You will learn
Learn how to automatically generate your own mobile terms of service (TOS) in Klaviyo. In addition to generating a mobile TOS that you can customize to fit your needs, Klaviyo can also host the TOS for you, and you can add a link to your TOS anywhere (like forms where you collect SMS consent). Alternatively, you can copy the text in the TOS and paste into another page, like your existing TOS page.
This information is intended solely for educational and informational purposes and should not be construed as legal advice. The content provided is general in nature and may not reflect the most up-to-date information. Klaviyo strongly advises consulting with a qualified legal counsel to ensure your compliance with applicable laws and regulations in connection with your use of our services.
Why do I need a mobile TOS?
Before you begin collecting SMS consent from your customers, it’s important to update your terms of service so that subscribers know what to expect. Many countries require a TOS for any SMS program, and Klaviyo makes creating one simple.
Best practice for using Klaviyo's mobile TOSBest practice for using Klaviyo's mobile TOS
Your mobile TOS doesn’t need to be part of your normal TOS; it can be separate. What’s important is that you link to your mobile TOS anywhere you collect SMS consent.
If you're using Klaviyo's TOS as a base, note that you will need to update the language in for the following situations:
- If you are NOT using SMS for abandoned cart messages, then remove “(e.g., cart reminders)” from your terms of service.
- If you are either:
- Exclusively using a branded sender ID: remove any language about texting in keywords (e.g., STOP or HELP), since this number type can't receive these keywords.
- Never using a branded sender ID: remove the language about clicking the unsubscribe link in any text message to cancel).
- If you are not planning to use SMS for either service-related or promotional messages, remove any language from the TOS (second paragraph in the example).
- Similarly, if you are not planning to use SMS for a specific type of message (e.g., account alerts), remove mention of those messages.
Create a mobile TOS in Klaviyo
Follow the instructions below to learn how to find the mobile TOS generated by Klaviyo:
- Click on your brand name in the bottom left corner.
- Navigate to Settings > SMS.
- Select the Terms of Service tab.
- Under Terms of Service, click Create mobile terms of service.
- Review and (if necessary) update the following information in the modal:
- The full legal name of your company
- The email address for your Support team
- The types of promotional SMS messages you plan to send
- The types of transactional SMS messages you plan to send
- A link to your privacy policy
- If you have not yet done so, work with your legal/compliance advisors to update your privacy policy to cover your SMS program If you have already updated your privacy policy to include information on your SMS program, check the box that says I have updated my privacy policy to include SMS sending information.
- Click Continue.
- On the following page, review the generated mobile TOS, and update or customize it to make sure it fits your company's compliance requirements as needed. We recommend consulting your legal/compliance advisors and having them review the TOS.
- Choose 1 of the following options:
- Have Klaviyo host the mobile TOS for you (the default)
- Add to your existing terms of service
- Regardless of which option you choose, check the box that states: I acknowledge that these generated Mobile Terms of Service do not constitute legal advice. I agree to consult with legal counsel to make sure that I am complying with applicable laws in connection with my SMS marketing activities.
Next you have 2 options for what to do with the TOS:
Have Klaviyo host the mobile TOSHave Klaviyo host the mobile TOS
This option is best for those who want to direct customers specifically to a mobile TOS, as opposed to adding it to your existing TOS.
If you choose to allow Klaviyo to host the mobile TOS, we will supply a link you can use in your site navigation, checkout page, forms, emails, etc.
To get this link:
- Click Save after you check the acknowledgement box in step 9 of the last section.
- Click Copy URL.
- Click Done.
- Paste the URL wherever you want to link to your mobile terms of service.
Customers who click this link will see plain-text mobile TOS, similar to the one shown below. To preview this page, select the 3 dots then click View webpage.
You can update this text at any time. Simply navigate to the Mobile Terms of Service section, make your edits, and then click Publish.
Skip to the example of a mobile TOS.
Add to an existing TOSAdd to an existing TOS
This is for anyone who already has a TOS and simply wants to include language around a mobile or SMS program, or who wants to host their mobile TOS on their own branded page.
In this case, you will need to copy the generated text, go to and edit the page where you host your TOS, and then paste this language.
To get started:
- Click Save after you check the acknowledgement box in step 9.
- Click Save.
- Copy the generated updated Mobile Terms of Service text.
- Select Done.
- Navigate to your website/ecommerce platform.
- Find the page with your existing TOS.
- Paste in the copied text and make any other edits you need to make.
- Save the page.
Example: mobile program terms of service
[Insert Brand Name]
Mobile Message Service Terms and Conditions
Last updated: [insert date]
The [insert Brand Name] mobile message service (the "Service") is operated by [insert full Company Name] (“[insert Company Name] ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to [Company Name]’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of [Company Name] through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with [Company Name]. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to [insert your sending number] or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other [Company Name] mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to [insert your sending number] or email [insert support email address].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice [LINK to Your Privacy Policy].