Mailchimp Migration Services - Customer Terms & Conditions
Effective June 2024
Please read these Mailchimp Migration Services Terms & Conditions (“Migration Services Terms”) carefully. By signing up for the Mailchimp Migration Services program (the “Program”) on or after June 1, 2024, you’re agreeing to these Mailchimp Migration Services Terms, which will result in a legal agreement between you and The Rocket Science Group LLC d/b/a Mailchimp (collectively, “Mailchimp,” “we,” or “us”). Mailchimp is part of the Intuit group of companies and our parent entity is Intuit Inc. Capitalized terms used and not otherwise defined in these Mailchimp Migration Services Terms have the meanings given to those terms in our Standard Terms of Use. Where there is a conflict between the Mailchimp Migration Services Terms and the Standard Terms of Use, the Mailchimp Migration Services Terms will control to the extent of the conflict.
In order to be eligible for the Program, you must enroll in or be enrolled in a paid Mailchimp Premium marketing plan, be new to the Mailchimp platform, reside in the United States, United Kingdom, or Canada*, and seek to migrate your existing email and/or SMS marketing from a different provider and/or approved Mailchimp SMS application, as applicable (each eligible customer, a “Customer”); after Mailchimp has reviewed your eligibility and approved you to participate, we will match you with a migration specialist of our choice (a “Migration Specialist”) who will review and discuss your marketing goals and migration needs (“Discovery”), provide you with migration recommendations based on the results of the review (“Recommendations”), and perform migration services to implement the Recommendations ("Mailchimp Migration Services") in your Mailchimp Account.
*NOTE: SMS Migration Services are not available to Canadian customers at this time.
By clicking “I agree” and entering your email address below, you are agreeing to these Mailchimp Migration Services Terms during the Term (defined below).
1. Introduction. Who are you? “You” refers to the Customer (e.g., person or entity) who a) holds an active license or subscription to the Mailchimp Services under a paid Premium plan, with which the Mailchimp Migration Services will be enabled (customers on a Prepaid and PAYG plan are not currently eligible for the Mailchimp Migration Services program); b) resides in the United States, United Kingdom, or Canada*, c) is new to the Mailchimp platform, and d) seeks to migrate email and/or SMS marketing through participation in the Program. You agree to comply with these Mailchimp Migration Services Terms, and you additionally acknowledge your responsibility for the compliance of anyone using the Program on your behalf. You acknowledge and agree that, in order for a Migration Specialist to provide Mailchimp Migration Services to you in connection to the Program, you will be required to provide the Migration Specialist with access to your account(s). More details about connecting accounts can be found at the following URL:
https://mailchimp.com/help/connect-client-accounts/.
*NOTE: SMS Migration Services are not available to Canadian customers at this time.
2. What's included in Mailchimp Migration Services?
The Mailchimp Migration Services include two main services categories that may apply to you, depending on your needs:
- Premium Migration Service
- SMS Migration Services
Up to eight (8) hours of either Premium Migration Services or SMS Migration Services; or
Up to fourteen (14) hours of combined Premium Migration Services and SMS Migration Services.
After creation of your account, you will be matched to a Migration Specialist, who will conduct an initial Discovery meeting to discuss your Mailchimp marketing and migration needs, after which the Migration Specialist will provide marketing and migration Recommendations in writing via email. If you choose to proceed with Mailchimp Migration Services based on those Recommendations, you can expect to receive up to eight (8) hours, or, if applicable, fourteen (14) hours of Mailchimp Migration Services (as described in more detail Section 2.B below), as applicable per your needs.
A. Initial Discovery Meeting
Upon matching to a participating Migration Specialist, the Migration Specialist will schedule an initial Discovery meeting to discuss your marketing goals and migration needs, which will inform their Recommendation and the resulting type and quantity of Mailchimp Migration Services they will provide within your Mailchimp Account.
B. Mailchimp Migration Services:
a. Audience / List Management: list import, audience audit and clean up (segmentation of inactives, tag, field, and group audit), field, tag, group creation, segment creation
b. Integrations: This is limited to enabling integrations with platforms currently available from Mailchimp as specified below.
i. Native: Shopify, Squarespace, MailMunch, Canva, WooCommerce, Zapier, Big Cartel, Squarespace Commerce, BigCommerce
ii. Custom: Salesforce, Prestashop
C. Sign Up Forms: Update/migrate sign-up form(s)
D. Automations: Set up existing Automations/Customer Journeys in Mailchimp (up to 4)
E. Additional meetings or check-ins as needed.
Note: The foregoing types Mailchimp Migration Services may apply to both Premium Migration Services and SMS Migration Services.
