“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.”
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
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.
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.
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"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
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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.
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.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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