How to Keep Your Campaigns Compliant with Subscriber Consent

Email regulations (and your sender reputation) require that marketing campaigns are only sent to people who’ve explicitly opted in. Instant AI is designed to protect you by making All Marketing Subscribers the default and recommended option for all promotional campaigns.

There are two available lists to send Campaigns with Instant AI

  • All Marketing Subscribers → Only people who have explicitly subscribed to receive marketing. Best practice and legally safe. Always use this for promotions, launches, and seasonal campaigns.

  • All Emails → Everyone in your contacts who has not unsubscribed. This can include people who gave their email during checkout but never opted into marketing. Use this only for operational, non-marketing communications.


How this compares to Klaviyo

In Klaviyo, you normally build campaign audiences using filters. The key difference is whether you include both consent and subscription status:

Instant AI → All Marketing Subscribers

= Klaviyo segment: Marketing consent exists AND is Subscribed



Instant AI → All Emails

= Klaviyo segment: Marketing consent exists (without “is Subscribed”)



Common mistake in Klaviyo:

Merchants often build a segment with “Marketing consent exists” but forget to add “is Subscribed.” This means they’re accidentally sending to contacts who haven’t given marketing permission. If you’ve been doing this in Klaviyo, Instant AI will look stricter — by design.



How to check your Klaviyo setup

  1. Go to Lists & Segments in Klaviyo.

  2. Open the segment you use for campaigns.

  3. Look for these conditions:

    • If it shows only “Marketing consent exists”, this matches All Emails in Instant AI.

    • If it shows “Marketing consent exists AND is Subscribed”, this matches All Marketing Subscribers in Instant AI.

  4. Update your filters if needed to ensure you’re only emailing true marketing subscribers.



FAQ's

Which audience should I use for my campaigns?

Always use All Marketing Subscribers for promotional or marketing campaigns. This ensures you only contact people who have explicitly opted in, which is required for compliance and best for engagement.

When would I ever use All Emails?

Only for operational or service-based messages (e.g. account updates, invoices, company updates, or important notices). It should not be used for promotions or marketing.


Why is my audience smaller in Instant AI compared to Klaviyo?

Instant AI enforces compliance by default. If you previously used a Klaviyo segment with only “Marketing consent exists”, that list likely included people who never subscribed. Instant AI excludes those contacts, so your audience may appear smaller — but it is cleaner, safer, and more effective.


What’s the difference between “Marketing consent exists” and “is Subscribed” in Klaviyo?

Marketing consent exists means the contact has given their email, often at checkout. It does not guarantee they opted into marketing. Is Subscribed means they actively confirmed subscription. To match All Marketing Subscribers in Instant AI, both conditions must be used together.