ConvertKit

Severity 3 · notable

“IF YOU ENTER INTO A SUBSCRIPTION SERVICE, UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE BEFORE THE RENEWAL DATE, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR THE APPLICABLE MONTHLY OR ANNUAL TERM, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT.”

ConvertKit automatically renews your subscription and charges your saved payment method unless you cancel 30 days before the renewal date by contacting support.

You could be charged for another term if you forget to cancel within the 30-day window before renewal.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 3 · notable

“FOR PURPOSES OF THIS SECTION, THE “RENEWAL DATE” WILL BE THIRTY (30) DAYS AFTER KIT SENDS YOU AN ELECTRONIC COPY OF YOUR RECEIPT FOR THE PAID SERVICES FEES CHARGED FOR THE APPLICABLE MONTHLY OR ANNUAL TERM. IF YOU DO NOT WANT YOUR SUBSCRIPTION SERVICE TO AUTOMATICALLY RENEW, YOU CAN CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME PRIOR TO THE RENEWAL DATE BY CHANGING YOUR RENEWAL SETTINGS.”

ConvertKit considers your subscription renewed 30 days after they send your receipt, and you must cancel before then by changing settings or emailing them.

Missing the 30-day renewal notice window means you're automatically locked into another term.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 3 · notable

“YOU MAY ALSO CANCEL YOUR SUBSCRIPTION SERVICE BY SENDING A CANCELLATION EMAIL TO US AT LEGAL@KIT.COM. You may cancel a Subscription Service at any time, but if you cancel your Subscription Service before the end of the current subscription period, we will not refund any Paid Services Fees already paid to us.”

You can cancel your ConvertKit subscription anytime, but you won't get a refund for any time already paid for.

Canceling early means you forfeit the remaining value of your current subscription period.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 3 · notable

“If you do not agree to these price changes, you must cancel your Paid Services before the changes take effect. If you do not provide such notice, your Paid Services will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term.”

If you don't agree to ConvertKit's price changes, you must cancel before they take effect, or your subscription will renew at the new price.

Failure to cancel means you'll be automatically renewed at a higher price without explicit consent.

Matches Netflix Price Hike Class Action (2023)

Severity 3 · notable

“We may change the Paid Services Fees at any time, but any such change will not apply to you until such time as your current Subscription Service expires or is renewed (whichever is earlier). After such time, your use of the applicable Services will be charged at the then-current Paid Services Fees.”

ConvertKit can change their prices, but the new price only applies after your current subscription expires or renews.

You will be charged the new, potentially higher, price for your next subscription term if you don't cancel.

Matches Netflix Price Hike Class Action (2023)

Severity 4 · material

“In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.”

ConvertKit can process and store your information in the United States and other countries, which may offer fewer privacy protections.

Your data might be subject to different laws and protections than you're accustomed to.

Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)

Severity 3 · notable

“We reserve the right to change the account type, suspend, or terminate the Commerce Account of anyone who provides inaccurate, false, or incomplete information, or who fails to comply with the Commerce Account registration requirements.”

ConvertKit can terminate your account if you provide inaccurate, false, or incomplete information, or fail to meet registration requirements.

Providing incorrect information can lead to the termination of your account and loss of service.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“We reserve the right to apply technical or numerical limitations on use of the Services and other features we now make available and will make available in the Services, which may vary depending on the Services you obtain or purchase from us.”

ConvertKit can apply technical or numerical limits to your use of their services, which may differ based on what you purchase.

Your ability to use the services could be restricted by limits that vary depending on your subscription level.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“Without limiting any of our rights or remedies, we reserve the right to retain any and all fees collected from you if we terminate, deactivate or cancel your account or your access to the Services due to your breach of these Terms.”

ConvertKit will keep all fees paid if they terminate your account due to your breach of the terms.

You will not receive any refunds if your account is terminated for violating the contract terms.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 3 · notable

“We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you at any time.”

ConvertKit can modify their services or stop providing them to you at any time.

The services you rely on could be changed or discontinued with no prior notice.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“Although we have no obligation to screen, edit or monitor your User Content, we may: (i) delete or remove your User Content at any time and for any reason with or without notice; (ii) terminate or suspend your access to all or part of the Services if your User Content or your use of the Services is reasonably likely, in our sole determination, to violate applicable law or these Terms;”

ConvertKit can delete your content or suspend your access if your content or usage is likely to violate laws or their terms.

