Legal

Legal - Additional Terms

Effective August 26, 2024

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. Each add-on is considered part of the Mailchimp Service.

These Additional Terms form a legally binding agreement between you and The Rocket Science Group LLC d/b/a Mailchimp (“Mailchimp”, “we,” or “us”) and are hereby incorporated by reference into Mailchimp’s Standard Terms of Use. In the event of a conflict between these Additional 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 Service. In cases where the Additional Terms do not address specific provisions included in the Standard Terms of Use, the Standard Terms of Use will apply. Capitalized terms used and not otherwise defined in these Additional Terms have the meanings given to those terms in our Standard Terms of Use.

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 or, if otherwise specified, on the effective date that is posted on the modified or changed Additional Terms. Your use of the applicable add-on after any change or amendment means you agree to the new Additional Terms. If you do not agree to the new Additional Terms or if we terminate these Additional Terms, you must stop using the applicable add-on.

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”).

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.

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 Mailchimp Offerings. To receive access to paid Mailchimp 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).

Note: this Part B, Section 2 does not apply to Paid-via-Vendor Apps (see 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, Third-Party Apps will be enabled or paid directly to the third-party Vendor through the 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. You acknowledge and agree that by ordering, installing, or enabling any Paid-via-Vendor Apps, you are entering into Vendor Terms directly with the applicable third-party Vendor. Any discounts offered to you by a third-party Vendor, including the redemption thereof, will be between you and such third-party Vendor. Mailchimp is not responsible for compliance with any third-party discount. For any Third-Party App, including any Paid-via-Vendor Apps, your usage of the Third-Party Apps will be governed by the applicable Vendor Terms, as described in Part C. 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 Offering and your use of the Offering are subject to 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.

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.

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 the Global Privacy Statement.

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.

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.
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.

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

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

Part G: Term and Termination

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.
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 and as set forth below.
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

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.
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.
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.
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.
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 IN THE 12 MONTHS IMMEDIATELY PRECEDING THE BREACH OR (2) FIFTY DOLLARS (US$50).
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.
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.
Mailchimp Affiliates and Contractors. You acknowledge and agree that Mailchimp’s affiliates, contractors and service providers are express third-party beneficiaries of Part H, Sections 4 (Disclaimer of Warranties) and 5 (Limitations of Liability) and as such 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.

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 Meta 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:

Mailchimp may modify, change, or discontinue the ability to integrate Connected Sites with your Mailchimp account at any time.
Mailchimp may refuse service or limit, suspend, or terminate your use of Connected Sites integrations at any time, with or without cause.
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.
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:

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.
Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the Service.
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.

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, its affiliates, and its and their officers, agents and employees, independent contractors, and representatives harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to a breach of the foregoing representation and warranty.

For Domains

Welcome to Domains! “Domains” is a service that allows you to associate your private domain with 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

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.
To use your domain to publish web content with Mailchimp, you must obtain a paid Websites account
You must purchase all domains or subdomains through a third party. Mailchimp does not sell domains. We do not offer domain registration services.

Part B: Liability

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

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

Mailchimp may modify the Ad Buying Feature or discontinue its availability at any time.
Mailchimp may refuse service or limit, suspend, or terminate your access to the Ad Buying Feature at any time, with or without cause.
You may discontinue your use of the Ad Buying Feature at any time.
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 Meta pixel, Business Tools Terms.
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.
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 Meta 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 Meta 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 Meta 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 Meta pixel on your Site or Landing Page to enable Facebook remarketing ads, the Meta 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.

Facebook Custom Audience Terms

Facebook Custom Audience Terms may be updated from time to time and are currently available here: https://www.facebook.com/legal/terms/customaudience.

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

Mailchimp may modify the Google Ad Buying Feature or discontinue its availability at any time.
Mailchimp may refuse service or limit, suspend, or terminate your access to the Google Ad Buying Feature at any time, with or without cause.
You may discontinue your use of the Google Ad Buying Feature at any time.
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.
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.
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.

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.

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 Service”), or you can revisit the landing pages or Websites created 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.

For Mailchimp Customer Relationship Management Beta

Welcome to the Mailchimp Customer Relationship Management (“CRM”) Beta! The Mailchimp CRM Beta (“Beta Product”) allows you to track prospective leads and create emails and other content in Inbox through generative artificial intelligence.

