Updates to Twilio's Legal Terms and Conditions - 2022

September 15, 2022

We are updating our terms! This notice is only applicable to you if you have an account that you created before September 15, 2022 or otherwise agreed to a previous version of these updated terms. These updated terms are available at the hyperlinks provided in this notice.

Please review this notice and all updated terms below in their entirety to familiarize yourself with the upcoming changes. These updated terms will be effective and binding as of October 15, 2022. No further action is required on your part. Your continued use of our services automatically constitutes your acceptance of these updated terms. Please note that we have not changed your ability to use our services. You may continue to access your account and use our services as you always have.

These updated terms completely replace all previous versions. This also includes previous versions of these updated terms that we have the right to update from time to time which are attached, or otherwise incorporated into, a separate written agreement that you, or your organization, has with us for the use of our services.

Twilio Terms of Service:

• You will be invoiced monthly and pay your invoices within 30-days of the date of invoice, unless a different invoicing cadence or payment terms are set forth in your order form.
• We updated the assignment provision to clarify that the assigning party has the right to assign these Terms of Service or any order form(s) to another party that is assuming all or part of the assigning party’s assets or business.
• Please also review the updates to these Terms of Service below that were made on August 1, 2022.

Twilio Acceptable Use Policy: We clarified that you are prohibited from transmitting any content or communications that we determine endangers public safety or is false, inaccurate, or hateful, including encouraging hatred or violence against individuals or groups. You and your end users may also not use our services to promote, or enable the transmission of or access to, any content or communications prohibited under our Acceptable Use Policy.

Service and Country Specific Requirements:

• We are reminding you that the terms in our Service and Country Specific Requirements are part of our Acceptable Use Policy. You are required to comply with the applicable terms to the extent you use a specific service or use our services in a specific country that is identified in our Service and Country Specific Requirements. Please review the Service and Country Specific Requirements change log, which serves as formal notice to you of any new or updated service and country-specific terms we post from time to time that are material in nature. We recommend you review this change log regularly and any new or updated service and country-specific terms in their entirety.
• We added specific terms to our Advisory Services Requirements that apply to Advisory Services that are educational courses.
• We updated our Segment Customer Data Platform (CDP) Requirements to clarify that any patient, medical, or other health information is not prohibited so long as you ensure that you have the necessary protections and agreements in place with us that are required by law or regulation in order for us to process that patient, medical, or health information.

Twilio Advisory Services Terms:

• We moved the Advisory Services Packages in Exhibit A to here and updated the definition of Advisory Services Packages accordingly.
• We added in specific terms that apply to Advisory Services that are educational courses.
• We clarified that there are no third-party beneficiaries to our Advisory Services Terms.
• Please also review the updates to these Advisory Services Terms below that were made on August 1, 2022.

August 1, 2022

We are updating our terms! This notice is only applicable to you if you have an account that you created before August 1, 2022 or otherwise agreed to a previous version of these updated terms. These updated terms are available at the hyperlinks provided in this notice and will be effective on August 15, 2022.

Twilio Terms of Service: The changes to our Terms of Service are immaterial and cosmetic in nature to make them clearer. We did not modify any of your contractual obligations to us, and we did not modify any of our contractual obligations to you.

Twilio Data Protection Addendum (DPA): The changes to our Data Protection Addendum are generally immaterial and cosmetic in nature to make them clearer. We did not modify any of your contractual obligations to us, and we did not modify any of our contractual obligations to you. In Schedule 4 (Jurisdiction Specific Terms), we clarified that when processing Swiss Personal data under the Standard Contractual Clauses, the Swiss Federal Act of Data Protection is the controlling law and the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner.

Twilio Service Level Agreement (SLA): We replaced references to the Twilio SendGrid Enterprise Solution with references to the Email Strategy - Gold, Enterprise Program Management, or Enterprise Program Management & Strategy package.

Twilio Advisory Services Terms: The changes to our Advisory Services Terms are generally immaterial and cosmetic in nature to make them clearer. We removed implementation services from the definition of Advisory Services. We also clarified that the Advisory Services Terms supersede all proposals, statements, sales materials, presentations, and non-disclosure agreements applicable to the Advisory Services.

April 4, 2022

We are updating our terms! This notice is only applicable to you if you have an account that you created before April 4, 2022 or otherwise agreed to a previous version of these updated terms. These updated terms are available at the hyperlinks provided in this notice.

