Legal

Additional Terms

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.

Additional Terms of Use for Connected Sites

These Additional Terms apply to any Mailchimp account that has a website or store (“Connected Site” or “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 Site to Mailchimp you are agreeing to these Additional Terms.

When you connect your Site with Mailchimp, you agree that Mailchimp may automatically install a JavaScript tracking snippet on your 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 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 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 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.
  • Remarketing Ads: the Javascript snippet will install a Google tracking pixel on your Site and will allow your Site to deploy a Mailchimp cookie that recognizes visitors to your 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.
  • Popup Forms: the Javascript snippet will allow your Site to deploy a Mailchimp cookie that recognizes whether a visitor to your 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 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 Site adequately discloses your tracking practices and use of cookies, pixels, and similar technologies in a Privacy Policy, Cookie Statement, or other disclosure.

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

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

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

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

These Additional Terms do not replace Mailchimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use continue to apply once you have connected your Site to your Mailchimp account. The ability to connect a Site is considered part of the Services offered by Mailchimp.

Effective September 13, 2018

Additional Terms of Use for Facebook and Instagram Ad Buying Through Mailchimp

Introduction

Welcome to Facebook and Instagram Ad Buying Through Mailchimp. Ad Buying Through Mailchimp allows you quickly and easily to create, purchase, and manage Facebook and Instagram advertisements 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 Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright 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 Services and your use of the Ad Buying Feature is considered part of your use of Mailchimp. If you have questions about any of our terms, feel free to contact us.

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

Part A: Important Things for You to Know
  1. Mailchimp may modify the Ad Buying Feature or discontinue its availability at any time.
  2. Mailchimp may refuse service or limit, suspend, or terminate your access to the Ad Buying Feature at any time, with or without cause.
  3. You may discontinue your use of the Ad Buying Feature at any time.
  4. Mailchimp may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Ad Buying Feature.
  5. The Ad Buying Feature allows you to create, purchase, and manage Facebook and Instagram ads 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.
  6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.
  7. Facebook and Instagram are not affiliates, partners, agents, or representatives of Mailchimp. You understand and agree that Mailchimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Facebook or Instagram.
Part B: Advertising Review and Compliance

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

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

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 Ad Buying Feature consists of hashed values of email addresses. Only those emails addresses you expressly select will be hashed and passed to Facebook.

If you choose to pass hashed value 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 11 of our standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Ad Buying Feature, you will be asked to select a maximum budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety. Ads will then be placed by Facebook on your behalf according to the criteria you select using the Ad Buying Feature until your maximum budget is reached. In certain circumstances, however, your entire budget may not be exhausted. Any unused portion of your budget will be credited to your account as an “Ad Credit” and may be used toward the purchase of future advertising campaigns with the Ad Buying Feature. Ad Credits may not be used to purchase or pay for email campaigns or other Mailchimp add-ons or services, and are only valid for the purchase of services available through the Ad Buying Feature. Ad Credits do not expire.

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

Updated September 27, 2018

Facebook Custom Audience Terms

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

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

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

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

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

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

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

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

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

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

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

Effective Date: May 25, 2018

Additional Terms of Use 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 Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright 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 Services and your use of the Google Ad Buying Feature is considered part of your use of Mailchimp. If you have questions about any of our terms, feel free to contact us.

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

Part A: Important Things for You to Know
  1. Mailchimp may modify the Google Ad Buying Feature or discontinue its availability at any time.

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

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

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

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

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

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

Part B: Advertising Review and Compliance

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

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

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

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

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

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

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

Part D: Payment Terms

The Google Ad Buying Feature is an add-on to your Mailchimp account and will be billed as such (please see Section 11 of our standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Google Ad Buying Feature, you will be asked to select a maximum weekly budget for your advertising campaign. You agree to pay the amount chosen as your maximum weekly budget in advance, and your credit card will be charged up front for the amount of your maximum weekly budget in its entirety. Your advertising campaign will then be placed by Google according to the criteria you select using the Google Ad Buying Feature. Your advertising campaign will run indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your maximum weekly budget. You may adjust the amount of your maximum weekly budget at any time. You may also pause or cancel your ad at any time.

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

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

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

Updated January 12, 2018

Additional Terms of Use for Landing Pages 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). By clicking “Accept” within the Mailchimp application and setting cookies on your landing page(s) you are agreeing to these Additional Terms.

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

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including landing pages, are suitable for you in light of such laws, rules, and regulations. If you choose to set cookies on your landing page, 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 adequately discloses your tracking practices and use of cookies in a privacy policy, cookie statement, or other disclosure.

