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.
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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 Terms of Service
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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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.
ConductAtlas has identified this type of provision across 283 platforms. See the full comparison.
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