Terms & Conditions

AhaSend Terms of Use

Last Updated: 9 May 2025

Welcome to AhaSend! We are a dedicated Email Service Provider (ESP) specializing in transactional emails. Our services are designed to ensure that your transactional emails are delivered reliably and efficiently. Please read these Terms of Use ("Terms") carefully as they govern your use of our service.

By accessing or using AhaSend's services, websites, or applications (collectively, the "Service"), you ("Client," "You," or "Your") agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement (DPA). If you do not agree to all of these, please do not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

2. Description of Service

AhaSend provides a platform for sending transactional emails. Transactional emails are automated, real-time emails sent to individuals based on interactions or transactions with your business (e.g., order confirmations, password resets, and notifications).

3. Privacy and Data Protection

Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy details how we collect, use, and protect your personal information when you use our Website and Services as a direct client of AhaSend (i.e., when AhaSend acts as a Data Controller). You can find our Privacy Policy here: https://ahasend.com/privacy
Data Processing Agreement (DPA): When you use the Service to send emails to your end-users or subscribers ("Recipients"), you are the Data Controller, and AhaSend (TakTek GmbH) acts as a Data Processor on your behalf for the personal data of your Recipients that you process through our Service (e.g., email addresses, email content).
The processing of such personal data is governed by our Data Processing Agreement (DPA), which is incorporated by reference into these Terms and forms an integral part of our agreement with you. You can find our DPA here: https://ahasend.com/dpa.
By agreeing to these Terms, you are also agreeing to the terms of the DPA. The DPA outlines our respective obligations concerning data protection, security measures, sub-processors, data breach notifications, and assistance with data subject rights related to the data you process through our Service.
Your Responsibilities as Data Controller: You represent and warrant that you have all necessary rights and lawful bases (e.g., consent, contractual necessity) to collect, process, and use the personal data of your Recipients that you provide to AhaSend or instruct AhaSend to process through the Service. You are solely responsible for:
1. Ensuring the accuracy, quality, and legality of the Recipient data and the means by which you acquired it.
2. Complying with all applicable data protection laws and regulations in relation to your collection and use of Recipient data, including providing necessary notices and obtaining required consents from Recipients.
3. The content of the emails you send through the Service and ensuring it complies with all applicable laws and these Terms.

4. Use of Service

Permitted Use: You may use the Service solely for sending transactional emails in compliance with these Terms and all applicable laws, including data protection and anti-spam laws.
Prohibited Actions: Any use of the Service for the following actions is strictly prohibited.
- Sending or promoting spam, phishing, scamming emails, or other unsolicited emails.
- Sending emails relating to any of these categories:
  - Cold emails: Any unsolicited emails trying to promote or sell a service.
  - Gambling: Any promotion of online casinos, sports betting, lottery schemes, or unlicensed gambling activities.
  - Adult Content: Explicit sexual material, pornography, escort services, or sexually oriented products/services not suitable for a general audience.
  - Political Campaigns: Unsolicited messages promoting specific political candidates, parties, or ideologies.
  - Illegal Substances: Any content related to the sale or distribution of illegal drugs or controlled substances.
  - Hate Speech: Content that promotes discrimination, hostility, or violence.
  - Unauthorized Pharmaceutical Sales: Promotion of prescription drugs without proper licensing or attempts to circumvent prescription requirements.
  - Pyramid Schemes or MLM: Unsolicited invitations to join multi-level marketing programs or pyramid schemes.
  - Extremism and Radicalization: Content promoting extremist ideologies or attempting to radicalize recipients.
  - Weapons and Explosives: Unauthorized sale or distribution of firearms, explosives, or illegal weapons.
  - Academic Cheating: Offering services for writing essays, taking exams, or other forms of academic dishonesty.
  - Unlicensed Cryptocurrencies and trading platforms: Promotion of cryptocurrency investments, initial coin offerings (ICOs), or unlicensed crypto trading platforms. Licensed cryptocurrency trading platforms are welcome to use AhaSend after reaching out to us so that we can review and verify their account.
  - Special Categories of Personal Data (Sensitive Data): Transmitting emails that contain or are intended to elicit "special categories of personal data" as defined under Article 9 of the GDPR (e.g., data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for unique identification, data concerning health, or data concerning a natural person's sex life or sexual orientation) without explicit agreement with AhaSend and without ensuring you have a valid lawful basis and have implemented all necessary safeguards for processing such data as required by applicable law.
  - Content Directed at or Involving Children: Transmitting emails that are primarily directed at children (as defined by applicable law, e.g., under 16 in many EU jurisdictions, or under 13 as per COPPA in the US) or that knowingly collect or solicit personal information from children in a manner that violates applicable laws (such as GDPR, COPPA). You must comply with all applicable laws regarding the collection of data from children. Our stance on data related to children is further detailed in Section 11 of our Privacy Policy.
- Sending high-risk emails where non-delivery could result in bodily injury, death, or significant physical or environmental damage.
- Creating bot accounts or engaging in automated account creation.
- Use the Service in any manner that violates applicable laws or regulations, including but not limited to GDPR, ePrivacy Directive, CAN-SPAM Act, and other local data protection and anti-spam legislation.
- Transmit through the Service any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Introducing any virus, malware, or other contaminants into the Service, intentionally or unintentionally.
- Engaging in any action that is against or can result in actions or retaliation against AhaSend, its network, hardware, employees, officers, agents, or shareholders.
- Taking any action that could result in AhaSend's IPs or domains being listed on abuse lists or blocklists.

