Legal

Certain features within Mailchimp are offered as add-ons to your Mailchimp account. Some add-ons have additional terms or restrictions (“Additional Terms”) associated with them. Additional Terms for each of the add-ons can be found below, and Mailchimp Members agree to the applicable Additional Terms at the time they choose to add the corresponding add-on feature.

For App Marketplace

Welcome to the Mailchimp App Marketplace. The Mailchimp App Marketplace (this “App Marketplace”) is an online marketplace for cloud and downloadable templates, documentation, information, software applications (“Apps”), plugins and related extensions (“Marketplace Offerings”) that are designed to interoperate with the Services.

Use of this App Marketplace is governed by these Mailchimp App Marketplace Terms (the “Marketplace Terms”), which form a legally binding agreement between you and Mailchimp (“Mailchimp,” “we,” or “us”), and which form part of, and are hereby incorporated by reference into, the Mailchimp Standard Terms of Use.

By placing an Order for an App or a Marketplace Offering, or accessing or using this App Marketplace, you indicate your assent to be bound by these Marketplace Terms. If you do not agree to these Marketplace Terms, do not place an Order or use or access the App Marketplace.

Part A: Introduction

1. Who are You? Because all Marketplace Offerings available through this App Marketplace are designed for use with the Services, in these Marketplace Terms, “you” refers to the Mailchimp customer (e.g., person or entity) who holds a license or subscription to the Services with which the Offering will be enabled or used. You are fully responsible for compliance with these Marketplace Terms for anyone using the App Marketplace or placing Orders on your behalf. Any person using the App Marketplace or placing an Order on behalf of a Mailchimp customer binds that Mailchimp customer to these Marketplace Terms. These Marketplace Terms also apply to you if you are browsing the App Marketplace or leaving a review.

2. Types of Marketplace Offerings. Some Marketplace Offerings are made available at no charge, and others require payment of fees. The listing for each Offering will identify the provider of the Offering (“Vendor”), which may be Mailchimp or a third party. Marketplace Offerings for which Mailchimp is the Vendor are “Mailchimp Offerings,” and Marketplace Offerings for which the Vendor is a third party are “Third-Party Apps”. Most Vendors are third parties, who create, own and are responsible for their own Marketplace Offerings as further described in these Marketplace Terms. In all cases, you may only use Marketplace Offerings with the Services with which they are designed to be used (as identified in the Marketplace Offering’s listing).

3. Finding Marketplace Offerings and Placing Orders. We want it to be easy to find great Marketplace Offerings throughout your Mailchimp experience. Therefore, the “Mailchimp App Marketplace” includes this page www.mailchimp.com/marketplace and any other webpage, application, interface, service, or in-product experience at which we make available or list Marketplace Offerings. Likewise, when we refer to “Orders”, that includes any order, purchase, installation, trial, download or enablement of an Offering (including renewals and upgrades), whether through the Mailchimp App Marketplace, Services or other processes or interfaces we make available. All these Orders are subject to these Marketplace Terms.

4. Marketplace Policies. Your Orders and use of the App Marketplace are also subject to Mailchimp’s posted Terms and Conditions, as may be modified from time to time, which are incorporated into these Marketplace Terms.

Part B: Your Orders

1. Order Details. Your Order will identify the Vendor, your authorized scope of use of the Offering (such as the platform, plan, service, number of seats, etc.) and license or subscription term, as applicable. Some Marketplace Offerings may only be accessible depending on the Services or plan for which you are subscribed. Once you complete your Order, Mailchimp will provide with you access to the applicable Marketplace Offering, including any relevant license or access keys, as described in the Marketplace Offering listing.

2. Paid Marketplace Offerings. To receive access to paid Marketplace Offerings, you must pay Mailchimp the fees, including all taxes, indicated at the time of your Order. Terms for renewals, including pricing, will be described within the Offering’s listing on the App Marketplace (or if different, your Order). You can disable renewals by accessing your Account or as otherwise notified to you (but you will not receive any refunds except as described in Part B, Section 3). For any Third-Party App, you acknowledge and agree that Mailchimp is the Vendor’s commercial agent and that you are required to make any related payments directly to Mailchimp (and your sales contract with Mailchimp includes these Marketplace Terms and the applicable Order). However, after you complete your Order, your usage of any Third-Party Apps will be governed by the applicable Vendor Terms, as described in Part C.

Note: this Part B, Section 2 does not apply to Paid-via-Vendor Apps (see Section Part B Section 5 below).

3. Return Policy. Returns and refunds of Mailchimp Offerings are governed by the Standard Terms of Use. Except as expressly provided in this Part B, Section 3, all Orders are non-cancelable and non-refundable.

Note: this Part B, Section 3 does not apply to Paid-via-Vendor Apps (see Part B, Section 5 below).

4. Trial Periods. The App Marketplace may offer free trial periods for Marketplace Offerings. After expiration of the trial period, if you do not place an Order for the Marketplace Offering, the Offering will cease to function, and you must cease using and delete your copies of the Offering and any related license or access keys.

5. Paid-via-Vendor Apps. While most Marketplace Offerings are provisioned by Mailchimp as described in Part A, some Third-Party Apps may be enabled or paid for through a third-party Vendor’s own website (“Paid-via-Vendor Apps”). Paid-via-Vendor Apps will be identified in their listings or when you enable or pay for the Offering. Part B, Section 2 (Paid Marketplace Offerings) and Part B, Section 3 (Return Policy) does not apply to Paid-via-Vendor Apps and returns, if any, would be governed by the applicable Vendor Terms.

Part C: Use of Marketplace Offerings

1. Vendor Terms. Without limiting the disclaimers, restrictions or other provisions in these Marketplace Terms, usage of Marketplace Offerings is subject to the license, plan or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”). Vendor Terms are typically included on the Offering’s listing page or presented through the Order process. You may not use an Offering if you do not agree to the relevant Vendor Terms.

(i) Third-Party Apps. Third-Party Apps are subject to the third party’s Vendor Terms, not the Standard Terms of Use. By ordering, installing, or enabling any Third-Party App, you are entering into the Vendor Terms directly with the applicable third-party Vendor. Mailchimp is not a party to, or responsible for compliance with, any third-party Vendor Terms, and does not guarantee any third-party Vendor Terms are adequate for your own needs. Please see Part D (Data Collection and Sharing) for additional information about how third-party Vendors use your data. For the avoidance of doubt, by ordering, installing, or enabling any Third-Party App through the App Marketplace, you are subject to Mailchimp’s Standard Terms of Use.

(ii) Mailchimp Apps. If Mailchimp is the Vendor of the Offering, the Vendor Terms are the Standard Terms of Use, including any Mailchimp terms that govern the Services with which the Offering is enabled or used and as may be modified from time to time. The Standard Terms of Use include the Mailchimp Privacy Policy. In event of a conflict between these Marketplace Terms and the Standard Terms of Use, the Standard Terms of Use will control as to each party’s rights and responsibilities related to the Offering itself, while these Marketplace Terms will control as to the App Marketplace generally. In cases where the Marketplace Terms do not address specific provisions included in the Standard Terms of Use, the Standard Terms of Use will apply, supplementing the Marketplace Terms.

2. Support and Maintenance. Any support and maintenance of Third-Party Apps will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Mailchimp is not responsible for any support and maintenance for Third-Party Apps, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If Mailchimp is the Vendor, we will provide any support and maintenance in accordance with the Standard Terms of Use.

3. Reservation of Rights. Except for the rights explicitly granted to you in these Marketplace Terms and in the Vendor Terms for each Offering, all right, title and interest (including intellectual property rights) in the App Marketplace are reserved by Mailchimp, and all right, title, and interest (including intellectual property rights) in the Marketplace Offerings are reserved and retained by their respective Vendors and licensors. Marketplace Offerings are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the App Marketplace or the Marketplace Offerings.

Part D: Data Collection and Sharing

1. Third Party Vendor Use of Data. As referenced in the Standard Terms of Use, if you place an Order for Third-Party Apps, you may authorize Vendors to access or use certain data in the applicable Services. This may include transmitting, transferring, modifying, or deleting such data, or storing such data on Vendor or third-party systems. Any third-party Vendor’s use of accessed data (whether data in the Services or separately collected from you or your device) is subject to the applicable Vendor Terms. MAILCHIMP IS NOT RESPONSIBLE FOR ANY ACCESS, USE, TRANSFER OR SECURITY OF DATA OR INFORMATION BY THIRD PARTY VENDORS OR BY THIRD-PARTY APPS, OR FOR THE SECURITY OR PRIVACY PRACTICES OF ANY THIRD-PARTY VENDOR, THIRD-PARTY APP OR THEIR PROCESSORS. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO PERMIT ANY THIRD-PARTY VENDOR OR THIRD-PARTY APP TO ACCESS OR USE DATA TO WHICH YOU’VE GRANTED ACCESS. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THE VENDOR TERMS, AS PROVIDED BY THE APPLICABLE THIRD-PARTY VENDOR.

2. Mailchimp Use of Data. Any data that Mailchimp collects from you based on your use of the App Marketplace and Apps, and your Orders is subject to our Privacy Policy.

Part E: Reviews of Marketplace Offerings

The App Marketplace may allow users to post reviews (e.g., a star rating) of Marketplace Offerings and to post comments on your or other users’ reviews.

1. Usernames Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Mailchimp account). Users who do not want their names or other profile information to appear may not post reviews or comments on the App Marketplace.

2. Rules for Reviews. All reviews and comments must comply with Mailchimp’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:

• Reviews must be made in good faith after reasonable evaluation of the relevant Offering.
• You (including anyone acting on your behalf) may not review or comment on your own Offering, an Offering owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Offering listing.
• A Review must evaluate the Offering itself and not be an evaluation of the underlying product with which the Offering integrates or functions.
• Reviews or comments unrelated to the relevant Offering are prohibited – for example, discussing Mailchimp’s employees, business, or those of other companies, or unrelated products or services.

3. Mailchimp Rights. Mailchimp reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the App Marketplace. Mailchimp does not claim ownership of the content of reviews or comments you post on the App Marketplace. However, you hereby grant Mailchimp a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform, and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.

Part F: Your Responsibilities

1. Representations and Warranties. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority (i) to enter into and be legally bound by these Marketplace Terms, (ii) to place any Orders, and (iii) and to authorize Vendors to access and use your data and information as described in Part D, all without violation of any other agreements or policies.

2. Compliance with Law and Reservation of Rights. You must use the App Marketplace and Marketplace Offerings in compliance with all applicable laws.

3. Indemnification. You agree to indemnify, defend (at Mailchimp’s request) and hold Mailchimp, its affiliates, and its and their officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of these Marketplace Terms or the applicable Vendor Terms, your violation of any rights of a third party, or any content you submit to or publish on the App Marketplace. You may not settle any such claim without Mailchimp’s prior written consent.

Part G: Term and termination

1. For Cause. Your rights hereunder will automatically terminate upon your failure to comply with any of the provisions in these Marketplace Terms. In case of such termination, you must cease all use of the App Marketplace, and Mailchimp may immediately revoke your access to the App Marketplace without notice to you and without refund of any purchases.

2. Modifications, Amendments and Termination. Mailchimp may modify, change, or terminate these Marketplace Terms at any time. Any modifications or changes will be effective immediately and apply to your continued use of the preferences center. Your use of the App Marketplace after any change or amendment means you agree to the new Marketplace Terms. If you do not agree to the new Marketplace Terms or if we terminate these Marketplace Terms, you must stop using the App Marketplace.

3. Effect on Marketplace Offerings. If these Marketplace Terms terminate, your rights to use any previously obtained Marketplace Offerings will survive in accordance with the applicable Vendor Terms.

4. Survival. The following Sections will survive any termination or expiration of these Marketplace Terms: Part C, Section 1(ii) (Standard Terms of Use) (if applicable for continued use of Mailchimp Offerings), Part C, Section 3 (Reservation of Rights), Part D (Data Collection and Sharing), Part E, Section 3 (Mailchimp Rights) and Part F (Your Responsibilities) through Part H (Limitation of Liability).

