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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.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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

  1. 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.
  2. At this time, the service is only available in English but may open to additional languages in the future.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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:

  1. create or send any content that is unlawful, harmful, threatening, abusive, vulgar, obscene, pornographic, invasive of another’s privacy, or is otherwise objectionable;
  2. create or transmit any content that you do not have a right to make available;
  3. 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);
  4. 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;
  5. modify, decompile, reverse engineer, disassemble or reproduce any of the Mailchimp licensed or owned software, systems, applications or components used; or
  6. 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

  1. 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).
  2. 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.
  3. 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.
  4. 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.
  5. 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).
  6. We cannot guarantee the security of every data transmission over the internet.
  7. 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.
  8. 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.
  9. 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.