Customer Survey and Interview Terms and Conditions

THE FOLLOWING ARE THE OFFICIAL TERMS AND CONDITIONS (“TERMS”) APPLICABLE TO THE KLAVIYO’S CUSTOMER RESEARCH SURVEY AND INTERVIEW PROGRAM (“SURVEY”) BETWEEN KLAVIYO, INC. WITH ITS OFFICES 125 SUMMER STREET, FLOOR 7, BOSTON, 02111 (“KLAVIYO”) AND THE PARTICIPANT (“PARTICIPANT” “ENTRANT” “YOU”). SURVEY PARTICIPATION IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, EMEA and APAC WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND MEET THE ELIGIBILITY REQUIREMENTS UNDER SECTION 3 BELOW. VOID WHERE PROHIBITED BY LAW.

BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE SURVEY.

1. Introduction. The  Survey is a limited time incentive program in which Participant(s) will submit answers to either a survey or a recorded interview with a Klaviyo representative, or both, related to Klaviyo’s product features and offerings. 

2. Entry Period: Eligible Participant(s) may participate in the Survey by responding to the Klaviyo email or invitation soliciting participation. To be eligible to participate in certain Surveys, Klaviyo may require that entries are received within the specified entry period stated in such email or invitation. 

3. Eligibility: To be eligible to participate in the Survey and receive the Incentive, you must meet all of the eligibility requirements below:
   
   a. You must be 18 years of age or older
   b. You or the organization you represent must have a Klaviyo account;
   c. You must not be a Klaviyo employee, employee of its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, governmental agency, government employee or employee of a public institution, or a director to participate in the Survey.

4. Incentive. If you answer affirmatively that you wish to participate in a Survey e, and then complete the full Survey, you will be entitled to receive a gift card with a value ranging between US $5 and US $100 (“Incentive”). Please refer to the Klaviyo Survey email or invitation for the actual value of Incentive for completing a given Survey. For Surveys that are in the form of recorded interviews, you will be entitled to an Incentive of US $20 per every 15 minutes of the interview. 

5. Conditions to Receive Incentive. The Survey is intended to last up to 60 minutes. During the Survey, you will be required to answer a number of questions related to Klaviyo’s product features and offerings. You must complete the full Survey with a Klaviyo representative in order to receive the Incentive. You will further be required to dress and present yourself professionally. Indecent, inappropriate, or unprofessional attire or backgrounds will cause the Participant to not qualify for the Incentive. Furthermore, if you participate in a recorded interview, you agree to the “Permission to be Recorded and Use of Recording” section below. Only one Entry allowed per individual.  Incomplete Survey Responses or those that do not adhere to these Terms will not be entitled to the Incentive at Klaviyo’s sole discretion. 

6. How to Claim the Incentive: Within seven (7) days of completion of the Survey, Klaviyo will send to the email You provide to us a method by which you can claim the Incentive. In its sole discretion, Klaviyo may alter the method of delivery on a case-by-case basis. Klaviyo is not responsible for any inability to access the Survey or claim the Incentive due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Incentive must be redeemed within (14) days. The actual validity of the Incentive may differ based on the terms of the merchant issuing the Incentive. However, If you have funds remaining on the Incentive, but the card expires, please contact mike.oren@klaviyo.com.

7. Confidential Obligations. “Confidential Information” means the Survey developed by Klaviyo and the content therein including any nonpublic, confidential, proprietary information about Klaviyo’s brand, design, samples, patterns, documents, data, business operations, pricing, content, features, functions, or current or potential offerings, and the fact that the Klaviyo has requested that a Survey be completed. You agree not to disclose Confidential Information to anyone for any purpose other than for completing the Survey you have accepted and to assign the Survey results to Klaviyo. You agree and acknowledge that your breach or threatened breach of this provision may result in irreparable harm to Klaviyo for which money damages would be an insufficient remedy, and therefore that Klaviyo will be entitled to seek injunctive relief to enforce the provisions of this section.

8. Permission to be Recorded and Use of Recording: By participating in the Survey, you hereby assign to Klaviyo all right, title, ownership, and interest in all of your Survey responses (“Survey Responses”). You further authorize Klaviyo, and those acting pursuant to its authority to: (i) record your image, likeness and/or voice on a video, audio, photographic, digital, electronic, or any other medium (together “Recordings”); (ii) use your name, video and audio recordings of you, and biographical material in connection with such Recordings; and (iii) take, edit, alter, copy, enhance, crop, exhibit, publish distribute, and make use of any and all Survey Responses and Recordings taken of you to be used in and/or for any lawful promotional materials in any medium (e.g. print publications, video, internet, etc.) for promotional, advertising, education, and/or other lawful purposes. This authorization also covers any and all Survey Responses and Recordings provided by you to Klaviyo. You hereby release and hold harmless Klaviyo from any reasonable expectation of privacy or confidentiality associated with the Survey Responses and Recordings.
   This authorization extends to all languages, media, formats, and markets now known or later discovered. The authorization to Recordings shall continue indefinitely unless you otherwise revoke this authorization in writing. You waive the right to inspect or approve any finished product in which your likeness appears, including written or electronic copy. You release and waive any claims or rights of compensation or ownership regarding such uses, including any right to royalties or other compensation arising or related to the use of the Recordings. You release Klaviyo, its contractors, employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by you or any third party in connection with your participation including without limitation any claims related to blurring distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur do to processing, publication or dissemination of the image, likeness or voice. You understand and agree that all such Survey Responses and Recordings shall remain the property of Klaviyo. 