Part H: Important Disclaimers and Limitations of Liability

1. Third-Party Apps. A significant portion of the Marketplace Offerings in the App Marketplace are provided by parties other than Mailchimp. Third party Vendors are solely responsible for their Marketplace Offerings and any related content or materials included in their Marketplace Offerings. MAILCHIMP HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY THIRD-PARTY APPS, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, DATA HANDLING, DATA PROCESSING, COMPLETENESS, USEFULNESS OR QUALITY, EVEN IF MAILCHIMP IS HOSTING SUCH OFFERING. THESE DISCLAIMERS APPLY EVEN IF AN OFFERING COMPLIES WITH MAILCHIMP’S GUIDELINES FOR THIRD-PARTY APPS (IF ANY), AND EVEN IF MAILCHIMP HAS REVIEWED, CERTIFIED, OR APPROVED THE THIRD-PARTY APP OR THE VENDOR PARTICIPATES IN ANY ONE OF MAILCHIMP’S APP PROGRAMS (“APP PROGRAMS”). ANY USE OF THIRD-PARTY APPS IS AT YOUR SOLE DISCRETION AND RISK. VENDORS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INFORMATION THEY SUBMIT IN CONNECTION WITH ANY APP PROGRAM IS ACCURATE, COMPLETE AND CORRECT, AND MAILCHIMP IS NOT RESPONSIBLE FOR THE STANDARDS OR BUSINESS PRACTICES OF ANY THIRD PARTY VENDOR (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE), EVEN IF THE VENDOR PARTICIPATES IN AN APP PROGRAM. YOU SHOULD ALWAYS INDEPENDENTLY VERIFY THAT ANY THIRD-PARTY APPS OR VENDOR BUSINESS PRACTICES MEET YOUR NEEDS. In addition, Mailchimp is not responsible for any third-party websites to which the App Marketplace links or their Marketplace Terms or privacy policies. You should use your discretion when visiting third party websites.

2. Removal of Marketplace Offerings. At any time, Mailchimp may remove an Offering from the App Marketplace in accordance with its applicable policies, and Vendors may also update, modify, or remove their own Marketplace Offerings at any time.

3. Interoperability. Mailchimp makes no guarantee that any Marketplace Offering will work properly with the Services or that any Marketplace Offering will continue to work with the Services as they change over time. Some Marketplace Offerings rely on hosted or cloud services provided by the Vendor or third parties, and these Marketplace Offerings may not function properly or may become inoperable if those services are discontinued.

4. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILCHIMP OFFERS THE APP MARKETPLACE AND ALL THIRD-PARTY APPS “AS IS” AND “AS AVAILABLE”, AND MAILCHIMP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE MAILCHIMP APP MARKETPLACE OR THESE MARKETPLACE TERMS. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DURATION OF ANY STATUTORY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAILCHIMP BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LIABILITY RELATED TO THE MAILCHIMP APP MARKETPLACE OR ANY THIRD-PARTY APPS, INCLUDING FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR COSTS OF DELAY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW FOR ANY REASON, IN NO EVENT WILL MAILCHIMP’S AGGREGATE LIABILITY TO YOU UNDER THESE MARKETPLACE TERMS EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO MAILCHIMP FOR THE THIRD-PARTY APP RELATED TO YOUR CLAIM, OR (2) FIFTY DOLLARS (US$50).

6. Disclaimers and Limitations of Liability for Mailchimp Offerings. Part H, Sections 4 (Disclaimer of Warranties) and 5 (Limitations of Liability) do not alter the disclaimers or limitations of liability for Mailchimp Offerings in the Standard Terms of Use, which continue to fully apply.

7. Basis of Bargain; Failure of Essential Purpose. Mailchimp entered into these Marketplace Terms relying on the limitations of liability, disclaimers of warranty and other provisions relating to allocation of risk herein, and you agree that such provisions are an essential basis of the bargain between the parties. You agree that the waivers and limitations specified in this Part H apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Marketplace Terms is found to have failed of its essential purpose.

8. Mailchimp Affiliates and Contractors. You acknowledge and agree that Mailchimp’s affiliates, contractors and service providers may exercise all rights of Mailchimp under these Marketplace Terms, and that all limitations of liability and disclaimers in these Marketplace Terms apply fully to and benefit Mailchimp’s affiliates.

Effective June 10, 2021

For Connected Sites

These Additional Terms apply to any Mailchimp account that has a website or store (“Connected Site”) connected to their Mailchimp account.

Please read these Additional Terms carefully before adding, connecting, or re-authorizing a Connected Site. By clicking “Accept” within the Mailchimp application and continuing to connect your Connected Site to Mailchimp you are agreeing to these Additional Terms.

When you connect your Connected Site with Mailchimp, you agree that Mailchimp may automatically install a JavaScript tracking snippet on your Connected Site at the time of connection and/or re-authorization. This snippet is necessary to enable several of Mailchimp’s powerful e-commerce automations and advertising features. Some of these automations and features work by allowing you to track the activity of your subscribed contacts’ on your Connected Site through the use of cookies or similar technologies, such as pixels. The JavaScript snippet will allow cookies, pixels, and other technologies to be set by your Connected Site, giving you full access to the automations, features, and functionality offered by Mailchimp. The specific cookies, pixels, or other technologies that will be set on your Connected Site will depend on the particular automations and features within Mailchimp that you choose to use. The following automations and features are enabled by the Javascript snippet:

• Product Retargeting Emails: the Javascript snippet will allow your Connected Site to deploy a Mailchimp cookie on a subscriber’s device when the subscriber clicks a link within a product retargeting email. This cookie tracks attribution rates and browser activity, allowing Mailchimp to provide you with reporting on the success of your product retargeting emails.
• Google Remarketing Ads: the Javascript snippet will install a Google tracking pixel on your Connected Site and will allow your Connected Site to deploy a Mailchimp cookie that recognizes visitors to your Connected Site from the remarketing ads you place. These technologies facilitate remarketing ad placement and reporting on the performance of your advertising campaigns. Further information can be found in the Additional Terms of Use for Google Ads Through Mailchimp, which must be agreed to before placing a Google remarketing ad.
• Facebook Remarketing Ads: the Javascript snippet will install a Facebook pixel on your Connected Site. These technologies facilitate remarketing ad placement and reporting on the performance of your advertising campaigns on Facebook and Instagram. Further information can be found in the Additional Terms of Use for Facebook and Instagram Ad Buying Through Mailchimp, which must be agreed to before placing a Facebook remarketing ad.
• Popup Forms: the Javascript snippet will allow your Connected Site to deploy a Mailchimp cookie that recognizes whether a visitor to your Connected Site has previously viewed your popup form and ensures the same visitor does not see your form again for a period of up to one year.

It is your responsibility to understand how your use of the available e-commerce automations and features will impact your Connected Site, including whether a particular e-commerce automation or feature will cause your Connected Site to deploy any tracking technologies. You can visit Mailchimp’s Cookie Statement at any time for a description of the cookies and tracking technologies that can be employed by a Mailchimp user through the use of Mailchimp (see the Section entitled “Cookies served through the Services”).

If you choose to enable automations or features that rely on the JavaScript snippet once your Connected Site is connected, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, pixels, and other similar technologies, and to transfer information related to this tracking to Mailchimp, and (2) your Connected Site adequately discloses your tracking practices and use of cookies, pixels, and similar technologies in a Privacy Policy, Cookie Statement, or other disclosure.

In addition to the above, you also understand and agree:

1. Mailchimp may modify, change, or discontinue the ability to integrate Connected Sites with your Mailchimp account at any time.
2. Mailchimp may refuse service or limit, suspend, or terminate your use of Connected Sites integrations at any time, with or without cause.
3. You may discontinue your use of Connected Site integrations at any time by disconnecting your Connected Site from your Mailchimp account and removing the Mailchimp integration from your Connected Site or e-commerce platform. When you disconnect your Connected Site from your Mailchimp account, any information obtained by the cookies, pixels, or similar technologies set by the Javascript tracking snippet on your Connected Site will no longer be received by Mailchimp.
4. Mailchimp may modify or change these Additional Terms from time-to-time. When we change these Additional Terms, we will post the revised Additional Terms here (www.mailchimp.com/legal/additional-terms). For this reason, you should review these Additional Terms often. Any changes will be effective immediately and will apply to your continued use of Connected Site integrations with your Mailchimp account.
5. To continue enabling the automations and features that you have chosen to turn on, Mailchimp may need to modify or change the code within the JavaScript snippet installed on your Connected Site in the future. These modifications or changes may cause your Connected Site to deploy additional tracking technologies, or result in the deletion of cookies, pixels, or similar technologies being set by your Connected Site.

If you have a Shopify Connected Site, you further understand and agree:

1. As between Shopify and Mailchimp only, Mailchimp is solely responsible for the Service offered by Mailchimp (as defined in our Standard Terms of Use), and Shopify is not liable for any fault in the Service or any harm that may result from installation or use of the Service.
2. Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the Service.
3. As between Shopify and Mailchimp only, Mailchimp is solely responsible for any liability which may arise from your access to or use of the Service, including: (A) the development, use, marketing or distribution of or access to the Service, including support of the Service; or (B) Mailchimp’s own access, use, distribution or storage of information relating to you or your Shopify store.

These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use continue to apply once you have connected your Connected Site to your Mailchimp account. The ability to connect a Connected Site is considered part of the Service offered by Mailchimp.

Effective May 28, 2021

For Custom Fonts

Please read these Additional Terms carefully before uploading a custom font to your Mailchimp account. By clicking “Upload Font” within the Mailchimp application, you are agreeing to these Additional Terms.

By uploading a custom font, you represent and warrant that that you own or have all rights and licenses necessary to use, and sublicense to Mailchimp the right to use, the typeface and font software for your custom font in connection with the Mailchimp App for purposes of creating and sending your Campaigns. Pursuant to Section 24 of Mailchimp’s Standard Terms of Use, you agree to indemnify and hold Mailchimp harmless from any losses arising directly or indirectly from a breach of the forgoing representation and warranty.

Effective September 1, 2020

For Domains

Welcome to Domains! “Domains” is a service that allows you to quickly and easily buy and register a custom domain or transfer a domain to Mailchimp all from within your Mailchimp account.

Please read these Additional Terms carefully. These Additional Terms apply to your use of Domains. This is a legal agreement. By checking the box and continuing to use Domains, you are agreeing to these Additional Terms. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which also apply to your use of Domains.

Domains is part of the Service and your use of Domains is considered part of your use of Mailchimp. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use. If you have any questions about any of our terms, feel free to contact us.

Part A. Important Things for You to Know

1. Mailchimp may modify, suspend or discontinue Domains. Mailchimp may limit, suspend, or terminate your access to Domains at any time. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation.

2. Mailchimp may modify or change these Additional Terms from time to time. If we modify or change these Additional Terms in a material way, we will provide you notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of Domains.

3. We offer HTTPS encryption for your domain. By purchasing a domain, you allow us to maintain a certificate in order to provide HTTPS for your domain.

4. If you’ve purchased a domain, you can build and create a Website.

5. We do not offer domain registration services for users in Russia and Ukraine at this time.

Part B: Domain Registration

1. Mailchimp is selling domains through a third-party registrar. As such, Mailchimp is a “Reseller” and you, the purchaser of a domain, are a “Registrant”. The third-party registrar that we use is Tucows Inc. (the “Registrar”). When you register, purchase, renew, or transfer a domain through Mailchimp, you agree to be bound by the Registrar’s terms of service as the “Registrant” thereunder, in addition to these Additional Terms. A breach of the Registrar’s terms of service is a breach of these Additional Terms.

2. As a Registrant, you are subject to the policies and procedures set forth by the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN governs the relationship between the Registrar and the Registrant. The rights and responsibilities you have when you purchase a domain are located here. ICANN also provides helpful educational information for Registrants here.

3. We are not responsible for the Registrar’s or ICANN’s actions or links as a third-party service.

4. When you purchase a domain, you must provide certain personal information for registration. This registration information will be shared with our Registrar and the relevant authoritative registry services provider for your domain as set forth in the Registrar’s terms of service. We will process personal information in accordance with our Privacy Policy and as required to comply with applicable laws and regulations, including those set forth by ICANN.

