This analysis describes what Klaviyo'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 clause applies the legality standard not only to federal and state law but also to the individual recipient's jurisdiction, meaning the restriction is triggered by illegality in any one of those frameworks.
Interpretive note: The excerpt is a list item and the overarching prohibition verb is not contained within this excerpt. The restriction is inferred from placement in a restricted SMS/MMS content list. The 'including but not limited to' language signals the substance list is non-exhaustive. Additionally, some listed substances (e.g., CBD, marijuana) may be legal in certain jurisdictions, and the clause's jurisdictional scope (federal, state, or recipient's jurisdiction) creates complexity not fully resolvable from this excerpt alone.
Recipients are protected from receiving promotional SMS/MMS messages about substances that are illegal in their own jurisdiction, even if legal elsewhere.
How other platforms handle this
May harm the reputation of Tinder or its affiliates, meaning the uploading or sharing of content on the Tinder platform that is defamatory to Tinder or its affiliates or advocates misuse of the Service...
We don't allow Content that includes negative comments about identifiable individuals outside of this group.
Political content, including for dissemination in electoral campaigns.
"Illegal substances (federal, state, or in any message recipient's jurisdiction), including but not limited to CBD, marijuana/cannabis, prescription medication that cannot legally be sold over the counter, Kratom...Excerpt from Klaviyo's Acceptable Use Policy
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This clause applies the legality standard not only to federal and state law but also to the individual recipient's jurisdiction, meaning the restriction is triggered by illegality in any one of those frameworks.
Recipients are protected from receiving promotional SMS/MMS messages about substances that are illegal in their own jurisdiction, even if legal elsewhere.
ConductAtlas has identified this type of provision across 244 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Klaviyo.