Terms of Service for "Hello Email"

Bergstein Media Ltd, Arch. Makariou III 55, Flat 102, 7550 Kiti, Cyprus ("Provider") — Last updated: October 2026

This is a convenience translation. In case of discrepancies, the German version prevails (see Section 16(3)).

Section 1 Scope; Business Customers Only

(1) These Terms apply to all contracts for the use of the "Hello Email" software (app.hello-email.com) between the Provider and its customers.

(2) The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Upon registration, the Customer confirms that it is acting in the exercise of its trade, business or profession.

(3) Deviating terms of the Customer shall not apply, even if the Provider does not expressly object to them.

Section 2 Subject Matter

(1) The Provider makes available to the Customer a cloud-based software for AI-powered email marketing as software-as-a-service, for use via the internet. The current scope of features results from the service description on hello-email.com.

(2) The Provider continuously develops the software. It may modify, supplement or discontinue features, provided the core scope of services (creation and sending of email campaigns) is maintained and the change is reasonable for the Customer.

(3) Features marked as "Beta" or "Early Access" are provided on a voluntary basis without warranty as to availability or freedom from defects; they may be modified or discontinued at any time.

Section 3 Conclusion of Contract

The contract is concluded upon completion of registration and confirmation by the Provider. By registering, the Customer accepts these Terms including the Data Processing Agreement (Annex 1).

Section 4 Availability; Support

(1) The Provider renders its services with the diligence of a prudent businessperson and strives for high availability of the software. Maintenance work will, where possible, be announced in advance and scheduled during low-usage periods.

(2) Support is provided via the chat integrated in the software and by email.

Section 5 Prices; Billing; Default of Payment

(1) The plans agreed upon conclusion of the contract apply. Billing is monthly in advance; usage-based components, where agreed, are billed in arrears.

(2) All prices are net prices plus statutory VAT. For customers in other EU member states, tax liability shifts to the customer under the reverse-charge mechanism; the Customer is obliged to provide a valid VAT identification number.

(3) Payment is processed via the payment providers Stripe and Mollie.

(4) If the Customer is in default of payment, the Provider may suspend access after an unsuccessful reminder with a 14-day deadline. The claim to remuneration remains unaffected by the suspension. Further statutory rights remain reserved.

Section 6 Money-Back Guarantee

If the Customer terminates within 30 days of the initial conclusion of the contract, the Provider shall, upon request, refund the base fee paid for the first month in full. The guarantee applies once per customer and does not cover usage-based third-party charges already incurred on the Customer's behalf.

Section 7 Customer Obligations; Anti-Spam

(1) The Customer may use the software to send emails only to recipients who have validly consented to receiving them or for whom another legal basis exists. In particular, the Customer shall ensure compliance with Art. 6 GDPR, Section 7(2) no. 2 of the German Act against Unfair Competition (UWG) (or the corresponding provisions at the recipient's location, e.g. the CAN-SPAM Act) and shall keep verifiable records of consents (recommended: double opt-in).

(2) Sending to purchased, rented or publicly harvested address lists is prohibited.

(3) The Provider is entitled to suspend sending or the account, in whole or in part, with immediate effect if there are concrete indications of a breach of paragraph 1 or 2, in particular in the case of conspicuous bounce or complaint rates, blacklist entries, or complaints from recipients or mailbox providers. The Provider shall inform the Customer without undue delay of the suspension and its reasons.

(4) The Customer shall indemnify the Provider against all third-party claims based on a breach of its obligations under paragraphs 1 and 2, including the reasonable costs of legal defence.

(5) Where the Customer exports contact data from the software or transmits it via interfaces to third parties, in particular to advertising networks (e.g. Meta Custom Audiences, Google Customer Match), the Customer is solely responsible for the lawfulness of such transfer. The Provider points out that, according to the German data protection supervisory authorities and case law (Bavarian Higher Administrative Court, decision of 26 September 2018), such a transfer is permitted only on the basis of a separate, documented consent of the data subjects. Neither a newsletter consent nor an existing customer relationship is sufficient for this purpose. Paragraph 4 applies accordingly.

