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Does Mailchimp use AI on your list? The terms of 15 email tools

By Alexandre S. Published Last checked

Yes. Mailchimp sells generative AI on its Standard and Premium plans. Section 30 of its terms (10 October 2025) lets it use what you put into those features, “including Customer Data, for machine learning purposes”. It is one of six email tools out of 15 whose documents allow training on your data as it stands; HubSpot, the sixth, lets you opt out. Klaviyo adds a seventh case: it trains on data once it is aggregated or de-identified.

In plain words, training means a vendor feeds your contacts, emails or prompts into a model so the model learns from them. The table answers for each tool from its terms, read on 1 November 2026, with the clause.

Does each email tool train AI on your data? Terms read 1 Nov 2026
Tool Trains AI on your data Opt-out Where it says so
ActiveCampaign Yes None found Terms 4
Apollo Yes, its own models None found AI Policy; privacy policy 3.1
Brevo Yes, for its AI Features “Control Center” manages AI Features Terms 6.7
Mailchimp Yes Account settings; not said to stop training Terms 30
MailerLite Yes None found Terms 17.3
HubSpot Yes, unless you opt out Account settings Terms 5.3.1
GetResponse No No setting needed Terms 10
Kit No (help centre statement, 1 Oct 2026; terms silent) No setting needed Help centre FAQ
beehiiv The terms do not say No-training on Enterprise Terms 3
Instantly The terms do not say None found Terms 4.3, 6.3(b)
Klaviyo Yes, on aggregated or de-identified data None for machine learning; generative features are optional AI FAQs; terms 7.3, 8.1
lemlist The terms do not say None found Terms 7.5, 12
Omnisend The terms do not say None found Terms 10.7
Smartlead The terms do not say None found Terms 12
Substack The terms do not say None found Terms, AI services section

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“None found” means the terms, privacy policy and AI pages read hold no opt-out for training.

Two kinds of training: the vendor’s models and its AI suppliers

Two different questions hide inside “does my email tool train AI”. The first is whether the vendor trains its own models on your data. The second is whether the AI companies it buys from, such as OpenAI or Anthropic, may train on what passes through them.

Klaviyo and MailerLite answer the second question more clearly than the first. Klaviyo’s terms, 8.1, say “Customer Data will not be used to train third-party foundation models”. MailerLite’s AI policy says its partners OpenAI and Google do not train on your data. Both still keep rights for their own models, below.

Instantly goes the other way on suppliers. Its terms, 4.3, say it “is not responsible for the Third-Party Services’ handling of your Inputs or Outputs, including for use in their model training.”

Does Mailchimp train AI on your data?

Yes. Mailchimp’s Standard Terms of Use, section 30, give it an irrevocable licence to your AI Inputs and Outputs and say it “may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the AI Model”. The same section says you “instruct us to process Customer Data for such purposes”.

Section 30 mentions preferences “by visiting your account settings”. It does not say those settings switch training off.

The Intuit Global Privacy Statement, which covers Mailchimp, lists training AI models among its uses of personal information.

Standard Terms of Use, 30

We may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the AI Model, the Services, and similar products and features, and you instruct us to process Customer Data for such purposes.

Mailchimp’s standard terms of use, section 30. Mailchimp, Standard Terms of Use, 30,

The generative AI sits on Standard and Premium, as “No additional cost add-on” on the Mailchimp pricing page. What each plan adds is on Mailchimp pricing.

Which other email tools train AI on your contacts?

Four more tools write training into their legal pages: MailerLite, Brevo and ActiveCampaign in their terms, Apollo in its AI Policy.

MailerLite’s terms, 17.3, read: “You grant MailerLite a license to use your Inputs and Outputs to improve AI models”. No opt-out appears in its terms, AI policy or privacy policy.

Terms of service, 17.3

You grant MailerLite a license to use your Inputs and Outputs to improve AI models, and you agree to comply with any restrictions on AI usage.

MailerLite’s terms of service, clause 17.3. MailerLite, Terms of service, 17.3,

Brevo’s terms, 6.7, let it “use Content and Usage Data to enrich and train its AI Features” for “the sole purpose of improving the performance of the Services provided to You”, in particular fraud, phishing and spam prevention. The in-app “Control Center” manages AI Features, and fraud and spam detection cannot be turned off.

Terms of use, 6.7

Brevo may use Content and Usage Data to enrich and train its AI Features for the sole purpose of improving the performance of the Services provided to You, in particular to prevent fraud, phishing and unsolicited electronic communications, and to secure the Services.

