The policy places full legal compliance responsibility on the account holder for all applicable federal, state, local, and international laws governing their use of the platform, including privacy, data protection, intellectual property, consumer protection, and commercial communications statutes.
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 that Klaviyo does not assume compliance responsibility on behalf of users, and that account holders bear sole legal responsibility for ensuring their campaigns and data practices satisfy all applicable regulatory requirements. This includes jurisdiction-specific obligations that may vary by recipient location.
Interpretive note: The provision does not specify which jurisdictions' laws take precedence where conflicts exist, and the scope of 'international laws' creates compliance uncertainty for businesses with global recipient bases.
Under this clause, businesses using Klaviyo are solely responsible for ensuring their campaigns comply with all applicable laws, including jurisdiction-specific privacy and anti-spam regulations. The agreement does not provide compliance guidance or assume any shared compliance obligation with the account holder.
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You must process unsubscribe requests within 10 business days, and the unsubscribe mechanism must remain operational for at least 30 days following the campaign send.
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
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"You are responsible for ensuring that your use of Klaviyo complies with all applicable federal, state, local, and international laws and regulations, including without limitation laws relating to privacy, data protection, intellectual property, consumer protection, and commercial communications.— Excerpt from Klaviyo's Klaviyo Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision implicates GDPR, CCPA/CPRA, TCPA, CAN-SPAM, CASL, and any applicable national data protection laws for all jurisdictions from which campaigns are sent or in which recipients are located. The breadth of 'international laws and regulations' creates compliance obligations that vary significantly by recipient geography and industry sector. 2. GOVERNANCE EXPOSURE: Medium. This is a standard indemnification-adjacent provision that transfers compliance responsibility entirely to the account holder. For multinational businesses, the obligation to comply with all applicable international laws creates a complex, jurisdiction-layered compliance requirement that is not further specified in the document. 3. JURISDICTION FLAGS: EU/EEA users face the most significant exposure given GDPR's extraterritorial reach and the ePrivacy Directive's specific requirements for electronic marketing. California-based businesses must ensure CCPA/CPRA compliance for consumer data processed through Klaviyo. Illinois businesses should evaluate BIPA implications if biometric identifiers are used in any connected processes. 4. CONTRACT AND VENDOR IMPLICATIONS: This provision functions as a full compliance liability transfer from Klaviyo to the account holder. Procurement teams should evaluate whether this allocation is consistent with their organization's vendor risk management standards and whether additional contractual protections such as compliance representations or indemnification provisions are appropriate. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should maintain a jurisdiction-by-jurisdiction compliance matrix covering all applicable messaging and data protection laws for every recipient geography addressed by their Klaviyo campaigns. Data processing agreements and consent records should be reviewed and updated to reflect the full scope of applicable legal requirements.
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This provision establishes that Klaviyo does not assume compliance responsibility on behalf of users, and that account holders bear sole legal responsibility for ensuring their campaigns and data practices satisfy all applicable regulatory requirements. This includes jurisdiction-specific obligations that may vary by recipient location.
Under this clause, businesses using Klaviyo are solely responsible for ensuring their campaigns comply with all applicable laws, including jurisdiction-specific privacy and anti-spam regulations. The agreement does not provide compliance guidance or assume any shared compliance obligation with the account holder.
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