Provision record
Mailchimp · Mailchimp Standard Terms of Use · View original document ↗

Monthly Liability Cap Equal to Prior Month Payment

High severity High confidence Explicitdocumentlanguage Common · 291 of 352 platforms

Key Facts

What is the cap on Mailchimp's total liability and that of its third-party providers in any calendar month?
Mailchimp caps its total liability and that of its third-party providers in any calendar month at no more than the amount the user paid for the Service in the preceding month.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The cap ties the maximum recoverable amount to a single prior month's payment, which may be far below the actual harm suffered, and extends the cap to Mailchimp's third-party providers as well.

Consumer impact (what this means for users)

If Mailchimp or its third-party providers cause you harm in a given calendar month, the total amount you can recover is limited to what you paid Mailchimp for the Service in the preceding month.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →

Monitoring

Mailchimp has changed this document before.

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▸ View Original Clause Language DOCUMENT RECORD
"
in any calendar month, the total liability of Mailchimp and our third-party providers...will be no more than what you paid us for the Service the preceding month.

Excerpt from Mailchimp's Standard Terms of Use

Provision details

Document information
Document
Mailchimp Standard Terms of Use
Entity
Mailchimp
Document last updated
May 20, 2026
Tracking information
First tracked
May 20, 2026
Last verified
July 9, 2026
Record ID
CA-P-065208
Document ID
CA-D-00887
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
9882db0300b1b7b43fc98d9489eafa1bcccf771f91b984a0245e8a3c5aeaba7c
Analysis generated
May 20, 2026 13:43 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mailchimp
Document: Mailchimp Standard Terms of Use
Record ID: CA-P-065208
Captured: 2026-05-20 13:43:23 UTC
SHA-256: 9882db0300b1b7b4…
URL: https://conductatlas.com/platform/mailchimp/mailchimp-standard-terms-of-use/provision/CA-P-065208/monthly-liability-cap-equal-to-prior-month-payment/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Mailchimp's Monthly Liability Cap Equal to Prior Month Payment clause do?

The cap ties the maximum recoverable amount to a single prior month's payment, which may be far below the actual harm suffered, and extends the cap to Mailchimp's third-party providers as well.

How does this clause affect you?

If Mailchimp or its third-party providers cause you harm in a given calendar month, the total amount you can recover is limited to what you paid Mailchimp for the Service in the preceding month.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 291 platforms. See the full comparison.

Is ConductAtlas affiliated with Mailchimp?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mailchimp.