The policy prohibits using the platform to transmit content that promotes illegal activities, incites violence, constitutes hate speech, or discriminates against individuals or groups based on enumerated protected characteristics.
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 content-based access conditions that operate independently of any legal compliance standard, giving Klaviyo contractual authority to suspend accounts based on content determinations that may not themselves be unlawful in all jurisdictions.
Interpretive note: The terms 'hate speech' and 'discrimination' are not defined in the document, creating interpretive ambiguity about the scope and enforcement threshold of this provision.
The agreement prohibits transmission of content promoting illegal activities, violence, hate speech, or discrimination through Klaviyo's platform. Accounts transmitting such content may be subject to suspension or termination under the AUP's enforcement provisions.
How other platforms handle this
Restricted Content includes clear violations of our Content Policy or applicable laws, and is subject to immediate action. Content designed to disrupt, damage, or gain unauthorized access to systems or devices. Content that attempts to transmit or generate malicious code (e.g., malware, trojans, vir...
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.
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"You may not use Klaviyo to send content that promotes or facilitates illegal activities, violence, hate speech, or discrimination based on protected characteristics including race, ethnicity, religion, gender, sexual orientation, disability, or national origin.— Excerpt from Klaviyo's Klaviyo Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision engages civil rights and anti-discrimination statutes to the extent that discriminatory messaging constitutes unlawful conduct; however, the AUP's content prohibition is broader than what is legally required in most jurisdictions, covering lawful-but-prohibited speech categories. The FTC and State Attorneys General may have enforcement interest where prohibited content constitutes unfair or deceptive practices. 2. GOVERNANCE EXPOSURE: Low to medium. This provision is standard in platform AUP documents and primarily creates contractual rather than regulatory exposure for users. The broad framing of hate speech and discrimination, without a precise definition, creates interpretive ambiguity about what content triggers enforcement. 3. JURISDICTION FLAGS: EU users should note that EU law, including the Digital Services Act, imposes hate speech content moderation obligations on platforms. However, this provision governs user conduct, not Klaviyo's platform-level obligations. The enforceability of vague content standards may vary under EU and UK contract law. 4. CONTRACT AND VENDOR IMPLICATIONS: The absence of defined standards for hate speech or discrimination in this provision means that Klaviyo's enforcement determinations are discretionary. Procurement teams should note that no defined appeal or review process is stated in the document for content-based enforcement actions. 5. COMPLIANCE CONSIDERATIONS: Marketing teams should implement content review processes to ensure campaign materials do not contain language that could be characterized as promoting illegal activity, violence, or discrimination. Legal teams should note that this provision grants Klaviyo enforcement authority independent of whether content violates applicable law.
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This provision establishes content-based access conditions that operate independently of any legal compliance standard, giving Klaviyo contractual authority to suspend accounts based on content determinations that may not themselves be unlawful in all jurisdictions.
The agreement prohibits transmission of content promoting illegal activities, violence, hate speech, or discrimination through Klaviyo's platform. Accounts transmitting such content may be subject to suspension or termination under the AUP's enforcement provisions.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Klaviyo.