The agreement excludes Kit's liability for indirect, incidental, consequential, punitive damages, and lost profits, and limits total liability to amounts paid by the user in the prior twelve months where direct damages are concerned.
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 caps Kit's financial exposure to users who experience data loss, service interruption, account suspension, or revenue loss attributable to platform failure or third-party conduct. For users operating paid newsletters or commerce features, the exclusion of lost profits and lost data damages is operationally material given the revenue dependency the platform creates.
Interpretive note: Enforceability of consequential damages exclusions and the twelve-month cap varies by jurisdiction, particularly for consumer users in EU and UK jurisdictions under unfair contract terms legislation.
Under this clause, Kit's liability for losses including lost subscriber data, lost revenue from email campaigns, and service downtime is excluded or capped at amounts paid in the prior twelve months. The exclusion of consequential and lost profits damages applies even where such losses are foreseeable.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; or (iv) unauthorized access, use or alteration of your transmissions or content.Excerpt from ConvertKit's Terms of Service
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This provision caps Kit's financial exposure to users who experience data loss, service interruption, account suspension, or revenue loss attributable to platform failure or third-party conduct. For users operating paid newsletters or commerce features, the exclusion of lost profits and lost data damages is operationally material given the revenue dependency the platform creates.
Under this clause, Kit's liability for losses including lost subscriber data, lost revenue from email campaigns, and service downtime is excluded or capped at amounts paid in the prior twelve months. The exclusion of consequential and lost profits damages applies even where such losses are foreseeable.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ConvertKit.