mailchimp.com Open in urlscan Pro
23.41.180.128  Public Scan

Submitted URL: https://app.e.mailchimp.com/e/er?utm_medium=email&utm_source=Eloqua&utm_campaign=346&s=3533916&lid=1275&elqTrackId=9c1477a14...
Effective URL: https://mailchimp.com/legal/sms-terms/?utm_medium=email&utm_source=Eloqua&utm_campaign=346
Submission: On September 08 via api from US — Scanned from DE

Form analysis 2 forms found in the DOM

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MAILCHIMP SMS TERMS

Welcome to Mailchimp SMS! Mailchimp SMS allows you to send text messages for
marketing purposes (“Mailchimp Text Messaging”) to your Contacts. You can send a
text message campaign through Mailchimp Text Messaging with your own dedicated
number.

Please read these Additional Terms carefully. These Additional Terms apply to
your use of Mailchimp Text Messaging. By continuing to use Mailchimp Text
Messaging, you are agreeing to these Additional Terms. These Additional Terms do
not replace Mailchimp’s Standard Terms of Use (including our Acceptable Use
Policy, API Guidelines, Cookie Statement, Data Processing Addendum, Copyright
and Trademark Policy, and Brand Guidelines), which also apply to your use of
Mailchimp Text Messaging. Mailchimp Text Messaging is part of the Service and
your use is considered part of your use of Mailchimp. Capitalized terms used and
not otherwise defined in these Additional Terms have the meanings given to those
terms in our Standard Terms of Use. If you have any questions about any of our
terms, feel free to contact us.

You understand and agree that:

Part A: Important Things for You to Know

 1. Mailchimp Text Messaging may not be generally available to all of our
    Members (or the general public).
 2. Mailchimp may modify, suspend or discontinue Mailchimp Text Messaging at any
    time (without any notice to you). Mailchimp may limit, suspend, or terminate
    Mailchimp Text Messaging or your participation in or access to Mailchimp
    Text Messaging at any time, with or without cause. And if we do so, we are
    not in any way liable to you for any modification, suspension, termination,
    or discontinuation.
 3. Mailchimp is providing Mailchimp Text Messaging “as is.” We do not provide
    warranties, conditions, or undertakings of any kind in relation to Mailchimp
    Text Messaging, either express or implied.
 4. Mailchimp may modify or change these Additional Terms from time to time. If
    we modify or change these Additional Terms in a material way, we will
    provide you with notice that the Additional Terms have changed. Any
    modifications or changes will be effective immediately and apply to your
    continued use of Mailchimp Text Messaging.
 5. You represent and warrant that you: (i) are a resident of the United States
    (or one of its territories); (ii) will only use Mailchimp Text Messaging to
    send messages to a resident of the United States (or one of its
    territories); and (iii) operate your business within the United States (or
    one of its territories).
 6. You understand and agree that Mailchimp may limit the number of messages or
    the time of day you can send messages as part of Mailchimp Text Messaging.
 7. Mailchimp Text Messaging is only available to Mailchimp customers on an
    Essentials monthly paid marketing plan or higher.
 8. Mailchimp Text Messaging allows you to send marketing SMS campaigns to
    multiple Contacts at a time. Currently, but subject to change, Mailchimp
    Text Messaging does not include replies or 1:1 conversations via Mailchimp
    Text Messaging.
 9. You are required to submit an application to receive a 10DLC number.
    Mailchimp (or a network carrier) may deny your application for any reason
    (or no reason), without prior notice to you.

Part B: Mailchimp Text Messaging Credit Plan Fees; Payments; Management

 1. Credit Plan Set-Up and Billing. Mailchimp will charge you on a recurring
    monthly billing cycle for the credit plan you select at the then-current
    price (including all applicable sales taxes) ("Fees"). Credits for each
    month do not roll over. When you set-up your Mailchimp Text Messaging credit
    plan, your payment will be prorated based on the days remaining in your
    current billing cycle; you will immediately receive access to use the
    credits until the end of that billing cycle. On or before the first day of
    your next billing cycle, you will be charged the full amount of the Fees for
    your selected credit plan. You irrevocably authorize Mailchimp to charge
    your payment method for any Fees when due and you will be automatically
    charged each billing cycle (this includes your then-current monthly
    marketing plan) until you cancel. Mailchimp reserves the right to deactivate
    your Mailchimp Text Messaging credit plan for any failed payment and you may
    lose access to certain features in your account. Please refer to section 3,
    “Deactivating Credit Plan” located below for more information. All Fees for
    Mailchimp Text Messaging are non-refundable. These Fees will be in addition
    to your then-current monthly marketing plan. You can always manage your
    Mailchimp Text Messaging credit plan and monthly marketing plan by reviewing
    your account at any time. Please refer to section 2, "Credit Plan
    Management" located below for more information.