Please review this notice and all updated terms in their entirety to familiarize yourself with the upcoming changes. These updated terms will be effective and binding as of May 4, 2022. No further action is required on your part. Your continued use of our services automatically constitutes your acceptance of these updated terms. Please note that we have not changed your ability to use our services. You may continue to access your account and use our services as you always have.

These updated terms completely replace all previous versions. This also includes previous versions of these updated terms that we have the right to update from time to time which are attached, or otherwise incorporated into, a separate written agreement that you, or your organization, has with us for the use of our services.

FOR EXISTING TWILIO SEGMENT CUSTOMERS

If you are an existing Twilio Segment customer, Segment’s existing terms below are being updated to merge and replace them with Twilio’s corresponding terms below as a result of Twilio’s acquisition of Segment.

We also added a definition for Segment’s services in the Segment Service Level Agreement and Segment Support Policy for clarity.

FOR EXISTING TWILIO AND TWILIO SENDGRID CUSTOMERS

If you are an existing Twilio or Twilio SendGrid customer, we are updating Twilio’s Terms of Service, Service and Country Specific Requirements, Data Protection Addendum, Privacy Notice, Security Overview, Service Level Agreement, Support Terms, and Service and Country Specific Requirements. We highlight the material updates to these terms below.

日本のお客様へ:日本に在住のお客様向けに、下記規約やポリシー等を更新します。(サービス利用規約、データ保護付属書、プライバシーポリシー、セキュリティ概要書、サービスレベル合意書 、サポート規約 、サービス及び国別の条件)。

こちらの規約やポリシー等は、2022年5月5日(日本時間)より有効となります。日本語訳は現在更新中で、確定次第掲載致します。

Twilio Terms of Service:

• We clarified that if you have a separate agreement with us for the use of our services, our Terms of Service do not apply to you. However, our Terms of Service applies to you if any services you use are not covered under that separate agreement.
• We rewrote and reorganized our existing Terms of Service to be clearer and easier to read. We also updated the accompanying explanations in the left column for the same reasons.
• If you are domiciled in Brazil, then the Twilio entity that is entering into our Terms of Service is Teravoz Telecom Telecomunicações Ltda.
• If you purchase our services through a third-party reseller that is solely responsible for fulfilling payments, any fees that you owe for your use of our services are payable to that third-party reseller.
• We clarified that the scope of each party’s indemnification obligations also covers any fines and penalties.
• Your affiliates may use our services under our Terms of Service, so long as you and your affiliates are jointly and severally liable for your affiliates’ acts, omissions, and use of our services.
• We clarified that either party may assign our Terms of Service, without consent, to an affiliate or a successor to that party’s assets or business.
• If you are domiciled in any country within the Asia-Pacific region, except for Japan, the laws of Singapore govern our Terms of Service. Any binding arbitration will also take place in Singapore, and the Courts of Singapore will resolve any disputes that are litigated.
• If you are domiciled in Brazil, the laws of Brazil govern our Terms of Service. We also specify the dollar amount that is required in order for the parties to litigate or go to binding arbitration to resolve any disputes. The Courts of the City and State of São Paulo in Brazil will resolve any disputes that are litigated.
• We updated the order of precedence to include the Data Protection Addendum in the event of a conflict or inconsistency.
• We added additional terms in Section 10.1 that are applicable to you if you are a United States (U.S.) Federal or state entity or a federally-recognized tribal entity performing governmental functions and eligible for funding and services from the U.S. Department of the Interior.
• We no longer have a separate amendment to our Terms of Service if you are domiciled in Japan. Instead, the terms that are applicable to you are now included in Section 10.4.
• We removed any additional terms applicable to customers in the European Economic Area (EEA), United Kingdom (U.K.), Switzerland, or Germany regarding liability limitation exclusions and warranty periods that are not required by applicable law.

Service and Country Specific Requirements:

• We are reminding you that the terms in our Service and Country Specific Requirements are part of our Acceptable Use Policy. You are required to comply with the applicable terms to the extent you use a specific service or use our services in a specific country that is identified in our Service and Country Specific Requirements.
• We now publish a Service and Country Specific Requirements change log, which serves as notice to you of any new or updated service and country-specific terms we post from time to time that are material in nature. We recommend you review this change log regularly and any new or updated service and country-specific terms in their entirety.
• We updated the Segment Customer Data Platform (CDP) Requirements to make them clearer, more streamlined, and comprehensively cover the restrictions and requirements you must abide by to the extent you use the Twilio Segment Customer Data Platform.
• We added new product-specific terms for Programmable Voice & Elastic SIP Trunking, known as the Twilio Voice Services Policy, to the Service and Country Specific Requirements. You must comply with the Twilio Voice Services Policy if you use Programmable Voice or Elastic SIP Trunking. If you are an Independent Software Vendor (ISV) using Programmable Voice or Elastic SIP Trunking, it is also your responsibility to ensure your customers comply with the Twilio Voice Services Policy. For more information about the Twilio Voice Services Policy, please refer to this Help Article.

