Twilio Compliance Toolkit: AI/ML and Product Terms Addendum
Last Updated: October 31, 2024
This Twilio Compliance Toolkit: AI/ML and Product Terms Addendum (“Addendum”) is effective as of the date you (“Customer” or “you”) initially enable Twilio Compliance Toolkit, which uses Input (as defined below) to categorize a text message as “essential” or “non-essential” (each term as described in the AI/ML Feature Documentation (as defined below)) and then uses preset criteria to determine whether such text message should be transmitted based on its categorization (“AI/ML Feature”), within Customer’s account. Twilio (as defined below) may update the terms of this Addendum from time to time, provided that Twilio provides Customer with reasonable prior written notice of any material updates. If Customer does not agree to the material updates to the terms of this Addendum, Customer will have the opportunity to discontinue its use of the AI/ML Feature.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS ADDENDUM, YOU SHOULD NOT ENABLE THE AI/ML FEATURE WITHIN YOUR TWILIO ACCOUNT.
This Addendum is between Customer and the Twilio entity that has entered into the agreement (“Twilio”) covering Customer’s use of the Services (as defined below), including any terms applicable to the processing of personal data (“processing” and “personal data” each as defined below) set forth therein (collectively, “Agreement”), and forms part of the Agreement.
1. Definitions
“AI/ML Content” means (a) any Input that is processed through the AI/ML Feature or (b) any Output (as defined below) prompted or generated by the AI/ML Feature.
“AI/ML Feature Documentation” means Twilio’s standard technical documentation for the AI/ML Feature, the current version of which is available at https://www.twilio.com/docs/messaging/features.
“Anonymized Data” means any AI/ML Content that is (a) derived or generated from the use or provision of the AI/ML Feature that (i) does not identify Customer, any user of the Services, including via any products and services provided by Customer, or any natural person or (ii) is anonymized, de-identified, and/or aggregated such that it can no longer identify Customer, any user of the Services, including via any products and services provided by Customer, or any natural person or (b) anonymized, de-identified, and/or aggregated by Twilio in accordance with this Addendum.
“High Risk Activities” means any operation (a) of nuclear facilities, air traffic control, life support systems, or clinical purposes; (b) that is overseen by, or requires clearance or approval from, a regulatory authority; (c) that could lead to death, personal injury, or environmental damage; or (d) that constitutes high or unacceptable risk relating to the use of the AI/ML Feature under applicable law or regulation.
“Input” means any personal data or other data or information Customer provides to Twilio to be processed (as defined below) via the AI/ML Feature.
“Output” means any personal data or other data or information generated by the AI/ML Feature that is prompted by or generated from, as applicable, Input.
“personal data” means any data or other information relating to an identified or identifiable natural person or as otherwise defined or interpreted under applicable data protection law or regulation. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“processing” (and “process”) means any operation or set of operations performed on AI/ML Content, or on sets of AI/ML Content, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“processor” means the entity which processes personal data on behalf of the controller, where “controller” means a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, or as “processor” or “controller” are otherwise defined or interpreted under applicable data protection law or regulation.
“Services” means any products and services provided by Twilio or its affiliates.
“Twilio Acceptable Use Policy” means the Twilio Acceptable Use Policy, the current version of which is available at https://www.twilio.com/legal/aup.
Any capitalized term not defined in this Section 1 will have the meaning provided in this Addendum.
2. Access to the AI/ML Feature. Customer must actively choose to enable the AI/ML Feature if Customer elects to use it. Customer will ensure that AI/ML Content and Customer’s use of the AI/ML Feature comply with the Agreement, this Addendum, the Twilio Acceptable Use Policy, and the AI/ML Feature Documentation. The AI/ML Feature is entirely optional and not required to use any of the Services.
3. AI/ML Feature Use Restrictions. Customer may not use the AI/ML Feature (a) to develop its own artificial intelligence products, services, features, or technology, or any machine learning models or technology; (b) to mislead anyone that an Output was solely human generated; and (c) for High Risk Activities.
4. AI/ML Content
4.1 Processing of AI/ML Content. Customer and Twilio agree that Twilio and its affiliates will process personal data within AI/ML Content as a processor (a) in accordance with Customer’s instructions, as set forth in the Agreement and this Addendum, and (b) as necessary to make available the AI/ML Feature to Customer, which includes anonymizing, de-identifying, and/or aggregating any personal data within AI/ML Content to create Anonymized Data for the purpose of developing, improving, and training Twilio’s products, services, the AI/ML Feature, and Twilio’s artificial intelligence or machine learning technology and any related models. Twilio will not re-identify, or attempt to re-identify, any personal data within Anonymized Data.
4.2 Output. The AI/ML Feature uses emerging technology that may provide Output that is inaccurate, is offensive, poses a threat to public safety, or is not designed or intended to meet Customer’s needs, expectations, or legal, regulatory, or compliance obligations. Customer is solely responsible for reviewing, editing, and amending any Output before publishing, using, or relying on such Output. Due to the nature of artificial intelligence or machine learning technology, Output may not be unique, and the AI/ML Feature may generate the same or similar Output for other customers. Twilio does not guarantee the generation of Output by the AI/ML Feature.
5. AI/ML FEATURE DISCLAIMER. THE AI/ML FEATURE AND OUTPUT DO NOT GUARANTEE COMPLIANCE, IN WHOLE OR IN PART, WITH ANY LAW OR REGULATION. NOTHING PROVIDED BY TWILIO, INCLUDING THE AI/ML FEATURE AND OUTPUT, SHOULD BE CONSIDERED LEGAL OR COMPLIANCE ADVICE. CUSTOMER (A) IS SOLELY RESPONSIBLE FOR DETERMINING ITS LEGAL AND COMPLIANCE OBLIGATIONS AND (B) AGREES NOT TO USE OR RELY ON THE AI/ML FEATURE TO COMPLY WITH ITS LEGAL OR COMPLIANCE OBLIGATIONS.
6. Ownership. As between the parties, and subject to Section 4.1 (Processing of AI/ML Content) of this Addendum, Customer exclusively owns all right, title, and interest in and to AI/ML Content that is unique solely to Customer and not Anonymized Data. As between the parties, Twilio exclusively owns all right, title, and interest in and to (a) the AI/ML Feature; (b) Anonymized Data; (c) Twilio’s artificial intelligence or machine learning technology and any related models; and (d) any improvements to Twilio’s products, services, the AI/ML Feature, and Twilio’s artificial intelligence or machine learning technology and any related models resulting from the processing of Anonymized Data.
7. Conflict. In the event of any conflict or inconsistency between the terms of the Agreement and the terms of this Addendum, the terms of this Addendum will prevail with respect to the use of the AI/ML Feature.
8. Survival. The terms of this Addendum will survive the expiration or termination of the Agreement.