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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
How other platforms handle this
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you...and in that case, you agree to cooperate with our defense of those claims.
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"if Klaviyo reasonably determines that Customer is unwilling or unable to defend Klaviyo or another indemnified party's interests, then Klaviyo may assume the defense against any claims at Customer's sole expense.Excerpt from Klaviyo's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “if Klaviyo reasonably determines that Customer is unwilling or unable to defend Klaviyo or another indemnified party's interests, then Klaviyo may assume the defense against any claims at Customer's sole expense.”
ConductAtlas has identified this type of provision across 232 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Klaviyo.