5. As the Mailchimp account holder, you will remain the Registrant and contact on record for your domain. You will ensure that your contact information is accurate and up to date at all times. As the Registrant, you are responsible for resolving any problems associated with your domain.

6. If there is an ownership dispute of a domain, we reserve the right to determine the rightful owner. We may suspend any account associated with a dispute.

Part C: Payment

1. Domains is an add-on to your Mailchimp plan and will be billed as such (please see Section 12 of our Standard Terms of Use for more information regarding add-ons). Our fees for domains are set forth here. We will bill you prior to your domain’s annual renewal.

2. To provide uninterrupted service, we will automatically renew your domain unless you opt out of automatic renewal. If you would like to disable automatic renewal after purchasing a domain, please contact customer support. We or the Registrar will email you notices thirty (30) days and five (5) days prior to your domain’s renewal date as well as three (3) days after your domain expires. If you do not pay the renewal fees, your domain registration will expire and we may unpublish your Website.

3. Please keep your billing information up to date at all times to avoid any registration problems. If there is a billing dispute, you must resolve the dispute before expiration of the domain, or else your domain registration will expire and we may unpublish your Website.

4. You acknowledge and agree that your rights and interest in a domain cease upon non-payment and expiration of your domain.

5. You may transfer your domain to another reseller by contacting customer support. However, you may not transfer your domain within the first sixty (60) days following the registration of your domain. We will not provide you any refund if you decide to transfer your domain.

6. Upon termination of your Mailchimp account, any domain purchased through Mailchimp will no longer automatically renew. As such, it will be your responsibility to transfer your domain prior to cancelling your Mailchimp account. If you fail to transfer your domain prior to termination of your account, you will not be able to access your Website and your domain will expire.

Part D: Liability

1. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including Domains, is suitable for you in light of such laws, rules, and regulations.

2. We cannot guarantee the security of every data transmission over the internet.

3. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of Domains or from a third party’s use of your domain.

Effective April 7, 2020

For Email Services

Welcome to Email Services! “Email Services” allow you to get an email address to match your domain. Mailchimp currently offers two Email Services: “Email Forwarding,” which is a service that allows you to create a unique email address with your purchased custom domain that will forward email to your own personal email account, and “Google Workspace Integration,” which is an integration with Google Workspace that allows you to send and receive emails through a custom email address and Gmail inbox, and also includes access to other Google products, like Google Calendar.

Please read these Additional Terms carefully. These Additional Terms apply to your use of Email Services. This is a legal agreement. By continuing to use Email Services, you are agreeing to these Additional Terms. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which also apply to your use of Email Services.

Email Services is part of the Service and your use of Email Services is considered part of your use of Mailchimp. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use. If you have any questions about any of our terms, feel free to contact us.

Part A. Important Things for You to Know

1. Mailchimp may modify, suspend or discontinue Email Services at any time. Mailchimp may limit, suspend, or terminate your access to Email Services at any time. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation.
2. Mailchimp may modify or change these Additional Terms from time to time. If we modify or change these Additional Terms in a material way, we will provide you notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of Email Services.

Part B: Email Forwarding

1. We do not offer Email Forwarding for users in Russia and Ukraine at this time.
2. Email Forwarding is provided through our third-party Registrar, Tucows Inc. When you enable email forwarding through Mailchimp, you agree to be bound by Tucows’ Acceptable Use Policy, in addition to these Additional Terms and Mailchimp’s Acceptable Use Policy. A breach of the Tucows’ terms is a breach of these Additional Terms.
3. Tucows reserves the right at any time to change or discontinue any of its products. We are not responsible for Tucows’ actions or links as a third-party service.
4. By enabling Email Forwarding, you acknowledge and consent to your contact details being passed to and stored by each of Mailchimp and Tucows. This information will be processed by Mailchimp in accordance with our Privacy Policy.
5. Email Forwarding is available with a purchased domain. You must maintain an active domain with Mailchimp in order to use Email Forwarding. If you upgrade to the Google Workspace Integration, Email Forwarding will no longer be available.
6. We reserve the right to charge for Email Forwarding with prior written notice.

Part C. Google Workspace Integration

1. By using the Google Workspace Integration, you acknowledge that you have reviewed and agree to comply with Google’s Google Workspace Agreement (the “Google Workspace Agreement”), that you are the “Customer” under the Google Workspace Agreement, and that your purchase of the Google Workspace Integration through the Service constitutes an “Order Form” for purposes of the Google Workspace Agreement.
2. Google reserves the right at any time without notice to change or discontinue any of its products. We are not responsible for Google’s actions or links as a third-party service.
3. By enabling the Google Workspace Integration, you acknowledge and consent to your contact details being passed to and stored by each of Mailchimp and Google. This information will be processed by Mailchimp in accordance with our Privacy Policy. This information will be processed by Google in accordance with the Google Workspace Agreement and: (i) as required to execute any non-standard orders; (ii) for purposes related to the provisioning of Google’s product(s) to your account(s), including in relation to any product updates or security incidents; (iii) as required to ensure that you are notified of available options to maintain continuity in product provisioning; and (iv) to conduct customer service and satisfaction surveys.
4. For billing-related support for the Google Workspace Integration, please contact Mailchimp’s support team here. For all other support inquiries, please contact Google directly here.

Part D. Payment Terms

1. The Google Workspace Integration is an add-on to your Mailchimp account and will be billed as such (please see Section 12 of our Standard Terms of Use for more information regarding add-ons).
2. Pricing for the Google Workspace Integration subscription is available in-app at point of purchase. All prices included on this page are exclusive of applicable taxes.
3. When you sign up for the Google Workspace Integration (“Sign Up”), you will select an annual plan (“Annual Google Workspace Plan”) or monthly plan (“Monthly Google Workspace Plan”). When you sign up for a Monthly Google Workspace Plan or Annual Google Workspace Plan, you agree to monthly or annual recurring billing, as described in these Additional Terms. All fees paid are non-refundable.

4. If you select an Annual Google Workspace Plan:

   • You will be billed for the annual price for your Annual Google Workspace Plan in advance on your Sign Up date.
   • Your Annual Google Workspace Plan will automatically renew, and you will be billed, for successive Annual Google Workspace Plans on each anniversary of the Sign Up date thereafter unless and until you contact Mailchimp’s support team here and cancel your Annual Google Workspace Plan at least one (1) day prior to such one (1) year anniversary.

5. If you select a Monthly Google Workspace Plan:

   • If you have a Monthly Plan (as that term is defined in our Standard Terms of Use) and your Sign Up date is any day other than your Pay Date (as that term is defined in our Standard Terms of Use), you will be billed on your Sign Up date for a payment that is prorated based on the number of days between your Sign Up date and the first Pay Date following your Sign Up date (the “First Pay Date”), and then you will be billed for the monthly price for your Monthly Google Workspace Plan in advance on the First Pay Date; if your Sign Up date is the same day as your First Pay Date, you will be billed for the monthly price for your Monthly Google Workspace Plan in advance on that Pay Date.
   • If you have a Free Plan (as that term is defined in our Standard Terms of Use), you will be billed for the monthly price for your Monthly Google Workspace Plan in advance on your Sign Up date, and that date will constitute your “First Pay Date” for purposes of these Additional Terms. If you purchase a Monthly Plan at any time thereafter, we will adjust your billing to align your payment dates for your Monthly Google Workspace Plan with your Pay Date, and your first payment for your Monthly Google Workspace Plan after you purchase a Monthly Plan will be adjusted accordingly.
   • Your Monthly Google Workspace Plan will automatically renew, and you will be billed for successive Monthly Google Workspace Plans on each Pay Date thereafter unless and until you contact Mailchimp’s support team here and cancel your Monthly Google Workspace Plan at least one (1) day prior to such Pay Date.

6. Any purchase of an Annual Google Workspace Plan or Monthly Google Workspace Plan includes only one (1) seat (the “Included Seat”). You are able to purchase additional seats by contacting Mailchimp’s support team here, and any purchased additional seats will run concurrently in term (i.e., monthly or annual, depending on whether you purchased a Monthly Google Workspace Plan or Annual Google Workspace Plan) with the Included Seat (and any payment therefor will be prorated accordingly).

7. If your payment method fails at any time, we or Google may temporarily or permanently suspend your access to and the functionality of the Google Workspace Integration.
8. We may modify or change our fees and pricing structure for the Google Workspace Integration at any time.
9. No refunds will be granted for the Google Workspace Integration for any reason.
10. You agree to make all payments owed for your Google Workspace Integration in accordance with these Additional Terms and our Standard Terms of Use.

Part E: Use

You agree to use the Google Workspace Integration in accordance with Google’s Google Workspace Acceptable Use Policy. You also agree not to use Email Forwarding to:

1. send any content that is unlawful, harmful, threatening, abusive, vulgar, invasive of another’s privacy or otherwise objectionable;
2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content;
3. transmit any content that you do not have a right to make available;
4. transmit through Email Forwarding any junk email, viruses or bulk email;
5. allow your systems to serve as an open relay;
6. interfere with or disrupt the email services or any networks connected to Email Forwarding;
7. transmit obscene or pornographic material;
8. take any action that imposes an unreasonable or disproportionately large load on the Tucows’s infrastructure providing Email Forwarding;
9. impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity;
10. use Email Forwarding for any purpose that is in violation of any applicable law or is otherwise an infringement on the rights of any person or entity;
11. modify, decompile, reverse engineer, disassemble or reproduce any of the Tucows’ licensed or owned software, systems, applications or components used in providing Email Forwarding;
12. use deceptive, misleading or unethical practices that are or might be detrimental to Mailchimp, Tucows, or the general public; or
13. use the service in any way as otherwise prohibited by Tucows’ Acceptable Use Policy.

Part F: Liability

1. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including Email Services, is suitable for you in light of such laws, rules, and regulations.
2. We cannot guarantee the security of every data transmission over the internet.
3. Email Services are provided “as-is” with no warranty of any kind.
4. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of Email Services or from a third party’s use of your domain.

Effective November 19th, 2020

For Facebook and Instagram Ad Buying Through Mailchimp

Introduction

Welcome to Facebook and Instagram Ad Buying Through Mailchimp. Ad Buying Through Mailchimp allows you to quickly and easily create, purchase, and manage Facebook and Instagram advertisements (including Facebook remarketing ads) from within your Mailchimp account (collectively, the “Ad Buying Feature”).

Please read these Additional Terms carefully. This is a legal agreement, and by clicking “I Agree” below and continuing to use the Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Ad Buying Feature. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use also apply to your use of the Ad Buying Feature. The Ad Buying Feature is part of the Service and your use of the Ad Buying Feature is considered part of your use of Mailchimp. If you have questions about any of our terms, feel free to contact us.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our Standard Terms of Use.

Part A: Important Things for You to Know

1. Mailchimp may modify the Ad Buying Feature or discontinue its availability at any time.
2. Mailchimp may refuse service or limit, suspend, or terminate your access to the Ad Buying Feature at any time, with or without cause.
3. You may discontinue your use of the Ad Buying Feature at any time.
4. Mailchimp may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Ad Buying Feature.
5. The Ad Buying Feature allows you to create, purchase, and manage Facebook and Instagram ads, including Facebook remarketing ads, from your Mailchimp account. By using the Ad Buying Feature, you also agree to comply with Facebook’s Advertising Policies, Terms of Service, and Commercial Terms, and if your Site or Landing Page deploys the Facebook pixel, Business Tools Terms.
6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including the Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.
7. Facebook and Instagram are not affiliates, partners, agents, or representatives of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Facebook or Instagram.

Part B: Advertising Review and Compliance

Your use of the Ad Buying Feature, including the content of any ads you might create, is subject to review by both Facebook and Mailchimp and you agree to comply with the terms and policies of both companies.

If you do not comply with both Facebook’s Terms (including the Facebook Advertising Policies) and Mailchimp’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Facebook or Mailchimp; (2) we might, in our sole discretion, revoke your ability to use the Ad Buying Feature; and/or (3) we might suspend or terminate your Mailchimp account.

