Twilio Authy Application Terms
Last Updated: June 29, 2023
By using, installing, or accessing the Twilio Authy Application (“Authy App”), or clicking to accept the terms set forth in these Twilio Authy Application Terms (“Authy App Terms”), you agree to be bound by these Authy App Terms. For purposes of these Authy App Terms, Any references to “you” or “your” refer to you as the user of the Authy App, and any references to “Twilio” refer to Twilio Inc.
1. Use of the Authy App. You will use the Authy App in accordance with these Authy App Terms, the Twilio Acceptable Use Policy, and applicable law or regulation.
2. IP Rights and Licenses. Twilio owns all right, title, and interest in and to the Authy App. Subject to your compliance with the terms of these Authy App Terms, Twilio grants you a limited, non-exclusive, non-transferable license to install and use one (1) object code copy of the Authy App.
3. Data Privacy and Acknowledgement of Use. Any data, including your personal information, collected, transmitted, stored, or otherwise processed through your use of the Authy App will be processed in accordance with the Twilio Privacy Notice.
4. Availability of the Authy App. You understand that use and availability of the Authy App may be interrupted, including for maintenance, upgrades, or network or equipment failures. Twilio may discontinue the Authy App, any of its features, and/or support for the Authy App, including its use on certain devices and platforms, at any time.
5. Feedback. Twilio welcomes any recommendations, suggestions, ideas, or feedback you have about the Authy App (collectively, “Feedback”). You understand that Twilio owns all Feedback that you provide, and you are not entitled to any compensation or reimbursement of any kind for providing Feedback to Twilio or in connection with Twilio’s use of Feedback.
6. Terms Applicable to Authy App Use on iOS Devices. This Section 6 only applies to the extent you are using the Authy App on an iOS device. You acknowledge that these Authy App Terms are between you and Twilio only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Authy App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Authy App. If the Authy App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Authy App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Authy App. Apple is not responsible for addressing any claims by you or any third party relating to the Authy App or your possession and/or use of the Authy App, including: (a) product liability claims; (b) any claim that the Authy App fails to conform to any applicable legal or regulatory requirement; or (c) 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 Authy App and/or your possession and use of the Authy App infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Authy App. Apple and Apple’s subsidiaries are third-party beneficiaries of these Authy App Terms, and upon your acceptance of these Authy App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Authy App Terms against you as a third-party beneficiary of these Authy App Terms. You hereby represent and warrant that: (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Warranty Disclaimer. THE AUTHY APP IS PROVIDED “AS IS,” AND TWILIO MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND TWILIO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Indemnification. You will defend Twilio and Twilio’s officers, directors, employees, and affiliated entities (collectively, “Twilio Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against a Twilio Indemnified Party by a third party alleging or arising out of your use of the Authy App (“Claim”). You will indemnify Twilio from any damages, fines or penalties imposed by a government or regulatory body, attorneys’ fees, and costs awarded against a Twilio Indemnified Party or for settlement amounts approved by you for a Claim.
Twilio reserves the right, at its own expense, to participate in the defense of any Claim. You will not do the following without Twilio’s prior written consent: (a) settle any Claims for which you have an obligation to indemnify pursuant to this Section 8 or (b) admit to liability or fault or create any obligation on behalf of Twilio as part of a settlement of a Claim.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE AUTHY APP TERMS, TWILIO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AUTHY APP TERMS OR OTHERWISE IN CONNECTION WITH THE AUTHY APP WILL IN NO EVENT EXCEED FIFTY DOLLARS ($50.00). YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9 IS TO ALLOCATE THE RISKS UNDER THESE AUTHY APP TERMS BETWEEN THE PARTIES, AND TWILIO HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE AUTHY APP.
10. Term and Termination. These Authy App Terms will commence on the date you begin using, installing, or accessing the Authy App or click to accept these Authy App Terms, and will continue until terminated in accordance with this Section 10.
You may terminate these Authy App Terms at any time, for any or no reason, by immediately ceasing your use of the Authy App. If you commence using the Authy App again, you are consenting to, and will comply with, these Authy App Terms. Twilio may, in its sole discretion, suspend or terminate these Authy App Terms immediately (a) if Twilio suspects you are in breach of these Authy App Terms; (b) if Twilio determines that you are engaged in activity that is suspected or actually fraudulent, illegal, or otherwise malicious or fails to comply with applicable law or regulation; (c) causes a significant risk of reputational harm to Twilio; or (d) to prevent harm to the security, stability, availability, or integrity of the Authy App.
11. Modification. Twilio may update these Authy App Terms from time to time. Twilio will provide you with written notice of any material updates at least thirty (30) days prior to the date the updated version becomes effective, unless such material updates result from changes in laws, regulations, or requirements from telecommunications providers. All notices to you will be provided via email to the email address you used to register for the Authy App. Following such notice, your continued use of the Authy App on or after the date the updated version of these Authy App Terms becomes effective constitutes your automatic acceptance of the updated version of these Authy App Terms. The updated version of these Authy App Terms supersedes all prior versions. If you do not agree to the updated version of these Authy App Terms, you must stop using the Authy App.