Brevo’s terms of use, clause 6.7. Brevo, Terms of use, 6.7,

ActiveCampaign’s terms, section 4, let it “view, copy, and internally use Marketing Content to help us train and improve the Services”. The clause does not name AI models and gives no opt-out. The clause is read from the archived copy (Wayback, 5 October 2026) of the terms last updated 23 December 2025.

Terms of Service, 4

As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues.

ActiveCampaign’s terms of service, clause 4 (read from an archived copy of the page). ActiveCampaign, Terms of Service, 4,

Apollo’s AI Policy (10 August 2026) says it “may use Customer Data” to train its internal models. It adds that it does not share Customer Data with third parties to train their models.

Terms of Service, AI Policy

Apollo will not share Customer Data with any third party for the purpose of training such third party’s artificial intelligence or machine learning models.

Apollo’s terms of service, AI policy. Apollo, Terms of Service, AI Policy,

Can you opt out of AI training in HubSpot?

Yes. HubSpot’s Customer Terms of Service, 5.3.1, say: “You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account.” Opting out does not stop you using the AI features.

Customer Terms of Service, 5.3.1 Machine Learning and AI

We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account.

HubSpot’s customer terms, clause 5.3.1. HubSpot, Customer Terms of Service, 5.3.1 Machine Learning and AI,

The opt-out matters because the default is on: Product Specific Terms 7.1 say some AI settings start switched on. HubSpot’s help article, updated 8 September 2026, puts the AI Model Training toggle in your account’s AI settings. Only a Super Admin can turn it off, for the whole account. The change applies from then on: data already used stays in trained models.

Understand HubSpot’s AI model training

Super Admins permissions are required to turn off the AI Model Training toggle in your account’s AI settings.

This setting applies at the account level, and covers all eligible customer data.

It is not possible to delete previously used data from trained models. Opt-outs will only apply moving forward.

HubSpot’s help article on where the opt-out switch sits and who can use it. HubSpot, Understand HubSpot's AI model training,

Under 7.6, your AI inputs and outputs go to third-party AI providers HubSpot does not name.

Which email tools say they do not train on your data?

GetResponse and Kit. GetResponse’s terms, section 10, say: “The AI solutions we have selected ensure that the model does not learn from the content provided by the Customer.” It describes the providers it chose (OpenAI, and Azure OpenAI for course-creator support), and your input still goes to them for processing.

Terms of Service (US), 10

The AI solutions we have selected ensure that the model does not learn from the content provided by the Customer.

GetResponse’s US terms of service, clause 10. GetResponse, Terms of Service (US), 10,

Kit’s statement sits in its help centre, in the AI Connectors FAQ: “Kit itself does not train any AI/LLM on Kit data.” Its terms and privacy policy do not mention training. Once you connect ChatGPT or Claude to Kit, the FAQ says that provider’s own settings decide whether your data trains its models.

AI Connectors, security and data FAQ

Kit itself does not train any AI/LLM on Kit data. Please note, however, once a creator connects AI Connectors to a third-party AI client (ChatGPT, Claude, Gemini, etc.), that provider’s own data-handling settings govern whether prompts/data get used for model training.

Kit’s help article on AI Connectors. Kit, AI Connectors, security and data FAQ,

Does Klaviyo train AI on customer data?

Klaviyo trains its own models on aggregated or de-identified data, per its AI FAQs updated 29 June 2026: “To improve and train our proprietary models, Klaviyo uses aggregated or de-identified data.” Its terms, 7.3, allow the same use of aggregated data that does not identify you, and 8.1 keeps third-party foundation models out.

Terms of Service, 8.1

Customer Data will not be used to train third-party foundation models.

Klaviyo’s terms of service, clause 8.1. Klaviyo, Terms of Service, 8.1,

Klaviyo’s suppliers are kept out. The FAQs name OpenAI, Anthropic, AWS Bedrock and Gemini, and say they “are contractually prohibited from using customer data for training”. Its generative AI features are optional, but the FAQs say machine learning and predictive analytics cannot be switched off.

Where each email tool stores your data

Six of the 15 tools keep your data in the EU or offer an EU data centre. Brevo, lemlist and MailerLite do it by default; HubSpot, Klaviyo and ActiveCampaign offer it as an option.

