reasonable recent period and that have not re-confirmed consent for the current sending purpose.

6. Sender Identity & Honest Headers

6.1 True Sender Identity Required. Every Message transmitted through the Service must accurately identify the true sender. You must not use the Service to send any Message with a falsified, spoofed, or misleading "From" name, "From" email address, Reply-To address, or any other identifying header.

6.2 Authorized Sender Identity. You may only transmit Messages using a sending identity (Gmail or Google Workspace address) that belongs to you or that you are authorized to use on behalf of your organization. You may not transmit Messages that appear to originate from another person's or organization's email address without their explicit authorization.

6.3 Sender Name Accuracy. The "From" display name must accurately identify you, your brand, or your organization. Generic sender names designed to appear as personal email (e.g., "Team", "Support", "Info") may be used only where genuinely accurate and not designed to deceive the Recipient about the nature of the communication.

6.4 Physical Postal Address. Some jurisdictions (including the United States under the CAN-SPAM Act) require commercial emails to include a valid physical postal address of the sender. Where your Recipients may be located in such jurisdictions, including your physical or registered business address in Campaign Messages is required. We recommend including a physical address as standard practice regardless of Recipient location.

7. Subject Line Integrity

7.1 The subject line of every Message must accurately and honestly reflect the content of the Message. Subject lines must not:

• Falsely suggest the Message is a personal reply (e.g., starting with "Re:" when not actually a reply);
• Falsely suggest the Message is a forwarded communication (e.g., starting with "Fwd:");
• Use false urgency, false scarcity, or false claims of a relationship to induce opening (e.g., "Your account has been suspended" where no such suspension has occurred);
• Use clickbait, sensationalism, or deliberately vague language designed to induce opening without accurately representing the content;
• Include false personalization that suggests a prior personal relationship that does not exist; or
• Misrepresent the commercial nature of the email (e.g., disguising a sales pitch as a news update or personal message).

7.2 Preview text (email snippet text visible in inbox previews before opening) is considered part of the subject line for the purposes of this Section and is subject to the same honesty standards.

8. Unsubscribe & Opt-Out Mechanics

8.1 Mandatory Unsubscribe Mechanism. Every commercial Message transmitted through the Service must include a clear, conspicuous, and functional mechanism by which the Recipient can opt out of receiving further Messages from you. The unsubscribe mechanism provided by Mailxify (where implemented) must not be disabled, removed, or obscured.

8.2 One-Click Unsubscribe. As of February 2024, Google's sender requirements for bulk senders (senders of 5,000 or more messages per day) include support for RFC 8058 one-click List-Unsubscribe (the List-Unsubscribe-Post header). For Users who qualify as bulk senders under Google's definition, Mailxify will implement List-Unsubscribe headers in transmitted Messages when technically feasible within the Gmail API integration. This is a best practice that Mailxify intends to support; it is a sender-guideline requirement of Google, not a statutory requirement under Indian law.

8.3 Response Time. Upon receiving any Unsubscribe Request through any channel (whether by clicking an unsubscribe link, replying to a Message, or by any other express opt-out mechanism), you must:

• Process the opt-out within twenty-four (24) hours of receipt;
• Add the Recipient's email address to your Suppression List; and
• Ensure that no further Campaign Messages are transmitted to that address from any Workspace you control.

8.4 No Fees for Unsubscribing. Unsubscribing from your communications must be free of charge to the Recipient. You may not require the Recipient to pay, to register for an account, or to perform more than a simple, single-step action to unsubscribe.

8.5 No Retaliation. You must not retaliate against a Recipient for unsubscribing. Retaliation includes sending additional Messages to the Recipient after they have opted out, challenging their opt-out request, or transmitting negative communications in response to an opt-out.

8.6 Transactional Exemptions. Purely transactional or relationship-based communications (e.g., direct replies to an inquiry already received from the Recipient, confirming a scheduled meeting, or fulfilling a specific request) are exempt from the mandatory unsubscribe mechanism requirement. However, any transactional communication must not include commercial promotional content that converts it into a commercial Message for the purposes of this policy.

9. Suppression Lists

9.1 Mailxify maintains Workspace-level Suppression Lists that record email addresses that must not receive further Campaign Messages. The following categories of addresses must be added to the Suppression List and kept suppressed:

• Addresses where the Recipient has submitted an Unsubscribe Request through any channel;
• Addresses where the Recipient has made a spam complaint (where complaint feedback is available);
• Addresses that have generated repeated Hard Bounces;
• Addresses that the User has manually flagged as do-not-contact; and
• Any address that Mailxify has suppressed as part of an enforcement action.

