The terms cap Klaviyo's total aggregate liability to a user at the fees paid by that user to Klaviyo during the twelve months preceding the claim, and exclude liability for indirect, incidental, consequential, and punitive damages.
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 a financial ceiling on Klaviyo's exposure to any individual claim, meaning users cannot recover damages exceeding their annual platform spend regardless of the nature or magnitude of any harm attributable to the service.
Interpretive note: Exact verbatim clause text was not available in the truncated HTML document; description reflects Klaviyo's standard ToS structure as publicly known.
Under this clause, the agreement limits Klaviyo's financial liability to twelve months of fees paid, and excludes categories of damages including lost profits and consequential losses, which may affect the recourse available to users who experience service failures or data incidents.
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1) REGULATORY LANDSCAPE: Limitation of liability clauses in B2B SaaS agreements are standard commercial practice and are generally enforceable under US contract law, though enforceability may vary by jurisdiction. EU consumer protection frameworks and certain B2B regulations in EU member states may impose constraints on liability limitations where negligence or data protection violations are involved; GDPR Article 82 establishes a right to compensation for data subjects that cannot be contractually waived by a data processor. 2) GOVERNANCE EXPOSURE: Medium. For high-volume Klaviyo users, the twelve-month fee cap may represent a material limitation on recovery in the event of a significant platform outage, data breach, or service failure affecting marketing operations. Organizations with substantial revenue dependence on Klaviyo-delivered campaigns should assess whether this limitation is adequately addressed in their risk management frameworks. 3) JURISDICTION FLAGS: EU and UK users may have additional statutory rights that limit the effectiveness of contractual liability caps in data protection contexts. California courts have historically scrutinized unconscionability arguments against limitation clauses in adhesion contracts, though B2B enforceability is generally stronger than B2C. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether the liability cap is proportionate to the business value at risk and whether cyber insurance or other risk transfer mechanisms adequately cover scenarios not addressed by the contractual cap. Negotiated enterprise agreements with Klaviyo may provide opportunity to adjust liability terms. 5) COMPLIANCE CONSIDERATIONS: Legal teams should document the liability cap as part of vendor risk assessments and ensure that internal risk frameworks account for the limitation when evaluating Klaviyo's role in revenue-critical marketing infrastructure.
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This provision establishes a financial ceiling on Klaviyo's exposure to any individual claim, meaning users cannot recover damages exceeding their annual platform spend regardless of the nature or magnitude of any harm attributable to the service.
Under this clause, the agreement limits Klaviyo's financial liability to twelve months of fees paid, and excludes categories of damages including lost profits and consequential losses, which may affect the recourse available to users who experience service failures or data incidents.
ConductAtlas has identified this type of provision across 236 platforms. See the full comparison.
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