Members who upgrade from the Free Marketing Plan and then downgrade back are entitled to only one complimentary return to the Free Marketing Plan; a second upgrade and downgrade cycle results in permanent ineligibility for the Free Marketing Plan regardless of future usage levels.
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
This provision establishes a one-time limit on downgrading to the Free Marketing Plan, after which Members must maintain a paid plan regardless of their actual usage volume, which affects account cost structure for Members whose sending volume fluctuates over time.
The agreement establishes that Members who exceed Free Marketing Plan limits more than once lose permanent eligibility for the Free Marketing Plan, meaning that continued platform use after a second upgrade requires a paid plan regardless of whether the Member's usage would otherwise fall within free tier limits.
Cross-platform context
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Compare across platforms →"If you use the Service under the Free Marketing Plan and you want to go over the Free Marketing Plan limits, you'll be required to select and pay for a Paid Marketing Plan. Paid Marketing Plans are described in Section 7A above. If you exceed your Free Marketing Plan limits, or otherwise upgrade your account to a paid Paid Marketing Plan, you'll only be provided one complimentary downgrade to the Free Marketing Plan (provided your sending volume, audience numbers, and other feature usage drops down to the Free Marketing Plan usage limits in effect at the time of downgrade). If you go over the limits for the Free Marketing Plan more than once, you'll no longer qualify for the Free Marketing Plan, even if your future sending volume and audience numbers are within the limits of the Free Marketing Plan.Excerpt from Mailchimp's Standard Terms of Use
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This provision establishes a one-time limit on downgrading to the Free Marketing Plan, after which Members must maintain a paid plan regardless of their actual usage volume, which affects account cost structure for Members whose sending volume fluctuates over time.
The agreement establishes that Members who exceed Free Marketing Plan limits more than once lose permanent eligibility for the Free Marketing Plan, meaning that continued platform use after a second upgrade requires a paid plan regardless of whether the Member's usage would otherwise fall within free tier limits.
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