Last Updated: February 26, 2026
These Onboarding and Migration Terms (“Migration Terms“) are Supplemental Terms under Section 2(a) of the Kit Terms of Service available at https://kit.com/terms (“Terms of Service“). These Migration Terms supplement and are incorporated into the Terms of Service and apply specifically to migration services provided by Kit. All capitalized terms not defined in these Migration Terms have the meanings set forth in the Terms of Service.
In accordance with Section 2(a) of the Terms of Service, these Migration Terms control over any conflicting or inconsistent provisions in the Terms of Service solely with respect to Migration Services as defined herein.
Migration Services are only available if you have an active Paid Service plan (e.g. “Creator” or “Creator Pro” plans) within the Subscription Services. For clarity, Migration Services are not available to you under any Free Service plan.
1. DEFINITIONS
“Arrows” means Kit’s project management portal, used to coordinate migration projects, communicate details, track tasks, and facilitate approvals.
“Business Day” means Monday through Friday, 8:00 AM to 5:00 PM U.S. Eastern Time, excluding U.S. federal holidays.
“Completion” means the point at which you have reviewed and approved the migrated data and assets via the designated approval task in Arrows, or when Completion is deemed to have occurred under Section 7.3.
“Migration Data” means the automations, email addresses, marketing campaigns, subscriber data, forms, landing pages, templates, and related marketing assets that you request Kit to migrate from your existing email service provider to your Kit account.
“Migration Services” means the data migration and onboarding services available to you under a Paid Service plan as described in Section 3 below.
2. SCOPE AND ACCESS PERMISSIONS
2.1 Purpose
These Migration Terms govern Kit’s provision of Migration Services to assist you in transferring your email marketing data and assets from your existing email service provider to your Kit account.
2.2 Grant of Access
By engaging Migration Services, you grant Kit and its authorized personnel limited permission to:
(a) Access your Kit.com account;
(b) Access your website and existing email service provider account(s);
(c) Access relevant third-party application integrations necessary for the migration; and
(d) Export, transfer, and import Migration Data for the sole purpose of performing Migration Services.
2.3 Scope and Duration of Access
The access granted under Section 2.2 is non-exclusive, limited solely to performing Migration Services, and valid only for the duration of the Migration Services. You may revoke this access upon written notice, which will constitute termination of Migration Services under Section 9.1.
3. MIGRATION SERVICES – INCLUSIONS
3.1 Included Services
Mini Migration Services include the transfer and setup of the following assets to your Kit account, subject to the specified limits:
| Asset Type | Limit |
|---|---|
| Subscriber Data | Migration of subscriber lists, tags, and associated data |
Standard Migration Services include the transfer and setup of the following assets to your Kit account, subject to the specified limits:
| Asset Type | Limit |
|---|---|
| Email Templates | Up to 3 custom email templates |
| Deliverability Review | Assessment and recommendations |
| Forms and Landing Pages | Up to 20 forms and/or landing pages combined |
| Visual Automations | Up to 20 Visual Automations |
| Sequence Emails | Up to 50 individual emails within sequences |
| Third-Party Integrations | Up to 4 third-party integrations or app connections |
| Subscriber Data | Migration of subscriber lists, tags, and associated data |
3.2 Assets Exceeding Limits
If your migration requires assets that exceed the limits in Section 3.1, Kit will notify you and discuss available options, which may include prioritizing certain assets within the limits or referring you to a Kit Expert for additional services to be separately agreed upon by you and Kit. Kit is not obligated to migrate assets exceeding these limits unless mutually agreed upon in writing.
4. SERVICE EXCLUSIONS
Migration Services do NOT include:
(a) Custom development, coding, or complex design work;
(b) Ongoing account management after Completion;
(c) Technical troubleshooting unrelated to the migration;
(d) Content creation (writing new email copy, creating graphics or images, developing brand guidelines, or creating marketing strategy);
(e) Platform training (available separately through Kit’s Help Center at https://help.kit.com/en, knowledge base, and standard support channels); or
(f) Data cleanup, deduplication, enrichment, validation, or correction services.
5. YOUR ADDITIONAL REPRESENTATIONS AND RESPONSIBILITIES
5.1 Representations Regarding Migration Data
In addition to the representations and warranties in Section 8(a) of the Terms of Service regarding User Content, you specifically represent and warrant that:
(a) You have all necessary legal rights, licenses, and authority to migrate all Migration Data to Kit, including obtaining all required consents from subscribers or any other third parties for the transfer and continued use of their data;
(b) Your migration and use of Migration Data complies with all applicable laws, including data protection laws (including GDPR, CCPA, and CAN-SPAM), anti-spam laws, and intellectual property laws;
(c) The Migration Data does not violate any third-party rights or Kit’s Acceptable Use Policy; and
(d) The Migration Data is accurate and up-to-date to the best of your knowledge.
