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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You agree not to do any of the following: use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services; collect or harvest any personally identifiable information, including account names, from the Services; u...
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
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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). TCPA violations carry statutory damages of $500 to $1,500 per message, and private class actions are a well-documented enforcement mechanism. The FTC enforces CAN-SPAM requirements regarding subject lines, physical addresses, and opt-out mechanisms. 2) GOVERNANCE EXPOSURE: High. The allocation of compliance responsibility to users means that Klaviyo's platform customers bear direct exposure for any unlawful messaging campaigns. Businesses that acquire lists through third parties or use automated consent collection tools face heightened risk if those mechanisms do not satisfy TCPA's prior express written consent standard. 3) JURISDICTION FLAGS: TCPA exposure is US-wide but class action risk is heightened in jurisdictions with active plaintiffs' bars. CASL applies to any commercial electronic message sent to Canadian recipients regardless of sender location. EU users sending to EU recipients face additional obligations under the ePrivacy Directive and GDPR that are not fully addressed in this ToS provision. 4) CONTRACT AND VENDOR IMPLICATIONS: Businesses that use Klaviyo as part of a broader martech stack should confirm that upstream consent management platforms and CRM systems provide consent records that satisfy TCPA and CASL standards, since the ToS places verification responsibility on the user. Vendor contracts with list providers or co-registration partners may require review to ensure consent chain integrity. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should maintain documented consent records for all SMS and email subscribers, implement functioning opt-out mechanisms that process within TCPA and CAN-SPAM timeframes, and periodically audit list hygiene practices. Organizations sending into Canada should review CASL express consent documentation requirements.
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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.
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