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Mailchimp SMS Terms

Welcome to Mailchimp SMS! Mailchimp SMS allows you to send text messages for marketing purposes (“Mailchimp Text Messaging”) to your Contacts. You can send a text message campaign through Mailchimp Text Messaging with your own dedicated number.

Please read these Additional Terms carefully. These Additional Terms apply to your use of Mailchimp Text Messaging. By continuing to use Mailchimp Text Messaging, 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 Mailchimp Text Messaging. Mailchimp Text Messaging is 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.

You understand and agree that:

Part A: Important Things for You to Know

  1. Mailchimp Text Messaging may not be generally available to all of our Members (or the general public).
  2. Mailchimp may modify, suspend or discontinue Mailchimp Text Messaging at any time (without any notice to you). Mailchimp may limit, suspend, or terminate Mailchimp Text Messaging or your participation in or access to Mailchimp Text Messaging at any time, with or without cause. And if we do so, we are not in any way liable to you for any modification, suspension, termination, or discontinuation.
  3. Mailchimp is providing Mailchimp Text Messaging “as is.” We do not provide warranties, conditions, or undertakings of any kind in relation to Mailchimp Text Messaging, either express or implied.
  4. 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 with notice that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of Mailchimp Text Messaging.
  5. You represent and warrant that you: (i) are a resident of the United States (or one of its territories); (ii) will only use Mailchimp Text Messaging to send messages to a resident of the United States (or one of its territories); and (iii) operate your business within the United States (or one of its territories).
  6. You understand and agree that Mailchimp may limit the number of messages or the time of day you can send messages as part of Mailchimp Text Messaging.
  7. Mailchimp Text Messaging is only available to Mailchimp customers on an Essentials monthly paid marketing plan or higher.
  8. Mailchimp Text Messaging allows you to send marketing SMS campaigns to multiple Contacts at a time. Currently, but subject to change, Mailchimp Text Messaging does not include replies or 1:1 conversations via Mailchimp Text Messaging.
  9. You are required to submit an application to receive a 10DLC number. Mailchimp (or a network carrier) may deny your application for any reason (or no reason), without prior notice to you.

Part B: Mailchimp Text Messaging Credit Plan Fees; Payments; Management

  1. Credit Plan Set-Up and Billing. Mailchimp will charge you on a recurring monthly billing cycle for the credit plan you select at the then-current price (including all applicable sales taxes) ("Fees"). Credits for each month do not roll over. When you set-up your Mailchimp Text Messaging credit plan, your payment will be prorated based on the days remaining in your current billing cycle; you will immediately receive access to use the credits until the end of that billing cycle. On or before the first day of your next billing cycle, you will be charged the full amount of the Fees for your selected credit plan. You irrevocably authorize Mailchimp to charge your payment method for any Fees when due and you will be automatically charged each billing cycle (this includes your then-current monthly marketing plan) until you cancel. Mailchimp reserves the right to deactivate your Mailchimp Text Messaging credit plan for any failed payment and you may lose access to certain features in your account. Please refer to section 3, “Deactivating Credit Plan” located below for more information. All Fees for Mailchimp Text Messaging are non-refundable. These Fees will be in addition to your then-current monthly marketing plan. You can always manage your Mailchimp Text Messaging credit plan and monthly marketing plan by reviewing your account at any time. Please refer to section 2, "Credit Plan Management" located below for more information.

  2. Credit Plan Management. You can manage your account on the SMS landing page by clicking on the “Manage credits” tab. You can manage your credit plan in the following ways:

    a. One-time credits purchase. If you would like to immediately increase the amount of available credits of your Mailchimp Text Messaging credit plan, Mailchimp allows you to add more credits during your current billing cycle. Once selected, you will be charged and receive your requested credit increase immediately. Unused credits will not rollover to your next billing cycle.

    b. Increase your recurring credit plan. If you would like to increase the amount of credits you receive each billing cycle, Mailchimp allows you to select the desired credit plan upgrade. The increase will become effective at the beginning of your next billing cycle. You authorize Mailchimp to charge your payment method at the then-current rate of the selected credit plan at the beginning of your next billing cycle. Unused credits will not rollover to your next billing cycle.

    c. Decrease your recurring credit plan. If you would like to decrease the amount of credits you receive each billing cycle, Mailchimp allows you to select the desired credit plan downgrade. The decrease will become effective at the beginning of your next billing cycle. You authorize Mailchimp to charge your payment method at the then-current rate of the selected credit plan at the beginning of your next billing cycle. Unused credits will not rollover to your next billing cycle.

  3. Deactivating Credit Plan. You can deactivate your Mailchimp Text Messaging account at any time via the Settings section in the Account & Billing page. Deactivating your Mailchimp account will disable your ability to utilize Mailchimp Text Messaging immediately. To reactivate your Mailchimp Text Messaging credit plan, you will need to contact our support team to reinitiate the on-boarding process and obtain a new business phone number. If you have any questions or concerns, please contact our support team.

    a. Downgrading Marketing Plan. If you downgrade your account from an eligible paid marketing plan, you will have access to your Mailchimp Text Messaging credit plan until the end of that billing cycle. The following billing cycle your Mailchimp Text Messaging credit plan will be deactivated and any unused credits will be forfeited.