Please read these Additional Terms carefully. These Additional Terms apply to your use of the Beta Product. By continuing to use the Beta Product, you are agreeing to these Additional Terms. These Additional Terms do not replace Mailchimp’s Standard Terms of Use and Privacy Statement, which also apply to your use of the Beta Product. The Beta Product is currently part of the Service and your use 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: 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 general public and that is for evaluation or testing purposes only. For the avoidance of doubt, not all features of the CRM will be made available to everyone. For example, some features may be limited to United States residents only.
You may participate in the Beta, and use the Beta Product, by our invitation or upon request. You must meet Mailchimp’s eligibility criteria to participate in the Beta, including, but not limited to, having an active Mailchimp account and are in good standing for the duration of the Term. If you cease to meet our eligibility criteria, or your Mailchimp account is suspended for violations of Mailchimp’s Standard Terms of Use, we may immediately terminate your participation in the Beta.
Mailchimp may limit, modify, suspend, discontinue, or terminate your access to the Beta Product at any time, with or without cause (without notice to you). Mailchimp may also separate the Beta Product from the Services at any time (without any notice to you). And if we do so, we are not in any way liable to you for any limitation, modification, suspension, discontinuation, termination, or separation. Without limitation, the laws and regulations governing artificial intelligence and related technology are uncertain and evolving, and the ability to use the Beta Product may be adversely impacted in the future.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Beta Product. 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 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.
Without limiting any other disclaimers in Mailchimp’s Standard Terms of Use, you expressly understand and agree that your access to and use of the Beta Product is at your sole risk, and that the Beta Product is provided on an "as is", “as available”, and “with all faults basis”, and is provided without warranties of any kind, whether express or implied. To the maximum extent permitted by law, Mailchimp disclaims any and all representations and warranties, express or implied with respect to the Beta Product. without limiting the generality of the foregoing, Mailchimp disclaims, to the maximum extent permitted by law, any and all (i) warranties of merchantability, title, or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to delays, interruptions, errors, or omissions in the Beta Product, or any part thereof; (iv) warranties that the Beta Product is free of viruses or other harmful components; (v) warranties relating to the accuracy or correctness of the Beta Product, or any content or other material generated using the Beta Product; (vi) warranties relating to privacy or security of the Beta Product or otherwise relating to performance, nonperformance, or other acts or omissions by Mailchimp or any third party; and (vii) warranties that may arise from course of dealing or usage of trade. further, and without limiting the generality of any of the foregoing, there is no warranty that the Beta Product, or any content or other material generated thereby, will meet your needs or requirements or the needs or requirements of any other person. Mailchimp makes no warranties or representations, express or implied, that your access to or use of the Beta Product will be free from error, inaccuracies, omissions, interruption, defect, or delay. Mailchimp is not liable to you if, for any reason, the Beta Product is unavailable at any time or for any period. The content and other material that is generated using the Beta Product may not be protectable under law, and Mailchimp makes no warranties or representations, express or implied, that any such material is protectable under law, including under any copyright or other intellectual property or proprietary rights law.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

Part B: Important Things for You to Know

You are responsible for ensuring that any text, e-mails, instructions, information, materials, or other content you make available while using the Beta Product (collectively, “Inputs”) are appropriate and permissible under Mailchimp’s Standard Terms of Use and that you have the right to use such Inputs. For the avoidance of doubt, Inputs are “Content” for purposes of the Standard Terms of Use.
At this time, the service is only available in English but may open to additional languages in the future.
You are also responsible for any information, materials, or other content you generate using the Beta Product (collectively, “Outputs”). You acknowledge that Outputs may not be accurate, complete, reliable, or otherwise fit for use (including from a legal and/or business perspective), and you must carefully review any Outputs before adding it to a Campaign or otherwise using it to ensure that the information or content is accurate, lawful, and otherwise appropriate and permissible under Mailchimp’s Standard Terms of Use. You understand and agree that Outputs may not be unique across all our users and the Beta Product could generate the same or similar Output for other users. In addition, other users may ask similar questions and receive the same, similar or different responses. You are not required to use any Outputs and should modify it as appropriate to ensure compliance with applicable laws, as well as these Additional Terms and Mailchimp’s Standard Terms of Use. For the avoidance of doubt, Outputs are also “Content” for purposes of the Standard Terms of Use.
Where appropriate, or in the event such a disclaimer is required by Mailchimp, you will include as part of any Campaign or Content that you develop using the Beta Product a disclaimer to end users that the applicable Campaign or Content has been created using generative AI, may contain errors and should be independently verified.
Due to the nature of generative AI, Outputs may not be unique and the Beta Product may generate and/or provide the same or similar Outputs for you as it generates and/or provides for other users. For clarity, Outputs generated 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 allow you 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.
Without limiting Mailchimp’s rights otherwise set forth in these Additional Terms or Mailchimp’s Standard Terms of Use, by using the Beta Product you hereby grant Mailchimp and OpenAI (and their agents, employees, officers, directors, independent contractors, affiliates, subsidiaries and representatives) a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicenseable (through multiple-tiers) license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from (including derivative works of) and process any and all Inputs and Outputs (including any intellectual property contained therein or embodied thereby) for any purpose, including to develop and improve 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 and similar products and features, and you instruct us to process Customer Data for such purposes. You may opt-out of having your Content used for these purposes by visiting your account settings.
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: Your Use of the Beta Product

