The agreement prohibits users from using the platform to distribute content that violates third-party intellectual property rights, is unlawful, harassing, defamatory, obscene, or otherwise objectionable, or facilitates unlawful activity.
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 the content compliance obligations that govern what users may send or publish through Kit, and violations are grounds for account suspension or termination under the termination provisions. The definition of prohibited content includes broad subjective categories such as 'otherwise objectionable,' which gives Kit discretionary enforcement authority.
Interpretive note: The term 'otherwise objectionable content' is undefined and grants Kit discretionary enforcement authority whose scope cannot be determined from the document text alone.
Under this clause, users are contractually prohibited from sending or publishing content that violates intellectual property rights, contains defamatory or obscene material, or facilitates unlawful activity. Violation of these restrictions may result in account suspension or termination without notice as authorized by the termination provision.
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 ...
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) using any automated system, including without limitation 'robots,' 'spiders,' 'offline readers,' etc., to access the Service; (iii) transmitting...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
Monitoring
ConvertKit has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable content; (iii) in furtherance of any unlawful activity.— Excerpt from ConvertKit's ConvertKit Terms of Service
1. REGULATORY LANDSCAPE: The prohibition on content violating third-party intellectual property rights engages the Digital Millennium Copyright Act (DMCA) and Lanham Act trademark protections. Prohibitions on obscene content interact with applicable federal and state obscenity laws. Prohibitions on unlawful activity engage a broad range of federal and state law depending on the nature of the activity. The FTC's jurisdiction over deceptive marketing practices is relevant to the prohibition on false or misleading content. 2. GOVERNANCE EXPOSURE: Medium. The inclusion of 'otherwise objectionable content' as a prohibited category gives Kit broad discretionary authority to determine what content violates the terms, which creates uncertainty about enforcement standards for users operating in niche or controversial content categories. 3. JURISDICTION FLAGS: Content standards vary by jurisdiction; content that is lawful in one country may be prohibited in another, and users operating internationally should account for the most restrictive applicable standard. EU users face additional content obligations under the Digital Services Act for platforms with significant reach. 4. CONTRACT AND VENDOR IMPLICATIONS: Users who redistribute content created by third parties, including licensed images, music, or written content, should ensure they hold appropriate licenses before using Kit to distribute that content, as this clause passes intellectual property compliance risk to the user. 5. COMPLIANCE CONSIDERATIONS: Content review processes should be implemented for high-volume or automated sending programs to verify compliance with these restrictions. Users in regulated industries such as financial services, healthcare, or legal services should additionally verify that content complies with applicable sector-specific advertising and communication standards.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Monitor: 10 platforms + same-day alerts. No credit card required.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision establishes the content compliance obligations that govern what users may send or publish through Kit, and violations are grounds for account suspension or termination under the termination provisions. The definition of prohibited content includes broad subjective categories such as 'otherwise objectionable,' which gives Kit discretionary enforcement authority.
Under this clause, users are contractually prohibited from sending or publishing content that violates intellectual property rights, contains defamatory or obscene material, or facilitates unlawful activity. Violation of these restrictions may result in account suspension or termination without notice as authorized by the termination provision.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ConvertKit.