Part C: The Service

  1. If your application has been approved and you have selected a monthly credit plan, you can use Mailchimp Text Messaging to send promotional and marketing-related messages to Contacts who opt in to receive such messages from a designated 10 DLC.
  2. By using Mailchimp Text Messaging, you acknowledge and understand that certain data about your use of Mailchimp Text Messaging will be shared with the SMS Provider(s), including, but not limited to, the contents and metadata of each message. Such data will be shared for the purpose of providing the Service to you.
  3. By enabling Mailchimp Text Messaging, you acknowledge and consent to your Contact details being passed to and stored by Mailchimp and the SMS Provider(s). Your information will be processed by Mailchimp in accordance with our Privacy Statement.
  4. We reserve the right to charge for Mailchimp Text Messaging with prior written notice.
  5. You represent and warrant that you will immediately honor opt-out, unsubscribes, or other requests from Contacts who do not want to be contacted via Mailchimp Text Messaging.
  6. You represent and warrant that you will abide by “quiet hours” and will only send messages in compliance with these Additional Terms and applicable federal and state laws.
  7. You may choose to discontinue your use of Mailchimp Text Messaging at any time.

Part D: Use

You agree to use Mailchimp Text Messaging in accordance with Mailchimp’s Acceptable Use Policy. You also agree not to use Mailchimp Text Messaging to:

  1. send SMS messages to anyone you do not have the required consent to contact;
  2. send SMS messages to any individual or phone number residing in or originating outside of the United States (including its territories);
  3. send any content that is unlawful, harmful, threatening, abusive, vulgar, obscene, pornographic, invasive of another’s privacy or is otherwise objectionable;
  4. send any messages related to sex (adult content), hate, alcohol, firearms, or tobacco (SHAFT);
  5. send any messages related to marijuana, CBD and cannabis (or other federally illegal substances like vaping or prescription medication), debt collection, high risk loans, or lead generation;
  6. transmit any content that you do not have a right to make available;
  7. take any action that imposes an unreasonable or disproportionately large load on Mailchimp’s infrastructure;
  8. impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity;
  9. use or attempt to use Mailchimp Text Messaging for any purpose that is in violation of any applicable law or is otherwise an infringement on the rights of any person or entity;
  10. modify, decompile, reverse engineer, disassemble or reproduce any of the Mailchimp licensed or owned software, systems, applications or components used; or
  11. use deceptive, misleading or unethical practices that are or might be detrimental to Mailchimp or the general public (including but not limited to phishing, fraud or scams, deceptive marketing or sending any unlawful or illicit content).

Mailchimp reserves the right to terminate or suspend your account or your access to Mailchimp Text Messaging if you violate these terms or our Acceptable Use Policy

Part E: Liability and Privacy

  1. You are responsible for understanding and complying with all applicable laws, rules, codes, regulations, and policies (including, without limitation, those related to SMS messages, marketing, and data privacy) currently in effect, as they are amended and as they become effective, that are applicable to your use of Mailchimp Text Messaging and determining whether our Service, including Mailchimp Text Messaging, is suitable for you in light of such laws, rules, and regulations (including any applicable carrier requirements).
  2. You agree to use Mailchimp Text Messaging in full compliance with these Additional Terms, as well as our Standard Terms of Use and other policies. We may suspend or terminate your access to Mailchimp Text Messaging and/or suspend or terminate your Mailchimp account if you violate any of these terms.
  3. We are not liable for your relationship with your Contacts 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. It is your responsibility to consult with a licensed attorney to make sure your use of Mailchimp Text Messaging is compliant with all applicable laws.
  4. We are not liable for your relationship with your Contacts and how you interact with them, including your collection of consent to communicate with your Contacts via SMS. If applicable law requires, you must obtain consent directly from your Contacts.
  5. You acknowledge and agree that we are not responsible or liable for any data subject requests you receive from your Contacts as a result of this Service; provided, however, that we will provide reasonable assistance to the extent possible.
  6. You represent, warrant and covenant that you have provided notice and obtained (or will obtain) all consents necessary under applicable law in connection with your use of Mailchimp Text Messaging. You shall have sole responsibility for the accuracy, quality, and legality of your use and collection of your Contacts’ data within Mailchimp Text Messaging.
  7. You represent and warrant that all the content and material that you provide or use in connection with Mailchimp Text Messaging does not infringe upon or violate any copyright, trademark, privacy, publicity, or other proprietary right of any third party.
  8. We cannot guarantee the security of every data transmission over the internet.
  9. You agree to indemnify, defend us, and hold us and our Team harmless against all costs, claims, and liability that we may incur in connection with your use of Mailchimp Text Messaging including, but not limited to, your failure to abide by these Additional Terms.
  10. Mailchimp Text Messaging is provided “as-is” with no warranty of any kind.
  11. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses, arising out of or that otherwise result from your use of Mailchimp Text Messaging or from a third party’s use of Mailchimp Text Messaging.

If you do not comply with these Additional Terms, or any other Mailchimp Terms, we may, in our sole discretion, remove you and/or limit or revoke your access to Mailchimp Text Messaging or any of its features, without any notice to you.