You agree to use the Beta Product in accordance with Mailchimp’s Acceptable Use Policy (“AUP”). Without limiting the scope of the AUP, you also agree not to use the Beta Product to:

create or send any content that is unlawful, harmful, threatening, abusive, vulgar, obscene, pornographic, invasive of another’s privacy, or is otherwise objectionable;
create or transmit any content that you do not have a right to make available;
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);
use or attempt to use the Beta Product (or 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;
modify, decompile, reverse engineer, disassemble or reproduce any of the Mailchimp licensed or owned software, systems, applications or components used; or
use deceptive, misleading, or unethical practices that are or might be detrimental to Mailchimp or the general public, such as to disseminate misinformation and/or malware.

Unless expressly permitted by the content owner or by applicable law, you will not do the following with content returned from Mailchimp CRM:

scrape, build databases, or otherwise create permanent copies of content, or keep cached copies of content longer than permitted by the cache header;
copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense content to any third party;
misrepresent the source or ownership of content;
remove, obscure, or alter any copyright, trademark, or other proprietary rights notices of content; or
falsify or delete any author attributions, legal notices, or other labels of the origin or source of material of content.

If you connect your Google account with Mailchimp CRM, you also agree to comply with Google API Terms of Service and any additional applicable Google terms or policies.

Without limiting any right of Mailchimp, we may immediately suspend or terminate your access to Mailchimp CRM or any content generated thereon if we believe (according to our discretion) that you violated this Part C.

You shall ensure that no one younger than 18 years old accesses your Mailchimp account and that none of your Contacts are younger than 18 years old.

Mailchimp’s use of the information received from Gmail APIs will adhere to the Google User Data Policy, including the Limited Use Requirements.

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 the Beta Product is suitable for you in light of such laws, rules, codes, regulations, and policies (including those governing the use of artificial intelligence and related technology and those governing the monitoring or recording of conversations and obtaining the consent of subjects for our monitoring and creating a record of your conversations).
By using the Beta Product, you authorize Mailchimp to create and store transcripts of your conversations with Contacts. You will receive a notification when transcript creation is enabled. If you do not consent to Mailchimp creating a transcript of your recording, you can choose to leave the recorded session.
You acknowledge and agree that in order to use certain features of the Beta Product, Mailchimp may require your Contacts to provide certain information as prompted by the account registration form (“Contact Account Information”). Mailchimp shall have no liability for the accuracy of such Contact Account Information and Mailchimp may use Contact Account Information for Mailchimp’s own lawful business purposes.
You agree to use the Beta Product (and any Outputs) in full compliance with these Additional Terms, as well as our Standard Terms of Use, Acceptable Use Policy, and other policies. You are responsible for ensuring that all Contacts follow Part C of these Additional Terms and Mailchimp’s AUP.
If you do not comply with these Additional Terms, or the Standard Terms of Use, we may, in our sole discretion, limit, suspend, revoke, or terminate your access to the Beta Product or any of its features, and/or suspend or terminate your Mailchimp account (without any notice to you).
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 Outputs and generated content prior to sending any campaigns through Mailchimp or otherwise using the Outputs. Without limiting any other requirement herein, you shall ensure that sending the Output would not infringe any third party’s intellectual property or proprietary right. Mailchimp is not liable for any content you send through the Service.
You represent and warrant that (i) you shall provide or make available to Mailchimp personal information in compliance with applicable laws, with proper notice and consent for the collection and use of such personal information, as required for Contacts to participate in video conversations from which Mailchimp may create a transcript, and in compliance with your own privacy policies, and (ii) you have procured all rights, licenses, and consents, and have all power and authority necessary to provide such personal information.
You agree to indemnify, defend, and hold us and our Team harmless against all losses, costs, claims, and liability (including, without limitation, legal fees and expenses) that we may incur in connection with your access to or use of the Beta Product including, but not limited to, (i) your failure to abide by these Additional Terms, our Acceptable Use Policy, or the Standard Terms of Use (ii) the act or omission of any Contact with whom you connect with through the Beta Product.

