Updates to Twilio's Legal Terms and Conditions - 2023

August 3, 2023

Twilio Data Protection Addendum (DPA) and Twilio Privacy Notice: Twilio is officially certified under the new Adequacy Decision for the European Union (EU)-United States (US) Data Privacy Framework (DPF). As such, we updated Schedule 3 (Cross Border Data Transfer Mechanisms) of our DPA and our Privacy Notice to reflect that Twilio now relies on the DPF as its primary personal data transfer mechanism for EU-US personal data transfers. This will apply for Swiss-US personal data transfers as soon as a corresponding Swiss adequacy decision is made. Our updated DPA and Privacy Notice will be effective for new customers and partners immediately and existing customers and partners on September 5, 2023. 

June 29, 2023

Twilio Authy Application Terms: We updated our Authy Application Terms, so they are clearer and easier to read. None of these clarification updates were material in nature. The only material update we made is to Section 11, where we will now notify you of any material updates to our Authy Application Terms at least 30 days’ in advance in most cases. 

April 17, 2023

Twilio Segment Partner Program Agreement: We updated our Twilio Segment Partner Program Agreement such that it will be merged and replaced with the Twilio Terms of Service. If you are an existing Twilio Segment partner under the Twilio Segment Partner Program Agreement, you will be subject to, and must comply with, the Twilio Terms of Service, including Section 10.6 (Partner Program), which covers the necessary terms to participate in the Twilio Segment partner program. 

February 14, 2023

We updated our terms! This notice is only applicable to you if you have an account that you created before February 14, 2023, or otherwise agreed to a previous version of these updated terms. These updated terms are available at the hyperlinks provided below.

Please review this notice, which covers the upcoming changes that are material in nature, and all updated terms below in their entirety to familiarize yourself with these changes. These updated terms will be effective and binding as of March 15, 2023, and completely replaces all previous versions. 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 do not apply to you if you purchase our services through KDDI Web Communications.

これらの更新は、KDDI ウェブコミュニケーションズを通じて当社のサービスを購入した場合には適用されません。

Twilio Terms of Service:

• If you are domiciled in Brazil, you will now be contracting with Twilio Inc. instead of Teravoz Telecom Telecomunicações Ltda. If you are domiciled in any country within the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, Vatican City, or Monaco, you will be contracting with Twilio Ireland Limited. Please note that pursuant to Section 9.1.2 of these Twilio Terms of Service, a Twilio entity that is different from your contracting entity may bill you for your use of our services.
• We replaced the definition of Customer Application with a new definition of Customer Services to capture products and services you provide to your end users and customers that interoperate with our services.
• We updated the definition of End User to include any user that directly uses our services and any user that uses our services as a result of using your products and services.
• We added a new definition of Third Party Services to capture products and services that you purchase from Twilio that are provided by a third-party service provider under a separate agreement that you have with that third-party service provider.
• We clarified that the definition of Services excludes your products and services and any products and services you purchase from Twilio that are provided by a third-party service provider. We also clarified that Twilio is not responsible for any of these excluded products and services.
• Twilio is not liable for Customer Services and Third Party Services.
• If you are domiciled in Monaco, any disputes relating to the Twilio Terms of Service will be resolved in accordance with the laws of England and Wales in the courts in London, England. Furthermore, any arbitration proceedings, if applicable, will also take place in London, England in the English language.
• We clarified that any of our services, including any information about them, that are non-public or private and in beta or otherwise not generally available is our confidential information. These particular services may contain bugs or functional gaps and are not subject to the Twilio Service Level Agreement and Twilio Support Plans and Terms.
• We added terms that apply if you are joining or participating in any Twilio partner program (e.g., Twilio Build, Twilio Showcase, Twilio Segment Select). These terms include the conditions, policies, and guides that you must comply with in order to be accepted into any Twilio partner program. We also cover the right that each party has to use the other party’s names, logo, trademarks, and other branding elements. Finally, Twilio may remove you from its partner program at any time upon 30 days prior written notice.

Partner Terms of Service: We updated our Partner Terms of Service such that it will be merged and replaced with the Twilio Terms of Service. If you are an existing Twilio partner under the Partner Terms of Service, you will be subject to, and must comply with, the Twilio Terms of Service as of March 15, 2023, including Section 10.6 (Partner Program), which covers the necessary terms to participate in Twilio’s partner program (e.g., Twilio Build, Twilio Showcase, Segment Select).

Twilio Acceptable Use Policy:

• We updated the definition of End User to include any users that directly use our services.
• We clarified that you are prohibited from using our services in a manner that violates telecommunications providers’ guidelines or requirements.
• We clarified that the Service and Country Specific Requirements includes third-party terms that you must adhere to if you use products and services that you purchase from Twilio that are provided by a third-party service provider.

