Members using Transactional SMS are solely responsible for obtaining jurisdiction-specific consents from each contact before sending messages, maintaining separate records for transactional and marketing consents, and retaining audit-ready consent and message history records for up to six years as referenced by carrier requirements.
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 places the full legal and operational burden of SMS consent compliance, including jurisdiction-specific consent standards and multi-year recordkeeping, on the Member rather than the platform, establishing that failure to demonstrate compliance may result in suspension or termination of Text Messaging Services.
The agreement requires Members using SMS features to independently acquire, categorize, and retain consent records for each contact across all applicable jurisdictions, with Mailchimp reserving the right to request proof of compliance and to suspend or terminate SMS access if records cannot be produced within a specified timeframe.
Cross-platform context
See how other platforms handle Member Sole Responsibility for SMS Consent and Recordkeeping and similar clauses.
Compare across platforms →"By using Transactional SMS, you represent and warrant that you have obtained all legally required consents from your Contacts before sending such messages and that you will maintain accurate records of those consents and any opt-outs. You acknowledge that the standard for valid consent varies by jurisdiction. You must ensure that your consent practices satisfy the requirements of the country where the Contact resides, including where laws require separate consents for transactional and marketing messages. Transactional consent and marketing consent are not interchangeable, and you must not treat transactional consent as sufficient to send marketing messages. You are solely responsible for maintaining records of consents, opt-outs, and message history sufficient to demonstrate compliance with applicable laws and carrier requirements. Carriers and aggregators may require up to six years of audit-ready records.Excerpt from Mailchimp's Standard Terms of Use
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This provision places the full legal and operational burden of SMS consent compliance, including jurisdiction-specific consent standards and multi-year recordkeeping, on the Member rather than the platform, establishing that failure to demonstrate compliance may result in suspension or termination of Text Messaging Services.
The agreement requires Members using SMS features to independently acquire, categorize, and retain consent records for each contact across all applicable jurisdictions, with Mailchimp reserving the right to request proof of compliance and to suspend or terminate SMS access if records cannot be produced within a specified timeframe.
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