Mailchimp's total liability for any claim is capped at the greater of fees paid in the prior twelve months or one hundred dollars, and Mailchimp excludes liability for indirect, consequential, punitive, and similar damages to the maximum extent permitted by applicable law.
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 limits the financial exposure Mailchimp accepts for service failures, data loss, or other claims to a ceiling that may be substantially lower than actual user losses, particularly for paid enterprise accounts or organizations reliant on the platform for revenue-generating communications.
Interpretive note: Enforceability of the liability cap and consequential damages exclusion varies by jurisdiction and claim type; applicable law, including EU consumer protection directives and US state unconscionability doctrines, may limit enforcement.
Under this clause, users on free plans are limited to recovering a maximum of one hundred dollars from Mailchimp for any covered claim, while paid users are limited to fees paid in the prior twelve months. The exclusion of consequential and indirect damages applies regardless of the nature of the underlying claim, subject to applicable law constraints.
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"To the maximum extent permitted by law, Mailchimp and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. To the maximum extent permitted by law, Mailchimp's total liability to you for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again) in the twelve (12) months before the claim arises, or one hundred dollars ($100) (whichever is greater).— Excerpt from Mailchimp's Mailchimp Standard Terms of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in standard form agreements are subject to unconscionability analysis under state contract law in the US, and may be unenforceable to the extent they conflict with statutory remedies in certain jurisdictions. EU consumer protection directives and UK consumer rights frameworks may render such caps unenforceable against consumers. The FTC may have interest where caps are applied in ways that effectively eliminate meaningful remedies for deceptive conduct. (2) GOVERNANCE EXPOSURE: Medium. The one hundred dollar floor creates effectively nominal liability for free-tier users regardless of the magnitude of harm. The exclusion of consequential damages is standard in platform agreements but operationally significant for organizations using Mailchimp for time-sensitive marketing campaigns where delivery failures could produce measurable losses. (3) JURISDICTION FLAGS: EU member states and the UK provide stronger statutory protections that may override contractual liability caps for consumer-facing services. California, New York, and other states have specific rules regarding limitation of liability clauses in consumer contracts. The 'maximum extent permitted by law' qualifier preserves some jurisdictional variability. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether the standard limitation of liability is acceptable given the organization's risk profile and the value of marketing operations running through the platform. Negotiated enterprise agreements may contain different liability terms; the standard terms apply absent such negotiation. (5) COMPLIANCE CONSIDERATIONS: Organizations that have experienced service disruptions or data incidents on the platform should assess whether the limitation of liability cap applies to their specific claim type, and whether any statutory rights preserve additional remedies outside the contractual framework.
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This provision limits the financial exposure Mailchimp accepts for service failures, data loss, or other claims to a ceiling that may be substantially lower than actual user losses, particularly for paid enterprise accounts or organizations reliant on the platform for revenue-generating communications.
Under this clause, users on free plans are limited to recovering a maximum of one hundred dollars from Mailchimp for any covered claim, while paid users are limited to fees paid in the prior twelve months. The exclusion of consequential and indirect damages applies regardless of the nature of the underlying claim, subject to applicable law constraints.
ConductAtlas has identified this type of provision across 236 platforms. See the full comparison.
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