To use the Ad Buying Feature to create and place remarketing ads on Facebook or Instagram, your website or store must be connected to your Mailchimp account (“Site”), or you must create a landing page in your Mailchimp account (“Landing Page”). When you elect to enable the Facebook pixel on your Site or Landing Page or create your first Facebook ad that links to your Site or Landing Page, a Javascript snippet deployed on your Site or Landing Page will install a Facebook pixel on your Site or Landing Page. These tracking technologies facilitate the placement of your advertising campaigns on Facebook and Instagram and enable Mailchimp to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Site or Landing Page adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site or Landing Page in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site or Landing Page that information collected by these technologies may be transferred to Mailchimp and Facebook. By using the Ad Buying Feature, you are giving Mailchimp permission to install the Facebook pixel on your Site or Landing Page on your behalf.

Part C: Transfer of Data to Facebook

Certain options within the Ad Buying Feature, such as the custom audience option, allow you to pass data to Facebook. The data that may be transferred through use of the custom audience option consists of hashed values of email addresses. Only those emails addresses you expressly select will be hashed and passed to Facebook. If you elect to enable the Facebook pixel on your Site or Landing Page to enable Facebook remarketing ads, the Facebook pixel will enable Facebook to collect data on visitors to your Site or Landing Page for purposes of creating a custom audience (without transferring hashed values of email addresses) and serving the remarketing ads.

If you choose to pass data to Facebook, you represent and warrant that you have the right to use the data in such a manner and that you have secured permission from any individuals whose data will be hashed to transfer the data to Facebook. You further acknowledge and agree that you are the party transferring data to Facebook and that such data is being passed directly from you to Facebook.

Part D: Payment Terms

The Ad Buying Feature is an add-on to your Mailchimp account and will be billed as such (please see Section 12 of our Standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Ad Buying Feature, you will be asked to select a maximum budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety. Ads will then be placed by Facebook on your behalf according to the criteria you select using the Ad Buying Feature until your maximum budget is reached. In certain circumstances, however, your entire budget may not be exhausted. Any unused portion of your budget will be credited to your account as an “Ad Credit” and may be used toward the purchase of future advertising campaigns with the Ad Buying Feature. Ad Credits may not be used to purchase or pay for email campaigns or other Mailchimp add-ons or services, and are only valid for the purchase of services available through the Ad Buying Feature. Ad Credits do not expire.

If you violate these Additional Terms, Mailchimp’s Standard Terms of Use, or the Facebook Advertising Policies you will not receive a refund for any purchases you made through the Ad Buying Feature.

Updated May 30, 2019

Facebook Custom Audience Terms

Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences for advertising, you agree to the following:

• You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

• If you are providing Hashed Data on behalf of an advertiser, you represent and warrant that you have the authority as agent to the advertiser to disclose and use such data on their behalf and will bind the advertiser to these terms.

• You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.

• You instruct Facebook to use the Hashed Data for the matching process. Facebook will not share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook's systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Facebook's systems.

• Facebook will not give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.

• Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Facebook system at any time through your account tools.

• You may not use the custom audiences feature unless you are an advertiser (or an agency acting on behalf of an advertiser), Ads API or Custom Audiences API partner, a data partner uploading an audience on behalf of that advertiser, or have obtained express, written permission from Facebook.

• You may not sell or transfer your custom audiences, or authorize any third party to sell or transfer custom audiences. If you have entered into an independent agreement with a partner for licensing marketing information, you may use the custom audiences tools and sharing functionality to create and provide custom audiences for advertising based on that information, subject to the requirements of these terms and applicable law.

• A note to EU and Swiss data controllers: To the extent the Hashed Data contains personal data relating to an individual who resides in the European Union or Switzerland, the parties acknowledge and agree that for purposes of creating the custom audiences, as described above, that you are the data controller in respect of such personal data, and you have instructed Facebook Ireland Limited to process such personal data on your behalf as your data processor pursuant to these terms and Facebook’s Data Processing Terms, which are incorporated herein by reference. You hereby acknowledge and agree that Facebook, Inc. may act as a sub-processor for and on behalf of Facebook Ireland Limited for the purpose of fulfilling Facebook Ireland Limited’s obligations under these Custom Audiences Terms. “Personal data,” “data controller,” and “data processor” in this paragraph have the meanings set out in the General Data Protection Regulation (Regulation (EU) 2016/679).

These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Policies at https://www.facebook.com/policies/ads), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is a Facebook Product under Facebook’s Terms of Service (https://www.facebook.com/legal/terms, the “Terms”). In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.

Effective Date: May 25, 2018

For Google Web Remarketing Ads Through Mailchimp

Introduction

Welcome to Google Ads Through Mailchimp. With Google Ads Through Mailchimp you can quickly and easily create, purchase, and manage advertisements on the Google Display Network, such as web retargeting ads, from within your Mailchimp account using our ad creator (referred to as the “Google Ad Buying Feature” throughout these Additional Terms).

Please read these Additional Terms carefully. This is a legal agreement, and by clicking “I Agree” below and continuing to use the Google Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Google Ad Buying Feature. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use also apply to your use of the Google Ad Buying Feature. The Google Ad Buying Feature is part of the Service and your use of the Google Ad Buying Feature is considered part of your use of Mailchimp. If you have questions about any of our terms, feel free to contact us.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our Standard Terms of Use.

Part A: Important Things for You to Know

1. Mailchimp may modify the Google Ad Buying Feature or discontinue its availability at any time.

2. Mailchimp may refuse service or limit, suspend, or terminate your access to the Google Ad Buying Feature at any time, with or without cause.

3. You may discontinue your use of the Google Ad Buying Feature at any time.

4. Mailchimp may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Google Ad Buying Feature.

5. The Google Ad Buying Feature allows you to create, purchase, and manage advertisements on the Google Display Network from your Mailchimp account. By using the Google Ad Buying Feature, you also agree to comply with all of Google’s advertising terms (www.google.com/ads/terms) and policies (www.google.com/ads/policies), as those may be modified or changed from time-to-time.

6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including the Google Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.

7. Mailchimp and Google are independent third parties and are not affiliates, partners, agents, or representatives of one another. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, including decisions regarding your advertisements on the Google Display Network.

Part B: Advertising Review and Compliance

Your use of the Google Ad Buying Feature, including the content of any ads you might create, is subject to review by both Google and Mailchimp and you agree to comply with the terms and policies of both companies.

If you do not comply with both Google’s advertising terms and policies and Mailchimp’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Google or Mailchimp, or placement of your ad may be delayed; (2) we might, in our sole discretion, revoke your ability to use the Google Ad Buying Feature; and/or (3) we might suspend or terminate your Mailchimp account.

Part C: Creation of Google AdWords Account and Connected Site Required

When you choose to use the Google Ad Buying Feature, Mailchimp creates a Google AdWords account on your behalf so your ads can be published on the Google Display Network. You may request additional information from Mailchimp regarding your Google AdWords account at any time.

Mailchimp offers the Google Ad Buying Feature as a third party and is unaffiliated with Google. For more information about working with a third party to advertise on the Google Display Network, please review the Working with a third party disclosure notice published by Google.

To use the Google Ad Buying Feature, your website or store must be connected to your Mailchimp account (a “Connected Site” or “Site”). When you agree to these terms (1) a Google remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Google Ad Buying Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Google Display Network and enable Mailchimp to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to Mailchimp.

By using the Google Ad Buying Feature, you are giving Mailchimp permission to install the necessary cookie and Google remarketing pixel on your Connected Site and to create a Google AdWords account for you.

Part D: Payment Terms

The Google Ad Buying Feature is an add-on to your Mailchimp account and will be billed as such (please see Section 12 of our Standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Google Ad Buying Feature, you will be asked to select a maximum weekly budget for your advertising campaign. You agree to pay the amount chosen as your maximum weekly budget in advance, and your credit card will be charged up front for the amount of your maximum weekly budget in its entirety. Your advertising campaign will then be placed by Google according to the criteria you select using the Google Ad Buying Feature. Your advertising campaign will run indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your maximum weekly budget. You may adjust the amount of your maximum weekly budget at any time. You may also pause or cancel your ad at any time.

In some instances, your maximum weekly budget may not be reached, resulting in a budget surplus. All unused portions of your weekly maximum budget will accumulate in your account (the “Surplus Ad Budget”). If, at any time, the amount of your Surplus Ad Budget exceeds the amount you have set for your maximum weekly budget, the Surplus Ad Budget will be applied toward the payment of your maximum weekly budget for the next week and your credit card will not be billed that week. Weekly billing will resume the following week.

If any portion of your budget remains unused when an advertising campaign is discontinued it will be credited to your account as a “Google Ad Credit” and may be used toward the purchase of future advertising campaigns with the Google Ad Buying Feature. Google Ad Credits are only valid for the purchase of services available through the Google Ad Buying Feature. Google Ad Credits may not be used to purchase or pay for email campaigns or other Mailchimp add-ons or services, including but not limited to Facebook Ads, Instagram Ads, or Mandrill. Google Ad Credits do not expire.

If you violate these Additional Terms, Mailchimp’s Standard Terms of Use, or Google’s advertising terms or policies, you will not receive a credit or refund for any purchases you made through the Google Ad Buying Feature.

Updated May 30, 2019

For Landing Pages Templates

Please read these Additional Terms carefully before using any landing pages templates (“Templates”). By clicking “Accept” within the Mailchimp application and using Templates you are agreeing to these Additional Terms.

Certain of these Templates contain images that Mailchimp has obtained from Pexels and Unsplash (“Stock Images”) pursuant to public licenses, which can be found here and here. Pexels and Unsplash are not affiliates, partners, agents, or representatives of Mailchimp. Mailchimp does not own these Stock Images and does not make any guarantees, representations or warranties of any kind to you regarding the ownership or content of, or your rights to use, any Stock Images. You are solely responsible for your use of Stock Images on Templates and any losses or liabilities associated with that use. By using Templates, you agree to comply with all of Pexels’ and Unsplash’s terms and conditions, which can be found here and here, including any restrictions on use contained therein. You also agree to indemnify and hold Mailchimp harmless from and against any and all claims, liabilities or losses, including all legal fees and expenses, arising out of or that otherwise result from your use of any Stock Images on Templates, including any claim of violation or infringement, or actual violation or infringement, of third party rights (such as intellectual property rights).

These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use continue to apply to your use of Templates. The ability to create a landing page and use Templates is considered part of the Service offered by Mailchimp (as defined in our Standard Terms of Use).

Effective May 30, 2019

For Landing Pages and Websites Cookies, Pixels & Tracking Technologies

Please read these Additional Terms carefully before setting any cookies, pixels or other tracking technologies (collectively, “cookies”) on your landing page(s) and/or Website(s). By clicking “Accept” within the Mailchimp application and setting cookies on your landing page(s) or Website(s) you are agreeing to these Additional Terms.

You can choose to set cookies on the landing pages or Websites that you create. If you choose to set any cookies, it is your responsibility to understand how your use of those cookies will impact your landing page or Website. You can visit Mailchimp’s Cookie Statement at any time for a general description of the cookies that can be employed by a Mailchimp user through the use of Mailchimp (see the Section entitled “Cookies served through the Services”), or you can revisit the landing pages or Websites creator for descriptions of the specific cookies you choose to set. If you choose to set cookies, you agree that Mailchimp will automatically install a JavaScript tracking snippet on your landing page or Website in order to allow those cookies to be set on your landing page or Website.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including landing pages and Websites, is suitable for you in light of such laws, rules, and regulations. If you choose to set cookies on your landing page or Website, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, and to transfer information related to this tracking to Mailchimp, and (2) your landing page or Website adequately discloses your tracking practices and use of cookies in a privacy policy, cookie statement, or other disclosure.

These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use continue to apply once you have created a landing page or Website. The ability to create a landing page or Website is considered part of the Service offered by Mailchimp (as defined in our Standard Terms of Use).

Updated June 17, 2019

For Mobile SDK

Welcome to the Mobile SDK Beta! The Mobile SDK is a feature that allows you to collect information about your contacts’ interactions with your mobile application and send personalized Campaigns based on those interactions.

