This analysis describes what Mailchimp's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The prohibition applies to any of the Software, meaning partial use of Mailchimp's Software in building a competing product is also prohibited, not only wholesale reproduction.
Interpretive note: The excerpt is a noun-phrase item from a prohibited-conduct list without an explicit prohibition verb. The prohibition framing is inferred from AUP list context. 'Competing product' is not defined in the excerpt, which may create interpretive uncertainty in application.
You are prohibited from using any part of Mailchimp's Software to develop a product that competes with Mailchimp.
How other platforms handle this
use our services to build a similar service, identify or poach our users or publish any performance or benchmark analysis relating to the site reverse engineer, decipher, modify, or take source code from our site...
Using an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission...
You will not use the Services to make payment(s) on an existing Affirm loan(s). Unless otherwise expressly permitted by Affirm, you will not use the Services for the purpose of payment for an existing loan(s) or line of credit from another institution.
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"Use any of the Software to create a competing product.— Excerpt from Mailchimp's Mailchimp Acceptable Use Policy
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The prohibition applies to any of the Software, meaning partial use of Mailchimp's Software in building a competing product is also prohibited, not only wholesale reproduction.
You are prohibited from using any part of Mailchimp's Software to develop a product that competes with Mailchimp.
ConductAtlas has identified this type of provision across 285 platforms. See the full comparison.
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