Section 7a Meta Integrations (Facebook, Instagram)

(1) The Customer may connect its own Meta business account (ad accounts, Facebook Pages, lead forms) to the software in order to (a) sync recipient segments as customer lists (Customer List Custom Audiences) to its ad account, (b) automatically transfer contacts obtained via Meta lead forms ("Lead Ads") into the software and (c) transmit purchase and sign-up events to its Meta dataset via the Meta Conversions API. Use of these features is optional. The Customer concludes the agreements on the use of Meta products directly with Meta Platforms Ireland Limited or the competent Meta company ("Meta"); the Provider is not a party to these agreements.

(2) The Customer is obliged to accept and comply with the terms and policies of Meta applicable to its use, in particular the Meta Terms of Service, the Meta Commercial Terms, the Self-Serve Ads Terms, the Meta Advertising Standards, the Customer List Custom Audiences Terms (including the Data Processing Terms referenced therein), the Lead Ad Terms, the Meta Business Tools Terms (including the Data Processing Terms and the Controller Addendum referenced therein) and, where applicable, the Meta Platform Terms and Developer Policies, in each case as amended from time to time.

(3) The Customer authorises the Provider to act as its agent and, in its name, to transmit customer lists and events to its ad account or dataset and to retrieve lead data from its lead forms via Meta's interfaces. In doing so, the Provider acts exclusively on behalf of and on the instructions of the Customer (Annex 1) and does not use data obtained via Meta for its own purposes or for the purposes of other customers.

(4) The Customer may process data obtained via Meta's interfaces, in particular lead data, only in accordance with the terms referred to in paragraph 2 and applicable law. In particular, the Customer shall not sell such data, use it to discriminate, to make eligibility decisions (e.g. on housing, employment, insurance or credit) or for surveillance, and shall not build or augment user profiles from it without the consent of the persons concerned. The Customer may use lead data for purposes other than the purpose stated in the lead form only with the required consent; sending promotional emails to leads requires prior express consent (Section 7(2) no. 2 UWG), which the Customer must be able to demonstrate (Art. 7(1) GDPR). The Customer shall ensure that its lead forms contain all legally required information, in particular a link to its privacy policy, and that they do not collect special categories of personal data (Art. 9 GDPR). Before activating the Conversions API, the Customer shall ensure that a legal basis exists for the transfer of event data to Meta, in particular, where required, the consent of the persons concerned (Art. 6(1)(a) GDPR) and, where information is stored in or read from end devices, consent pursuant to Section 25(1) TDDDG. The Customer shall inform the persons concerned of the transfer and of its joint controllership with Meta (Art. 26 GDPR) and shall not configure any events whose names or content reveal special categories of personal data or other sensitive information. Section 7(1) and (5) remain unaffected.

(5) The Provider is entitled to provide Meta, upon Meta's request, with the names and contact details of the customers who use the Meta integrations. The Provider shall forward to the Customer without undue delay any communication from Meta concerning requests of data subjects relating to the Customer's data obtained via Meta.

(6) The Provider may suspend the Meta integrations for a customer in whole or in part if Meta requests this or if there are concrete indications of a breach of paragraph 2 or 4; Section 7(3), second sentence, applies accordingly. The availability of the Meta integrations depends on Meta's interfaces and decisions; if Meta modifies, restricts or discontinues its interfaces, the Provider may adapt or discontinue the integrations accordingly.

(7) If the Customer disconnects the integration or the contract ends, the Provider deletes the access tokens without undue delay and the account information obtained via Meta within 30 days; in all other respects Annex 1 applies. Lead data already transferred into the software is data of the Customer and is treated like its other contact data.

(8) Section 7(4) applies accordingly to third-party claims, including claims by Meta, based on a breach by the Customer of paragraph 2 or 4.

Section 8 AI-Generated Content; Roles under the EU AI Act

(1) With regard to content generated with the software, the Customer is the deployer within the meaning of Art. 3 no. 4 of Regulation (EU) 2024/1689 ("AI Act"), as it uses the generative features under its own responsibility. The Customer alone decides whether and how to use these features and whether to publish and distribute the results. The Customer is responsible for fulfilling the deployer obligations under Art. 50(4) AI Act, in particular the visible disclosure that image, audio or video content constituting a deepfake has been artificially generated or manipulated, and – where applicable – the disclosure for published texts that inform the public on matters of public interest. The Provider makes suitable labelling features available for this purpose; if the Customer deactivates the visible labelling, the Customer bears sole responsibility for fulfilling its obligations under Art. 50(4) AI Act.

