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
PlanetScale will, at its sole option and expense, (i) procure for Customer the right to make continued use of the Product, (ii) replace or modify such...or (iii) terminate this Agreement and refund any prepaid but unused Fees
If an IP Claim arises, the indemnifying party may, at its sole discretion and expense (i) modify the Materials it provided to be non-infringing, replace them with non-infringing alternatives, or obtain a license...or (ii) upon 30 days' notice, terminate the indemnified party's use
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
"Klaviyo may, at Klaviyo's option: (a) procure for Customer the right to continue using the Service; (b) replace or modify the Services to be non-infringing... or (c) terminate this Agreement and refund to Customer the pro-rated portion of any prepaid fees...Excerpt from Klaviyo's Terms of Service
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “Klaviyo may, at Klaviyo's option: (a) procure for Customer the right to continue using the Service; (b) replace or modify the Services to be non-infringing... or (c) terminate this Agreement and refund to Customer the pro-rated portion of any prepaid fees...”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Klaviyo.