Where each email tool stores your data and which AI suppliers it names, read 1 Nov 2026
Tool Where your data is stored AI suppliers named Where it says so
ActiveCampaign United States by default; EU data centre for eligible customers since 19 February 2024 None named Multi-regional data hosting policy
Apollo United States OpenAI, Anthropic, Google Gemini GDPR processing notice; AI Policy
beehiiv Not stated Not stated Terms; DPA
Brevo EU: France and Germany (OVH), Belgium (Google Cloud) OpenAI, Google Gemini, Anthropic, Langfuse Help centre; DPA sub-processor list
GetResponse Canada and the United States, for all account data OpenAI; Azure OpenAI for course creation Sub-processor list; terms 10
HubSpot Set by your sign-up location: United States or an EU data centre in Germany; paid accounts can move Not named Data hosting FAQ; Product Specific Terms 7.6
Instantly Not stated “OpenAI, Anthropic & more” Pricing page
Kit United States None named Privacy policy
Klaviyo United States; Germany as an opt-in EU data centre for new accounts OpenAI, Anthropic, AWS Bedrock, Gemini Sub-processor page (11 Sep 2026); AI FAQs
lemlist France, on OVH servers in the EEA (help centre, 12 May 2026); terms article 12 names Amazon Web Services Anthropic, OpenAI, Perplexity, Gemini Help centre; AI information page
Mailchimp United States Not named European data transfers help page; terms 30
MailerLite EU: Germany and the Netherlands; accounts outside the EEA, UK and Switzerland are served by MailerLite, Inc., its US company OpenAI, Google Security statement; AI policy
Omnisend Google Cloud; region not stated Not named DPA sub-processor annex; terms 11.1.5
Smartlead No single country: some hosting runs on servers spread across regions None named Privacy policy
Substack Not stated Not named; Decagon.ai runs its support chatbot Privacy notice; terms

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“Not stated” means the terms, privacy policy and DPA pages read name no storage country.

What the silent terms leave open

Six of the 15 tools publish no plain sentence on whether your data trains their own AI. Four of them still take a licence over anonymised or aggregated data from your account: beehiiv (terms 3), Instantly (6.3(b)), Omnisend (10.7) and Smartlead (12). The terms do not say whether that licence reaches model training.

Terms of Use, 3 (Aggregated Statistics)

You acknowledge that beehiiv may compile Aggregated Statistics based on your Content (as defined below). You agree that beehiiv may: (i) make Aggregated Statistics publicly available in compliance with applicable law; and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided, that such Aggregated Statistics do not identify you or Your Users.

beehiiv’s terms of use, section 3. beehiiv, Terms of Use, 3 (Aggregated Statistics),

Instantly’s terms, 4.3, leave model training by its AI suppliers to those suppliers.

Terms of Service, 4.3

Instantly is not responsible for the Third-Party Services’ handling of your Inputs or Outputs, including for use in their model training.

Instantly’s terms, clause 4.3. Instantly, Terms of Service, 4.3,

Omnisend’s terms, 10.6, let it copy content from your campaigns to build tools that spot problem accounts.

Terms of Service, 10.6

We may view, copy, and internally distribute content from your Target Communications and account to create algorithms and programs (“Tools”) that help us spot problem accounts.

Omnisend’s terms of service, clause 10.6. Omnisend, Terms of Service, 10.6,

Smartlead’s licence over your data, clause 12, covers developing other services and does not name AI training.

Terms and Conditions, 12 (User Data)

You grant us an irrevocable, perpetual licence (and consent) to use, process, copy, transmit, store and backup or otherwise access the User Data during the Agreement Subscription Period solely to: supply the Service to you (including to enable you and your personnel to access and use the Service); diagnose problems with the Service; Update or otherwise modify or maintain the Service; train our staff; and develop other services.

Smartlead’s terms, clause 12 on User Data. Smartlead, Terms and Conditions, 12 (User Data),

beehiiv is the one that sells the answer. Its pricing page lists “No-training / zero-retention” in the Enterprise column only.

lemlist limits its permission over your data to “providing the service (and for no other purpose)” in article 12. Article 7.5 grants a wider right over non-personal Data protected by intellectual property.

Terms of Service, 12

Your acceptance of this ToS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose).

lemlist’s terms of service, article 12 on Your Data. lemlist, Terms of Service, 12,

Its AI page names Anthropic for its AI Copilot.

Substack’s terms say its AI services run through third-party providers and their own sub-processors, without naming them. Its licence over your Posts covers improving Substack, with no sentence on AI training.

Terms of Use, Limited License to Us

You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack.

Substack’s terms of use, the licence you grant to operate Substack. Substack, Terms of Use, Limited License to Us,

If training is a deal-breaker, the tools whose documents say no are GetResponse and Kit, and HubSpot lets you switch it off.

Prices for each at your list size are on email marketing prices. What each AI feature does, and the plan that holds it, is on AI features in email tools. Every page of this section sits on the AI email marketing hub.

Every clause, quoted, with its terms date

Questions about email tools and AI training

Does Mailchimp have AI?

Yes. Its pricing page lists Generative AI Features on Standard and Premium. Free and Essentials leave them out.

Does Brevo train AI on my emails?

