The policy prohibits using Klaviyo's platform to send unsolicited commercial messages or to engage in harassment, intimidation, or abusive communications directed at individuals or groups.
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 establishes a consent-based messaging standard that applies across all Klaviyo communication channels, including email, SMS, and WhatsApp, and creates an independent AUP violation ground for harassment-related conduct separate from anti-spam law compliance.
Interpretive note: The term 'unsolicited' is not defined in the document, and the standard for what constitutes sufficient solicitation or consent may differ across applicable legal frameworks including TCPA, CAN-SPAM, and GDPR.
Under this clause, all messages sent through Klaviyo must be solicited by the recipient, and the platform may not be used for harassing or abusive communications. The agreement treats unsolicited messaging as an independent AUP violation subject to account enforcement.
How other platforms handle this
You may not send any unsolicited commercial email (spam) that promotes our products or includes your Special Links.
You may not use the Services to transmit, distribute, or deliver unsolicited bulk email (spam), commercial email, or other messages in violation of applicable laws, including the CAN-SPAM Act; to operate mail bombing or denial-of-service attacks; or to facilitate any of the above.
The following activities are prohibited: Promoting, facilitating, or engaging in hate speech, harassment, or discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.
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"You may not use Klaviyo to send unsolicited messages or engage in harassment, intimidation, or abuse of any individual or group.— Excerpt from Klaviyo's Klaviyo Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision engages CAN-SPAM for email, TCPA for SMS, and CASL for Canadian recipients, all of which establish consent-based standards for commercial messaging. For SMS specifically, TCPA requires prior express written consent for marketing messages, and violations carry statutory damages of $500 to $1,500 per message enforced by private right of action and FCC oversight. 2. GOVERNANCE EXPOSURE: High for SMS marketing. TCPA exposure for unsolicited SMS campaigns is a significant litigation risk, with class action exposure based on per-message statutory damages. The policy's prohibition on unsolicited messaging aligns with but does not substitute for TCPA compliance. 3. JURISDICTION FLAGS: TCPA applies to all US SMS recipients regardless of the sender's location. CASL applies to all commercial electronic messages sent to or opened in Canada. EU ePrivacy Directive requirements apply to marketing emails and SMS sent to EU/EEA residents. Compliance obligations are concurrent and jurisdiction-specific. 4. CONTRACT AND VENDOR IMPLICATIONS: Businesses should ensure their consent collection and documentation practices satisfy both this AUP standard and the applicable legal consent standard for each channel. For SMS, documented prior express written consent records should be maintained at the individual contact level. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit consent collection mechanisms across all Klaviyo-connected channels, including SMS opt-in flows, email signup forms, and in-app consent prompts. Consent records should be stored with sufficient detail to demonstrate the date, method, and scope of each recipient's opt-in.
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This provision establishes a consent-based messaging standard that applies across all Klaviyo communication channels, including email, SMS, and WhatsApp, and creates an independent AUP violation ground for harassment-related conduct separate from anti-spam law compliance.
Under this clause, all messages sent through Klaviyo must be solicited by the recipient, and the platform may not be used for harassing or abusive communications. The agreement treats unsolicited messaging as an independent AUP violation subject to account enforcement.
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