Service and Country Specific Requirements:

• Please review the Service and Country Specific Requirements change log, which you agree and acknowledge serves as reasonable and sufficient 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. The Service and Country Specific Requirements are an important part of the Acceptable Use Policy. You must comply with the applicable terms to the extent you use (1) a specific service of ours, (2) our services in a specific country, or (3) a third-party product or service, any of which is identified in the Service and Country Specific Requirements.
• Advisory Services Requirements: We update the Advisory Services definition to include configuration, expert, or implementation services and the Advisory Services Package definition to include the packages available at https://twil.io/professional-services/offerings. We also added a definition for Subcontractors, which are treated similar to Twilio Personnel. We further clarified the Twilio IP definition by including technical configuration, workflow templates, starter code, and software components, which Twilio owns. We modified the perpetual license you had to use Twilio IP such that you now have the right to use Twilio IP that is specifically start code or software components in accordance with the applicable open-source license. We added a disclaimer to inform you that our advisory services do not constitute legal or compliance advice or guidance and that you are responsible for any reliance on our advisory services.
• Twilio Segment Customer Data Platform: We updated these Twilio Segment Customer Data Platform (CDP) Requirements to incorporate the latest Twilio Segment support plans and terms for Twilio Segment's CDP.
• Twilio SendGrid Email Policy: We updated this Twilio SendGrid Email Policy to clarify and add more specificity around affirmative consent and revocation of affirmative consent requirements, prohibited content and actions, and email deliverability and Twilio SendGrid Email Services performance risks. We also added obligations regarding preventing unauthorized access to your account and the Twilio SendGrid Email Services and removing that access for your end users and customers that violate the Email Policy.

Twilio Data Protection Addendum (DPA):

• We updated Schedule 3 (Cross Border Transfer Mechanisms) of the DPA to reflect that Twilio is now certified under the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules (CBRS).
• We updated the country-specific data privacy terms for Japan in Schedule 4 (Jurisdiction Specific Terms) of the DPA to align with the Act on the Protection of Personal Information more clearly. We also added terms required by certain U.S. State privacy laws that went into effect on January 1, 2023, to Schedule 4, including the California Consumer Privacy Act (CCPA) that has been updated in accordance with the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCPDA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), and the Utah Consumer Privacy Act (UCPA).

Twilio Service Level Agreement:

• This Twilio Service Level Agreement does not apply to Twilio Engage or products and services that are no longer available or supported by Twilio.

Twilio Support Plans and Terms:

• We updated email support references to web support references. Please submit your support ticket via the Twilio Console.
• These Twilio Support Plans and Terms do not apply to Twilio Engage or products and services that are no longer available or supported by Twilio.

Segment Service Level Agreement:

• The Segment Service Level Agreement applies to Twilio Engage.
• The Segment Service Level Agreement does not apply to products and services that are no longer available or supported by Twilio.
• Twilio may update the Segment Service Level Agreement from time to time, and the then-current version will be available at https://www.segment.com/legal/sla.

Segment Support Plans and Terms:

• We clarified that the priority levels and target response times only apply to initial responses to support tickets.
• Support tickets that are opened with Twilio Segment Support are subject to the updated Twilio Segment Support Ticket Submission Terms available at https://www.segment.com/legal/support-terms. These updated Twilio Segment Support Ticket Submission Terms cover priority level definitions, Twilio’s business hours, and escalating support tickets that do not receive an initial response within the target response time. Twilio may update these Twilio Segment Support Ticket Submission Terms from time to time, and the then-current version will be available at https://www.segment.com/legal/support-terms.
• The Segment Support Plans and Terms apply to Twilio Engage.
• The Segment Support Plans do not apply to products and services that are no longer available or supported by Twilio.
• Twilio may update the Segment Support Plans from time to time, and the then-current version will be available at https://www.segment.com/support-plans.

Twilio Advisory Services Terms:

• If you are domiciled in Brazil, you will now be contracting with Twilio Inc. instead of Teravoz Telecom Telecomunicações Ltda. If you are domiciled in Monaco, you now will be contracting with Twilio Ireland Limited instead of Twilio Inc.
• We update the Advisory Services definition to include configuration, expert, or implementation services.
• We added a definition for Subcontractors, which are treated similar to Twilio Personnel.
• We further clarified the Twilio IP definition by including technical configuration, workflow templates, starter code, and software components, which Twilio owns.
• We modified the perpetual license you had to use Twilio IP such that you now have the right to use Twilio IP that is specifically start code or software components in accordance with the applicable open-source license.
• We added a warranty that our advisory services will be provided in a professional and worklike manner. If we breach that warranty, your recourse is to have the non-conforming advisory services re-performed or receive a refund for the non-conforming advisory services that cannot be re-performed.
• We clarified that our advisory services do not constitute legal or compliance advice or guidance.
• We clarified that the assigning party has the right to assign the Twilio Advisory Services Terms to another party that is assuming all or part of the assigning party’s assets or business.
• If you are domiciled in Monaco, any disputes relating to the Twilio Advisory Services Terms will be resolved in accordance with the laws of England and Wales in the courts in London, England. Furthermore, any arbitration proceedings, if applicable, will also take place in London, England in the English language.

Twilio Privacy Notice:

• The separate Authy Privacy Notice and Frontline Privacy Notice have been merged with and replaced by this Twilio Privacy Notice.
• We clarified that we do not sell your end users’ personal information to, or share your end users’ information with, third parties for cross-context behavior advertising.
• We added that Twilio’s privacy practices, as outlined in this Twilio Privacy Notice, comply with the APEC Cross Border Privacy Rules (“CBPR”) and Privacy Recognition for Processors (“PRP”) Systems.
• We clarified that you have the ability to opt out of marketing communications from Twilio via updating your communication preferences using an online form.
• If you are in the United States of America, we clarified the requests you can make to Twilio if you would like more information about Twilio’s use of Customer Account Data or Customer Usage Data.
• We added recommended protective measures and guidelines if you use our services on a mobile device, and steps to take if that mobile device is lost or stolen.
• We moved the process for handling disputes relating to Twilio’s data protection practices to a separate page that is available at https://www.twilio.com/legal/privacy/disputes.

Previous Updates by Year:

• 2022

• 2021