Mailchimp Generative AI Beta Terms
Welcome to the Mailchimp Generative AI Beta! The Mailchimp Generative AI Beta (“Beta Product”) allows you to utilize generative artificial intelligence features made available by Mailchimp via the Service to help you create Campaigns (“Content Generation”), analyze your performance, organize Contacts, and more.
You understand and agree that:
Part A: Your Participation in the Beta
- You will be participating in and using the beta version of the Beta Product. “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 suggestions, comments, input or other feedback (“Feedback”) regarding the Beta Product and Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Beta Product and Service or to develop new features and services.
- The existence, name, design, and functionality of the Beta Product and all of the information provided to or disclosed to you relating to the Beta Product is Mailchimp’s confidential information (“Confidential Information”). You agree not to disclose any Confidential Information to another party without the express, prior written permission of Mailchimp. You further agree that any unauthorized use of Confidential Information could cause Mailchimp irreparable harm in such a manner that remedies at law may be inadequate. Therefore, in addition to any other rights Mailchimp may have at law, Mailchimp may be entitled to seek equitable relief, including temporary and permanent injunctive relief (meaning we may request a court order to stop you). This section survives any expiration or termination of these Additional Terms.
- Certain functionality available in your Mailchimp account will not be available for this Beta Product. By participating in the Beta, you acknowledge and understand that this functionality is not available for the Beta. At this time, the Beta Product is only available in English, but may open to additional languages in the future.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Part B: Important Things for You to Know
- Due to the nature of generative artificial intelligence, Outputs may not be unique and the Beta Product may generate and/or provide the same or similar Output for you as it generates and/or provides for other users. For clarity, Outputs for other users are not considered your Content.
- You acknowledge and agree that Mailchimp leverages certain third parties, such as Microsoft Azure and OpenAI, to provide the Beta Product, including to generate Outputs and to process and store Inputs and Outputs in private hosting environments. By using the Beta Product, you authorize and agree that such third parties may access, use, and store any Inputs and Outputs pursuant to their relevant terms and privacy policies. To the extent that Inputs and Outputs contain Customer Data (as defined in the Data Processing Addendum), you agree that Microsoft Azure and OpenAI will act as Sub-processors to provide the Beta Product.
- We may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the Beta Product, the Services, and similar products and features, and you instruct us to process Customer Data for such purposes. You may select preferences about your data by visiting your account settings.
- The Beta Product may not be generally available to all of our Members or the general public. Content Generation may not be available to all industries.
- Mailchimp may modify, suspend or discontinue the Beta Product at any time (without any notice to you). Mailchimp may limit, suspend, or terminate the Beta Product or your participation in or access to the Beta Product at any time, with or without cause. And if we do so, we are not in any way liable to you for any modification, suspension, termination, or discontinuation. Without limitation, the laws and regulations governing artificial intelligence and related technology are uncertain and evolving, and the ability to use the Beta Product and/or Outputs may be adversely impacted in the future.
- 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 Beta Product.
- You may discontinue your use of the Beta Product at any time.
Part C: Use
- You agree to use the Beta Product in accordance with Mailchimp’s Acceptable Use Policy.
- You also agree not to use the Beta Product to:
- a. create or send any content that is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, fraudulent, invasive of another’s privacy, entices violence or hatred, misleading, or otherwise objectionable;
- b. create or transmit any content that you do not have a right to make available;
- c. impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity or create or send any content that does so;
- d. use or attempt to use the Beta Product (or any Inputs or Outputs) for any purpose that is in violation of any applicable law, would create any legal obligations or liability for Mailchimp, or is otherwise an infringement on the rights of any person or entity;
- e. modify, decompile, reverse engineer, disassemble or reproduce any of the Mailchimp licensed or owned software, systems, applications or components used; or
- f. use deceptive, misleading or unethical practices that are or might be detrimental to Mailchimp or the general public.
- You also agree not to use Content Generation to create or send any content related to alcohol, tobacco, weapons, cannabis, vaping, health, medicinal products, promoting child abuse or exploitation, terrorism, violent extremism, or financial advice or services.
Part D: Liability and Privacy
- You are responsible for understanding and complying with all applicable laws, rules, codes, regulations, and policies currently in effect, as they are amended and as they become effective, that are applicable to your use of the Beta Product (and any Outputs) and determining whether our Service, including the Beta Product (and any Outputs), is suitable for you in light of such laws, rules, and regulations (including any applicable carrier requirements).
- We cannot guarantee the security of every data transmission over the internet.
- You are liable for any content sent through the Service. Without limitation to the other provisions of this Additional Terms, it is your responsibility to review all generated content prior to sending any email campaigns through Mailchimp. Mailchimp is not liable for any content you send through the Service.
- You agree to indemnify and hold us and our Team harmless against all costs, claims, and liability that we may incur in connection with your use of and reliance on the Beta Product including, but not limited to, your Outputs and failure to abide by these Additional Terms.