5.2 Cooperation Requirements
You agree to:
(a) Use Arrows to coordinate project tasks, communicate details, answer questions, and provide feedback;
(b) Provide required access credentials and permissions within three (3) Business Days of Kit’s request;
(c) Respond to questions and approval requests in Arrows within three (3) Business Days of Kit’s inquiry;
(d) Review and provide feedback on migrated assets within three (3) Business Days of notification; and
(e) Maintain your own complete backups of all Migration Data prior to and during the migration process.
5.3 Customer Delays
If the migration timeline extends beyond the estimated completion date due to your delayed responses, failure to provide required information, or other actions or inactions on your part, Kit reserves the right to:
(a) Re-prioritize your migration in its service queue; or
(b) Terminate Migration Services in accordance with Section 9.2(b) if delays exceed forty-five (45) calendar days.
6. KIT’S COMMITMENTS
6.1 Estimated Timeline
Migration timelines vary based on the complexity and volume of Migration Data. Kit will provide an estimated timeline in Arrows after reviewing your specific migration requirements. This timeline is an estimate only and not a guarantee.
6.2 Response Target
Kit will use commercially reasonable efforts to respond to questions or comments posted in Arrows within one (1) Business Day and to contact you via Arrows and email if you become unresponsive during the migration process. The response time commitment is a service target, not a contractual guarantee. Subject to Sections 19 and 20 of the Terms of Service, Kit shall not be liable for delays or damages resulting from response times that exceed this target.
7. COMPLETION AND ACCEPTANCE
7.1 Notification and Review
Upon completion of migration work, Kit will notify you via Arrows and provide access to the Migration Data for your review.
7.2 Approval or Rejection
Within three (3) Business Days of notification, you shall either:
(a) Approve Completion by marking the designated approval task as complete in Arrows; or
(b) Provide specific written feedback in Arrows regarding any deficiencies or errors that constitute a failure to perform Migration Services as described in Section 3.1.
7.3 Deemed Acceptance
If you do not provide written feedback within five (5) Business Days of notification under Section 7.1, the Migration Data shall be deemed accepted and the Migration Services shall be deemed Complete.
7.4 Corrections Within Scope
If you identify legitimate errors or omissions in the Migration Data that fall within the scope of Migration Services as defined in Section 3.1, Kit will use commercially reasonable efforts to correct such issues. Requests for changes, additions, or modifications that exceed the scope defined in Section 3 are not covered by Migration Services.
8. DATA SECURITY, PRIVACY, AND BACKUP
8.1 Incorporation of Privacy Terms
Kit will process all Migration Data in accordance with:
(a) Kit’s Privacy Policy (available at https://kit.com/privacy);
(b) Kit’s Data Processing Addendum (available at https://kit.com/dpa, if applicable); and
(c) All applicable data protection laws and regulations.
8.2 Security Measures
Kit implements industry-standard technical and organizational security measures to protect Migration Data during the migration process. However, as stated in Section 19 of the Terms of Service, the Services (including Migration Services) are provided “as is” and Kit does not represent or warrant that the Services are error-free or that servers are free of viruses or other harmful components.
8.3 Customer Responsibility for Backup
You are solely responsible for maintaining your own complete and current backups of all Migration Data prior to and during migration. In addition to the limitations in Sections 19 and 20 of the Terms of Service, Kit shall not be responsible for any data loss, corruption, or unavailability that:
(a) Occurs in your existing email service provider account or other third-party systems;
(b) Results from circumstances beyond Kit’s reasonable control; or
(c) Results from your failure to maintain adequate backups.
9. TERMINATION
9.1 Termination by You
You may terminate Migration Services at any time by providing written notice via Arrows. Upon such termination, Kit will cease migration work.
9.2 Termination by Kit
In addition to Kit’s termination rights under Section 25 of the Terms of Service, Kit may terminate Migration Services immediately upon written notice if:
(a) You become unresponsive for more than fourteen (14) calendar days despite Kit’s reasonable efforts to contact you via Arrows and email or you are uncooperative or disrespectful in communication to Kit in its sole discretion;
(b) Customer delays exceed forty-five (45) calendar days as provided in Section 5.3; or
(c) Your existing email service provider denies or revokes access necessary for migration.
9.3 Effect of Termination – Assets
(a) Completed Assets in Kit Account: Any Migration Assets that have been successfully transferred to your Kit account prior to termination will remain in your Kit account and continue to be accessible to you, subject to the Terms of Service.
(b) Work in Progress: Migration work that is incomplete at the time of termination will be made available to you for thirty (30) calendar days following termination via Arrows or another mutually agreed method.
(c) Data Deletion After 30 Days: After thirty (30) calendar days following termination, Kit has no obligation to retain any Migration Data or work product and may delete such data in accordance with its data retention policies and applicable law.
(d) Your Responsibility to Preserve: You are solely responsible for exporting, downloading, or otherwise preserving any data or work product you wish to retain within the thirty (30) day period specified in Section 9.3(b).
