Promotional Credit Terms & Conditions
These Customer.io Promotional Credit Terms and Conditions (the "Terms") govern your use of any Customer.io promotional credits or discounts ("Promotional Offers").
By using any Promotional Offer, you agree to be bound by these Terms. These Terms are between you and Peaberry Software, Inc. d/b/a Customer.io, including its parents, affiliates, and subsidiaries (collectively, "Customer.io," "us," "our," or "we").
These Terms supplement, and are incorporated into, the Customer.io Terms of Service (or your Cloud Services Agreement with Customer.io, as applicable) (the "Agreement"). In the event of a conflict between these Terms and the Agreement, these Terms will govern.
If the Promotional Offer received is an AI credit, the Customer.io Feature Terms are fully integrated into and form a part of these Terms. If the Promotional Offer received is an AI credit, the order of precedence will be:
- (i) these Terms;
- (ii) the Customer.io Feature Terms; and
- (iii) the Agreement.
Capitalized terms not defined in these Terms will have the meanings set forth in your Sales Order Form, the Customer.io Terms of Service, or your Cloud Services Agreement with Customer.io, as applicable.
1. General Rules for Promotional Offers
Here’s how Promotional Offers work at Customer.io:
- (a) You must have a valid Customer.io account in good standing to redeem any Promotional Offers.
- (b) Promotional Offers will be applied only to offset eligible fees and charges incurred during or after the billing cycle in which the applicable code is applied to your account.
- (c) Promotional Offers may not be applied retroactively to fees or charges that have already been invoiced or paid.
- (d) Promotional Offers may be used only for the specific services, affiliates, or offerings designated by Customer.io (the "Eligible Services").
- (e) Promotional Offers are subject to any additional terms, conditions, or restrictions described in the applicable offer or notification provided to you.
- (f) In the event of a conflict between these Terms and any applicable promotional materials or offer terms, the promotional materials or offer terms will control.
Promotional Offers will not apply to any of the following (the "Ineligible Services"):
- (a) Services used in violation of the Agreement or Customer.io’s Acceptable Use Policy;
- (b) Any other services designated by Customer.io as ineligible; or
- (c) Any upfront fees or prepayments for services.
2. How to Redeem Promotional Offers
Unless outlined otherwise in the applicable promotional materials, Promotional Offers will not be applied to your Customer.io account until you redeem the applicable Promotional Offer code through the Customer.io platform or as otherwise directed by us.
Each Promotional Offer code:
- (a) can only be redeemed once; and
- (b) can only be redeemed on one Customer.io account.
Where multiple Promotional Offers are available on your account, credits will be consumed on a first-in, first-out basis, with the Promotional Offers nearest to expiration applied first.
Once Promotional Offers are exhausted or expire, standard fees and charges will apply. Your Customer.io account will be billed for all fees and charges for use of any Eligible Services in excess of the amount of available Promotional Offers.
3. Transferability and Value
You may not sell, license, rent, or otherwise transfer the Promotional Offers. A Promotional Offer may be applied only to your own Customer.io account.
To the extent permitted by applicable law, Promotional Offers:
- (a) have no intrinsic value;
- (b) are not redeemable for cash;
- (c) have no cash value;
- (d) are nonrefundable; and
- (e) serve merely as a means to provide an incentive to use our Services.
Upon termination or cancellation of your Customer.io account for any reason, all unused Promotional Offers, including any paid Promotional Offers, will be immediately forfeited and are nonrefundable.
Promotional Offers may not be purchased for cash, and we do not sell Promotional Offers.
4. Expiration of Promotional Offers
Promotional Offers are only valid for a limited time and cannot be used after their expiration date. Once redeemed, they apply to eligible fees during the billing cycle in which they expire.
Promotional Offers not redeemed before the expiration date will be forfeited. We will not provide notice prior to expiration unless expressly stated in the applicable offer.
To the extent permitted by applicable law, expired Promotional Offers are not refundable.
5. When Promotional Offers Are Void
Promotional Offers are void if obtained or used through fraud, misuse, or violation of applicable terms or the Agreement.
They are also void if:
- (a) sold or exchanged for cash or other consideration; or
- (b) applied to accounts created solely to obtain such Promotional Offers.
We may determine eligibility for Promotional Offers in our sole discretion and may limit, suspend, revoke, or cancel Promotional Offers at any time to prevent abuse, fraud, or circumvention.
Promotional Offers are provided at our discretion and create no vested rights. To the extent permitted by applicable law, canceled Promotional Offers are not refundable.
We may require reimbursement for any Promotional Offers used in violation of these Terms, in addition to any other legal remedies available to us.
6. Your Representations and Warranties
By accepting any Promotional Offers, you represent and warrant that your receipt and use of any Promotional Offer:
- (a) is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules); and
- (b) will not create a conflict of interest.
7. Government Entities
If you are a government entity or other entity that is subject to special rules governing receipt of any Promotional Offer, you may not use or receive any Promotional Offer directly from Customer.io unless agreed by us in writing.
It is your sole responsibility to disclose to Customer.io any such status or restrictions prior to redeeming any Promotional Offer, and Customer.io will not be liable for any consequences arising from your failure to do so.
8. Combining with Other Offers
Unless authorized by us in writing, Promotional Offers may not be used in conjunction with any other promotional or incentive offer from Customer.io, our affiliates, or partners.
9. Taxes
Promotional Offers will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to you.
10. Public Disclosure
You may not issue any press release or make any other public disclosure regarding Promotional Offers without our prior written consent.
11. Changes to These Terms
We may modify these Terms at any time by:
- (a) posting a revised version on the Customer.io website; or
- (b) sending you an email using the email address we have on file for your account.
The modified Terms will become effective thirty (30) days after posting or sending such notice. Your continued use or redemption of any Promotional Offers after the modified Terms become effective constitutes your acceptance of the modified Terms.
12. Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules, and the United States of America.
Any dispute arising from or relating to the subject matter of these Terms will be finally settled by the state and federal courts located in Multnomah County, Oregon.
Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.