5. Content Responsibility

You are solely responsible for the content of your emails, the data of your Recipients, and the consequences of sending emails through the Service. AhaSend does not endorse the content of any user communications and expressly disclaims any liability related to your emails and your data processing activities. You agree to indemnify and hold AhaSend harmless from any claims arising from your use of the Service, including your content and your handling of Recipient data.

6. Account and Third-Party Conduct

You are responsible for maintaining the security of your account credentials (e.g., API keys, passwords) and for all activities that occur under your account. You agree to notify AhaSend immediately of any unauthorized use of your account or any other breach of security. If you provide access to your account to a third party, intentionally or due to failure to use reasonable security measures, you are responsible for their actions under your account.

7. Domains

You must own or have explicit authorization from the domain holder to use any domain for sending emails through AhaSend. Unauthorized use of domains is strictly prohibited. You are responsible for configuring your domain's DNS records (e.g., SPF, DKIM, DMARC) as recommended by AhaSend to ensure email deliverability and authenticity.

8. Service Modifications

AhaSend reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AhaSend shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

9. Service Level Agreement (SLA)

AhaSend commits to a 99.9% uptime, excluding planned maintenance. If uptime falls below 99.9%, you will receive a credit of 5% of your monthly fee for every 30 minutes of downtime, up to a maximum of 100% of your monthly fee. This does not apply if the downtime results from breaches of these Terms, DoS/DDoS attacks, hacking attempts, force majeure events, or other factors beyond AhaSend's reasonable control.

10. Force Majeure

A force majeure event refers to any event beyond AhaSend's reasonable control, including but not limited to natural disasters, acts of God, war, government actions, terrorism, civil disturbance, pandemics, epidemics, and infrastructure failures (including widespread internet or telecommunication outages not caused by AhaSend). AhaSend shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AhaSend’s reasonable control.

11. Termination

By You: You may terminate your account at any time by following the procedures within the Service or by contacting [email protected].
By AhaSend: AhaSend, in its sole discretion, may suspend or terminate your account or use of the Service and remove and discard any content or data within the Service for any reason, including, without limitation, for lack of use or if AhaSend believes that you have violated or acted inconsistently with the letter or spirit of these Terms or the DPA. AhaSend will endeavor to provide notice of such termination where practicable.
Effect of Termination: Upon termination, your right to use the Service will immediately cease. AhaSend will handle data associated with your account, including Recipient data processed on your behalf, in accordance with the DPA, which may include deletion or return of data as stipulated therein.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AHASEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AHASEND MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AHASEND (TAKTEK GMBH), INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AHASEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL AHASEND'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless AhaSend (TakTek GmbH), its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms, violation of any applicable law, or infringement of any rights of a third party, including any claims related to the data of your Recipients or the content of your emails.

15. Governing Law and Dispute Resolution

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria.

16. Changes to Terms

AhaSend may change these Terms of Use at any time. Changes will be posted on this page, with the 'Last Updated' date at the top updated accordingly. We will endeavor to notify you of material changes, for example, via email or a notice on our Service, before the changes become effective. Your continued use of the Service after such changes have been notified and have become effective will constitute your acceptance of the new Terms. We encourage you to review these Terms periodically.

17. Contact Information

If you have any questions about these Terms of Use, please contact us at:
TakTek GmbH (AhaSend.com)
Siebensterngasse 42/3, 1070 Vienna, Austria
Email: [email protected]

By using AhaSend, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and our Data Processing Agreement.