Mailchimp Standard Terms of Use

This document is Mailchimp's Standard Terms of Use, governing access to and use of Mailchimp's email marketing, automation, and related digital marketing platforms, with the agreement stated to be between the user and The Rocket Science Group LLC (Mailchimp), a subsidiary of Intuit. The terms authorize Mailchimp to suspend or terminate accounts for violations of its Acceptable Use Policy, assert a broad royalty-free license over user-submitted content for purposes of operating and improving the service, and require users to indemnify Mailchimp against third-party claims arising from their use of the platform. The terms include a mandatory arbitration clause with a class action waiver applicable to US-based users, a limitation of liability capping Mailchimp's damages exposure at the greater of fees paid in the prior twelve months or one hundred dollars, and a unilateral right to modify the terms with notice via email or in-app notification. The agreement engages GDPR and the EU-US and UK-US Data Privacy Frameworks through its incorporated Privacy Policy and Data Processing Addendum, and CCPA through disclosed data practices; compliance obligations under these frameworks depend on the user's jurisdiction and the nature of subscriber data processed. Material compliance considerations include Mailchimp's role as a data processor for subscriber personal data under GDPR Article 28, obligations around consent-based email marketing under CAN-SPAM and CASL, and the anti-spam provisions that restrict the categories of contacts users may import and message.