 2. Credit Plan Management. You can manage your account on the SMS landing page
    by clicking on the “Manage credits” tab. You can manage your credit plan in
    the following ways:
    
    a. One-time credits purchase. If you would like to immediately increase the
    amount of available credits of your Mailchimp Text Messaging credit plan,
    Mailchimp allows you to add more credits during your current billing cycle.
    Once selected, you will be charged and receive your requested credit
    increase immediately. Unused credits will not rollover to your next billing
    cycle.
    
    b. Increase your recurring credit plan. If you would like to increase the
    amount of credits you receive each billing cycle, Mailchimp allows you to
    select the desired credit plan upgrade. The increase will become effective
    at the beginning of your next billing cycle. You authorize Mailchimp to
    charge your payment method at the then-current rate of the selected credit
    plan at the beginning of your next billing cycle. Unused credits will not
    rollover to your next billing cycle.
    
    c. Decrease your recurring credit plan. If you would like to decrease the
    amount of credits you receive each billing cycle, Mailchimp allows you to
    select the desired credit plan downgrade. The decrease will become effective
    at the beginning of your next billing cycle. You authorize Mailchimp to
    charge your payment method at the then-current rate of the selected credit
    plan at the beginning of your next billing cycle. Unused credits will not
    rollover to your next billing cycle.

 3. Deactivating Credit Plan. You can deactivate your Mailchimp Text Messaging
    account at any time via the Settings section in the Account & Billing page.
    Deactivating your Mailchimp account will disable your ability to utilize
    Mailchimp Text Messaging immediately. To reactivate your Mailchimp Text
    Messaging credit plan, you will need to contact our support team to
    reinitiate the on-boarding process and obtain a new business phone number.
    If you have any questions or concerns, please contact our support team.
    
    a. Downgrading Marketing Plan. If you downgrade your account from an
    eligible paid marketing plan, you will have access to your Mailchimp Text
    Messaging credit plan until the end of that billing cycle. The following
    billing cycle your Mailchimp Text Messaging credit plan will be deactivated
    and any unused credits will be forfeited.

Part C: The Service

 1. If your application has been approved and you have selected a monthly credit
    plan, you can use Mailchimp Text Messaging to send promotional and
    marketing-related messages to Contacts who opt in to receive such messages
    from a designated 10 DLC.
 2. By using Mailchimp Text Messaging, you acknowledge and understand that
    certain data about your use of Mailchimp Text Messaging will be shared with
    the SMS Provider(s), including, but not limited to, the contents and
    metadata of each message. Such data will be shared for the purpose of
    providing the Service to you.
 3. By enabling Mailchimp Text Messaging, you acknowledge and consent to your
    Contact details being passed to and stored by Mailchimp and the SMS
    Provider(s). Your information will be processed by Mailchimp in accordance
    with our Privacy Statement.
 4. We reserve the right to charge for Mailchimp Text Messaging with prior
    written notice.
 5. You represent and warrant that you will immediately honor opt-out,
    unsubscribes, or other requests from Contacts who do not want to be
    contacted via Mailchimp Text Messaging.
 6. You represent and warrant that you will abide by “quiet hours” and will only
    send messages in compliance with these Additional Terms and applicable
    federal and state laws.
 7. You may choose to discontinue your use of Mailchimp Text Messaging at any
    time.