Twilio Data Protection Addendum (DPA):

• We merged Segment’s Data Protection Addendum with Twilio’s Data Protection Addendum. How we process personal data across all services we provide, including Segment’s Customer Data Platform, is now covered under Twilio’s Data Protection Addendum.
• Segment is now covered by Twilio’s Binding Corporate Rules and relies on Twilio’s Binding Corporate Rules as the primary cross-border data transfer mechanism.
• We updated Twilio’s Data Protection Addendum to incorporate the U.K. Information Commissioner’s Office 2022 International Data Transfer Agreement, replacing the U.K. Standard Contractual Clauses.
• Segment’s Sub-processor list, previously available at https://www.twilio.com/legal/sub-processors, has been merged with Twilio’s Sub-processor list. You can now find all Sub-processors in one location. You may now sign up for notification of changes to Segment’s Sub-processors via Twilio’s Sub-processor notification mechanism.
• We moved references to Twilio group members acting as sub-processors from Twilio’s Data Protection Addendum to Twilio’s Sub-processor list for better visibility.
• Sub-processors added for Twilio’s services: Adaptive Mobile (prevention of illegal or unwanted communications over Twilio’s messaging services) and Confluent (infrastructure management for Twilio Flex). Please see Twilio’s Sub-processor list for more information.

Twilio Privacy Notice:

• The Twilio Privacy Policy or Twilio Privacy Statement has been renamed the Twilio Privacy Notice.
• We merged Segment’s Privacy Policy with Twilio’s Privacy Notice. What happens with your data across all services we provide, including Segment’s Customer Data Platform, is now covered under Twilio’s Privacy Notice.
• We updated the language of our Privacy Notice as a whole to provide more clarity around how we process personal data. We made it more applicable to all countries where our customers may reside, offering greater insight into our global processing operations. In response to our customers’ feedback, we also made it easier to read and search for specific terms, and we provided an updated Table of Contents that also summarizes each section, providing transparent and easy access to the most pertinent information about how we process your data. This overall update also clarifies how you may make choices about the data you share with us, and clarifies when and why we share information with third parties.
• We restructured the notice to make clear how we process data in specific situations, such as data about our customers and data our customers give us about their end users.
• We consolidated our Cookie Notice into this Privacy Notice to provide you with up-front information on how we use cookies and tracking technologies. In addition, we have enabled Global Privacy Control and Do Not Track across our websites.
• We created a new section to showcase jurisdiction specific information to increase transparency about how we comply with various privacy laws around the world, such as in the EEA, U.K., and U.S.
• We clarified our global approach to cross-border data transfers by explaining our reliance on appropriate safeguards and other measures to ensure your data remains protected, no matter where you are located or where the data is transferred.

Twilio Security Overview:

• We merged Segment’s Security Policy with Twilio’s Security Overview. How we secure our platform and protect your data across all services we provide, including Segment’s Customer Data Platform, are now covered under Twilio’s Security Overview.

Twilio Service Level Agreement (SLA):

• We redrafted Twilio’s Service Level Agreement to be shorter and clearer. We did not change any of our service level or service credit commitments to you.
• We clarified that Twilio’s Service Level Agreement does not apply to any of Segment’s services. Segment’s Service Level Agreement is available here.

Twilio Support Terms:

• We clarified when you are eligible for a support credit and the process you must follow to request it.
• We clarified that our guaranteed response times for Customer Support do not apply to alpha, beta, and non-generally available services or any of Segment’s services. Segment’s Support Policy is available here.

If you have any questions, please reach out to your account team.

March 14, 2022

We updated our Privacy Statement and Data Protection Addendum (DPA) to cover that Twilio proactively identifies and does not accept text messages in violation of our Acceptable Use Policy. These updated terms will be effective on April 14, 2022.

Previous Updates by Year:

• 2021