“Klaviyo will defend at its expense any suit brought against Customer, and will pay any settlement Klaviyo makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the Services infringe...”
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
Klaviyo assumes the financial and legal burden of defending intellectual property infringement claims about its own Services, limiting the customer's exposure to such third-party suits.
Interpretive note: The excerpt is cut off after 'infringe,' so the full scope of what constitutes a covered infringement claim, and any exceptions or conditions, cannot be determined from this excerpt alone.
If a third party sues the customer alleging that the Services infringe, Klaviyo bears the defense costs and is responsible for paying approved settlements or final damages.
How other platforms handle this
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
"Klaviyo will defend at its expense any suit brought against Customer, and will pay any settlement Klaviyo makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the Services infringe...Excerpt from Klaviyo's Terms of Service
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Klaviyo assumes the financial and legal burden of defending intellectual property infringement claims about its own Services, limiting the customer's exposure to such third-party suits.
If a third party sues the customer alleging that the Services infringe, Klaviyo bears the defense costs and is responsible for paying approved settlements or final damages.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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