The policy prohibits the use of Klaviyo's platform to send content that is deceptive, fraudulent, misleading, or in violation of applicable law, including privacy, intellectual property, anti-spam, and consumer protection laws.
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 provision creates a broad content standard that incorporates compliance with all applicable laws as a platform use condition, meaning regulatory violations in messaging campaigns may also constitute AUP violations subject to Klaviyo's enforcement authority.
Interpretive note: The scope of 'any applicable law or regulation' is jurisdiction-dependent and the provision does not specify a materiality threshold or whether Klaviyo will provide notice before enforcement.
Under this clause, all content transmitted through Klaviyo must comply with applicable laws including privacy, anti-spam, and consumer protection statutes. The agreement authorizes Klaviyo to act on violations of this provision, which may result in account suspension or termination.
How other platforms handle this
Do not generate images for political campaigns or to try to influence the outcome of an election. Do not generate images to spread misinformation or disinformation.
The following activities are prohibited: Selling, promoting, or distributing sexually explicit content, including pornographic materials, adult entertainment services, or explicit sexual products, except where explicitly permitted by Shopify.
engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology ("AI Tool").
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"You may not use Klaviyo to transmit, distribute, or store any material that is deceptive, fraudulent, or misleading, or that violates any applicable law or regulation, including without limitation laws relating to privacy, intellectual property, spam, and consumer protection.— Excerpt from Klaviyo's Klaviyo Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision incorporates by reference all applicable laws, which in practice engages CAN-SPAM, TCPA, CASL, GDPR, CCPA, and sector-specific consumer protection statutes enforced by the FTC and State Attorneys General. The broad formulation of 'any applicable law or regulation' creates an open-ended compliance obligation whose scope varies by jurisdiction and industry. 2. GOVERNANCE EXPOSURE: Medium. The provision is standard in AUP documents for messaging platforms but creates dual exposure: regulatory liability for the underlying legal violation and contractual liability via Klaviyo's enforcement rights. The broad framing does not specify a materiality threshold or notice requirement before enforcement action. 3. JURISDICTION FLAGS: EU/EEA users must ensure campaign content complies with GDPR's data minimization and purpose limitation principles. California users must assess CCPA/CPRA compliance for any personal data processed through campaigns. Businesses targeting minors must evaluate COPPA compliance for any content or data collection directed at users under 13. 4. CONTRACT AND VENDOR IMPLICATIONS: This clause functions as a pass-through compliance obligation, meaning Klaviyo may terminate service based on a user's violation of third-party legal standards without itself being subject to those standards. Procurement teams should note that this provision does not require Klaviyo to provide notice or an opportunity to cure before enforcement action. 5. COMPLIANCE CONSIDERATIONS: Legal teams should ensure that all campaign content, including subject lines, sender identities, and unsubscribe mechanisms, comply with CAN-SPAM and TCPA requirements. Privacy notices and consent mechanisms should be reviewed to ensure compliance with GDPR and CCPA. Content review workflows should include a legal compliance check for regulated industries.
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This provision creates a broad content standard that incorporates compliance with all applicable laws as a platform use condition, meaning regulatory violations in messaging campaigns may also constitute AUP violations subject to Klaviyo's enforcement authority.
Under this clause, all content transmitted through Klaviyo must comply with applicable laws including privacy, anti-spam, and consumer protection statutes. The agreement authorizes Klaviyo to act on violations of this provision, which may result in account suspension or termination.
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