Please read these Additional Terms carefully. These Additional Terms and the license agreement located here (the “License Agreement”) apply to your participation in the beta and your use of the software development kit, including any upgrades, modified versions, updates, additions, and copies of the foregoing (the “Mobile SDK”). By clicking “Generate Client Key” and accessing the Mobile SDK, you are agreeing to these Additional Terms and the License Agreement. If you are agreeing to be bound by these Additional Terms and the License Agreement on behalf of your employer other or entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Additional Terms and the License Agreement. If you do not have the requisite authority, you may not accept these Additional Term or the License Agreement, and you may not use the Mobile SDK on behalf of your employer or other entity.

These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which also apply to your use of the Mobile SDK.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our Standard Terms of Use.

Part A: Important Things for You to Know

You understand and agree that:

1. Mailchimp may modify, suspend or discontinue the Mobile SDK at any time. Mailchimp may limit, suspend, or terminate your access to the Mobile SDK at any time, with or without cause. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation.
2. Mailchimp may modify or change these Additional Terms from time to time.
3. You are responsible for understanding and complying with all applicable laws, rules, codes and regulations (including, without limitation, those related to data privacy) currently in effect, as they are amended and as they become effective, that are applicable to your use of the Mobile SDK.
4. If you accept these Additional Terms, you will be participating in and using the Beta version of the Mobile SDK. “Beta” means a feature, function, or technology that Mailchimp is making available to you that has not been made generally available to all of our Members or the public and that is for evaluation or testing purposes only. You may provide or we may ask you to provide feedback on the Mobile SDK. To obtain the feedback, we may ask you to participate in a phone call or video conference from time to time (collectively, the “Discussions”). You understand that the Discussions may be recorded and you hereby consent to such recording. We may use any feedback (including any feedback provided in the Discussions) you choose to provide to improve the Mobile SDK or to develop new features and services. You understand that you will not receive any compensation for your feedback or suggestions. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate your feedback and suggestions into the Mobile SDK or the Service.

Part B: Your use of the Mobile SDK

1. You agree to use the Mobile SDK and write applications only for purposes that are permitted by (a) the License Agreement, (b) these Additional Terms and (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2. You agree that you are responsible for understanding and complying with all applicable laws, statutes, rules, regulations and codes (including, without limitation, those related to tax and data privacy) currently in effect, as they are amended and as they become effective, that are applicable to your use and collection of your end-users’ data with the Mobile SDK. You are further responsible for determining whether the Mobile SDK is suitable for you in light of such laws, statutes, rules, regulations and codes. You represent, warrant and covenant that you have provided notice and obtained (or will obtain) all consents and rights necessary under applicable data privacy laws in connection with your use of the Mobile SDK. You shall have sole responsibility for the accuracy, quality, and legality of your use and collection of your end-users’ data with the Mobile SDK.
3. You agree that you will not engage in any activity with the Mobile SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third-party including, but not limited to, Mailchimp or any mobile communications carrier.
4. You agree that you are solely responsible for (and that Mailchimp has no responsibility to you or to any third-party for) any breach of your obligations under the License Agreement, any applicable third-party contract or terms of service, or any applicable law or regulation, and you agree to indemnify and defend us against all costs, claims, and liability that we may suffer or incur in connection with any such breach.

Part C: Third-Party Software

The Mobile SDK may include open source software or third-party software. Any such software is made available to you under the terms of the applicable licenses. Please review the applicable notices and license terms here related to the Mobile SDK. You are not authorized to combine and distribute the Mobile SDK with any third-party software that results in a GNY General Public License, an Affero General Public License or any other copyleft licenses.

Part D: Export Controls

THE MOBLE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE MOBILE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END-USERS AND END USE.

Part E: General Legal Terms

The Additional Terms and the License Agreement represent the complete agreement concerning this license between you and Mailchimp and supersedes all prior agreements and representations between them. If there is conflicting language between these Additional Terms, the License Agreement and any other agreement governing your use of the Mobile SDK, the terms of the License Agreement will control. As used herein, the terms “include” and “including” mean “including without limitation.”

Effective: April 1, 2020

For Payment Content Block

Please read these Additional Terms carefully before enabling payment processing on your landing page(s) and/or Website(s) (the “Feature”). By clicking “Connect” within the Mailchimp application and enabling the Feature, you are agreeing to these Additional Terms.

You understand and agree:

1. Mailchimp may modify, change, or discontinue the Feature at any time.
2. Mailchimp may refuse service or limit, suspend, or terminate your use of the Feature at any time, with or without cause.
3. You may discontinue your use of the Feature at any time.
4. Mailchimp may modify or change these Additional Terms from time-to-time. When we change these Additional Terms, we will post the revised Additional Terms here. For this reason, you should review these Additional Terms often. Any changes will be effective immediately and will apply to your continued use of the Feature.
5. The Feature allows you to process your customers’ payments via Square, Stripe, PayPal, or Venmo (each a “Payment Processor”), as applicable. By using the Feature, you also agree to comply with all of Square’s, Stripe’s, PayPal's, and Venmo's policies, as aplicable. You acknowledge that all payment and financial information provided by your customer who is using payment processing will pass directly to the Payment Processor, as applicable.
6. By enabling the Feature, you acknowledge and consent to certain information related to your account and your customers, including your customers’ identification and transaction data and your inventory data, being passed to and stored by each of Mailchimp and the Payment Processor. This information will be further processed by Mailchimp in accordance with our Privacy Policy. If you discontinue your use of the Feature, this data will remain in your Mailchimp account unless and until it is deleted by you or required to be deleted by Mailchimp, or until you close your account.
7. You are responsible for understanding and complying with all applicable laws, statutes, rules, regulations and codes (including, without limitation, those related to tax and data privacy) currently in effect, as they are amended and as they become effective, that are applicable to your use of the Feature. You are further responsible for determining whether our Service, including the Feature, is suitable for you in light of such laws, statutes, rules, regulations and codes. You represent, warrant and covenant that you have provided notice and obtained (or will obtain) all consents and rights necessary under Privacy Laws. “Privacy Laws” means all applicable international, federal, state, provincial and local laws, rules, regulations, directives and governmental requirements currently in effect, as they are amended and as they become effective relating in any way to cybersecurity or the privacy, confidentiality or security or processing of personal data or personal information including, without limitation, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and more specific rules or laws by member state laws. Without limiting the foregoing, you will not, in any event, access or use the Feature to permit or facilitate corruption, theft, or fraud of any kind.
8. When using Stripe payment processing, you agree that you will not permit processing of payments for any activities listed on Stripe’s Prohibited Business List, here.
9. No Payment Processor is an affiliate, partner, agent, or representative of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by the Payment Processor.
10. The Payment Processor is solely responsible for all activities, issues and disputes related to payment processing enabled via the Feature, including payment receipt, refunds, chargebacks, and taxes. You and your customers should contact the Payment Processor directly to resolve any issues related to the foregoing. All payment information provided by your customers using the Feature will be passed directly to the Payment Processor, and Mailchimp will not have access to that information. Mailchimp does not manage and is not responsible for the PCI-DSS compliance obligations and efforts of the Payment Processor.

These Additional Terms do not replace Mailchimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use continue to apply once you have enabled the Feature. The ability to use the Feature is considered part of the Service offered by Mailchimp (as defined in our standard Terms of Use).

Updated September 8, 2020

For Postcards

“Postcards” is a service available through Mailchimp that allows you to quickly and easily create and send direct mail marketing campaigns from within your Mailchimp account. These Additional Terms apply to any Mailchimp account that uses Postcards.

You must agree to these Additional Terms prior to using Postcards and these Additional Terms apply to all uses of Postcards. Please read these Additional Terms carefully. This is a legal agreement, and by clicking “I Accept” within the Mailchimp application and continuing to use Postcards you are agreeing to these Additional Terms.

These Additional Terms do not replace Mailchimp’s Standard Terms of Use, which also continue to apply to your use of Mailchimp, and Postcards is considered part of the Service within Mailchimp. If you have any questions about these Additional Terms, feel free to contact us.

Part A. Important things for you to know

1. Postcards is a direct mail distribution service available through Mailchimp (direct mail is sometimes referred to as postal mail or physical mail). You understand and agree that by choosing to use Postcards, you are directing Mailchimp to distribute direct mail on your behalf and at your instruction.
2. Postcards may not be available for use or delivery in all countries or territories.
3. We cannot guarantee a delivery date or time for any Postcards campaign. We do not guarantee that mail will be delivered free of damage.
4. We do not and cannot guarantee or predict any particular rate of response to your Postcards campaigns.
5. You agree that you will not use Postcards to knowingly send mail to recipients who have opted out of receiving marketing via mail, and you will not knowingly send Postcards to any recipient who has requested that you not contact them via direct mail. If requested by a recipient, you will stop using that recipient’s personal information for direct marketing, including Postcards campaigns.
6. If required in the countries or jurisdictions where you are sending Postcards campaigns, you represent that you will provide recipients with a method to contact you to opt out of receiving future communications. Furthermore, you agree to honor any opt out request you may receive from any recipients in future Postcards campaigns.
7. Mailchimp may alter these Additional Terms at any time. If we alter these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed by posting the updated Additional Terms online. You may access the current version of these Additional Terms at any time by visiting www.mailchimp.com/legal/additional-terms/#Additional_Terms_of_Use_for_Postcards and you should review these Additional Terms regularly. Any modifications or changes will be effective immediately and apply to your continued use of Postcards.
8. Mailchimp may modify Postcards or cancel, terminate, or discontinue its availability at any time.
9. Mailchimp may refuse service or limit, suspend, or terminate your access to Postcards at any time, with or without cause.
10. You may discontinue your use of Postcards at any time.
11. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS and determining whether our Service, including Postcards, is suitable for you in light of such laws, rules, and regulations. While we take efforts to design our Service, including Postcards, for use by Members in numerous jurisdictions throughout the world, Mailchimp cannot and does not represent or warrant that all aspects of the Service, including Postcards, comply with any particular jurisdiction’s laws, rules, or regulations.
12. You represent and warrant that all the content and material that you provide or use in connection with you Postcards campaigns does not infringe upon or violate any copyright, trademark, privacy, publicity, or other proprietary right of any third party.

Part B. Advertising content review and compliance

1. Your use of Postcards, including the content of any campaigns or materials you may create, is subject to review by Mailchimp.
2. We may refuse to distribute your Postcards campaign or content if we believe that it violates our Acceptable Use Policy or any other laws, rules, or regulations.
3. You are not permitted to use Postcards to advertise any sweepstakes or contests. Furthermore, you agree that you will not include any content in your Postcards campaigns that is prohibited by any applicable law (for example, anything that is illegal, obscene, deceptive, misleading, or fraudulent), sexually explicit, related to bookmaking, pool-setting, betting, waging or gambling, or that is designed to obtain money under false pretenses.
4. Minor variations in color and tone are expected when Postcards campaigns are printed.
5. You are solely responsible for the content of your Postcards campaigns and the messages conveyed. You agree to indemnify and defend us against all costs, claims, and liability that we may incur in connection with your Postcards campaign; and, to the extent relevant, in connection with your products or services.
6. You represent and warrant that all material and content you send through Postcards will comply with all applicable laws, rules, and regulations in the countries and jurisdictions to which you send.

Part C. Payment Terms

1. Postcards is an add-on to your Mailchimp account and will be billed as such (please see Section 12 of our Standard Terms of Use for more information regarding add-ons).
2. Pricing for Postcards is available at the following url: www.mailchimp.com/features/postcards and this page is incorporated into and considered part of these Additional Terms. You agree to pay for all Postcards sent from your account, including Postcards sent via automations, and you authorize Mailchimp to charge your credit card for such Postcards.
3. We may modify or change our fees and pricing structure for Postcards at any time.
4. No refunds will be granted for any Postcards campaign once the campaign has been submitted for review and processing to Mailchimp. Postcards campaigns may not be cancelled or terminated for any reason once the campaign has been submitted for review and processing to Mailchimp.
5. You are solely responsible for the payment of all sales taxes, use taxes, VAT, GST, and other applicable taxes and fees. We collect and remit such taxes in several jurisdictions. To the extent the Service, including Postcards, is taxable in a jurisdiction where we do not collect and remit these taxes, you may be liable to remit taxes directly to the taxing authority in such jurisdiction and it is your responsibility to determine and comply with any local tax laws and regulations.
6. Mailchimp may, in its sole discretion, issue “Postcards Credits.” Postcards Credits may be used toward the purchase of Postcards campaigns. Postcards Credits may not be used to purchase or pay for email campaigns or other Mailchimp add-ons or services, and are only valid for the purchase of Postcards campaigns. Postcards Credits must be used within five (5) years from the date of issue.
7. You understand and agree that you, as the party choosing to create and send a Postcards campaign, are the importer of record for any and all Postcards transactions made through your Mailchimp account.
8. Mailchimp’s total liability for all claims made about or related to a Postcards campaign shall be limited to no more than the amount that you paid for the Postcards campaign. NEITHER MAILCHIMP NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS).
9. You agree to make all payments owed for your Postcards campaigns in accordance with these Additional Terms and our Standard Terms of Use.