9.2 Persistence of Suppression. Suppression is permanent unless a Recipient affirmatively re-consents to receiving further communications from you. Suppression records must be retained for the lifetime of your Account and must not be deleted or circumvented.

9.3 Cross-Workspace Suppression. Where the same User operates multiple Workspaces, Mailxify recommends (and, for accounts with a history of abuse, may require) maintaining consistent suppression across all Workspaces.

9.4 Suppression on Account Transition. If you migrate to a new Account or create a new Workspace, you are responsible for importing and applying your existing Suppression List to the new sending environment. Starting a new Account as a method of evading suppression obligations is a violation of this ASP and the Acceptable Use Policy.

10. Bounce Handling & List Hygiene

10.1 Hard Bounce Removal. Email addresses that generate Hard Bounces must be promptly removed from active Campaign lists and added to the Suppression List. Continued sending to known hard-bounced addresses degrades sending reputation and is a strong indicator of poor list quality.

10.2 Bounce Rate Thresholds. Mailxify uses bounce rates as one signal in evaluating account health:

• A bounce rate consistently above 2% may trigger a review of your list sourcing and Campaign practices;
• A bounce rate consistently above 5% is treated as a serious signal of poor list hygiene and will likely result in automatic throttling and a formal account review with a request for evidence of list sourcing.

10.3 Soft Bounces. Soft bounces (temporary failures) will typically be retried by the sending infrastructure within configurable windows. Addresses that soft-bounce repeatedly over multiple attempts should be reviewed and, if the cause appears permanent, treated as hard bounces.

10.4 Address Verification. Mailxify recommends (but does not mandate) verifying email addresses before sending at scale, using a reputable email verification service. Mass "test sends" to large unverified lists for the purpose of validating addresses are prohibited under this ASP.

11. Complaint Handling

11.1 Spam Complaint Rate. Complaint rates are a critical indicator of Campaign health and of compliance with sending best practices. You are required to actively monitor your complaint rates and to take prompt corrective action when complaint rates rise.

11.2 Google Gmail Guidance. Google's current sender guidance for Gmail provides the following operational recommendations for senders:

• Senders should generally maintain spam complaint rates below 0.10% (one complaint per 1,000 messages);
• Senders should seek to avoid sustained spam complaint rates of 0.30% or higher, at which level Google may apply additional enforcement measures including filtering, deferral, or blocking;
• Google's sender documentation notes that these thresholds are signals used in automated enforcement and are not the sole criterion for delivery decisions.

These are operational guidelines published by Google for senders using Gmail infrastructure. They are not statutory requirements under Indian law and are subject to change by Google without notice. Mailxify references them as industry-standard guidance applicable to our Users when Gmail Integration is active.

11.3 Mailxify Complaint Thresholds. Mailxify may, independently of Google's guidelines, apply internal complaint rate thresholds as part of its abuse prevention practices. An Account with a Mailxify-assessed complaint rate that poses a risk to shared sending infrastructure may be subject to throttling, suspension, or termination even if the rate falls below Google's published thresholds.

11.4 Complaint Feedback. Complaint feedback (i.e., feedback from email providers indicating that a Recipient has marked a Message as spam) may or may not be available depending on the sending provider and the Recipient's email provider. Where complaint feedback is available, Mailxify will use reasonable efforts to update the relevant Suppression List.

12. Email Provider Policies

12.1 Campaign Messages sent through the Service are transmitted using Google's Gmail or Google Workspace APIs (when Gmail Integration is active). Your sending is therefore subject to Google's terms of service and sender policies, including the Google Workspace Terms of Service, the Gmail Program Policies, and the Google API Services User Data Policy.

12.2 Google has published sender guidelines and requirements applicable to bulk senders. Key current requirements (subject to change by Google) include:

• Authenticating outgoing email with SPF, DKIM, and DMARC for your sending domain;
• Ensuring a valid forward and reverse DNS record for the sending IP;
• Using TLS for transmitting email;
• Supporting one-click List-Unsubscribe for qualifying bulk senders;
• Maintaining spam complaint rates below the recommended thresholds described in Section 11.2;
• Complying with Google's Bulk Sender Guidelines published at Google's support documentation.