If you are unresponsive at any point during the Mailchimp Migration Services process, Mailchimp reserves the right, within its sole discretion, to terminate your existing match to a Migration Specialist and/or terminate your enrollment in the Program.
If your assigned Migration Specialist is unresponsive to you or Mailchimp, or fails to deliver the agreed-upon service at any point during the Mailchimp Migration Services process, we reserve the right to terminate their participation in the Program moving forward, and reassign you to a different Migration Specialist.
After completion of Mailchimp Migration Services, Mailchimp will send a post-migration survey for your completion.
3. Term and Termination. The “Term” of your authorized use of Mailchimp Migration Services will commence on the next date that you are billed for monthly Mailchimp services, contingent upon the following: 1) you have accepted these Mailchimp Migration Services Terms, and 2) if applicable, your SMS application has been approved. The Term shall continue until the earliest of that date a) you have received finalized Mailchimp Migration Services in connection to your engagement with the Migration Specialist, b) your participation in the Program is terminated by either you or Mailchimp, or c) thirty (30) days have elapsed from the date you accept these Mailchimp Migration Services Terms, on which date your enrollment in the Program will be automatically terminated (“Termination”). If you choose to Terminate your participation in Mailchimp Migration Services, you may do so at any time by communicating your intentions to your Migration Specialist. Following the Term, these Mailchimp Migration Services Terms will be of no further effect as applied to you until such time as you successfully re-enroll in the Program, to the extent such re-enrollment becomes available and/or applicable. Note that Mailchimp does not guarantee your continued access to the Recommendations following the Term; such access will be within the Migration Specialist’s sole discretion. Each Customer is limited to one (1) free migration through the Mailchimp Migration Services program.
4. Data Privacy.
(a) You agree and acknowledge that your use of Mailchimp Migration Services, and any personal information processed thereunder, is subject to Mailchimp’s Privacy Policy available at https://www.intuit.com/privacy/statement or any successor URL. Any other privacy policies shall apply as disclosed to you. You are responsible for ensuring that your use of Mailchimp Migration Services complies with Data Protection Laws. Without limiting the foregoing, you represent, warrant and covenant that you have provided notice and obtained (or will obtain) any notices and/or obtain any consents and rights required to enable your use of Mailchimp Migration Services.
(b) You acknowledge that we may record our telephone and/or video conversations with you with or without warning and you consent to such recording. We may use these recordings for any purpose not prohibited by the Mailchimp Privacy Policy.
5. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OFFER MAILCHIMP MIGRATION SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, AS WELL AS WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DURATION OF ANY STATUTORY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LIABILITY RELATED TO MAILCHIMP MIGRATION SERVICES OR ANY THIRD-PARTY COMPONENT, INCLUDING FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR COSTS OF DELAY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW FOR ANY REASON, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU UNDER THESE MAILCHIMP MIGRATION SERVICES TERMS EXCEED FIFTY DOLLARS (US $50). No action may be brought by you for any breach of these terms, more than one (1) year after the accrual of such cause of action. As some states do not allow the exclusion or limitation of incidental or consequential damages, then such limitations may not apply only to a user residing in such states.
7. Indemnification. You agree to defend, indemnify and hold harmless us, our providers, and any of our affiliates, including any of our or their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliate from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from: (i) your use of the Mailchimp Migration Services (or any part thereof) not in accordance with these Mailchimp Migration Services Terms; (ii) breach of any term of these Mailchimp Migration Services Terms, by you or anyone using your account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Program, including but not limited to a breach of your agreement with any other user; (iv) your violation of the Mailchimp Privacy Policy, any third party intellectual property rights, privacy rights or other rights through your use of the Program, or provision of information; and (v) your violation of any applicable law or regulation, including, without limitation, any Data Protection Laws applicable your use of Mailchimp Migration Services.
8. Modification of Services. We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, Mailchimp Migration Services (or any part thereof) without notice, at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of Mailchimp Migration Services (or any part of the Program).
9. Amendment of Terms. We may modify or change these Mailchimp Migration Services Terms from time-to-time, at our sole discretion and without any notice. If you do not agree to the new Mailchimp Migration Services Terms or if we terminate these Mailchimp Migration Services Terms, you must stop using the Program.
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