Yes, for its AI Features. Brevo’s terms, 6.7, name the purpose as “improving the performance of the Services provided to You”, in particular fraud, phishing and spam prevention.

Which email tool is safest for subscriber data and AI?

GetResponse (terms 10, about the AI providers it selected) and Kit (help centre FAQ) say your data does not train AI, and HubSpot documents an opt-out. For a newsletter, compare Kit against the others on the best newsletter platforms.

Every AI email marketing page, sorted by job, is in the AI email marketing hub

Sources

  1. Mailchimp: Mailchimp Standard Terms of Use, section 30, dated 10 October 2025; licence to AI Inputs and Outputs, machine learning on Customer Data. Checked
  2. Mailchimp: Mailchimp marketing plans, Generative AI Features on Standard and Premium. Checked
  3. HubSpot: HubSpot Customer Terms of Service, 5.3.1, dated 16 September 2026; training on Customer Data with an opt-out in account settings. Checked
  4. HubSpot: HubSpot Product Specific Terms, 7.1 some AI settings on by default; 7.6 third-party AI providers. Checked
  5. Brevo: Brevo Terms of Use, 6.7, dated 1 October 2025. Checked
  6. MailerLite: MailerLite Terms of Service, 17.3, dated 22 September 2026. Checked
  7. MailerLite: MailerLite AI policy, OpenAI and Google named as AI partners. Checked
  8. ActiveCampaign: ActiveCampaign Terms of Service, section 4 (Wayback capture of 5 October 2026), last updated 23 December 2025. Checked
  9. Apollo.io: Apollo AI Policy, dated 10 August 2026; internal models; OpenAI, Anthropic and Google Gemini named. Checked
  10. GetResponse: GetResponse Terms of Service, section 10, dated 9 June 2026. Checked
  11. Kit: How to connect the Kit MCP to your AI tools, Security and data FAQ on AI training. Checked
  12. Klaviyo: Klaviyo Terms of Service, 7.3 and 8.1, dated 17 December 2025. Checked
  13. Klaviyo: Klaviyo AI FAQs, updated 29 June 2026; proprietary models trained on aggregated or de-identified data; OpenAI, Anthropic, AWS Bedrock and Gemini named. Checked
  14. beehiiv: beehiiv Terms of Use, section 3, dated 6 October 2026. Checked
  15. beehiiv: beehiiv pricing, No-training and zero-retention listed for Enterprise. Checked
  16. Instantly: Instantly Terms, 4.3 and 6.3(b), dated 23 October 2026. Checked
  17. lemlist: lemlist Terms, articles 7.5 and 12, dated 17 September 2025. Checked
  18. lemlist: lemlist AI information. Checked
  19. Omnisend: Omnisend Terms of Use, 10.7 and 11.3, dated 30 April 2026. Checked
  20. Smartlead: Smartlead Terms and Conditions, clause 12, dated 19 May 2026. Checked
  21. Substack: Substack Terms of Use, dated 6 October 2026; Artificial Intelligence Services on Substack. Checked
  22. HubSpot Knowledge Base: Understand HubSpot’s AI model training, updated 8 September 2026; Super Admins turn off the AI Model Training toggle; account level; applies going forward only. Checked
  23. HubSpot Knowledge Base: HubSpot cloud infrastructure and data hosting FAQ, data centre assigned from the sign-up location; EU data centre in Germany; paid accounts can change it. Checked
  24. Mailchimp: Mailchimp and European data transfers, servers located in the United States. Checked
  25. Brevo Help Center: Brevo data storage location, EU servers: OVH in France and Germany, Google Cloud in Belgium. Checked
  26. MailerLite: MailerLite Security Statement, hosted in the EU, Germany and the Netherlands. Checked
  27. Klaviyo: Klaviyo sub-processors, updated 11 September 2026; existing accounts hosted in the United States; Germany as an opt-in EU data centre for new accounts. Checked
  28. Kit: Kit privacy policy, servers in the United States. Checked
  29. GetResponse: GetResponse list of sub-processors, provision of the Service, all account data: Canada, United States. Checked
  30. ActiveCampaign: ActiveCampaign Multi-Regional Data Hosting Policy, EU data centre for eligible customers from 19 February 2024; United States by default. Checked
  31. Apollo.io: Apollo GDPR processing notice, personal data hosted in the United States. Checked
  32. lemlist Help Center: How lemlist handles GDPR compliance, 12 May 2026; data stored in the EEA, on servers in France hosted by OVH. Checked
  33. Smartlead: Smartlead privacy policy, some hosting services run on geographically distributed servers. Checked
Portrait of Alexandre S.

Alexandre S.

Alexandre S. is a creative ad strategist and copywriter with ten years' experience in digital marketing across multiple channels.