12.3 Mailxify will use reasonable efforts to implement technical best practices (SPF, DKIM, DMARC alignment, List-Unsubscribe headers) within the scope of what is achievable via the Gmail API. However, certain authentication controls (e.g., DKIM signing on your custom domain) depend on configuration by the User in their own Google Workspace or Gmail settings, and are outside Mailxify's control.

12.4 You are responsible for understanding and complying with the current version of Google's sender policies applicable to your use of Gmail or Google Workspace. Mailxify is not responsible for enforcement actions taken by Google against your Gmail or Google Workspace account as a result of your sending practices.

13. Campaign Suspension & Enforcement

13.1 Automatic Triggers. Mailxify may automatically throttle or suspend Campaign sending access when any of the following thresholds are detected:

• Hard bounce rate exceeds 5%;
• Complaint rate reaches 0.30% or higher (consistent with Google's enforcement guidance);
• A significant spike in sending volume inconsistent with prior behavior is detected (potential account compromise signal);
• Multiple consecutive large-scale failed sends to unverified addresses (indicator of list quality issues or verification sending); or
• Mailxify receives three (3) or more abuse complaints regarding the same Account within a thirty (30)-day period.

13.2 Notification. Where technically feasible and where notification does not exacerbate an ongoing abuse situation, Mailxify will notify you by email to your registered Account address when Campaign sending access is suspended. The notification will include the reason for suspension and, where applicable, the steps required for reinstatement.

13.3 Reinstatement Requirements. Reinstatement of suspended sending access may require:

• Submission of evidence of the lawful basis for the affected Campaign's Recipient list;
• Removal of non-compliant addresses from your Contact list;
• Evidence of list hygiene improvements (e.g., removal of hard-bounced addresses);
• A written commitment to comply with this ASP going forward; and
• Agreement to reduced daily sending caps pending a probationary period.

13.4 No Reinstatement for Serious Violations. Campaign sending access will not be reinstated where the violation involved the transmission of Spam to a purchased or harvested list, phishing, fraud, or any other conduct that poses a material ongoing risk to Recipients or to the integrity of email infrastructure.

14. Repeated Offenders

14.1 An Account that receives more than two (2) formal warnings or suspension actions for the same or substantially similar violations within any twelve (12)-month period will be classified as a repeat offender. Repeat offenders are subject to:

• Permanent termination of Campaign sending access;
• Permanent Account termination without refund;
• Entry on Mailxify's internal known-abuse registry, which may affect the registration of new Accounts using the same or related identities; and
• Reporting to relevant authorities or email industry abuse prevention bodies.

14.2 Creating a new Account after an Account has been terminated for repeated violations is a violation of this ASP and the Acceptable Use Policy, and will result in the new Account being terminated upon discovery.

15. Circumvention & Evasion

15.1 You shall not attempt to evade, circumvent, or defeat any enforcement mechanism established under this ASP. Prohibited circumvention activities include:

• Creating multiple Accounts to circumvent sending volume limits or post-suspension sending restrictions;
• Re-uploading suppressed email addresses under different Contact field names, email alias formats, or with minor variations (e.g., added plus tags);
• Using third-party email sending infrastructure to continue sending Campaigns to Recipients where Mailxify has suspended sending access;
• Altering Message formatting, routing, or header information to evade Mailxify's or Google's spam detection;
• Rotating between multiple connected Gmail accounts to distribute sending volume and avoid rate limits; or
• Any other technical or operational measure designed to defeat the spirit of this ASP or Mailxify's enforcement mechanisms.

15.2 Discovery of circumvention activity will result in immediate and permanent Account termination without notice or opportunity to appeal.

16. General Provisions

16.1 Amendments. Mailxify may amend this ASP at any time. Material amendments will be communicated with reasonable prior notice. Continued use after the effective date of any amendment constitutes acceptance.

16.2 Governing Law. This ASP is governed by the laws of India, and all disputes are subject to the dispute resolution provisions of the Terms of Service.

16.3 Interaction with Other Policies. This ASP supplements the Acceptable Use Policy and the Terms of Service. Users must comply with all three instruments simultaneously. In the event of any conflict, the Terms of Service prevail, followed by this ASP.

16.4 No Waiver. Mailxify's failure to enforce any provision of this ASP in any specific instance does not constitute a waiver of its rights to enforce that provision or any other provision in any future instance.