If you do not comply with these Additional Terms or any other Mailchimp terms: (1) your Postcards campaign might be rejected by Mailchimp; (2) we might, in our sole discretion, revoke your access to Postcards; and/or (3) we might suspend or terminate your Mailchimp account.

Effective May 30, 2019

For Preferences Center Builder

“Preferences Center Builder” is a service that allows you to quickly and easily build a preferences center for your Contacts all from within your Mailchimp account.

Please read these Additional Terms carefully. These Additional Terms apply to your use of the Preferences Center Builder. This is a legal agreement. By using the Preferences Center Builder, you are agreeing to these Additional Terms. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Use Policy, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which also apply to your use of the Preferences Center Builder.

The Preferences Center Builder is part of the Service and your use of the Preferences Center Builder is considered part of your use of Mailchimp. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use. If you have any questions about any of our terms, feel free to contact us.

Part A: Important Things for You to Know

1. Mailchimp may modify, suspend or discontinue the preferences center at any time. Mailchimp may limit, suspend, or terminate your access to the preferences center at any time, with or without cause. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation.
2. Mailchimp may modify or change these Additional Terms from time to time. If we modify or change these Additional Terms in a material way, we will provide you notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the preferences center.
3. If you accept these Additional Terms, you understand and agree that you will be participating in and using a limited release of the Preferences Center Builder. This limited release is made available to you for evaluation and testing purposes and may not be as reliable as our other services.
4. You may provide or we may ask you to provide feedback on the Preferences Center Builder. We may use any feedback you choose to provide to improve the Preferences Center Builder or to develop new features and services. You understand that you will not receive any compensation for your feedback or suggestions. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate your feedback into the Preferences Center Builder or the Service.
5. With the Preferences Center Builder, you can build a preferences center by connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or purchasing a custom domain.
6. You represent and warrant that you own all rights or have permission to use, publish, or share all of the material, content, data and information (“Content”) on your preferences center. We aren’t responsible for the Content that you share on your preferences center or the Content other Members share on their preferences centers. By operating preferences centers, we do not represent that any Member’s Content is accurate, complete, or legal.
7. We may offer HTTPS encryption for your preferences center. By connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or purchasing a custom domain, you allow us to maintain a certificate in order to provide HTTPS for your preferences center.

Part B: Liability and Privacy

1. You agree to maintain your preferences center in full compliance with these Additional Terms, as well as our Standard Terms of Use and other policies, including the Registrar’s terms of service, if applicable. We may unpublish, suspend or terminate your preferences center and/or suspend or terminate your Mailchimp account if you violate any of these terms.
2. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including Preferences Center Builder, is suitable for you in light of such laws, rules, and regulations.
3. We are not liable for your relationship with end users to your preferences center and how you interact with them, including your collection of personal information. If applicable law requires, you must provide and make available a legally compliant privacy policy and cookie statement. It is your responsibility to consult with a legal advisor to make sure your preferences center is compliant with all applicable laws.
4. Please note that any tracking you deploy on your Mailchimp website, may not be available on your preferences center.
5. You are responsible for ensuring that any preferences collected via your preferences center are enforced and that you respect the preferences of your Contacts in accordance with applicable law.
6. We cannot guarantee the security of every data transmission over the internet.
7. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of the Preferences Center Builder or from a third party’s use of the Preferences Center Builder.

Effective November 19, 2020

For Stores

Welcome to Stores! “Stores” is a service that allows you to generate a product catalog, integrate with tax and shipping solutions, and create and operate an online selling experience.

Please read these Additional Terms carefully. These Additional Terms apply to your use of Stores. This is a legal agreement. By clicking “Accept Terms & Publish” or “Pay Now” (as applicable) and continuing to use Stores, you are agreeing to these Additional Terms. These Additional Terms supplement Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which continue in effect and also apply to your use of Stores. By using Stores, you are subject to and agree to comply with the Additional Terms for Websites, which are incorporated into and form an integral part of these Additional Terms.

Stores is part of the Service and your use of Stores is considered part of your use of Mailchimp. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use. If you have any questions about any of our terms, feel free to contact us.

Part A: Important Things for You to Know

1. In order to use Stores at this time, you must be based in the United States or the United Kingdom. By using Stores, you represent and warrant that you are based in the United States or the United Kingdom.

2. Mailchimp may modify, suspend or discontinue Stores at any time. Mailchimp may limit, suspend, or terminate your access to Stores at any time, with or without cause. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation. If you are a business established or residing in the European Union or the United Kingdom, we will provide at least 30 days’ notice prior to terminating your access to Stores unless we have a legal or regulatory obligation or justification to earlier terminate your access, or (i) you have committed any violation of these Additional Terms, our Standard Terms of Use, or our Acceptable Use Policy, (ii) you have used Stores to offer illicit or inappropriate content, (iii) your use of Stores creates concerns with respect to the safety of any good or service, (iv) you use of Stores is suspected to involve counterfeiting, fraud, malware, or spam, (v) your use of Stores could create a data breach or other cybersecurity risk or (vi) you offer goods or services unsuitable for minors. Stores will have no liability to you or any third party because of such termination.

3. Mailchimp may modify or change these Additional Terms from time to time. If we modify or change these Additional Terms in a material way, we will provide you notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply prospectively to your continued use of Stores. Your continued use of Stores following the posting of any changes to these Additional Terms constitutes your acceptance of such new terms. Notwithstanding the foregoing, if you are established or reside within the European Union or the United Kingdom, (i) such changes shall take effect 15 days following Stores notifying you by email or by posting a revised version of the Additional Terms (except in cases where we have a legal or regulatory obligation to change such terms that does not permit notice or to address an unforeseen and imminent danger to defending Stores or the Service from fraud, malware, spam, data breach or other cybersecurity risks) and (ii) if you object to such changes you have the right to terminate your access to Stores by cancelling your Store within the 15 day period.

4. You agree to maintain your Store in full compliance with these Additional Terms, as well as our Standard Terms of Use and other policies, including the Registrar’s terms of service, if applicable. Without limiting our rights and remedies, Mailchimp may unpublish, suspend or terminate your Store and/or suspend or terminate your Mailchimp account if you violate any of these terms.

5. If your Store is inactive for 24 or more months, Mailchimp reserves the right to immediately and permanently delete all data associated with your Store, in addition to exercising any additional rights under these Additional Terms and our Standard Terms of Use.

Part B: The Service

1. With Stores, you can (among other things) build a website and publish content by connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or using a custom domain, depending on your pricing tier.

2. We may offer HTTPS encryption for your Store. By connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or using a custom domain, you allow Mailchimp to maintain a certificate in order to provide HTTPS encryption for your Store.

3. Stores may integrate with Shippo in order to provide you shipping services, if desired. By using Shippo through Stores, you also agree to comply with Shippo’s terms. Shippo is not an affiliate, partner, agent, or representative of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Shippo.

4. Stores also integrate with TaxJar in order to calculate taxes for orders placed by customers of your Store, if desired. By using TaxJar through Stores, you also agree to comply with TaxJar’s terms. TaxJar is not an affiliate, partner, agent, or representative of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by TaxJar.

5. As between you, Mailchimp and TaxJar (and despite your use of TaxJar), you remain solely responsible for compliance with all applicable tax laws and regulations in all applicable jurisdictions, including the collection and remittance of all sales taxes, use taxes, VAT, GST, and other applicable taxes and fees.

6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether Stores or any of its features is suitable for you in light of such laws, rules, and regulations.

7. You may designate levels of access to certain people to limit the changes that can be made by them to your Store. The Administrator of your Store is responsible and liable for the acts and omissions of all users as if they were the Administrator’s own acts or omissions.

Part C: Payment Processing

1. Stores allow you to process your customers’ payments via Stripe (the “Payment Processing Feature”). By using the Payment Processing Feature, you also agree to comply with all of Stripe’s policies. Stripe is not an affiliate, partner, agent, or representative of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Stripe.

2. Mailchimp may modify, change, discontinue, refuse service or limit, suspend, or terminate your use of the Payment Processing Feature at any time, with or without cause. You may discontinue your use of the Payment Processing Feature at any time.

3. When using the Payment Processing Feature, you agree that you will not permit processing of payments for any activities listed on Stripe’s Restricted Businesses list, which Stripe may revise from time to time.

4. By enabling the Payment Processing Feature, you acknowledge and consent to certain information related to your account and your customers, including your customers’ identification and transaction data and your inventory data, being passed to and stored by each of Mailchimp and Stripe. This information will be further processed by Mailchimp in accordance with our Privacy Policy. If you discontinue your use of the Payment Processing Feature, this data will remain in your Mailchimp and Stripe account unless and until it is deleted by you or required to be deleted by Mailchimp, or until you close your account.

5. In addition to any processing fees charged by Stripe, Mailchimp will charge you certain fees on your transaction volume as described in the Payment section of our Standard Terms of Use, at the following url: https://mailchimp.com/legal/terms/#Payment.

6. Without limiting the foregoing, you will not, in any event, access or use the Payment Processing Feature to engage in, permit or facilitate corruption, theft, or fraud of any kind.

7. Stripe is solely responsible for all activities, issues and disputes related to payment processing enabled via the Payment Processing Feature, including payment receipt, refunds, chargebacks, and taxes. You and your customers should contact Stripe directly to resolve any issues related to the foregoing. Mailchimp does not manage and is not responsible for the PCI-DSS compliance obligations and efforts of Stripe.

Part D: Your Payment Terms

1. Pricing for Stores is available at the following url: https://mailchimp.com/pricing/commerce, and this page is incorporated into and considered part of these Additional Terms. All prices included on this page are exclusive of applicable taxes.

2. Please review payment terms for Stores and Websites & Commerce Plans in the Payment section of our Standard Terms of Use, at the following url: https://mailchimp.com/legal/terms/#Payment.

3. If your payment method fails at any time, we may temporarily or permanently suspend your access to and the functionality of your Store.

4. We may modify or change our fees and pricing structure for Stores at any time.

5. No refunds will be granted for Stores payments for any reason.

6. You agree to make all payments owed for your Store in accordance with these Additional Terms and our Standard Terms of Use.

Part E: Content

1. You represent and warrant that you own all rights or have permission to use, publish, share or sell all of the products, material, content, data and information (“Content”) on your Store, and you will maintain and continue to hold such rights and permissions while using your Store.

2. As between you and Mailchimp, you retain ownership of the Content that you upload to your Store. We may use or disclose your Content (including any personal information therein) only as described in these Additional Terms, our Standard Terms of Use, Privacy Policy, and Cookie Statement.

3. You are solely responsible for your Store, the Content of your Store (including but not limited to any content linked to your Store), any and all statements and promises you make in your Store and for all assistance, warranty and support regarding your products. You are solely responsible for, and bear all costs of, procuring and delivering your products sold on your Store to your customers and for providing them in a safe, reasonable, timely and professional manner. You represent and warrant that you will provide valid contact information on your Store for any questions, complaints or claims by your customers.

4. Mailchimp is not responsible or liable for the Content that you display, share or sell on your Store or the Content other Members display, share or sell on their Stores, and Mailchimp is not a “publisher or speaker” of your Content. By operating Stores, we do not represent that any Member’s Content is accurate, complete, or legal. You expressly agree and acknowledge that Mailchimp does not itself manufacture, package, label, test, maintain or store, deliver or otherwise participate in the sale of any product that you make available or sell on your Store to your customers.

