The terms place on platform users the obligation to ensure that all messages sent through Klaviyo comply with applicable laws including CAN-SPAM, TCPA, CASL, and similar anti-spam and telecommunications statutes, rather than assigning that obligation to Klaviyo.
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 that users, not Klaviyo, bear legal responsibility for the lawfulness of marketing messages transmitted through the platform, including consent acquisition, opt-out honoring, and content requirements under applicable messaging regulations.
Interpretive note: The exact verbatim text of this provision was not available in the truncated document provided; the description is based on Klaviyo's publicly known ToS structure and the HTML metadata present in the document.
Under this clause, businesses using Klaviyo assume direct compliance responsibility for email and SMS campaigns, including obligations under TCPA governing SMS consent and CAN-SPAM governing commercial email content and opt-out mechanisms.
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1) REGULATORY LANDSCAPE: This provision implicates TCPA (enforced by the FCC and through private right of action), CAN-SPAM (FTC enforcement), and CASL (CRTC enforcement in Canada).
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes that users, not Klaviyo, bear legal responsibility for the lawfulness of marketing messages transmitted through the platform, including consent acquisition, opt-out honoring, and content requirements under applicable messaging regulations.
Under this clause, businesses using Klaviyo assume direct compliance responsibility for email and SMS campaigns, including obligations under TCPA governing SMS consent and CAN-SPAM governing commercial email content and opt-out mechanisms.
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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