legal · last updated August 2026

Terms of service

Aloha Mail is run by Mario Berger, Am Mühlkamp 28, 3492 Walkersdorf, Austria. Contact: mario@alohamail.co. These terms apply to every subscription. They are written to be read, not to scare anyone.

1. What the service is

Aloha Mail plans email campaigns six weeks ahead, writes them in your brand voice, and places them as drafts in your Klaviyo account. You approve every plan and every send. Nothing is ever sent without your approval. You can send any draft back for revision with a short note or a voice message.

Plans and drafts are created with the help of AI systems, built on your materials and your instructions. Every email still passes through your approval before it goes anywhere.

The service is sold to businesses, not to consumers.

2. What the service is not

No specific results are promised. Revenue, open rates, click rates and list growth depend on your products, your list and your market. Aloha Mail does not review your marketing for legal compliance and is not legal, tax or financial advice.

3. Your responsibilities

You provide access to your Klaviyo account and accurate information about your brand and products.

Your email list is yours, and so is the responsibility for it. You confirm that the people on it have consented to receive marketing emails and that your use of the service complies with the laws that apply to you (for example CAN-SPAM in the US, PECR in the UK, GDPR where applicable).

You review drafts before approving them. Approving a send means you have checked its content, including prices, claims and availability.

The service may not be used to promote illegal products, deceptive claims, or content that is unlawful where your recipients live. Aloha Mail may decline to write specific content on these grounds.

4. Your materials

You grant Aloha Mail the right to use the materials you provide and the content of your shop, your past sends and your brand assets for one purpose: creating your plans and emails. The materials remain yours. This right ends when your subscription ends, except where drafts already delivered are concerned.

5. Price and billing

The subscription costs the price shown on the website at the time you sign up. Founding customers keep their rate for as long as their subscription runs without interruption.

Nothing is charged until you approve your first send. After that, the subscription is billed monthly in advance through our payment processor. Prices are in US dollars and exclude any taxes you may owe in your own country.

If a payment fails, you will be notified and the charge retried. If payment is still outstanding 14 days later, the service may be paused until the balance is settled. Drafts already delivered stay yours.

6. Fair use

Revisions are part of the service and there is no fixed cap, but they are meant to get a draft right, not to produce unlimited variants. Strategy sessions are scheduled within the period they belong to and do not accumulate. If usage goes far beyond what the price can carry, you will hear about it directly and honestly before anything changes.

7. Cancellation and termination

You can cancel at any time, with one click, without giving a reason. There is no notice period and no minimum term. Cancellation takes effect at the end of the billing month already paid; no further charges follow. There are no refunds for the current month.

Aloha Mail may terminate the subscription with immediate effect if payment remains outstanding after the pause described above, or if the service is used for content described as off-limits in section 3. In that case, the unused part of the current month is refunded unless the termination is due to unlawful content.

8. Ownership and feedback

Every plan and every email written for you belongs to you, including after you cancel. Drafts stay in your Klaviyo. Aloha Mail keeps the right to use its own general methods, templates and know-how for other customers. Aloha Mail will not imitate another brand's emails for you, and will not hand your materials to anyone else.

If you suggest features or improvements, Aloha Mail may build and use them without obligation or compensation. That is what the founding phase is for.

9. Confidentiality

Your numbers, your plans and your materials are treated as confidential and shared with no one. You will not be named as a customer or reference without your explicit consent.

10. Access and data

Aloha Mail uses your Klaviyo access only to create drafts, schedule approved sends and read campaign results. Your data is used only to provide the service. Service providers involved in delivery (for example Klaviyo, the payment processor, and AI providers used for drafting) are listed in the privacy policy.

11. Availability and changes

The service is young and evolves. Features may be added or changed. If a change removes something essential to you, you can cancel as described above. Reasonable efforts are made to keep the service running, but uninterrupted availability is not guaranteed. Neither side is responsible for delays caused by events outside its reasonable control.

12. Liability and indemnity

Aloha Mail is liable without limit for intent and gross negligence, and for damages arising from injury to life, body or health. For ordinary negligence, liability is limited to foreseeable damages typical for this kind of contract, and capped at the fees you paid in the three months before the event. Liability for indirect damages and lost profits is excluded to the extent the law allows. Mandatory statutory liability remains unaffected.

You indemnify Aloha Mail against third-party claims that arise from your list and how it was collected, your products, or content you approved, except where the claim is caused by Aloha Mail's own intent or gross negligence.

13. Changes to these terms

These terms may change. You will be notified by email at least 14 days before a change takes effect. If you do not agree, you can cancel; if you keep using the service after the date given, the new terms apply.

14. Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the court responsible for Krems an der Donau, Austria. Notices under these terms may be sent by email. If a provision of these terms is invalid, the rest remains in force. These terms are the entire agreement between you and Aloha Mail.

Questions about any of this go to mario@alohamail.co and get answered by the person who wrote it.