AhaSend Terms of Use

1. Acceptance of Terms

By accessing or using AhaSend's services, websites, or applications (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

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. Use of Service

a. Permitted Use: You may use the Service solely for sending transactional emails.

b. 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 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.
• 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.

4. Content Responsibility

You are solely responsible for the content of your emails and the consequences of sending them. AhaSend does not endorse the content of any user communications and expressly disclaims any liability related to your emails.

5. Account and Third-Party Conduct

You are responsible for maintaining the security of your account and password and for all activities that occur under your account. 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.

6. 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.

7. 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.

8. Service Level Agreement (SLA)

AhaSend commits to a 99% uptime, excluding planned maintenance. If uptime falls below 99%, 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.

9. Force Majeure

A force majeure event refers to any event beyond AhaSend's reasonable control, including but not limited to natural disasters, war, government actions, terrorism, civil disturbance, and infrastructure failures.

10. Termination

AhaSend, in its sole discretion, may terminate your account or use of the Service and remove and discard any content 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.

11. Refund Policy for Lifetime Plan Users

a. Eligibility for Refunds: Users who have purchased a Lifetime Plan may be eligible for a refund under the following conditions:

• The request for a refund is made within 1 month (30 days) from the purchase date of the Lifetime Plan.
• The user has sent fewer than 1,000 emails using the AhaSend service since the purchase of the Lifetime Plan.
• The user is not in breach of any of the terms of service outlined in this document.

b. Requesting a Refund: AhaSend offers a 'no questions asked' refund policy. To request a refund, eligible users must:

• Contact AhaSend support using the contact information provided in the 'Contact Information' section of these Terms.
• Indicate their desire to cancel their Lifetime Plan and request a refund.

c. Processing of Refunds: Upon receiving a refund request, AhaSend will:

• Verify the eligibility of the user for a refund, including the number of emails sent, the date of the Lifetime Plan purchase, and compliance with the terms of service.
• Process eligible refunds promptly, subject to verification of the conditions mentioned above. The refund will be issued to the original method of payment used at the time of purchase.

d. Limitations: The following limitations apply to the Refund Policy for Lifetime Plan Users:

• Refunds are limited to the amount paid for the Lifetime Plan and do not cover any additional services or fees that may have been incurred.
• After a refund is processed, the user's Lifetime Plan will be terminated, and the user will no longer have access to the features and services associated with the Lifetime Plan.
• Refunds are only available to users who are not in breach of the terms of service. AhaSend reserves the right to refuse a refund if it determines that the user has violated any terms of service.

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.

13. Limitation of Liability

AhaSend shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or the inability to use the Service or for the cost of procurement of substitute goods and services.

14. Governing Law

These Terms and your use of the Service shall be governed by the laws of Austria, without regard to its conflict of law provisions.

15. 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. Changes will apply to you and your account immediately upon posting. If changes affect how your emails or accounts are processed, AhaSend will take reasonable steps to inform you.

16. Contact Information

If you have any questions or suggestions regarding our Terms of Use, please contact us at info@ahasend.com.