Terms of Use

Thanks for using TinyLetter. Please read these Terms carefully! By signing up or using TinyLetter, you’re agreeing to the Terms. This is a legal agreement.

We’ll start with the basics, including a few definitions that will help you understand this agreement. TinyLetter (“TinyLetter” or the “Service”) is an electronic newsletter service that is offered through the URL http://www.tinyletter.com (the “Website”) that allows you to create, send and manage email messages (each an “Email”) to a list of email addresses. TinyLetter is owned and operated by The Rocket Science Group, LLC d/b/a MailChimp, a Georgia limited liability corporation (“MailChimp”, “we”, or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). These Terms of Use (these “Terms”) define the terms and conditions under which you’re allowed to use TinyLetter.

ACCOUNT

1. Eligibility

In order to use TinyLetter, You must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

By using TinyLetter, you represent and warrant that you meet all the requirements listed above, and that you won’t use TinyLetter in a way that violates any laws or regulations. TinyLetter may refuse service, close accounts, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up with TinyLetter and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for TinyLetter on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or TinyLetter may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If your account is terminated, we may permanently delete all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4. Changes

We reserve the right to change any of the Terms by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, these new Terms will be effective immediately.

5. Charges

We’re glad to offer TinyLetter as a free service, but we may begin to charge for TinyLetter at any time by changing these Terms and posting a pricing schedule to the Website.

6. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized it. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

RIGHTS

7. Proprietary Rights Owned By Us

You shall respect our proprietary rights in the Website and the software used to provide TinyLetter. Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.

8. Proprietary Rights Owned By You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

9. Privacy Policy

You agree that we may access, collect, use and disclose your information as described in our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10. Right to Review Email Campaigns

We may view, copy and internally distribute content from your Emails and account to develop algorithms and programs ("Tools") that help us spot problem accounts. We may use these Tools to find Members who violate these Terms or applicable law.

RULES AND ABUSE

11. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website.
  2. You won’t use purchased, rented, or third-party lists.
  3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.

12. Bandwidth/Abuse Throttling

You may only use our bandwidth for your TinyLetter emails, and we may throttle your sending at our discretion.

13. Compliance with Laws

You represent and warrant that your use of TinyLetter will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via TinyLetter and collecting information from sending Emails, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of TinyLetter. You’ll get express consent to transfer data to TinyLetter as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through TinyLetter.
  3. Have collected, stored, used and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow TinyLetter to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

14. U.S. Export Controls

The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

15. Reporting Violations

If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.

LIABILITY

16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

17. No Warranties

*To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose. *

18. Indemnity

You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from claims by third parties that you or someone using your password behaved in a way that, if true, would violate any of these Terms.

19. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.

20. Disclaimers

We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.

21. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

22. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.

FINE PRINT

23. Notice to U.S. Government End Users

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, Georgia 30318.

24. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

25. Choice of Law

The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.

26. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

27. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.

28. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

29. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

30. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Term at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

32. Further Actions

You’ll provide all documents and take all actions that are necessary to meet your obligations under these Terms.

33. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Valerie Warner Danin, Attn. Legal Department, MailChimp, 512 Means Street, Suite 404, Atlanta, GA, 30318, or any addresses as we may later post on the Website.

35. Entire Agreement

These Terms, our Privacy Policy, our Acceptable Use Policy (both of which are incorporated into these Terms by reference) and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations and understandings.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about TinyLetter's policies.