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
The requirement establishes two specific and limited bases on which a subscriber may lawfully appear on a ConvertKit list, closing off other grounds for contact.
Interpretive note: The excerpt ends with an ellipsis ('consented to receive emails...'), indicating the full clause may contain additional conditions or qualifications not present in this excerpt. Confidence is medium because the complete permission standard may be broader or more nuanced than what is reproduced here.
Customers must ensure every subscriber either gave direct permission to receive marketing emails or made a purchase within the past 12 months and consented to email contact; no other basis satisfies ConvertKit's requirement.
How other platforms handle this
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"Frame" or "mirror" or otherwise incorporate part of the services into any website, or "deep-link" to any portion of the services without our express written permission...
Utilize automated means, including scraping, data mining, or similar data gathering and extraction tools, to access, query, or collect information from Upwork's Recruitment Services without express written permission...
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"We require that all Subscribers have given direct permission to receive marketing emails from the sender, or have purchased an item from the sender within the past 12 months and consented to receive emails...— Excerpt from ConvertKit's ConvertKit Acceptable Use Policy
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The requirement establishes two specific and limited bases on which a subscriber may lawfully appear on a ConvertKit list, closing off other grounds for contact.
Customers must ensure every subscriber either gave direct permission to receive marketing emails or made a purchase within the past 12 months and consented to email contact; no other basis satisfies ConvertKit's requirement.
ConductAtlas has identified this type of provision across 284 platforms. See the full comparison.
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