5. Mailchimp may view, copy, or internally distribute Content from your Stores and account to create algorithms and programs (“Tools”) that help us spot problem accounts, measure the effectiveness of our current tools, and improve our Service. We use these Tools to find Members who violate these Additional Terms, our Standard Terms of Use or laws and to study data internally to make the Service smarter and create better experiences for Members and their visitors.

6. You grant Mailchimp a perpetual, non-exclusive, worldwide, irrevocable, transferable, royalty-free and fully paid-up right and license to use, host, store, reproduce, modify, publish, display, publicly perform and distribute any version of your Store (or any part thereof) or Content for any of Mailchimp’s marketing and promotional activities, online and/or offline, and modify or create derivative works of the Content as reasonably required for such purposes, and you waive any claims against Mailchimp or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Store with respect to such limited permitted uses.

Part F: Liability and Privacy

1. It is your sole responsibility to offer any Content through your Store in a legal and compliant manner. Mailchimp does not warrant, endorse, guarantee or assume responsibility for any of your Content, including but not limited to any product or service advertised or offered by you through your Store. Mailchimp will not be a party to or in any way be responsible for participating in any transaction between you and customers of your Store, issues arising from any Content provided on your Store, or your relationship with customers of your Store or how you interact with them, including through your collection of personal information.

2. You must maintain a customer complaints handling process that includes an easily accessible avenue by which your customers may contact you to raise complaints about your Store or the products and services that you offer. Mailchimp may provide an additional avenue for your customers to contact Mailchimp with complaints, but in doing so will not trigger any liability or legal or other obligations for Mailchimp. Mailchimp will endeavor to resolve customer complaints it receives related to the functioning of the Stores product; all other customer complaints are your responsibility. If Mailchimp becomes aware that you repeatedly fail to address complaints from your customers in a timely manner (e.g., you fail to ship the product that was ordered, fail to ship the correct product, fail to resolve issues with faulty product shipped, fail to follow your own policies, fail to prevent double or over-charging, etc.), Mailchimp reserves the right to suspend or terminate your Store and your account.

3. You represent and warrant that you are solely responsible for obtaining all applicable licenses, approvals, permissions and authorizations for all products you sell in your Store.

4. You agree to indemnify, defend, and hold Mailchimp and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of Stores or from a third party’s use of or interaction with your Store.

5. Certain parts of the Service require or involve the submission, collection and/or use of certain personally identifying or identifiable information of you and your customers. In particular, and as a part of accessing or using the Service, Mailchimp may, and you authorize Mailchimp to, collect, access and use certain data pertaining to you and your customers, including the activities or navigation undertaken by customers through your Store and other connected products, including through the use of any payment processors or other third parties. Use of such data and information will be governed by Mailchimp’s Privacy Policy. You can visit Mailchimp’s Cookie Statement at any time for a general description of the tracking technologies that can be employed by a Mailchimp Member through the use of Mailchimp (see the Section entitled “Cookies served through the Services”) or you can revisit the Stores creator for descriptions of the tracking technologies.

6. If applicable law requires, you must provide and make available a legally compliant privacy policy and cookie statement on your Store. You must adequately disclose your tracking practices and obtain all necessary consents from your Store visitors to deploy cookies and other tracking technologies on your Store as required by applicable law. It is your responsibility to consult with a legal advisor to make sure your use of Stores is compliant with all applicable laws. Mailchimp will not provide you with any legal advice regarding your Store or your customers.

7. As a courtesy, Mailchimp may offer template terms of service, privacy policies, and other similar policies for your use, at your sole option, as starting points for the drafting of such documents for your use in operating your Store (the “Form Policies”). FORM POLICIES ARE PROVIDED “AS-IS,” AND WITHOUT WARRANTY, AND MAILCHIMP SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE FORM POLICIES DO NOT CONSTITUTE LEGAL ADVICE, AND BY USING THEM YOU ACKNOWLEDGE THAT THE FORM POLICIES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE ADVERTISING FOR, A SOLICITATION FOR OR PRESENTATION OF LEGAL ADVICE. YOU SHOULD NOT RELY UPON THE FORM POLICIES FOR ANY PURPOSE WITHOUT SEEKING LEGAL ADVICE FROM A LICENSED ATTORNEY IN YOUR STATE, PROVINCE, OR LOCALITY. USE OF, ACCESS TO OR TRANSMISSION OF THE FORM POLICIES OR ANY INFORMATION CONTAINED THEREIN IS NOT INTENDED TO CREATE, AND RECEIPT OR USE THEREOF DOES NOT CONSTITUTE FORMATION OF, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN MAILCHIMP AND ANY MERCHANT, USER, CUSTOMER, OR SITE VISITOR. THE INFORMATION CONTAINED IN THE FORM POLICIES MAY OR MAY NOT REFLECT THE MOST CURRENT (OR ANY) LEGAL DEVELOPMENTS. NEITHER THE FORM POLICIES, NOR THE INFORMATION THEREIN, IS GUARANTEED TO BE CORRECT OR COMPLETE. MAILCHIMP EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT TO ANY ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL OF THE CONTENTS OF THE FORM POLICIES.

8. You are solely responsible for all communications between you and your customers. You represent, covenant, and warrant that all communications between you and your customers will be in compliance with all applicable laws, including, without limitation, all laws related to unsolicited emails, privacy, obscenity, and defamation. If applicable, you are solely responsible for ensuring that your Store and all communications meet the requirements of all applicable laws, including the requirements of the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and all other privacy laws and regulations.

9. We cannot guarantee the security of every data transmission over the internet.

Part G: Miscellaneous

1. If you are a business established or residing in the European Union or the United Kingdom, you are eligible to use Mailchimp’s internal complaint-handling process, which is provided free of charge to all of its customers. Mailchimp will use commercially reasonable efforts to address all matters within a reasonable time frame, and will review and forward all received complaints to appropriate internal resources for review and consideration in a manner consistent with the European Union Platform to Business Regulation (2019/1150) (“P2B”). You may submit your inquiry here.

2. If you are a business established or residing within the European Union or the United Kingdom, Mailchimp is willing to participate in mediation in an effort to resolve disputes under these Additional Terms, so long as you participate in good faith and subject to the terms prescribed by European Union Platform to Business Regulation. Mailchimp will cooperate in good faith in mediation through the Atlanta, Georgia office of JAMS or the AAA. Mediation of such a dispute shall not limit any of Mailchimp’s other rights or remedies, including the right to initiate judicial proceedings at any time before, during or after the mediation process.

3. These Additional Terms were originally written in English. Mailchimp may translate these Additional Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will be control except where prohibited by applicable law.

Effective May 18, 2021

For Transactional Email (formerly Mandrill)

Part A: Introduction

Transactional Email is a service that allows you to send one-on-one informational emails (as opposed to bulk emails or promotional emails) to your customers. These Additional Terms apply to any Mailchimp account with the Transactional Email (formerly, Mandrill) Add-on.

Please read these Additional Terms carefully before using Transactional Email. By adding the Transactional Email Add-on within the App or Mailchimp Site and continuing to use Transactional Email, you are agreeing to follow these Additional Terms for as long as you use Transactional Email.

Transactional Email is considered part of the Service with Mailchimp and these Additional Terms do not replace Mailchimp’s Standard Terms of Use, which continue to apply to your use of Mailchimp. If you have any questions about these Additional Terms, feel free to contact us.

Part B: Eligibility

To use Transactional Email (except for the Transactional Email Demo), you must have an active Mailchimp account on either our Standard plan or Premium plan, which are both Monthly Plans with monthly auto renewing charges. (If you have a Free plan, Legacy Free plan, or Essentials plan, you must upgrade to an eligible plan before you can utilize Transactional Email.) Mailchimp accounts suspended for violations of the Mailchimp Standard Terms of Use or for any other reason may be ineligible for Transactional Email.

You may demo a limited version of Transactional Email if you’re eligible and opt to use our Transactional Email Demo.

Part C: Loss of Access to Transactional Email

You will immediately lose access to Transactional Email if any of the following happens:

1. You pause your Mailchimp account;
2. You cancel or close your Mailchimp account;
3. You downgrade your Mailchimp account to an Essentials plan or Free plan;
4. You disable your Transactional Email Add-on in your account settings;
5. Mailchimp suspends, cancels, terminates, or closes your Mailchimp account or Transactional Email Add-on for any reason.

Part D: Payment Terms

You understand and agree:

1. Your Transactional Email monthly cost varies based on: (A) the number of Transactional Email blocks (25,000 emails per block) you subscribe to, (B) the cost of your Transactional Email blocks, and (C) the number of Transactional Emails you send each billing month. See our Transactional Email Pricing Calculator to learn more and estimate your cost. The number of Transactional Email blocks you subscribe to will automatically renew at the start of your monthly billing cycle, which is the same monthly billing cycle for your paid Monthly Plan. Pricing information and FAQs for Transactional Email is available at the following url: https://mailchimp.com/pricing/transactional-email/. The pricing information and FAQs are expressly incorporated into and considered part of these Additional Terms.
2. When you sign up for Transactional Email, you agree to monthly recurring billing, starting on the date you sign up for Transactional Email. Transactional Email blocks are billed monthly on a “use it or lose it” basis and do not roll over from month to month. For example, if you subscribe to 10 Transactional Email blocks per month and you only send 40,000 Transactional Emails in a month, then you will still be billed for all 10 Transactional Email blocks even though you utilized less than 2 blocks that month. The unused blocks also do not roll over to the following month.
3. Payments for Transactional Email are due in advance (not in arrears) on your Monthly Plan Pay Date. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. If you reach your Transactional Email send limit allotted in your monthly subscribed Transactional Email blocks, then, based on your account settings, your account might either: (A) stop sending Transactional Emails when you reach your send limit or (B) continue to send Transactional Emails and automatically purchase additional Transactional Email blocks beyond your monthly subscription setting. You may toggle between these options in your Transactional Email settings in your account. Additional Transactional Blocks cost the same as blocks you’ve subscribed to. You can see the tiered pricing with our Transactional Email Pricing Calculator. Charges for exceeding your self-selected Transactional Email block send limit will be immediately charged to your payment on file because those charges relate to your prior billing cycle.
4. The cost for your subscribed Transactional Email blocks and any additional Transactional Email blocks used will be detailed on your bill, which is viewable in your account.
5. If you have an existing Mailchimp account when you sign up for Transactional Email, then your Transactional Email block charges and email send volumes for your first billing month will be prorated based on the number of days remaining in your billing cycle.
6. If you choose to disable your Transactional Email Add-on then: (A) you will immediately lose access to sending Transactional Email and (B) you will still be responsible for paying for the full cost of your subscribed Transactional Email blocks for your last billing cycle (without any proration).
7. You agree to pay for your Transactional Email as stated in our Standard Terms of Use and you authorize Mailchimp to charge your payment method on file with us for all amounts owed associated with your Transactional Email use.
8. You may preview your upcoming estimated Transactional Email charges at any time by going to your billing information in your account.
9. If you use Transactional Email to send bulk emails or marketing emails in violation of our Acceptable Use Policy, then we may charge you for those emails at a rate that’s comparable to what we charge under one of our paid Monthly Plans and/or terminate your account.
10. If you select a currency other than the US Dollar, your charges will be subject to an unpublished exchange rate of Mailchimp’s choosing at the time of payment processing and then applied in your chosen currency.

Part E: Important Things for you to Know

You understand and agree:

1. Mailchimp may modify the terms of the Transactional Email offering, or cancel, terminate, disable, or discontinue its availability at any time.
2. Mailchimp may refuse service or limit, suspend, or terminate your access to Transactional Email at any time, with or without cause.
3. You may discontinue your use of Transactional Email at any time by disabling the feature in your account settings.
4. Transactional Email is meant for sending one-on-one informational messages to your customers. It is not to be used to send bulk emails, promotional or marketing emails, or emails to non-customers. It is your responsibility to consult with a legal advisor to make sure your use of Transactional Email is compliant with all applicable laws.
5. If required in the countries or jurisdictions where you are sending Transactional Emails, you represent that you will provide recipients with a method to contact you to opt out of receiving future communications. Furthermore, you agree to honor any opt out request you may receive from any recipients from receiving future Transactional Emails.
6. Mailchimp may revise, modify, or change these Additional Terms at any time. You may access the current version of these Additional Terms at any time (https://mailchimp.com/legal/additional-terms/#For_Transactional_Email) and you should review these Additional Terms regularly. Any modifications or changes will be effective immediately and apply to your continued use of Transactional Email.

