7 Total
2 High severity
4 Medium severity
1 Low severity
Summary

Klaviyo's Terms of Service govern access to its marketing automation platform covering email, SMS, WhatsApp, AI features, and related services used primarily by businesses to communicate with their own customers. The terms establish that users are responsible for ensuring their use of the platform complies with applicable messaging laws including CAN-SPAM, TCPA, and CASL, and that Klaviyo's total liability to a user is capped at fees paid in the twelve months preceding a claim. The agreement also states that users must indemnify Klaviyo against third-party claims arising from their content, their customer data, or their violation of applicable law.

Technical / Legal Breakdown

This document is Klaviyo's Terms of Service governing access to and use of Klaviyo's marketing automation platform, including email, SMS, WhatsApp, mobile, and AI-powered (K:AI) services, with the agreement stated to be between the user and Klaviyo, Inc. The terms authorize Klaviyo to suspend or terminate accounts for violations of its acceptable use policy, assert that users are responsible for all content transmitted through the platform including compliance with anti-spam laws (CAN-SPAM, TCPA, CASL), and establish that Klaviyo's liability is limited to fees paid in the prior twelve months. The document's B2B orientation means that Klaviyo acts as a data processor for customer data uploaded by its merchant users, creating a layered accountability structure under which the merchant-customer is the data controller responsible for lawful basis of processing; the terms assert indemnification obligations on users for third-party claims arising from their use of the platform. The agreement engages GDPR and UK GDPR (given Klaviyo's disclosed EU and UK offices), CCPA and other US state privacy laws, TCPA governing SMS messaging, and CAN-SPAM governing commercial email; the document references a separate Data Processing Agreement for EU and UK users, and compliance obligations under those frameworks may impose requirements beyond what this ToS alone addresses. Applicable law and jurisdiction clauses designate Massachusetts law and courts, which may interact with mandatory consumer protection frameworks in EU member states and other jurisdictions.

Institutional Analysis

Institutional analysis available with Compliance

Regulatory exposure by statute, material risk assessment, vendor due diligence action items, and enforcement precedent. Available on Compliance.

Start Compliance free trial
High — 2 provisions
Medium — 4 provisions
Low — 1 provision

Monitoring

Klaviyo has updated this document before.

Monitor includes same-day alerts, structured change summaries, and monitoring for up to 10 platforms.

Start Monitor free trial Or create a free account →

Compliance Governance Intelligence

Need provision-level monitoring and regulatory mapping?

Compliance includes governance timelines, compliance memos, audit-ready analysis, and full provision tracking.

Start Compliance free trial

Cross-platform context

See how other platforms handle Data Processing Agreement Reference for EU and UK Users and similar clauses.

Compare across platforms →
Archival ProvenanceSource & Archival Record
Last Captured May 20, 2026 12:15 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000892
Version ID CA-V-002791
SHA-256 02ed65b349faa956ef1ccbdff502faea26d27415cbcffa4ec06d52ab3503d72e
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

Governance Monitoring

Monitor governance changes across the platforms you rely on.

Structured alerts for policy changes, governance events, and provision updates across 318+ platforms.

Create free account Compare plans