(2) The Provider fulfils the provider obligations incumbent on it under Art. 50(1), (2) and (5) AI Act. In particular, it ensures that synthetic content generated with the software is marked in a machine-readable format and detectable as artificially generated or manipulated (Art. 50(2) AI Act); this machine-readable marking is independent of the Customer's settings and cannot be deactivated.

(3) All rights of use in the content generated by the Customer with the software vest in the Customer, to the extent such rights exist.

(4) AI-generated outputs may be inaccurate, incomplete or misleading. The Customer is obliged to review generated content before publication or sending. The Provider gives no warranty as to the substantive accuracy of generated content.

Section 9 Rights of Use in the Software

For the term of the contract, the Customer receives the non-exclusive, non-transferable right to use the software for its own business purposes. Making the software available to third parties, subletting it, or reverse engineering are prohibited except where mandatorily permitted by law.

Section 10 Data Protection

Where the Provider processes personal data on behalf of the Customer (in particular data of the Customer's email recipients), the Data Processing Agreement pursuant to Art. 28 GDPR (Annex 1), which forms part of this contract, applies. In the event of conflicts between these Terms and Annex 1, Annex 1 prevails in data protection matters.

Section 11 Confidentiality

The parties shall keep secret all information of the other party that is marked as confidential or is recognisably confidential and shall use it only for the performance of the contract. This obligation continues for three years after the end of the contract.

Section 12 Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, for damages arising from injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee assumed.

(2) In the event of a slightly negligent breach of material contractual obligations – i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely – liability is limited to the foreseeable damage typical for this type of contract. The parties assume that this corresponds to the sum of the fees paid by the Customer in the twelve months preceding the damaging event.

(3) In all other respects, liability for slight negligence is excluded.

(4) In the event of data loss, the Provider is liable only for the effort required for recovery had the Provider performed proper and regular data backups.

(5) Strict liability for initial defects pursuant to Section 536a(1), first alternative, BGB is excluded.

Section 13 Term; Termination

(1) The contract runs for an indefinite period and may be terminated by either party with effect from the end of the current monthly billing period, in text form or via the account settings.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular in the case of repeated or serious breaches of Section 7.

(3) After the end of the contract, the Customer's data will be deleted in accordance with Annex 1.

Section 14 Case Study; References

(1) When setting up its account, the Customer may optionally participate in the Provider's case study programme. In return for the agreed discount, the participating Customer grants the Provider the right to use (a) the Customer's name, brand and logo, (b) a review written by the Customer, and (c) aggregated campaign metrics of the Customer (e.g. revenue and open rates), without limitation in time or territory, for advertising and reference purposes, in particular on the Provider's website and in its marketing materials.

(2) The Customer may end its participation at any time with effect for the future in text form. In that case, the discount ceases as of the following billing period, and the Provider shall remove the name, logo, review and metrics from its currently used marketing materials within 30 days; materials already printed or archived remain unaffected.

(3) Non-participating customers will not be named as references.

Section 15 Amendments to these Terms

The Provider may amend these Terms with effect for the future where this is necessary due to changed legal, technical or economic circumstances and reasonable for the Customer. Amendments will be announced in text form at least 30 days before taking effect. If the Customer does not object before the effective date or continues to use the software thereafter, the amendments are deemed accepted; this will be pointed out separately in the announcement. In the event of an objection, either party may terminate the contract with effect from the effective date. Price changes are not covered by this clause and require the Customer's consent or termination pursuant to Section 13.

Section 16 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Berlin. The Provider is also entitled to sue the Customer at the Customer's general place of jurisdiction.

(3) The contract language is German; in the event of discrepancies between the German version and a translation, the German version prevails.

(4) Should individual provisions be invalid, the remainder of the contract remains in effect.