For Mobile SDK

Welcome to the Mobile SDK! 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 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:

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.
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.
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, fully paid-up, transferable, worldwide, irrevocable, perpetual, sublicensable license to use your feedback and suggestions in any way, including in the Mobile SDK or the Service, other products or services, advertising or marketing materials.

Part B: Your use of the Mobile SDK

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).

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.

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.

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 MOBILE 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 (including our Standard Terms of Use), the terms of the License Agreement will control as to each party’s rights and responsibilities related to the Mobile SDK. In cases where the License Agreement does not address specific provisions included in the Additional Terms or the Standard Terms of Use, the Additional Terms and Standard Terms of Use will apply, as applicable, supplementing the License Agreement. As used herein, the terms “include” and “including” mean “including without limitation.”

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:

Mailchimp may modify, change, or discontinue the Feature at any time.
Mailchimp may refuse service or limit, suspend, or terminate your use of the Feature at any time, with or without cause.
You may discontinue your use of the Feature at any time.
The Feature allows you to process your customers’ payments via Stripe, PayPal, or Venmo (each a “Payment Processor”), as applicable. By using the Feature, you also agree to comply with all of Stripe’s, PayPal's, and Venmo's policies, as applicable. 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.
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 the Global Privacy Statement. 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.
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.
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.
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.
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.

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

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.
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.
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, fully paid-up, transferable, worldwide, irrevocable, perpetual, sublicensable license to use your feedback and suggestions in any way, including in the Preferences Center Builder or the Service, other products or services, advertising or marketing materials.
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.
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.
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

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.
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.
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.
Please note that any tracking you deploy on your Mailchimp website, may not be available on your preferences center.
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.
We cannot guarantee the security of every data transmission over the internet.

For Shutterstock Integration

Please read these Additional Terms carefully before using Shutterstock images (“Shutterstock Image(s)”) in your Campaigns, or in connection with other Services, via Mailchimp’s Shutterstock integration (the “Shutterstock Integration”). By using the Shutterstock Integration, you are agreeing to these Additional Terms.

Shutterstock is not an affiliate, partner, agent, or representative of Mailchimp. Mailchimp does not own the Shutterstock 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 Shutterstock Image. You are solely responsible for your use of the Shutterstock Images and any losses or liabilities related to or arising out of any such use. When you add Shutterstock Images to your Campaign, or use Shutterstock Images in connection with other Services, you agree to comply with all of Shutterstock’s terms and conditions, which can be found here, including the following restrictions:

You may not use the Shutterstock Images as a trademark for a business.
You may not portray a person in a way that may be (a) offensive; (b) in ads for dating services; (c) in connection with political endorsements; (d) with defamatory, unlawful, offensive or immoral content; or (e) as suffering from, or being treated for, a physical or mental ailment.
You may only use Shutterstock Images in ads and content on Facebook, and not in connection with other websites or advertising services.
You may not download any content in its original, unaltered form outside of the Intuit Platform.

You further acknowledge and agree that certain data about your use, including each Shutterstock Image you view and upload, will be passed to Shutterstock.

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:

You pause your Mailchimp account;
You cancel or close your Mailchimp account;
You downgrade your Mailchimp account to an Essentials plan or Free plan;
You disable your Transactional Email Add-on in your account settings;
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:

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.
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.
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.
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.
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.
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).
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.
You may preview your upcoming estimated Transactional Email charges at any time by going to your billing information in your account.
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.
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:

Mailchimp may modify the terms of the Transactional Email offering, or cancel, terminate, disable, or discontinue its availability at any time.
Mailchimp may refuse service or limit, suspend, or terminate your access to Transactional Email at any time, with or without cause.
You may discontinue your use of Transactional Email at any time by disabling the feature in your account settings.
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.
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.

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.

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.
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, the total liability of Mailchimp and our third party providers, licensors, distributors or suppliers to you for all claims arising out of or relating your use of Transactional Email or these Additional Terms 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 INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, DATA, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS ). NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRANSACTIONAL EMAIL IS PROVIDED AS-IS, WITHOUT ANY WARRANTIES WHATSOEVER.

For Unsplash Integration

Please read these Additional Terms carefully before using Unsplash images (the “Unsplash Image(s)”) in your Campaigns, or in connection with other Services, 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, 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 related to or arising out of any such use.

