All defined terms used in this Acceptable Use Policy will have the meanings set forth in the Kajabi Platform Terms of Service Agreement (the “Platform Terms”).
Introduction
At Kajabi, the most important thing to us is helping our Heroes build and grow their businesses. In fact, one of our Core Values is that we obsess over our Heroes. Our Platform is used by people in over one hundred countries, each having diverse cultures and sharing content in dozens of languages. We want our Heroes to feel empowered to communicate and to share their knowledge, and we take seriously our role in keeping abuse off of our Platform. That’s why we’ve developed this Acceptable Use Policy (this “AUP”) to outline what is and is not allowed on Kajabi.
All Heroes must follow this AUP in their use of the Platform and any other Kajabi add-on, feature, community, or product that we may offer. If you violate this AUP, we may suspend and/or terminate your Account, block your access to the Platform, remove and/or delete Content from your Account(s); block all third-party access to Content on your Account(s); and/or communicate a violation to impacted third parties and/or law enforcement authorities (where appropriate and subject to applicable law).
Definitions
If not otherwise defined in this AUP or in the Platform Terms, the following definitions apply:
- “Contact” is any person that you, as a Hero, may contact through our Platform, or anyone on your distribution list about whom you have given us information or is anyone who has otherwise interacted with you via the Platform. For example, if you are a Hero, a subscriber to your email marketing campaigns or a user of your website or courses would be considered a Contact.
- “Customers” are your end users, customers, and subscribers.
- “Hero” is how we refer to our customers.
“Platform” is the entire platform of services, products, and other offerings operated by the Kajabi group of companies offered through our website, https://kajabi.com and any other website or mobile application owned, operated, or controlled by us, including all insights, analytics, and other features we make available through our products and services. Any new features or tools that are added to the current offering will be deemed part of the Platform and will also be subject to this AUP.
Legal Compliance
You must use the Platform in compliance with, and only as permitted by, applicable law. The use of our Platform in conjunction with other tools or resources in furtherance of any of the unacceptable uses we describe is also prohibited. We encourage you to seek independent legal counsel to determine what laws are applicable to your business and the use of the Platform.
Your Responsibilities
You are responsible for your conduct, Content, and communications with others while using the Platform. You must comply with the following requirements when using the Platform. If we become aware of any conduct or Content that falls outside the bounds of what is acceptable under this AUP, we will take all appropriate action, including limiting access to it, removing it and/or reporting it, as well as suspending or terminating your Account. We may also take steps to prevent uses of our Platform that are contrary to the spirit of this AUP.
- You may not use the Platform to commit any unlawful activity; or for activities where use or failure of the Platform could lead to physical damage, death, mental harm, or personal injury.
- You may not provide any individual under the age of 16 (or under any other restricted age as provided in certain countries and territories) with access to the Platform or your Content.
- You may not purchase, use, or access the Platform for the purpose of building a product or service that is competitive to Kajabi or for any other competitive purposes.
- You may not misuse our Platform by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that Kajabi imposes on your Account (such as by opening up a new account to create or distribute Content) that we have closed for a violation of our terms or policies.
- Unless authorized by Kajabi in writing, you may not probe, scan, or test the vulnerability or security of the Platform or any Kajabi system or network.
- Unless authorized by Kajabi in writing, you may not use any manual or automated system or software to extract or scrape data from websites or other interfaces through which we make our Platform available.You may not deny others access to, or reverse engineer, the Platform, or assist anyone else to do so, to the extent such restriction is permitted by law.
- You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Platform.
- You may not use the Platform to infringe the intellectual property rights of others.
- Unless authorized by Kajabi in writing, you may not resell or lease the Platform.
- If your use of the Platform requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Kajabi has agreed with you in writing otherwise. You may not use the Platform in a way that would subject Kajabi to those industry-specific regulations without obtaining Kajabi’s prior written agreement.
- You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, unless you have the required consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- You may not use the Platform to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
- You must use a valid email address to register an account. You may not register accounts using a disposable or temporary email address, “bots”, or other unauthorized automated methods.