9.4 Survival
In addition to the provisions identified in Section 25 of the Terms of Service that survive termination, Sections 5.1 (Representations), 8 (Data Security and Privacy), 9.3 (Effect of termination – Assets), and 10 (Additional Disclaimers and Limitations) of these Migration Terms shall survive termination.
10. ADDITIONAL DISCLAIMERS AND LIMITATIONS
10.1 Incorporation of Terms of Service Disclaimers and Limitations
The disclaimers in Section 19 of the Terms of Service and the limitations of liability in Section 20 of the Terms of Service are fully incorporated into and apply to Migration Services.
10.2 Additional Migration-Specific Disclaimers
In addition to the disclaimers in Section 19 of the Terms of Service, Kit specifically does not warrant or guarantee that:
(a) All Migration Data will be successfully transferred without any data loss or corruption;
(b) Migrated assets will function identically to how they functioned in your previous email service provider.
(c) Your email deliverability, open rates, click rates, or other performance metrics will remain the same or improve after migration;
(d) Third-party integrations will function identically after migration; or
(e) Migration Services will meet your specific requirements or expectations beyond what is expressly described in Section 3.1.
10.3 Third-Party Limitations
You acknowledge and agree that Kit’s ability to complete Migration Services may be affected by:
(a) Limitations, rate limits, API restrictions, or changes imposed by your current email service provider or other third-party platforms;
(b) The quality, accuracy, format, and completeness of Migration Data in your existing systems;
(c) Technical limitations or incompatibilities between platforms; and
(d) Your timely cooperation and communication.
Kit is not responsible for delays, limitations, or failures caused by such third-party factors or by your acts or omissions.
10.4 Additional Limitation of Liability for Migration Services
In addition to the limitations in Section 20 of the Terms of Service, and to the maximum extent permitted by applicable law:
(a) Kit shall not be liable for:
(b) Cap on Liability: Kit’s total liability arising out of or related to Migration Services (whether free or paid) shall not exceed the greater of (i) the fees paid by you specifically for Migration Services in the three (3) months preceding the event giving rise to liability, or (ii) $100 USD.
(c) The limitations in this Section 10.4 supplement and do not replace the limitations in Section 20 of the Terms of Service. Both sets of limitations apply to Migration Services.
11 FORCE MAJEURE
In addition to the general disclaimers in Section 19 of the Terms of Service, Kit shall not be liable for any failure or delay in performing Migration Services if such failure or delay is due to circumstances beyond Kit’s reasonable control, including but not limited to:
(a) Acts of God, natural disasters, fires, floods, earthquakes, pandemics, or severe weather;
(b) War, terrorism, riots, civil unrest, or government actions;
(c) Internet service provider failures or widespread internet outages;
(d) Third-party platform outages affecting your existing email service provider or essential services necessary for migration;
(e) Cyberattacks, denial of service attacks, or other malicious actions by third parties; or
(f) Labor disputes (excluding those involving Kit’s own employees).
If such circumstances continue for more than thirty (30) calendar days, either party may terminate Migration Services upon written notice without liability, except for obligations that accrued prior to such circumstances.
12. PAID MIGRATION SERVICES [RESERVED]
This Section is reserved for terms applicable to paid Migration Services, to be added when Kit launches paid migration offerings. When paid Migration Services become available, this Section will include:
(a) Fees and payment terms;
(b) Refund policies (if any);
(c) Cancellation and termination terms specific to paid services; and
(d) Any additional terms specific to paid Migration Services.
Current Migration Services are provided as Free Services under Section 6(a) of the Terms of Service and are subject to all provisions applicable to Free Services.
13. GENERAL PROVISIONS
13.1 Relationship to Terms of Service
(a) These Migration Terms are Supplemental Terms under Section 2(a) of the Terms of Service and are fully incorporated into the Terms of Service.
(b) Pursuant to Section 2(a) of the Terms of Service, these Migration Terms control over any conflicting or inconsistent provisions in the Terms of Service solely with respect to Migration Services.
(c) All provisions of the Terms of Service not expressly modified by these Migration Terms remain in full force and effect with respect to Migration Services, including but not limited to:
13.2 Entire Agreement for Migration Services
These Migration Terms, together with the Terms of Service, Privacy Policy, and Data Processing Agreement (if applicable), constitute the entire agreement between you and Kit regarding Migration Services and supersede all prior or contemporaneous understandings regarding Migration Services.
13.3 Amendments
Kit may update these Migration Terms from time to time in accordance with Section 2(b) of the Terms of Service. Continued use of Migration Services after notice of changes constitutes your acceptance of the updated terms.
13.4 Communications Regarding Migration Services
All communications regarding Migration Services should be directed through:
BY ENGAGING MIGRATION SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE MIGRATION TERMS AND THE KIT TERMS OF SERVICE.