9. Privacy Policy. You acknowledge that any information that can be used to uniquely identify, contact, or locate You or a particular person or can be used with other sources to uniquely identify You or a particular person (“Personally Identifiable Information”) collected by Klaviyo shall be subject to Klaviyo’s privacy policy located at https://www.klaviyo.com/privacy.  You acknowledge and agree that Klaviyo shall be authorized to use any Personally Identifiable Information collected as part of the Survey for any marketing or promotional purposes.

10. Conditions and Code of Conduct for Participation: By participating in this Survey, You represent and warrant (i) to comply with all applicable federal, state, and local laws and regulations; (ii)  that any answers You provide or submit do not infringe the intellectual property rights any  of any other party, (iii) your participation will not violate any privacy or publicity or other proprietary rights of any person or entity;  (iv) that your answers will not contain any obscene, offensive, libelous, disparaging, infringing, or other inappropriate content or subject matter; and (v) that you will keep your participation in the Survey and the Survey questions and all other aspects of the Survey confidential. 

11. Additional Terms: 
    
    No transfer, assignment or substitution of the Incentive shall be made for cash or any other incentive, except by Klaviyo, who reserves the right to substitute the Incentive with another incentive of comparable or greater value if the intended Incentive is not available for any reason as determined by Klaviyo in its sole discretion. Klaviyo is not responsible and will not replace it if any Incentive is lost, stolen, destroyed, or used without permission. All Incentive recipients are responsible for all federal, state and local taxes arising from receipt, acceptance or use of the Incentive, Klaviyo will not be responsible for any tax deductions which may be necessary and Klaviyo reserves the right to withhold taxes as required by law. All Incentives must be accepted “as is,” and no warranties will be provided by the Klaviyo. Receipt of the Incentive is upon the condition of compliance with any and all federal, state, and local laws and regulations.

12. General Conditions and Release: Your answers or submissions must not disclose any confidential information, trade secrets, patentable subject matter, any account information or other personal data at any stage of the Survey. By participating in the Survey, You (a) release, discharge and hold harmless Klaviyo, and its respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind arising out of the your participation in the Survey or related activities, and the acceptance of any Incentive awarded hereunder, including any violation of these Terms and the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of Incentives; and (b) acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any product liability, warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Incentives including, but not limited to, its performance, or availability. Neither the Released Parties nor any service providers of the Released Parties are responsible for lost, incomplete, illegible, late, damaged, inaccurate, misdirected,  garbled, or undelivered submissions or email; miscommunications, failed computer hardware or software or technical failures; printing, typographical or other errors appearing within the Terms, in any Survey related accouncement or other materials; or other errors or problems of any kind relating to or in connection with the Survey, including, without limitation, errors or problems which may occur in connection with the administration of the Survey related to scheduling, the processing of entries, mail or e-mail, or any injury or damage to You or any other persons’ computers or equipment related to or resulting from participation, or uploading or downloading of any materials related to this Survey. Any materials provided to participants by Klaviyo is solely to facilitate participation in the Survey on an AS IS basis without warranties of any kind.
    
    ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SURVEY OR TO DEFRAUD KLAVIYO IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; KLAVIYO RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.  
    
    Klaviyo’s failure to enforce any term of these Terms shall not constitute a waiver of such term or provision. If for any reason the Survey is not capable of being executed as planned, due to tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Klaviyo, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Survey, Klaviyo reserves the right at its sole discretion to void content submitted on your behalf and to cancel, terminate, modify or suspend the Survey (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, You will be notified thereof and the distribution of Incentives will be made in a manner determined by Klaviyo, in its sole discretion, to be fair, appropriate and consistent with these Terms.

13. Disputes: You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Survey or the award of Incentives shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Surveys but in no event attorneys’ fees; and (c) under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 
    
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
    
    All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of Klaviyo in connection with the Survey, shall be governed by, and construed in accordance with, the laws of Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Massachusetts.

14. Agreement to Terms: By participating in the Survey, You agree to  abide by and be subject to these Terms and Klaviyo’s decisions, which are fully and unconditionally binding  in all respects. The Klaviyo reserves the right to refuse, withdraw, or disqualify any participant at any time at the Klaviyo’s sole discretion. By participating in  this Survey, You represent and warrant that You are eligible to participate based on eligibility requirements explained in these Terms. You also agree to accept the decisions of the Klaviyo as final and binding as it relates to this Survey and the Incentive.