Your content can be removed and your account suspended based on ConvertKit's assessment of potential violations.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“You agree that Kit may change or terminate the Kit Provided Domains at any time, in its sole discretion.”

ConvertKit can change or terminate the domain names they provide to you at any time.

You could lose control of your provided domain name unexpectedly.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.”

ConvertKit can take back usernames, even if you're using them, to give them to businesses or individuals with legal claims.

You could lose your established username unexpectedly due to a legal claim by another party.

Severity 3 · notable

“Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and we will have the right to immediately terminate the rights granted herein and terminate your access to the Services.”

ConvertKit can immediately terminate your access to their services if you use them in a way they haven't authorized or if your content violates their terms.

Your access can be cut off instantly for unauthorized use or content issues, disrupting your business.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 3 · notable

“We reserve the right to cancel or suspend your Service if we are unable to successfully charge your payment method for any Paid Services.”

ConvertKit can cancel or suspend your service if they can't charge your payment method for any reason.

Payment processing issues can lead to an immediate suspension or cancellation of your service.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 3 · notable

“Unless you enter into a Subscription Service or A La Carte Service agreement with us to access some or all of the Services prior to the end of your free trial period, your access to the Services will automatically terminate.”

Your access to ConvertKit services will automatically end if you don't sign up for a paid plan before your free trial expires.

You will lose access to the services if you don't actively convert to a paid plan before your trial ends.

Matches Bungie / Destiny 2 Account Termination Litigation (2023)

Severity 4 · material

“OUR TOTAL LIABILITY AND THE OTHER KIT PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $5.00 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES IN THE TWELVE MONTHS PRIOR TO THE FIRST TIME YOU BRING A CLAIM UNDER THESE TERMS.”

ConvertKit's total liability for any claim is capped at the greater of $5.00 or the amount you paid them in the last 12 months.

If ConvertKit causes significant financial damage, your recovery is severely limited to a small amount.

Matches Yahoo! Customer Data Security Breach Settlement — settled for $118M (2019)

Severity 4 · material

“TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE OTHER KIT PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WE OR THE OTHER KIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”

ConvertKit and their affiliates will not be liable for any indirect, consequential, or special damages, including lost profits, even if advised of the possibility.

You cannot recover damages for indirect losses or lost profits if ConvertKit's service fails.

Matches Yahoo! Customer Data Security Breach Settlement — settled for $118M (2019)

Severity 4 · material

“YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING ANY THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.”

ConvertKit provides its services and content 'as is' without any warranties, including merchantability or fitness for a particular purpose.

You have no guarantee that the services will work as expected or be suitable for your specific business needs.

Severity 4 · material

“To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Kit and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Kit Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms (including any Supplemental Terms); (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your promotion, sale or licensing of any product or service via the Services, including but not limited to Kit Commerce; or (f) your conduct in connection with the Services.”

You must defend and cover all costs for any claims arising from your use of ConvertKit services, your content, or your violation of their terms.

You are responsible for legal costs and damages if your actions lead to a lawsuit against ConvertKit.

Matches T-Mobile Data Breach Settlement — settled for $350M (2022)

Severity 4 · material

“Updated Terms. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.”

ConvertKit can change the terms at any time, and your continued use of the services means you accept the new terms immediately.

You could be bound by new contract terms without explicitly agreeing to them, simply by continuing to use the service.

Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

Severity 4 · material

“We reserve the right to change the account type, suspend, or terminate the Commerce Account of anyone who provides inaccurate, false, or incomplete information, or who fails to comply with the Commerce Account registration requirements.”

ConvertKit reserves the right to change your account type or suspend/terminate your account if you provide inaccurate information or don't meet requirements.

Your account status or access can be changed or revoked based on ConvertKit's judgment of your information accuracy.

Matches X Corp. Verified User Class Action (2024)

Severity 4 · material

“You agree that Kit may change or terminate the Kit Provided Domains at any time, in its sole discretion.”

ConvertKit can change or terminate the domain names they provide to you whenever they decide.

You could lose control of your provided domain name at ConvertKit's discretion.

Matches X Corp. Verified User Class Action (2024)

Severity 4 · material

“We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you at any time.”

ConvertKit can modify their services or stop providing them to you at any time.

The services you depend on could be changed or discontinued without warning.

Matches X Corp. Verified User Class Action (2024)