Digital Millennium Copyright Act; Take Down Notice and Procedures
Updated: September 24, 2021
It is Klaviyo’s policy to respond to notices alleging that any material uploaded by users of the Services infringes another person’s copyright. If you believe any material accessible on or from the Klaviyo website or the Services infringes your copyright, you may request removal of those materials (or access thereto) from this website or the Services by contacting the Klaviyo, Inc. copyright agent (identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (URL) of an authorized version of the work.
(b) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number and (if available) email address.
(d) A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Klaviyo website or Services is:
125 Summer Street
Boston, Massachusetts 02110
For all email submissions please include the subject line: DMCA Takedown Request.
Submitting a DMCA takedown request is the start of a pre-defined process. Your request will be reviewed for accuracy, validity, and completeness. If your request has satisfied the requirements above, Klaviyo will take action on the request – which includes removing or disabling access to the allegedly infringing material and forwarding a full copy of your request (including your name and contact information) to the user(s) engaged in the allegedly infringing activity. Klaviyo will make a good faith effort to contact the affected user(s) with information concerning the removal or disabling of access.
If you are the recipient of a takedown request, please take time to read through Klaviyo’s communication to you, which will include information on the request we received. If you believe that the allegedly infringing material reported in the takedown request was misidentified, is not infringing, or was removed or disabled in error, you may send Klaviyo a counter-notification or you may seek a retraction of the takedown request from the requester.
The takedown request you received will include the contact information of the requester. You may reach out to them directly and ask them to retract their request. The requester can send retractions to email@example.com and should include in their message: (1) identification of the allegedly infringing material, and (2) a statement that the requester would like to retract their DMCA takedown request. A retraction is at the sole discretion of the requester.
A counter-notification is a request for Klaviyo to reinstate the removed or disabled material. You may file a counter-notification if you believe that the allegedly infringing material was misidentified, is not infringing, or you have a good faith belief that the material should not have been removed and/or disabled. If you’re not sure whether you should file a counter-notification, you should consult with an attorney.
To submit a counter-notification, you will need to provide Klaviyo with the following information:
(a) A physical or electronic signature.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Klaviyo may be found, and that you will accept service of process from the original requester or an agent of such person.
Once we receive a valid counter-notification, we will promptly forward a copy (including your name and contact information) to the person who submitted the original request. If the original requester disagrees that the content was removed or disabled in error or misidentification, they may pursue legal action against you. If we do not receive notice within 10 business days that the original requester is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
Klaviyo may, at its discretion, share a copy of your takedown request or counter-notification with third parties (including for publication). If you are uncomfortable sharing your contact information, you may wish to consider appointing an agent to submit your request or counter-notification on your behalf. Your agent will be required to submit the request or counter-notification with valid contact information and identify you as the party that they are representing.
Please think twice before submitting a takedown request or counter-notification, especially if you’re not sure whether you are the actual copyright holder or authorized to act on behalf of the copyright holder. There are legal and financial consequences for fraudulent and/or bad faith submissions.
Klaviyo has adopted a policy of terminating, in appropriate circumstances, accounts of users of the Services who are deemed to have repeatedly uploaded content that infringes the intellectual property rights of others.