The agreement prohibits use of the platform to send unsolicited bulk email, engage in phishing or pharming, or send email to recipients who have not consented, and requires users to comply with CAN-SPAM, CASL, and applicable email laws.
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 compliance with anti-spam law is a contractual obligation as well as a legal one, meaning violations may result in both legal liability and account termination under Kit's acceptable use policy. The consent requirement for all recipients creates an ongoing operational obligation for users to maintain documented consent records.
The agreement requires users to obtain consent from all email recipients and comply with CAN-SPAM and CASL, and prohibits unsolicited bulk sending. Failure to comply may result in account suspension or termination in addition to regulatory exposure under applicable law.
How other platforms handle this
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama 3 models (currently available at https://llama.meta.com/llama3/use-policy), which is hereby incorporated by referen...
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"You may not use the Service to send spam or other unsolicited bulk email, or to engage in phishing or pharming. You must comply with all applicable laws relating to email communications, including CAN-SPAM, CASL, and similar laws. You may not use the Service to send email to recipients who have not consented to receive email from you.— Excerpt from ConvertKit's ConvertKit Terms of Service
1. REGULATORY LANDSCAPE: This provision directly engages the CAN-SPAM Act (enforced by the FTC, with private rights of action for ISPs) and Canada's Anti-Spam Legislation (CASL, enforced by the CRTC, CRTC, and Competition Bureau). For users with EU or UK subscriber bases, GDPR and the Privacy and Electronic Communications Regulations (PECR) in the UK impose consent requirements that interact with this clause. The FTC is the primary enforcement authority for CAN-SPAM in the United States. 2. GOVERNANCE EXPOSURE: High for users who import subscriber lists without documented consent records. The contractual consent requirement is stricter than CAN-SPAM's opt-out model in some respects, aligning more closely with CASL's express consent standard, which may create compliance obligations beyond what US law alone would require. 3. JURISDICTION FLAGS: Canadian subscribers trigger CASL's express consent requirements, which are more stringent than CAN-SPAM. EU and UK subscribers trigger GDPR and PECR consent requirements. Users operating internationally must maintain consent documentation meeting the most stringent applicable standard for each subscriber geography. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B users who import subscriber lists sourced from third parties should conduct due diligence on consent provenance before uploading to Kit, as the contractual obligation attaches regardless of how consent was originally obtained. List brokers or co-registration partners should be evaluated against this standard. 5. COMPLIANCE CONSIDERATIONS: Users should implement and document consent collection workflows, maintain suppression lists, and audit imported subscriber lists for consent provenance. Unsubscribe mechanisms must function correctly and comply with CAN-SPAM's ten-business-day opt-out processing requirement.
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This provision establishes that compliance with anti-spam law is a contractual obligation as well as a legal one, meaning violations may result in both legal liability and account termination under Kit's acceptable use policy. The consent requirement for all recipients creates an ongoing operational obligation for users to maintain documented consent records.
The agreement requires users to obtain consent from all email recipients and comply with CAN-SPAM and CASL, and prohibits unsolicited bulk sending. Failure to comply may result in account suspension or termination in addition to regulatory exposure under applicable law.
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