Twilio Segment: Predictive AI/ML Features Addendum

Last Updated: February 21, 2024

This Twilio Segment: Predictive AI/ML Features Addendum (“Addendum”) is effective as of the date you (“Customer” or “you”) initially enable the applicable Predictive AI/ML Feature(s) (as defined below) option within any services, including any application programming interfaces, branded as “Segment”, “Twilio Segment”, or “Twilio Engage” (“Segment Services”). Twilio 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 applicable Predictive AI/ML Feature(s).

IF YOU DO NOT AGREE WITH THE TERMS OF THIS ADDENDUM, YOU SHOULD NOT ENABLE ANY PREDICTIVE AI/ML FEATURES WITHIN THE SEGMENT SERVICES.

This Addendum is between Customer and the Twilio entity that has entered into the agreement (“Twilio”) covering Customer’s use of Twilio’s platform (“Agreement”) and forms part of the Agreement.

1. Definitions

“Predictive AI/ML Content” means (a) any Input (as defined below) that is processed through a Predictive AI/ML Feature (as defined below) or (b) any Output (as defined below) prompted or generated by such Predictive AI/ML Feature.

“Predictive AI/ML Feature(s)” means Twilio’s or a third party’s artificial intelligence or machine learning technology, as applicable, that (a) uses Input to predict outcomes; (b) is included as part of the Segment Services; and (c) is enabled by Customer within Customer’s account.

“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; or (c) that could lead to death, personal injury, or environmental damage.

“Input” means any data or other information, Customer provides to Twilio to be processed via a Predictive AI/ML Feature.

“Output” means any data or other information generated by a Predictive AI/ML Feature that is prompted by or generated from, as applicable, Input.

“process” and “processing” means any operation or set of operations performed on Predictive AI/ML Content, or on sets of Predictive 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 Predictive AI/ML Content, 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 Predictive AI/ML Content.

“Predictive AI/ML Features Documentation” means Twilio’s standard technical documentation for all Predictive AI/ML Features, the current version of which is available at  https://www.segment.com/docs/unify/Traits/predictions.

“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 Predictive AI/ML Features.  Customer must actively choose to enable a Predictive AI/ML Feature if Customer elects to use such Predictive AI/ML Feature. Customer will ensure that Predictive AI/ML Content and Customer’s use of any Predictive AI/ML Feature comply with the Agreement, this Addendum, the Twilio Acceptable Use Policy, and the Predictive AI/ML Features Documentation. All Predictive AI/ML Features are entirely optional and not required to use the Segment Services.

3. Predictive AI/ML Features Use Restrictions.  Customer may not use a Predictive AI/ML Feature (a) to develop 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. Customer is prohibited from using any personal, confidential, or sensitive data or other information as Input.

4. Predictive AI/ML Content

(a) Processing of Predictive AI/ML Content.  Customer and Twilio agree that Twilio and its affiliates will process Predictive AI/ML Content as a processor. Customer grants Twilio and its affiliates the right to process Predictive AI/ML Content in accordance with Customer’s instructions (i) as set forth in the Agreement, this Addendum, and as otherwise necessary to make available Predictive AI/ML Features to Customer, and which includes investigating security incidents and preventing spam, fraudulent activity, and violations of the Twilio Acceptable Use Policy, and detecting and preventing network exploits or abuse and (ii) as necessary to comply with applicable law or regulation.

(b) Output.  Predictive AI/ML Features use 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 a Predictive AI/ML Feature may generate the same or similar Output for other customers. Twilio does not guarantee the generation of Output by any Predictive AI/ML Feature.

5. Third Party AI/ML Technology.  Twilio may use artificial intelligence or machine learning technology provided by a third party (“Third Party Technology”) to provide some or all of the functionality for any Predictive AI/ML Features. By using a Predictive AI/ML Feature, Customer acknowledges and permits Twilio to disclose any Input, as determined by Twilio, in its sole discretion, with a Third Party Technology provider. Some Predictive AI/ML Features currently use AWS Personalize as Third Party Technology. Customer will comply with AWS Personalize’s Use Policy, the current version of which is available at https://aws.amazon.com/machine-learning/responsible-ai/policy, in connection with its use of the applicable Predictive AI/ML Feature. For the avoidance of doubt, no Third Party Technology provider will process Predictive AI/ML Content to improve or train its Third Party Technology or any of its related artificial intelligence or machine learning models.

6. Ownership and Licenses.  As between the parties, (a) Twilio exclusively owns, or its Third Party Technology providers exclusively own, as applicable, all right, title, and interest in and to the Predictive AI/ML Features and (b) Customer exclusively owns all right, title, and interest in and to Predictive AI/ML Content that is unique solely to Customer.

7. Conflict.  In the event of any conflict or inconsistency between the terms of the Agreement, including any personal data processing terms set forth therein, and the terms of this Addendum, the terms of this Addendum will prevail with respect to the use of any Predictive AI/ML Feature.

8. Survival.  The terms of this Addendum will survive the expiration or termination of the Agreement.