Twilio Flex Mobile Application Requirements

Last Updated: May 29, 2024

These Twilio Flex Mobile Application Requirements (“Flex Mobile App Requirements”) will apply to Customer’s access to and use of the Flex Mobile App (as defined below). These Flex Mobile App Requirements supplement the terms of the agreement between Customer and Twilio covering Customer’s use of the Flex Service (as defined below) (“Agreement”).

1.  Definitions

“Flex Mobile App” means the software application for a mobile device through which Customer may access and use the Flex Service.

“Flex Mobile App Documentation” means Twilio’s standard technical documentation for the Flex Mobile App available at https://www.twilio.com/docs/flex/flex-mobile.

“Flex Service” means the Twilio Flex product offering provided by Twilio.

“User” means an individual user of Customer that uses the Flex Mobile App.

“Third Party Marketplace” means a marketplace hosted by a third party (e.g., App Store by Apple Inc., Google Play by Google LLC) that makes the Flex Mobile App available to Customer or a User for installation on Customer or such User’s mobile device.

“Twilio Acceptable Use Policy” means the Twilio Acceptable Use Policy, the current version of which is available at https://www.twilio.com/legal/aup.

2. Use of the Flex Mobile App.  Using the Flex Mobile App requires Customer to have an active Twilio account that is configured for the Flex Service. Customer’s or its Users’ access to and use of the Flex Mobile App is subject to these Flex Mobile App Requirements, the Flex Mobile App Documentation, the Twilio Acceptable Use Policy, and applicable law or regulation. Customer is responsible for all acts, omissions, and activities of its Users, including their compliance with these Flex Mobile App Requirements, the Flex Mobile App Documentation, the Twilio Acceptable Use Policy, and applicable law or regulation. The Flex Mobile App may not be available for, or compatible with, all mobile devices. For information regarding the mobile devices that are supported for the Flex Mobile App, please refer to the Flex Mobile App Documentation.

3. Availability of the Flex Mobile App.  Any terms relating to service levels in the Agreement will not apply to the Flex Mobile App. Twilio may discontinue offering the Flex Mobile App, any of its features, and/or support for the Flex Mobile App, including its use on certain mobile devices, at any time.

4. Suspension or Termination.  Twilio may suspend or terminate Customer’s access to and/or use of the Flex Mobile App (a) without notice if (i) Customer’s Twilio account is suspended or closed or (ii) Customer discontinues its use of the Flex Service and (b) upon written notice if Customer or a User materially breaches (or Twilio, in good faith, believes that Customer or a User has materially breached) these Flex Mobile App Requirements or any contractual terms and conditions imposed by the Third Party Marketplace from which Customer or a User downloads the Flex Mobile App.

5. Intellectual Property

(a) Ownership and Licenses.  For the avoidance of doubt and as between Customer and Twilio, Twilio retains all right, title, and interest in and to the Flex Mobile App and the Flex Mobile App Documentation. Subject to these Flex Mobile App Requirements, Twilio grants Customer a limited, non-exclusive license to install and use one (1) object code copy of the Flex Mobile App.

(b) Open Source.  The Flex Mobile App includes certain open source components that are subject to the applicable open source license in lieu of these Flex Mobile App Requirements and the Agreement. A list of the open source components included as part of the Flex Mobile App and the applicable open source licenses are available at https://app.fossa.com/reports/d3584fc5-d02f-405b-b83b-149d5384c430.

6. Third Party Marketplace.  Customer’s access to and use of a Third Party Marketplace is subject to a separate agreement solely between the applicable Third Party Marketplace provider and Customer. In addition to such separate agreement, and to the extent applicable, the following Third Party Marketplace terms apply to Customer:

(a) Terms Applicable to the Flex Mobile App Use on iOS Mobile Devices.  This Section 6(a) only applies to the extent Customer or a User is using the Flex Mobile App on an iOS mobile device. Customer acknowledges that these Flex Mobile App Requirements and the Agreement are between Customer and Twilio only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Flex Mobile App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Flex Mobile App. If the Flex Mobile App fails to conform to any applicable warranty, Customer may notify Apple, and Apple will refund any applicable purchase price for the Flex Mobile App to Customer. Except for the preceding sentence and to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Flex Mobile App. Apple is not responsible for addressing any claims by Customer or any third party relating to the Flex Mobile App or Customer’s possession and/or use of the Flex Mobile App, including (x) product liability claims; (y) any claim that the Flex Mobile App fails to conform to any applicable legal or regulatory requirement; or (z) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Flex Mobile App and/or Customer’s possession and use of the Flex Mobile App infringe a third party’s intellectual property rights. Customer agrees to comply with any applicable third-party terms when using the Flex Mobile App. Apple and Apple’s subsidiaries are third-party beneficiaries of these Flex Mobile App Requirements with the right to enforce these Flex Mobile App Requirements against Customer. Customer agrees that (i) it is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations and (ii) it is not listed on any U.S. Government list of prohibited or restricted parties.

(b) Terms Applicable to the Flex Mobile App Use on Android Devices.  This Section 6(b) only applies to the extent Customer or a User is using the Flex Mobile App on an Android mobile device. The terms of these Flex Mobile App Requirements and the Agreement constitute an agreement between Customer and Twilio, in lieu of any license granted by Google LLC (“Google”) or its affiliates, to use the Flex Mobile App. The terms of these Flex Mobile App Requirements and the Agreement are between Customer and Twilio only, and not with Google or its affiliates. Twilio is solely responsible for the Flex Mobile App.