Part D: Use

You agree to use Mailchimp Text Messaging in accordance with Mailchimp’s
Acceptable Use Policy. You also agree not to use Mailchimp Text Messaging to:

 1.  send SMS messages to anyone you do not have the required consent to
     contact;
 2.  send SMS messages to any individual or phone number residing in or
     originating outside of the United States (including its territories);
 3.  send any content that is unlawful, harmful, threatening, abusive, vulgar,
     obscene, pornographic, invasive of another’s privacy or is otherwise
     objectionable;
 4.  send any messages related to sex (adult content), hate, alcohol, firearms,
     or tobacco (SHAFT);
 5.  send any messages related to marijuana, CBD and cannabis (or other
     federally illegal substances like vaping or prescription medication), debt
     collection, high risk loans, or lead generation;
 6.  transmit any content that you do not have a right to make available;
 7.  take any action that imposes an unreasonable or disproportionately large
     load on Mailchimp’s infrastructure;
 8.  impersonate any person or entity or falsely state or otherwise misrepresent
     an affiliation with a person or entity;
 9.  use or attempt to use Mailchimp Text Messaging for any purpose that is in
     violation of any applicable law or is otherwise an infringement on the
     rights of any person or entity;
 10. modify, decompile, reverse engineer, disassemble or reproduce any of the
     Mailchimp licensed or owned software, systems, applications or components
     used; or
 11. use deceptive, misleading or unethical practices that are or might be
     detrimental to Mailchimp or the general public (including but not limited
     to phishing, fraud or scams, deceptive marketing or sending any unlawful or
     illicit content).

Mailchimp reserves the right to terminate or suspend your account or your access
to Mailchimp Text Messaging if you violate these terms or our Acceptable Use
Policy

Part E: Liability and Privacy

 1.  You are responsible for understanding and complying with all applicable
     laws, rules, codes, regulations, and policies (including, without
     limitation, those related to SMS messages, marketing, and data privacy)
     currently in effect, as they are amended and as they become effective, that
     are applicable to your use of Mailchimp Text Messaging and determining
     whether our Service, including Mailchimp Text Messaging, is suitable for
     you in light of such laws, rules, and regulations (including any applicable
     carrier requirements).
 2.  You agree to use Mailchimp Text Messaging in full compliance with these
     Additional Terms, as well as our Standard Terms of Use and other policies.
     We may suspend or terminate your access to Mailchimp Text Messaging and/or
     suspend or terminate your Mailchimp account if you violate any of these
     terms.
 3.  We are not liable for your relationship with your Contacts and how you
     interact with them, including your collection of personal information. If
     applicable law requires, you must provide and make available a legally
     compliant privacy policy. It is your responsibility to consult with a
     licensed attorney to make sure your use of Mailchimp Text Messaging is
     compliant with all applicable laws.
 4.  We are not liable for your relationship with your Contacts and how you
     interact with them, including your collection of consent to communicate
     with your Contacts via SMS. If applicable law requires, you must obtain
     consent directly from your Contacts.
 5.  You acknowledge and agree that we are not responsible or liable for any
     data subject requests you receive from your Contacts as a result of this
     Service; provided, however, that we will provide reasonable assistance to
     the extent possible.
 6.  You represent, warrant and covenant that you have provided notice and
     obtained (or will obtain) all consents necessary under applicable law in
     connection with your use of Mailchimp Text Messaging. You shall have sole
     responsibility for the accuracy, quality, and legality of your use and
     collection of your Contacts’ data within Mailchimp Text Messaging.
 7.  You represent and warrant that all the content and material that you
     provide or use in connection with Mailchimp Text Messaging does not
     infringe upon or violate any copyright, trademark, privacy, publicity, or
     other proprietary right of any third party.
 8.  We cannot guarantee the security of every data transmission over the
     internet.
 9.  You agree to indemnify, defend us, and hold us and our Team harmless
     against all costs, claims, and liability that we may incur in connection
     with your use of Mailchimp Text Messaging including, but not limited to,
     your failure to abide by these Additional Terms.
 10. Mailchimp Text Messaging is provided “as-is” with no warranty of any kind.
 11. You agree to indemnify and hold us and our Team harmless from any losses,
     including legal fees and expenses, arising out of or that otherwise result
     from your use of Mailchimp Text Messaging or from a third party’s use of
     Mailchimp Text Messaging.

If you do not comply with these Additional Terms, or any other Mailchimp Terms,
we may, in our sole discretion, remove you and/or limit or revoke your access to
Mailchimp Text Messaging or any of its features, without any notice to you.

 * RELATED LINKS:

 * SMS Campaigns: 5 Key Strategies
 * Conversational SMS: Transform Your Messaging Game
 * Push Notifications vs. SMS: Which One Is Right for Your Business?

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