- We may offer content for use with the Platform, such as images or video that are provided by third parties. You may use that material solely in your Content. Kajabi may modify or revoke that permission at any time at our sole discretion. In using such material, you may not imply that your Content or use of the Platform is affiliated with or run or endorsed by any company, product, brand, or service depicted in that material unless you have obtained their prior written consent.
- You may not engage in abusive or excessive usage of the Platform, which is usage significantly in excess of average usage patterns of reasonable users similar to you, including any usage that adversely affects the speed, responsiveness, stability, availability, or functionality of the Platform for other users. Kajabi will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Kajabi.
- To the extent that you use the Platform to record or monitor calls, coaching sessions, online meetings, or other communications, you must comply with all applicable laws related thereto, including securing any required prior consents.
- You must comply with all acceptable use policies of Third Party Services that you use in connection with the Platform, (e.g., Stripe and Paypal).
- You may not host or transmit Content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest (including health, safety, election integrity, and civic participation).
Malicious and Deceptive Practices
We strive to protect all our users. We take specific measures to ensure users are not misled by content used for fraudulent, deceptive, or malicious purposes. You may not perform activities or upload or distribute Content that harm or disrupt the operation of the Platform or others or use the Platform for deceptive commercial practices or any other illegal or deceptive activities. Accordingly, we will suspend and/or terminate any such use, as determined in our sole discretion including, but not limited to the following:
- attempting to collect social security numbers or similar government-issued identification numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Platform), passwords, or other similar types of sensitive information;
- publishing a person’s sensitive identifying information without their consent;
- intending to harm, deceive, and/or mislead recipients, including by linking to websites with malicious software such as malware;
- promoting or recruiting for pyramid schemes, multi-level marketing campaigns, or other false earning scams;
- hosting Content that is merely intended to solicit clicks to other sites; or
- knowingly and artificially boosting or inflating a website or webpage’s search engine ranking or reputation, including by offering or selling social media “likes”, followers, reviews, comments, or similar services.
Privacy and Impersonation
Your Customer and Contacts provide information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Platform.
- We encourage you to disclose your privacy practices when you use the Platform and, if you do, we require you to act in accordance with those practices.
- You may not claim that any use of our Platform is anonymous when it is not.
- You may not impersonate others when using the Platform or collecting information.
Cybersquatting
We don’t like username extortionists. If you purchase a Kajabi account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.
Email and Text Message Requirements
Kajabi has a zero-tolerance spam policy. We treat our Heroes’ and their Customers’ and Contacts' names, email addresses, mobile numbers, and other personally identifiable information with respect and expect our Heroes who collect such information to do the same. You must abide by all provisions of our Anti-Spam Policy.
Violence and Hateful Content
We may limit access to or remove Content and may report information related to that Content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety and health exists.
- Our Platform may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, terrorism, or property damage.
- Our Platform may not be used for hate speech, or to promote, condone, or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, age, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any forms of discriminatory intolerance or other protected classes under applicable law. You may not use our Platform to promote or support organizations, platforms, or people that promote or condone such hate or threaten or condone violence to further a cause.
- Our Platform may not be used to promote, incite, or glorify self-harm or acts of terrorism.
- Our Platform may not be used to capitalize on sensitive events. We will not allow Content that may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, conflict, death, political violence, or other tragic event with no discernible benefit to the victims.
- Our Platform may not be used to promote or depict cruelty or gratuitous violence towards animals, or which may be interpreted as trading in or selling products derived from threatened or extinct species.
Bullying, Harassment, and Criminal Activity
You may not use our Platform to bully, harass, defame, or threaten others, in furtherance of any criminal activity, or in violation of any applicable laws of the jurisdiction in which you operate or do business.
Terrorist Organizations
You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.
Child Exploitation
You may not offer goods or services, or post or upload Content, that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information of children. This includes Content that may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of children.
Pornography and Offensive Material
We acknowledge nudity, pornography and gore may have a legitimate place in certain uses of our Platform. However, we discourage the gratuitous inclusion of such materials.
- You may not include gratuitous graphic violent material or pornography in connection with the use of our Platform.
- We recommend adding a conspicuous warning screen before displaying any material that may contain nudity, adult content, or be offensive in nature.
