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
By routing disputes away from courts of general jurisdiction, this clause removes the user's ability to litigate claims in standard civil courts, which affects the procedural rights and remedies available in a dispute with Mailchimp.
If you have a dispute with Mailchimp relating to the Service or the Agreement, you are required to resolve it through binding arbitration or small claims court rather than through a court of general jurisdiction.
How other platforms handle this
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis...
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction...
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"You and Mailchimp agree that...any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement (a "Claim") will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.— Excerpt from Mailchimp's Mailchimp Standard Terms of Use
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By routing disputes away from courts of general jurisdiction, this clause removes the user's ability to litigate claims in standard civil courts, which affects the procedural rights and remedies available in a dispute with Mailchimp.
If you have a dispute with Mailchimp relating to the Service or the Agreement, you are required to resolve it through binding arbitration or small claims court rather than through a court of general jurisdiction.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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