“You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs...in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use...of the Service, (iii) your violation of any laws...”
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 clause places financial responsibility on the user for a broad set of third-party or regulatory claims connected to their content or conduct, which could expose users to significant liability.
If any claim arises relating to your Content, Campaigns, Sites, use of the Service, or violation of laws, you are required to cover Mailchimp's resulting losses, damages, judgments, fines, and costs.
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs...in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use...of the Service, (iii) your violation of any laws...Excerpt from Mailchimp's Standard Terms of Use
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This clause places financial responsibility on the user for a broad set of third-party or regulatory claims connected to their content or conduct, which could expose users to significant liability.
If any claim arises relating to your Content, Campaigns, Sites, use of the Service, or violation of laws, you are required to cover Mailchimp's resulting losses, damages, judgments, fines, and costs.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mailchimp.