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The policy identifies seven industry categories subject to case-by-case evaluation, permitting some content within each category while prohibiting other specified variations, with eligibility determined by Kit on a per-account basis.
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 establishes that accounts operating in enumerated industry categories do not have guaranteed platform eligibility and are subject to individual assessment, creating operational uncertainty for businesses in these sectors that may only discover ineligibility after establishing platform dependency.
Interpretive note: The criteria, timeline, and procedural mechanisms for account-by-account evaluation in scrutinized industries are not defined in the policy, making advance compliance assessment uncertain.
Under this clause, account holders in affiliate marketing, financial education, trading and crypto, gambling, CBD and supplements, weapons, and MLM sectors are subject to individual eligibility review; the policy specifies that evaluation is conducted account-by-account without a defined timeline or appeal process.
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"In addition to the strictly prohibited categories above, there are industries and niches that we are not the best fit for, or may allow some versions of but not others. We will evaluate on an account-by-account basis. These include, but are not limited to: Affiliate Marketing... Financial or Educational offers... Trading and Crypto or Bitcoin... Gambling or betting related sites... CBD, Marijuana, or Supplement Marketing... Weapons... Multi-level Marketing...Excerpt from ConvertKit's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: Several of the enumerated scrutinized industries engage specific regulatory frameworks. CBD and marijuana marketing may interact with FDA regulations on health claims and state-level cannabis advertising laws. Financial and crypto content marketing may engage SEC, CFTC, and FTC regulations on investment solicitation and financial promotions. Gambling content may engage state gaming regulations and the Wire Act. The policy's condition that marijuana content be legal 'in the account owner's and Subscriber's jurisdictions' introduces a subscriber-level jurisdictional compliance obligation. (2) GOVERNANCE EXPOSURE: Medium. Businesses in scrutinized industries face account eligibility uncertainty that standard-category users do not, and the account-by-account evaluation standard is not time-bounded or procedurally defined in the policy. The policy states these industries are evaluated but does not define the criteria, timeline, or outcome notification process. (3) JURISDICTION FLAGS: The marijuana content provision explicitly requires assessment of legality in both the account owner's and subscriber's jurisdictions, creating a geographically variable compliance obligation that may be difficult to operationalize for senders with geographically distributed subscriber lists. Financial content senders operating across EU/US jurisdictions should assess whether permitted educational content satisfies applicable financial promotion regulations in each jurisdiction. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations in scrutinized industry categories should seek explicit written confirmation of platform eligibility from Kit before establishing operational dependency, as the policy reserves account-by-account determination without a defined process or timeline. (5) COMPLIANCE CONSIDERATIONS: Compliance teams in scrutinized industries should document the specific content categories used in campaigns against the permitted and prohibited distinctions stated in the policy for each industry category. For marijuana and CBD senders, a subscriber jurisdiction mapping process may be required to satisfy the policy's legality condition.
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This provision establishes that accounts operating in enumerated industry categories do not have guaranteed platform eligibility and are subject to individual assessment, creating operational uncertainty for businesses in these sectors that may only discover ineligibility after establishing platform dependency.
Under this clause, account holders in affiliate marketing, financial education, trading and crypto, gambling, CBD and supplements, weapons, and MLM sectors are subject to individual eligibility review; the policy specifies that evaluation is conducted account-by-account without a defined timeline or appeal process.
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