Part F: Transactional Email Demo Terms

With the Transactional Email Demo, you can demo a limited version of Transactional Email without having to upgrade your Mailchimp account or buy Transactional Email blocks.

1. Eligibility Requirements for the Transactional Email Demo: To use the Mailchimp Transactional Demo, you must meet the following eligibility requirements:

   a. Have an active Mailchimp account in good standing - You must have a Mailchimp account with any Monthly Plan (including, but not limited to, our Free plan) but your account cannot be paused or have a compliance hold.

   b. Be a new user of Transactional Email - If you’ve previously purchased Transactional Email blocks, you are not eligible.

2. Limitations of the Transactional Email Demo: The Transactional Email Demo includes the following limitations:

   a. Each eligible Mailchimp account may only enroll in the Transactional Email Demo once.

   b. You can send up to 500 Transactional Emails to any email address on your verified domain. Read more about domain verification here.

   c. You can only send up to 25 emails in an hour and receive up to 100 inbound emails per day.

   d. The 500 Transactional Emails included with the demo do not expire or renew.

   e. You will immediately lose access to the demo if:

   i. You send all 500 Transactional Emails allotted with the demo. ii. Anything described in “Part C: Loss of Access to Transactional Email” occurs

   f. You must be able to utilize API/SMTP. If you need a developer to help you implement Transactional Email, visit our Experts Directory.

If eligible, learn more about how you can access the Transactional Email Demo.

Part G: Record Retention

Mailchimp’s current policy is to retain all sent Transactional Emails for 30 days from the date the email was sent. However, WE DO NOT GUARANTEE RETENTION OF ANY Transactional Email information. If you want to retain Transactional Emails or information about your Transactional Emails, then you are responsible for transferring and saving that data on your own.

Part H: Compliance with Laws and Mailchimp Terms

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including the Transactional Email Add-on, are suitable for you in light of such laws, rules, and regulations. Your use of Transactional Email, including the content of any emails you might create, is subject to review by Mailchimp. If you do not comply with our Terms that apply to your Mailchimp account, then any of the following actions may be taken as determined in our sole discretion:(1) we may refuse to send your Transactional Emails;(2) we may revoke your ability to use the Transactional Email Add-on; and/or (3) we may suspend or terminate your Mailchimp account.

Part I: Limits on Liability and Indemnification

Notwithstanding anything to the contrary, Mailchimp’s total liability for all claims concerning or related to your use of Transactional Email shall be limited to no more than the amount that you paid us for Transactional Email the preceding month. NEITHER MAILCHIMP NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS). NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRANSACTIONAL EMAIL IS PROVIDED AS-IS, WITHOUT ANY WARRANTIES WHATSOEVER.

You agree to indemnify and hold Mailchimp, its parents, subsidiaries, affiliates, employees, and agents harmless from any and all losses, including legal fees and expenses, arising out of or that otherwise result from your use of Transactional Email or from a third party’s use of your Transactional Email Add-on.

Effective July 14, 2020

For Unsplash Integration

Please read these Additional Terms carefully before using Unsplash images in your Campaigns via Mailchimp’s Unsplash integration (the “Unsplash Integration”). By using the Unsplash Integration you are agreeing to these Additional Terms.

Unsplash is not an affiliate, partner, agent, or representative of Mailchimp. Mailchimp does not own the Unsplash images and does not make any guarantees, representations or warranties of any kind to you regarding the ownership or content of, or your rights to use, any Unsplash images. When you add an Unsplash image to your Campaign via the Unsplash Integration, you agree to comply with all of Unsplash’s terms and conditions, which can be found here, including any restrictions on use contained therein. You are solely responsible for your use of the Unsplash Integration and Unsplash images and any losses or liabilities associated with that use. You also agree to indemnify and hold Mailchimp harmless from and against any and all claims, liabilities or losses, including all legal fees and expenses, arising out of or that otherwise result from your use of the Unsplash Integration and Unsplash images, including any claim of violation or infringement, or actual violation or infringement, of third party rights (such as intellectual property rights).

By uploading an Unsplash image to your Campaign, you acknowledge and understand that certain data about your use of the Unsplash Integration will be passed to Unsplash, including, but not limited to, each Unsplash image you view and upload via the Unsplash Integration.

These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Data Processing Addendum, Cookie Statement, Acceptable Use Policy, API Guidelines, Copyright and Trademark Policy, and Brand Guidelines), and the Standard Terms of Use continue to apply to your use of the Unsplash Integration. The ability to use the Unsplash Integration is considered part of the Service offered by Mailchimp (as defined in our Standard Terms of Use).

Effective October 21, 2020

For Websites

Welcome to Websites! “Websites” is a service that allows you to quickly and easily build a website and publish content all from within your Mailchimp account.

Please read these Additional Terms carefully. These Additional Terms apply to your use of Websites. This is a legal agreement. By continuing to use Websites, you are agreeing to these Additional Terms. These Additional Terms do not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use Policy, API Use Policy, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines), which also apply to your use of Websites.

Websites is part of the Service and your use of Websites is considered part of your use of Mailchimp. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use. If you have any questions about any of our terms, feel free to contact us.

Part A: Important Things for You to Know

1. Mailchimp may modify, suspend or discontinue Websites at any time. Mailchimp may limit, suspend, or terminate your access to Websites at any time, with or without cause. And if we do so, we are not liable to you for any modification, suspension, termination, or discontinuation.

2. Mailchimp may modify or change these Additional Terms from time to time. If we modify or change these Additional Terms in a material way, we will provide you notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of Websites.

Part B: The Service

1. With Websites, you can build a website and publish content by connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or purchasing a custom domain. You can also schedule Appointments (see Section D below) or build a Store (see Additional Terms for Stores).

2. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including Websites, is suitable for you in light of such laws, rules, and regulations.

3. We may offer HTTPS encryption for your Website. By connecting a domain you already own, customizing a subdomain to Mailchimpsites.com, or purchasing a custom domain, you allow us to maintain a certificate in order to provide HTTPS for your Website.

4. As between you and Mailchimp, you are solely responsible for compliance with all applicable tax laws and regulations in all applicable jurisdictions, including the collection and remittance of all sales taxes, use taxes, VAT, GST, and other applicable taxes and fees.

5. You understand and acknowledge that Mailchimp will send Appointment confirmation emails and Store purchase confirmation emails on your behalf to your customers. You acknowledge that your customers have consented to receive such emails related to their scheduled appointments and recent purchases.

Part C: Content

1. You represent and warrant that you own all rights or have permission to use, publish or share all of the material, content, data, links, and information (“Content”) on your Website.

2. You retain ownership of the Content that you upload to your Website. We may use or disclose your Content (including any personal information therein) only as described in these Additional Terms, Standard Terms of Use, Privacy Policy, and Cookie Statement.

3. We aren’t responsible for the Content that you share on your Website or the Content other Members share on their Websites. By operating Websites, we do not represent that any Member’s Content is accurate, complete, or legal.

4. We may view, copy, or internally distribute Content from your Websites and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve our Services. We use these Tools to find Members who violate these Additional Terms, our Standard Terms of Use or laws and to study data internally to make the Service smarter and create better experiences for Members and their visitors.

Part D: Mailchimp Appointments

1. Mailchimp may offer “Mailchimp Appointments” as an optional feature of Websites. Mailchimp Appointments allows your customers to schedule time and appointments with you. You may also upgrade to Advanced Scheduling if you would like to offer additional services or group services (see Section D(5) below for more information).

2. You understand and acknowledge that Mailchimp will send appointment confirmation emails on your behalf to your customers. You acknowledge that your customers have consented to receive such emails related to their scheduled appointments.

3. You are solely responsible for your appointment, for any and all statements and promises you make on your Website, and for all assistance, warranties, and support regarding your services. You are solely responsible for, and bear all costs of, procuring and delivering your services on your Website to your customers and for providing the services in a safe, reasonable, timely and professional manner. You represent and warrant that you will provide valid contact information on your Website for any questions, complaints or claims made by your customers.

4. You represent and warrant that you will comply with all marketing laws, including, but not limited to, the Telephone Consumer Protection Act.

5. Advanced Scheduling

   • You may upgrade and purchase Advanced Scheduling as an add-on to your Mailchimp account (please see Section 12 of our Standard Terms of Use for more information regarding add-ons).
   • Pricing for Advanced Scheduling is available in-app at point of purchase. All prices are exclusive of applicable taxes.
   • When you sign up for Advanced Scheduling (“Sign Up”), you agree to monthly recurring billing. All fees paid are non-refundable.
   • Payment Terms:
     (i) If you have a Monthly Plan (as that term is defined in our Standard Terms of Use) and your Sign Up date is any day other than your Pay Date (as that term is defined in our Standard Terms of Use), you will be billed on your Sign Up date for a payment that is prorated based on the number of days between your Sign Up date and the first Pay Date following your Sign Up date (the “First Pay Date”), and then you will be billed for the monthly price of Advanced Scheduling on the First Pay Date; if your Sign Up date is the same day as your First Pay Date, you will be billed for the monthly price of Advanced Scheduling in advance on that Pay Date.
     (ii) If you have a Free Plan (as that term is defined in our Standard Terms of Use), you will be billed for the monthly price of Advanced Scheduling in advance on your Sign Up date, and that date will constitute your “First Pay Date” for the purposes of these Additional Terms. If you purchase a Monthly Plan at any time thereafter, we will adjust your billing to align your payment dates for Advanced Scheduling with your Pay Date and your first payment for Advanced Scheduling after you purchase a Monthly Plan will be adjusted accordingly.
     (iii) Advanced Scheduling will renew automatically monthly and you will be billed for successive months on each Pay Date unless and until you cancel your Advanced Scheduling add-on in your account settings in-app at least one (1) day prior to the next Pay Date.
     (iv) If your payment method fails at any time, we may temporarily or permanently suspend your access to and the functionality of Advanced Scheduling.
     (v) We may modify or change our fees and pricing structure for Advanced Scheduling at any time.
     (vi) No refunds will be granted for Advanced Scheduling for any reason.

Part E: Liability and Privacy

1. You agree to maintain your Website in full compliance with these Additional Terms, as well as our Standard Terms of Use and other policies, including the Registrar’s terms of service, if applicable. We may unpublish, suspend or terminate your Website and/or suspend or terminate your Mailchimp account if you violate any of these terms.

2. We are not liable for your relationship with end users to your Website and how you interact with them, including your collection of personal information. You can visit Mailchimp’s Cookie Statement at any time for a general description of the tracking technologies that can be employed by a Mailchimp Member through the use of Mailchimp (see the Section entitled “Cookies served through the Services”) or you can revisit the Websites creator for descriptions of the tracking technologies

3. If applicable law requires, you must provide and make available a legally compliant privacy policy and cookie statement on your Website. You must obtain from your end users all necessary consents required by applicable law to deploy cookies and other tracking technologies on your Websites. It is your responsibility to consult with a legal advisor to make sure your use of Websites is compliant with all applicable laws.

4. You must maintain a customer complaints handling process that includes an easily accessible avenue by which your customers may contact you to raise complaints about your Website or the products and services that you offer. Mailchimp may provide an additional avenue for your customers to contact Mailchimp with complaints, but doing so will not trigger any liability or legal or other obligations for Mailchimp. Mailchimp will endeavor to resolve customer complaints it receives related to the functioning of the Websites product; all other customer complaints are your responsibility. If Mailchimp becomes aware that you repeatedly fail to address complaints from your customers in a timely manner, Mailchimp reserves the right to suspend or terminate your Website and your account.

5. We cannot guarantee the security of every data transmission over the internet.

6. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of Websites or from a third party’s use of your Website.

Updated July 28, 2021