Customer Email and SMS Consent

DEFINITION OF “CONTENT”

We love your Content and would like to showcase it in the Klaviyo services, support channels and/or on our website, social media channels, and other forms of media. The terms herein will apply to Klaviyo’s use of such Content. “Content” refers to your email(s) and/or SMS/MMS sent through the Klaviyo services, and all content, information, photos, pictures, images, names, logos, videos and materials contained therein.

HOW WE WILL USE YOUR CONTENT

As between you and Klaviyo, Inc., you retain ownership of the Content. You are giving Klaviyo and its affiliates, successors and assigns, a non-exclusive, non-revocable, worldwide right to use, copy, distribute, publicly display and perform, publish and transmit the Content in any form in connection with Klaviyo, Klaviyo’s services and for Klaviyo’s marketing purposes, without further consent, notice and/or compensation to you or others. Examples of use include but are not limited to:

  • Showcasing your Content in a library with other third-party content in the Klaviyo service as a feature of the service
  • Displaying your Content on our website or other media for marketing purposes
  • Featuring your Content in the Klaviyo Community Forum
  • With your Content, we may also include informational context regarding it such as the reason for featuring your Content (i.e., open rates, click rates, conversion rates), the date/time the message was sent, the “campaign type,” the industry that your business falls under, or how the Content was created in Klaviyo.
  • We will also provide the reason for featuring your Content (i.e., an indication that the open rate, click rate, conversion rate, or some combination therein was higher than typical).
  • Note that we will never share exact performance numbers for your Content without further consent.

CONTENT RIGHTS AND OWNERSHIP

You confirm that you own the Content and/or have the rights to use it and grant us the rights and license as provided in these terms, and that Klaviyo’s use as set forth herein does not violate the privacy, publicity, intellectual property rights copyrights, contract rights or any other rights of any person or entity.

AGREEMENT

You acknowledge that this is not as an endorsement of any product or service and that Klaviyo is not obligated to use your Content. You hereby release and discharge Klaviyo, its affiliates, successors and assigns, employees and officers from any and all claims or liability arising out of or in connection with the use of your Content as contemplated herein.

These terms represent the entire agreement between you and Klaviyo with respect to this subject matter. This agreement and all actions related to it shall be governed by the laws of the Commonwealth of Massachusetts (excluding any conflicts of laws principles that would require the application of the laws of a different state).

The term “you” or “your” as used herein means the Klaviyo customer entity accepting these terms.

You and the individual accepting these terms represent and warrant that the individual is of legal age to form a binding contract with Klaviyo and has the authority to enter into this agreement on your behalf.