The policy includes, as a prohibited category, any content that Kit determines at its discretion to be potentially harmful or misleading, without defining criteria for that determination.
This analysis describes what ConvertKit's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision reserves to Kit open-ended enforcement authority over content that does not fall within enumerated prohibited categories, based on an undefined standard of 'potentially harmful or misleading' content.
Interpretive note: The phrase 'any content we deem to be potentially harmful or misleading' provides no defined criteria, making the scope of this prohibition operationally indeterminate without additional published guidance from Kit.
Under this clause, account holders are subject to termination based on Kit's unilateral determination that content is potentially harmful or misleading, without defined criteria against which senders can assess compliance in advance.
Cross-platform context
See how other platforms handle Discretionary Prohibited Content Determination and similar clauses.
Compare across platforms →"Any content we deem to be potentially harmful or misleading.Excerpt from ConvertKit's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: Broad discretionary content moderation authority in platform terms of service is generally within the scope of Section 230 of the Communications Decency Act in the United States, which provides platform immunity for …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision reserves to Kit open-ended enforcement authority over content that does not fall within enumerated prohibited categories, based on an undefined standard of 'potentially harmful or misleading' content.
Under this clause, account holders are subject to termination based on Kit's unilateral determination that content is potentially harmful or misleading, without defined criteria against which senders can assess compliance in advance.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ConvertKit.