You further acknowledge and agree 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.

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

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.

Part B: The Service

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).
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.
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.
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.
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

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.
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, our Standard Terms of Use, the Global Privacy Statement, and our Cookie Statement.
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.
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

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

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

Pop Up Forms Add-On

Welcome to Pop-up Forms! Please read these Additional Terms carefully. These Additional Terms apply to your use of the Pop-up Forms in Mailchimp. This is a legal agreement. By clicking “Pay Now” and continuing to use Pop-up Forms, 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 continue to apply to your use of Mailchimp.

Pop-up Forms are part of the Service and your use of Pop-up Forms 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.

A. Payment Terms

Pop-up Forms is an additional service to your Mailchimp account and will be billed separately from your Paid Marketing Plan, if you have one (please see Section 13 of our Standard Terms of Use for more information regarding add-ons). If you are using Pop-up Forms as a Member on a Free Marketing Plan, please see Section 7 of our Standard Terms of Use.
Pricing for Pop-up Forms has been provided to you separately via email from a Mailchimp Sales representative and the terms stated in that email are incorporated into and considered a part of these Additional Terms. If you are a Mailchimp Standard or Premium plan user using Pop-up Forms, and you downgrade to an Essentials or Free Marketing Plan, your pricing for Pop-Up forms will be affected. You agree to pay for Pop-Up Forms, and you authorize Mailchimp to charge your credit card for such use.
When you sign up for Pop-up Forms, you agree to monthly recurring billing, starting on the date you sign up. If you are on a Free Marketing Plan, billing occurs on the same day each month, based on the date that you first started paying for your Pop-up Form monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you are an existing Mailchimp customer with a Paid Marketing Plan when you sign up for Pop-up Forms, your Paid Marketing Plan billing date will serve as the basis for your billing for Pop-up Forms, meaning that your Pop-up Form fees for your first billing month will be prorated based on the number of days remaining in your Paid Marketing Plan billing cycle. At the renewal of the next billing cycle, you will be charged the full monthly amount for Pop-up Forms and your Paid Marketing Plan. If, after subscribing to Pop-Up Forms, you decide to upgrade to a Paid Marketing Plan, your fees for the first month for the Paid Marketing Plan will be pro-rated based on the number of days remaining in your current billing cycle. At the renewal of the next billing cycle, you will be charged the full monthly amount for Pop-up Forms and your Paid Marketing Plan.Billing for Pop-up Forms may be canceled or terminated by contacting us as set forth in the Termination section below. You agree to provide current, complete, and accurate purchase and account information for billing purposes.
We may modify or change our fees and pricing structure for Pop-Up forms at any time.
No refunds will be granted for any use of the Pop-up forms.
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 Pop-up Forms, 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.
You agree to make all payments owed for your use of the Pop-up forms in accordance with these Additional Terms and 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 Pop-up Form use.

B. Term and Termination

To cancel or terminate your use of Pop-up Forms, use our contact form at https://mailchimp.com/contact/, select Billing, select Account Management topic, and submit a ticket with "Pop up Forms Cancellation" in the subject line. Cancellation is effective at the end of the current billing period. If you cancel before the end of a billing period, you will have access to Pop-Up Forms through the end of that billing period. Terminating your use of Pop-Up Forms will not affect your Mailchimp marketing plan.
These Additional Terms shall be in effect as of the date you agree to use the Pop-up Forms and shall continue until September 26, 2025, unless you contact us to terminate your use earlier.
Mailchimp may modify the terms of the Pop-up Forms offering, including features and functionality, or cancel, terminate, disable, or discontinue its availability at any time. Without limiting any other disclaimers or warranties in Mailchimp’s Standard Terms of Use, you expressly understand and agree that Pop-up Forms are provided on an "as is” basis.
Mailchimp may refuse service or limit, suspend, or terminate your access to Pop-up Forms at any time, with or without cause.

C. Form Retention

WE DO NOT GUARANTEE RETENTION OF ANY Pop-up Form information. If you want to retain a Pop-up Form or information about your Pop-up Forms, then you are responsible for transferring and saving that data on your own.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including Pop-up Forms, is suitable for you in light of such laws, rules, and regulations. Mailchimp accounts suspended for violations of the Mailchimp Standard Terms of Use or for any other reason may be ineligible for use of the Pop-up Forms.

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Part A: Introduction

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Part F: Transactional Email Demo Terms

Part G: Record Retention

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Pop Up Forms Add-On