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Mailchimp Terms of Use: Five Clauses Worth Reading Before You Send

This page is general information, not legal advice.

Mailchimp's Standard Terms of Use are a contract with The Rocket Science Group LLC d/b/a Mailchimp, which is part of the Intuit group of companies. You accept them when you sign up or use the Service, along with linked policies such as the Acceptable Use Policy and Data Processing Addendum. This page covers the version updated and effective October 10, 2025. In that version, five clauses shift cost or risk onto you. For each one, you get the exact wording, why it matters and what to ask for instead. Mailchimp says it "can’t change these Terms for any one Member or group," so use this as a checklist.

1. Termination at any time, and your data deleted

You or Mailchimp may terminate the Agreement at any time and for any reason. ... We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation, except as specifically provided in these Terms. ... Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns.

Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30.

Why it works against you

Both sides can terminate, but the effect is one-sided. Mailchimp holds your audience, your campaigns and possibly your website. It can suspend you "with or without cause," and the terms set no notice period. Once your account is terminated, your data can be permanently deleted, and your username "cannot be reclaimed." Mailchimp can also close an account that has been inactive for 24 or more months, and you don't get prepaid amounts back. If your business depends on your list, export it regularly. See termination for convenience clauses explained.

What to ask for instead

Sample wording to propose: "Except for serious violations or legal requirements, we will give 30 days' written notice before terminating an account, refund unused prepaid fees, and keep the account's data available for export for 30 days after termination."

2. Terms and prices can change by posting

We may change any of the Terms by posting revised Terms on our Mailchimp Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service.

Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30.

Why it works against you

Mailchimp doesn't promise any advance notice, since posting the new terms is enough. A separate clause lets it "change any of our fees ... at any time by posting a new pricing structure." It can also change or discontinue features and isn't liable to you for doing so. Your main option is to leave, and monthly plans get no refund "under any circumstance." See automatic price increase clauses explained and SaaS subscription agreement red flags.

What to ask for instead

Sample wording to propose: "We will email the account owner at least 30 days before any change to these Terms or fees takes effect, with a summary of what changed. Members who object may cancel and receive a prorated refund of prepaid fees."

3. A broad license over your AI inputs and outputs

by using the AI Model, you hereby grant Mailchimp ... a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicensable (through multiple-tiers) license to ... process any and all Inputs and Outputs ... for any purpose, including to develop and improve the AI Model

Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30.

Why it works against you

You keep ownership of your ordinary Content. Mailchimp may use it "only as necessary to provide the Service to you" or as the Terms otherwise allow. Anything you put into the AI features gets a much wider license, one that is irrevocable, sublicensable and "for any purpose." Mailchimp may also use Inputs and Outputs, "including Customer Data, for machine learning purposes." You "may select preferences about your data" in your account settings. Third-party AI providers may store your Inputs and Outputs as well. You are "solely responsible" for Outputs, and they may not be protected by copyright. See perpetual content licenses explained.

What to ask for instead

Sample wording to propose: "Inputs and Outputs are used only to provide the AI features to the Member. They will not be used to train AI models without the Member's opt-in consent, and the license ends when the Member deletes them or closes the account."

4. Liability capped at last month's bill

in any calendar month, the total liability of Mailchimp and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30.

Why it works against you

If you're on a free plan, the cap could be zero. The same section says you "assume full responsibility for any loss" from using the Service. It also rules out claims for lost data, profits and goodwill. You, in turn, must indemnify Mailchimp for claims tied to your Content, your use of the Service and your AI Outputs. Mailchimp can even charge you its costs of responding to a subpoena about your account. Whether limits like these can be enforced varies by jurisdiction. See limitation of liability clauses explained and indemnification clauses explained.

What to ask for instead

Sample wording to propose: "Each party's total liability is capped at the fees paid in the previous 12 months. The cap does not apply to losses caused by our data breach, gross negligence or wilful misconduct."

5. Binding arbitration and no class actions (U.S.)

You and Mailchimp agree that, except as provided below, 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. ... you and Mailchimp are each waiving the right to a trial by jury or to participate in a class action.

Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30.

Why it works against you

Georgia law and the Federal Arbitration Act govern disputes. Before you can file, you have to send a Notice of Claim, join a phone or video conference and wait 60 days. You also have to attend the AAA administrative conference yourself, or the case can be closed. Because of the class action waiver, every customer has to bring their claim alone, so small losses may not be worth pursuing. On the plus side, hearings are held in your county, you can still use small claims court, and Mailchimp reimburses the part of the filing fee that exceeds a court fee. Only a qualified lawyer can tell you whether this applies to you. Compare mandatory arbitration clauses explained.

What to ask for instead

Sample wording to propose: "Members may opt out of arbitration by written notice within 30 days of accepting these Terms, and may bring individual claims in court in the county where they live."

Also worth a look

Unused Text Messaging credits "will expire at the end of the billing cycle in which they are issued" (Source: https://mailchimp.com/legal/terms/, retrieved 2026-10-30). You can't assign the Agreement to anyone, but Mailchimp may assign it "to any other individual or entity at our discretion."

Scan your own document free

Terms change, and Mailchimp's add-ons come with their own Additional Terms. Use the ScanMyTerms Terms of Service checker to upload your Terms of Service or contract as a PDF, DOCX, TXT or MD file, or photograph it. In about a minute, it lists the clauses that work against you, with the risk level, exact wording, why each one hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report is $5. ScanMyTerms does not use your documents to train AI models, and reports are deleted after 7 days.

This page is general information, not legal advice.

Sources

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