Mailchimp Hub - Service Terms

1. Applicability

1.1. The following terms and conditions (hereinafter referred to as “Agreement”) govern the use of the "Mailchimp Hub" service (hereinafter referred to as “Service”) of Sooro GmbH, Am Damm 4, 01917 Kamenz, Germany (hereinafter also referred to as “Sooro”, "we", "us", "our").

1.2. The Agreement is between Sooro and you or the entity you represent (hereinafter also referred to as “you” or “your”).

1.3. The Agreement is an extension of our General Terms and Conditions. In the event of any discrepancy between the two, this Agreement shall prevail.

2. Our Responsibilities

2.1. The Service provides different ways to sync data between monday.com and Mailchimp in order to automate workflows. Depending on the plan selected, the Service includes a defined number of automation executions (hereinafter referred to as "Actions").

2.2 We provide and maintain the necessary applications, integration layers, and backend infrastructure to ensure the correct functioning of the Service. This includes hosting, maintaining, and monitoring all systems required to enable data synchronization between monday.com and Mailchimp. We guarantee an average annual availability of the Service of 99%, excluding. When technically possible, we may leverage monday.com’s native hosting or integration infrastructure.

2.3. The Service depends on the SDKs, APIs and Webhooks provided by monday.com and Mailchimp (hereinafter collectively referred to as “Third-Party APIs”). We do not develop or control these Third-Party APIs. We are solely responsible for developing, configuring, and operating our integration layer that orchestrates these external services.

3. Your Responsibilities

3.1. You are solely responsible for all settings, configurations, and mappings defined within our application. We will apply these configurations when executing Actions, but we do not audit or validate the correctness of your settings.

3.2. You must provide and maintain valid credentials (API keys, OAuth tokens, or similar authentication mechanisms) for both monday.com and Mailchimp.

3.3. You are responsible for complying with all applicable laws and regulations related to data privacy, data protection, and data processing (e.g. GDPR or CCPA).

3.4. You are responsible for the content of the data you sync.

3.5. You are responsible to use the Service only for lawful, legitimate business purposes.

4. Suspension

4.1. We may suspend your right to use our Service upon notice to you if we determine any of the following:

1. You are in breach of the obligations under Section 3 ("Your Responsibilities") or other parts of this Agreement.
2. You sell, transfer or sublicense our Service to any other entity or person.
3. You are abusing our free trial and/or our Free Plan.

4.2. You are still responsible for paying any fees and charges that you incur during the suspension period.

5. Conclusion, Duration and Termination of Contract

5.1. This Agreement will become effective when you click the "Connect Mailchimp Account" button presented with this Agreement.

5.2. You represent to us that you are legally able to enter into contracts (for example, that you are not a minor). If you are entering into this Agreement on behalf of a legal entity, such as the company for which you work, you represent to us that you have the legal capacity to bind that legal entity.

5.3. The term of this Agreement shall commence on the effective date and shall remain in effect until terminated, in accordance with the information in this Section 5.

5.4. You may terminate this Agreement for any reason by cancel the subscription in monday.com.

5.5. Both parties are entitled to terminate the contract extraordinarily in case of a material breach of this Agreement, and the material breach remains uncured for a period of 30 days from receipt of notice by the other party.

5.6. We may also terminate this Agreement, with immediate effect and upon notice, if your Service is suspended, or we have the right to do so for any reason mentioned under Section 4.

5.7. You will continue to be responsible for payment of all applicable fees and charges until the termination date.

6. Fees and Payment

6.1. The price for the Service used by you results from the completed online contract offer in monday.com.

6.2. Switching to another contract offer is possible based on the options offered in monday.com.

6.3. All offers are based on the monthly performed Actions (hereinafter referred to as “Usage Cycle”). All our plans have a certain number of Actions included.

6.4. Unused included Actions expire at the end of the Usage Cycle. The Usage Cycle is independent of the calendar month and results from the billing cycle.

6.5. All offers include an automatic renewal of one or 12 months (depending on the billing interval) provided the plan has not been cancelled. Upgrades and downgrades are taken into account accordingly.

6.6. To end an accepted offer by the end of the current billing cycle, you have to use the corresponding function in monday.com.

6.7. If we offer a free trial, you can try it the Service to its full extent for free during the trial period.

6.8. At the end of the free trial, you have the option to switch to a plan that guarantees the continued operation of the Servuce. If you decide against or do nothing, your Service will be stopped.

7. Liability

7.1. Excluded from the availability mentioned in Section 2.2 are times when the Servers are unavailable due to events beyond our control. For example, force majeure, technical problems beyond our control, actions of third parties who are not commissioned by us, restricted or missing functionality of the internet, any failures resulting from your breach of Section 3 (e.g., incorrect API credentials, misconfigurations, or unauthorized use), etc.

7.2. As stated in Section 2.3, we rely on Third-Party APIs (monday.com and Mailchimp). We are not responsible or liable for any errors, downtime, or disruptions caused by those Third-Party APIs.

8. Miscellaneous

8.1. We shall be entitled to use subcontractors in whole or in part for the Service. Any deviating provisions from a separate data processing agreement shall remain unaffected.

8.2. You agree that we may contact you via email or through the Service to provide you with information regarding product updates, technical problems, and feedback requests, as well as other business-related communications.

8.3. You acknowledge that any usage data, logs, or analytics generated by the Service may be collected and used by us for monitoring, troubleshooting, and improving the Service, provided that such data is aggregated or anonymized so that it cannot reasonably be used to identify you or your end users.

8.4. Should one or more provisions of this Agreement be ineffective, the remainder of the terms shall remain effective. The invalid provision shall be replaced by the relevant statutory provision.