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Mailchimp Generative AI Beta Terms

Welcome to the Mailchimp Generative AI Beta! The Mailchimp Generative AI Beta (“Beta Product”) allows you to utilize generative artificial intelligence features made available by Mailchimp via the Service to help you create Campaigns (“Content Generation”), analyze your performance, organize Contacts, and more.

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 and Mailchimp’s Standard Terms of Use (which, for clarity, include our Acceptable Use Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright and Trademark Policy, and Brand Guidelines). These Additional Terms do not limit, are in addition to, and do not replace, Mailchimp’s Standard Terms of Use, which also apply to your use of the Beta Product. The Beta Product 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: 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 public and that is for evaluation or testing purposes only.
  2. You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Beta Product and Service. 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 Beta Product and Service or to develop new features and services.
  3. 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.
  4. 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. At this time, the Beta Product is only available in English, but may open to additional languages in the future.
  5. WITHOUT LIMITING ANY OTHER DISCLAIMERS IN MAILCHIMP’S STANDARD TERMS OF USE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, USE OF, AND RELIANCE ON 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; (VII) WARRANTIES THAT THE BETA PRODUCT OR ANY CONTENT OR MATERIAL GENERATED FROM THE BETA PRODUCT IS FREE FROM BIAS; AND (VIII) 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, USE OF, OR RELIANCE ON 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.
  6. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Part B: Important Things for You to Know

  1. You are responsible for ensuring that any summary, text, instructions or other Content you make available while using the feature (collectively, “Inputs”) are appropriate and permissible under Mailchimp’s Standard Terms of Use. For the avoidance of doubt, such Inputs are “Content” for purposes of Standard Terms of Use.
  2. Use of the Beta Product may result in content, materials, data, visuals, metrics, insights, optimizations, recommendations, and other output generated and/or provided by the Beta Product (collectively, “Outputs”) that are inaccurate or otherwise not fit for use (including from a legal and/or business perspective). You are solely responsible for such Outputs, which is also your “Content” for the purposes of the Standard Terms of Use. You must carefully review the resulting Outputs before you add it to a Campaign, rely on such Outputs, or otherwise use such Outputs to ensure everything is accurate, lawful, and otherwise appropriate and permissible under Mailchimp’s Standard Terms of Use and that you have adequate rights to use such Outputs and any Content. You shall ensure that your use of any Output does not violate the intellectual property or proprietary rights of Mailchimp or any third party. You are not required to use any such Outputs or Content, and you are free to and should modify it as appropriate to ensure compliance with these Additional Terms and Mailchimp’s 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 to communicate that the applicable Content may contain errors and should be independently verified.
  3. Due to the nature of generative artificial intelligence, Outputs may not be unique and the Beta Product may generate and/or provide the same or similar Output for you as it generates and/or provides for other users. For clarity, Outputs for other users are not considered your Content.
  4. You acknowledge and agree that Mailchimp leverages certain third parties, such as Microsoft Azure and OpenAI, to provide the Beta Product, including 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.
  5. 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.
  6. We may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the Beta Product, the Services, and similar products and features, and you instruct us to process Customer Data for such purposes. You may select preferences about your data by visiting your account settings.
  7. The Beta Product may not be generally available to all of our Members or the general public. Content Generation may not be available to all industries.
  8. Mailchimp may modify, suspend or discontinue the Beta Product at any time (without any notice to you). Mailchimp may limit, suspend, or terminate the Beta Product or your participation in or access to the Beta Product 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. Without limitation, the laws and regulations governing artificial intelligence and related technology are uncertain and evolving, and the ability to use the Beta Product and/or Outputs may be adversely impacted in the future.
  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: Use

  1. You agree to use the Beta Product in accordance with Mailchimp’s Acceptable Use Policy.
  2. You also agree not to use the Beta Product to:
    • a. create or send any content that is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, fraudulent, invasive of another’s privacy, entices violence or hatred, misleading, or otherwise objectionable;
    • b. create or transmit any content that you do not have a right to make available;
    • c. 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;
    • d. use or attempt to use the Beta Product (or any 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;
    • e. modify, decompile, reverse engineer, disassemble or reproduce any of the Mailchimp licensed or owned software, systems, applications or components used; or
    • f. use deceptive, misleading or unethical practices that are or might be detrimental to Mailchimp or the general public.
  3. You also agree not to use Content Generation to create or send any content related to alcohol, tobacco, weapons, cannabis, vaping, health, medicinal products, promoting child abuse or exploitation, terrorism, violent extremism, or financial advice or services.

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 our Service, including the Beta Product (and any Outputs), is suitable for you in light of such laws, rules, and regulations (including any applicable carrier requirements).
  2. 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 and other policies. We may, in our sole discretion and without any notice to you, suspend or terminate your access to the Beta Product and/or suspend or terminate your Mailchimp account if you violate any of these terms or policies.
  3. We are not liable for your relationship with your Contacts and how you interact with them, including your processing of personal information. If applicable law requires, you must establish a legal basis for the processing of personal information, provide and make available a legally compliant privacy policy, and comply with any other relevant transparency principles and other requirements under applicable law with respect to your processing of personal information.
  4. We cannot guarantee the security of every data transmission over the internet.
  5. 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 generated content prior to sending any email campaigns through Mailchimp. Mailchimp is not liable for any content you send through the Service.
  6. You agree to indemnify and hold us and our Team harmless against all costs, claims, and liability that we may incur in connection with your use of and reliance on the Beta Product including, but not limited to, your Outputs and failure to abide by these Additional Terms.