Please read these Migrate 2 Mailchimp (“M2M”) Terms & Conditions (“M2M Terms”) carefully. By signing up for the M2M program (the “Program”), you’re agreeing to these M2M Terms, which will result in a legal agreement between you and The Rocket Science Group LLC d/b/a Mailchimp (collectively, “Mailchimp,” “we,” or “us”). Mailchimp is part of the Intuit group of companies and our parent entity is Intuit Inc. Capitalized terms used and not otherwise defined in these M2M Terms have the meanings given to those terms in our Standard Terms of Use and/or Privacy Policy. Where there is a conflict between the M2M Terms and the Standard Terms of Use, the M2M Terms will control the extent of the conflict.
By clicking “I agree” and entering your email address below, you are agreeing to these M2M Terms during the Term (as defined in Section 3 below)
- Eligibility. In order to be eligible to participate in the Program (each eligible customer, a “Customer,”), you must satisfy the following requirements:
- Be a new Mailchimp customer;
- Have not participated in the Program or Premium Migration Services in the past; and
- Enroll in a paid Mailchimp Premium marketing plan;
After Mailchimp has reviewed your eligibility and approved you to participate, we will match you with a migration specialist of our choice (a “Migration Specialist”) who will review and discuss your marketing goals and migration needs and perform appropriate migration services (the “Services”) in your Mailchimp Account.
You agree to comply with these M2M Terms, and you additionally acknowledge your responsibility for the compliance of anyone using the Program on your behalf. You acknowledge and agree that, in order for a Migration Specialist to provide Services to you in connection to the Program, you will be required to provide the Migration Specialist with access to your account(s). You agree to complete and return the CSAT Survey that Mailchimp will send to you following completion of the Services. More details about connecting accounts can be found at the following URL:
https://mailchimp.com/help/connect-client-accounts/.
- Scope of Services. The Services provided by a Migration Specialist may include the following categories of migration and/or migration-adjacent services.
- Contact List Import
Audience/List Management
- List import, audience audit, clean up (segmentation of inactive, tag, field, group audit, bringing over historical behavioral data)
- Automations / CJB / Flows
- Recreate Email Templates
- Webforms
- SMS Setup
Integrations: This is limited to enabling integrations with platforms currently available from Mailchimp as specified below:
- Native: Shopify, Squarespace, MailMunch, Canva, WooCommerce, Zapier, Big Cartel, Squarespace Commerce, BigCommerce
- Custom: Salesforce, Prestashop
The Migration Specialist assigned to you will contract with you directly for the Services. The Migration Specialist will be required to complete provision of any agreed-upon and approved Services within sixty (60) days of the start date for such Services, as shall be set forth in the approved and fully executed SOW.
If you are unresponsive at any point during the Program process, Mailchimp reserves the right, within its sole discretion, to terminate your existing match to a Migration Specialist and/or terminate your enrollment in the Program. You will be considered unresponsive for the purposes of this Program if you a) fail to respond to outreach from Mailchimp or your Migration Specialist within seventy-two (72) business hours, at which point you will receive an official warning, and then b) fail to respond to Mailchimp or your Migration Specialist within seventy-two (72) business hours for a second time.
If your assigned Migration Specialist is unresponsive to you or Mailchimp, or fails to deliver the agreed-upon service at any point during the Mailchimp Migration Services process, we reserve the right to terminate their participation in the Program moving forward, and reassign you to a different Migration Specialist.
3. Term and Termination. The “Term” of your participation in the Program commences on the date you accept these M2M Terms and continues until the earliest of a) you have received finalized Services in connection to your engagement with the Migration Specialist, b) your participation in the Program is terminated by either you or Mailchimp; or c) sixty days from the start date for the Services (“Termination”). If you choose to terminate your participation in the Program, you may do so at any time by communicating your intentions to Mailchimp. Your decision to terminate your participation in the Program, however, will not necessarily have any effect on any contract or other agreement that you may have in place with your Migration Specialist. Following the Term, these M2M Terms will be of no further effect as applied to you.
4. Data Privacy.
(a) You agree and acknowledge that your participation in the Program, and any personal information processed thereunder, is subject to Mailchimp’s Privacy Policy available at https://www.intuit.com/privacy/statement or any successor URL. Any other privacy policies shall apply as disclosed to you. You are responsible for ensuring that your participation in the Program complies with Data Protection Laws. Without limiting the foregoing, you represent, warrant and covenant that you have provided notice and obtained (or will obtain) any notices and/or obtain any consents and rights required to enable your participation in the Program.
(b) You acknowledge that we may record our telephone and/or video conversations with you with or without warning and you consent to such recording. We may use these recordings for any purpose not prohibited by the Mailchimp Privacy Policy.
5. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OFFER MAILCHIMP MIGRATION SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, AS WELL AS WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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.
6. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAILCHIMP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except for damages resulting from the breach of any representations or warranties or confidentiality obligations, fraud or fraudulent misrepresentation, infringement of another party’s intellectual property rights, or any indemnities contained in these M2M Terms, neither Mailchimp, Intuit, nor you will be liable for special, incidental, consequential, indirect, punitive, or other similar damages, even if a party or any of its employees or representatives has been advised of the possibility of such damages.
7. Indemnification. You agree to defend, indemnify and hold harmless us, our providers, and any of our affiliates, including any of our or their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from: (i) your use of the Program (or any part thereof) not in accordance with these M2M Terms; (ii) breach of any term of these M2M Terms, by you or anyone using your account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Program, including but not limited to a breach of your agreement with any other user; (iv) your violation of the Mailchimp Privacy Policy, any third party intellectual property rights, privacy rights or other rights through your use of the Program, or provision of information; and (v) your violation of any applicable law or regulation, including, without limitation, any Data Protection Laws applicable your use of the Program.
8. Modification of Services. We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Program (or any part thereof) without notice, at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Program (or any part of the Program).
9. Amendment of Terms. We may modify or change these M2M Terms from time-to-time, at our sole discretion and without any notice. If you do not agree to the new M2M Terms, or if we terminate these M2M Terms, you must stop using the Program.