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

Updated August 30, 2018

Additional Terms of Use for Landing Pages Templates

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

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

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

Effective September 4, 2018

Additional Terms of Use for Postcards

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

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

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

Part A. Important things for you to know
  1. Postcards is a direct mail distribution service available through Mailchimp (direct mail is sometimes referred to as postal mail or physical mail). You understand and agree that by choosing to use Postcards, you are directing Mailchimp to distribute direct mail on your behalf and at your instruction.
  2. Postcards may not be available for use or delivery in all countries or territories.
  3. We cannot guarantee a delivery date or time for any Postcards campaign. We do not guarantee that mail will be delivered free of damage.
  4. We do not and cannot guarantee or predict any particular rate of response to your Postcards campaigns.
  5. You agree that you will not use Postcards to knowingly send mail to recipients who have opted out of receiving marketing via mail, and you will not knowingly send Postcards to any recipient who has requested that you not contact them via direct mail. If requested by a recipient, you will stop using that recipient’s personal information for direct marketing, including Postcards campaigns.
  6. If required in the countries or jurisdictions where you are sending Postcards campaigns, you represent that you will provide recipients with a method to contact you to opt out of receiving future communications. Furthermore, you agree to honor any opt out request you may receive from any recipients in future Postcards campaigns.
  7. Mailchimp may alter these Additional Terms at any time. If we alter these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed by posting the updated Additional Terms online. You may access the current version of these Additional Terms at any time by visiting www.mailchimp.com/legal/additional-terms/#Additional_Terms_of_Use_for_Postcards and you should review these Additional Terms regularly. Any modifications or changes will be effective immediately and apply to your continued use of Postcards.
  8. Mailchimp may modify Postcards or cancel, terminate, or discontinue its availability at any time.
  9. Mailchimp may refuse service or limit, suspend, or terminate your access to Postcards at any time, with or without cause.
  10. You may discontinue your use of Postcards at any time.
  11. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS and determining whether our Services, including Postcards, are suitable for you in light of such laws, rules, and regulations. While we take efforts to design our Services, including Postcards, for use by Members in numerous jurisdictions throughout the world, Mailchimp cannot and does not represent or warrant that all aspects of the Services, including Postcards, comply with any particular jurisdiction’s laws, rules, or regulations.
  12. You represent and warrant that all the content and material that you provide or use in connection with you Postcards campaigns does not infringe upon or violate any copyright, trademark, privacy, publicity, or other proprietary right of any third party.
Part B. Advertising content review and compliance
  1. Your use of Postcards, including the content of any campaigns or materials you may create, is subject to review by Mailchimp.
  2. We may refuse to distribute your Postcards campaign or content if we believe that it violates our Acceptable Use Policy or any other laws, rules, or regulations.
  3. You are not permitted to use Postcards to advertise any sweepstakes or contests. Furthermore, you agree that you will not include any content in your Postcards campaigns that is prohibited by any applicable law (for example, anything that is illegal, obscene, deceptive, misleading, or fraudulent), sexually explicit, related to bookmaking, pool-setting, betting, waging or gambling, or that is designed to obtain money under false pretenses.
  4. Minor variations in color and tone are expected when Postcards campaigns are printed.
  5. You are solely responsible for the content of your Postcards campaigns and the messages conveyed. You agree to indemnify and defend us against all costs, claims, and liability that we may incur in connection with your Postcards campaign; and, to the extent relevant, in connection with your products or services.
  6. You represent and warrant that all material and content you send through Postcards will comply with all applicable laws, rules, and regulations in the countries and jurisdictions to which you send.
Part C. Payment Terms
  1. Postcards is an add-on to your Mailchimp account and will be billed as such (please see Section 11 of our Terms of Use for more information regarding add-ons).
  2. Pricing for Postcards is available at the following url: www.mailchimp.com/features/postcards and this page is incorporated into and considered part of these Additional Terms. You agree to pay for all Postcards sent from your account, including Postcards sent via automations, and you authorize Mailchimp to charge your credit card for such Postcards.
  3. We may modify or change our fees and pricing structure for Postcards at any time.
  4. No refunds will be granted for any Postcards campaign once the campaign has been submitted for review and processing to Mailchimp. Postcards campaigns may not be cancelled or terminated for any reason once the campaign has been submitted for review and processing to Mailchimp.
  5. You are solely responsible for the payment of all sales taxes, use taxes, VAT, GST, and other applicable taxes and fees. We collect and remit such taxes in several jurisdictions. To the extent the Services, including Postcards, are taxable in a jurisdiction where we do not collect and remit these taxes, you may be liable to remit taxes directly to the taxing authority in such jurisdiction and it is your responsibility to determine and comply with any local tax laws and regulations.
  6. Mailchimp may, in its sole discretion, issue “Postcards Credits.” Postcards Credits may be used toward the purchase of Postcards campaigns. Postcards Credits may not be used to purchase or pay for email campaigns or other Mailchimp add-ons or services, and are only valid for the purchase of Postcards campaigns. Postcards Credits must be used within five (5) years from the date of issue.
  7. You understand and agree that you, as the party choosing to create and send a Postcards campaign, are the importer of record for any and all Postcards transactions made through your Mailchimp account.
  8. Mailchimp’s total liability for all claims made about or related to a Postcards campaign shall be limited to no more than the amount that you paid for the Postcards campaign. NEITHER MAILCHIMP NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS).
  9. You agree to make all payments owed for your Postcards campaigns in accordance with these Additional Terms and our Terms of Use.

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

Effective September 27, 2018