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.
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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 286 platforms. See the full comparison.
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