- You may not under any circumstances share, transmit, upload, or store materials that constitute unlawful pornography or materials that are otherwise indecent.
Some industries have higher-than-average abuse complaints, which can jeopardize our reputation and deliverability. In order to maintain the reliability of our Platform, we may not allow certain types of Content, including, but not limited to:
- Escort services, mail-order bride/spouse finders, international marriage brokers, and similar sites.
- Hookup/pickup, swinger, pay-per-view, adult live chat features, or sexual encounter sites.
Intellectual Property Infringement
We require that all our Heroes respect the intellectual property rights of others. You must have the appropriate rights to any Content or Customer Data you use or include through the use of our Platform. It is your responsibility to determine what rights you need, to obtain and maintain those rights, and to understand how you are permitted to exercise those rights. You may not offer goods or services, or post or upload Content, that infringe on the copyright, trademark (this includes logos, brands, and other indicia of source), or any other intellectual property rights of others. We recommend that you seek independent legal counsel if you have questions about your use of content or intellectual property owned by a third party.
Best Practices
As an ecommerce and marketing platform with customers all over the world, we are committed to preventing abuse of our Platform to protect both our Heroes and their Customers and Contacts. It’s also important to us to keep our Platform clean and avoid abuse because our reputation and deliverability depend on it. In our Help Center, we provide our Heroes resources outlining best practices for use of our Platform and we encourage all Heroes to seek independent legal counsel if you have any questions on what may be a violation of this AUP.
Kajabi’s Rights
Kajabi is not responsible for and does not necessarily endorse the Content and businesses of, or hold the opinions expressed by, our Heroes, content contributors, or other third parties. You acknowledge that by providing you with the ability to view and post Content through our Platform, Kajabi is not undertaking any obligation or liability relating to the Content. We (i) do not pre-screen Content; (ii) do not undertake or assume any duty to monitor our Platform for inappropriate or unlawful content; and (ii) assume no responsibility or liability that may arise from a Hero’s Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
You acknowledge that, in order to ensure compliance with legal obligations, Kajabi may review Content submitted to the Platform to determine whether it is illegal or whether it violates this AUP or the Platform Terms (such as when unlawful content is reported to us). We have the sole discretion to modify, prevent access to, delete, or refuse to display Content that we believe violates law, this AUP, or the Platform Terms. If Kajabi determines, in our sole discretion, that any use of the Platform violates this AUP or the Platform Terms, causes damage to our brand or reputation, or results in an excessive volume of complaints, we have the right to suspend or terminate your Account and your use of the Platform. It is also in our sole discretion to refuse or remove any Content from the Platform or to refuse service to anyone for any reason at any time.
Kajabi may modify this AUP at any time by posting a revised version at https://kajabi.com/policies/aup. By continuing to use the Platform or accessing your Account after a revised version of this AUP has been posted, you agree to comply with the latest version.
Reporting Violations
If you identify content that you believe is in violation of this AUP, you may file an abuse report at [email protected]. Please include the URL of the website at issue.
What happens if you violate our policies
Depending on the type of violation of our policies, Kajabi may respond in several different ways. In some cases, we may allow an appeals process for you to fix the policy violation. If you believe that your access and/or your account has been suspended in error, you may request an appeal by emailing us at [email protected]. Below is a list of various ways we enforce policies, without limiting Kajabi’s rights under applicable law.
Services suspension
We may suspend you from using the Platform or specific services or features if you violate our policies. This means that you can no longer use the Platform or applicable service until the problem is fixed and has passed a policy review. Depending on the nature of the violation, Kajabi will use reasonable efforts to notify you of the suspension and give you an opportunity to cure the violation.
Account termination
We may immediately terminate your account, or access to the Platform, if you have several violations or a serious violation. If this happens, access to the Platform or other relevant service(s) will be immediately disabled. Depending on the nature of the violation, we will provide you with access to your account in order to migrate your data off of the Kajabi Platform. In accordance with our Data Processing Addendum, any Customer Data may be deleted 90 days after your account termination. Any related accounts, including any new account, may be automatically suspended or terminated. We may report any illegal activity if required by law.