Mailchimp Customer Relationship Management Beta Terms
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.
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.
- 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.
- 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
- At this time, the service is only available in English but may open to additional languages in the future.
- 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.
- 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.
Without limiting any right of Mailchimp, we may immediately suspend or terminate your access to the Beta Product 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.
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.
- 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.