April 4, 2022
We are updating our terms! This notice is only applicable to you if you have an account that you created before April 4, 2022 or otherwise agreed to a previous version of these updated terms. These updated terms are available at the hyperlinks provided in this notice.
Please review this notice and all updated terms in their entirety to familiarize yourself with the upcoming changes. These updated terms will be effective and binding as of May 4, 2022. 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 completely replace all previous versions. This also includes previous versions of these updated terms that we have the right to update from time to time which are attached, or otherwise incorporated into, a separate written agreement that you, or your organization, has with us for the use of our services.
FOR EXISTING TWILIO SEGMENT CUSTOMERS
If you are an existing Twilio Segment customer, Segment’s existing terms below are being updated to merge and replace them with Twilio’s corresponding terms below as a result of Twilio’s acquisition of Segment.
Existing Segment terms:
To be merged and replaced with:
Segment Terms of Service:
Segment Premium Online Terms of Service:
Segment Online Master Subscription Agreement:
Twilio Terms of Service:
Segment Acceptable Use Policy:
Twilio Acceptable Use Policy:
Segment Data Protection Addendum (DPA):
Twilio Data Protection Addendum (DPA):
Twilio Privacy Notice:
Segment Information Security Policy:
Twilio Security Overview:
Segment Technical Services Addendum:
Twilio Advisory Services Requirements:
Segment Functions Terms:
Segment Functions (Section 3.4 of the Twilio Segment Customer Data Platform (CDP) Requirements):
Segment Education Terms and Conditions:
Segment Education (Section 3.5 of the Twilio Segment Customer Data Platform (CDP) Requirements):
FOR EXISTING TWILIO AND TWILIO SENDGRID CUSTOMERS
If you are an existing Twilio or Twilio SendGrid customer, we are updating Twilio’s Terms of Service, Service and Country Specific Requirements, Data Protection Addendum, Privacy Notice, Security Overview, Service Level Agreement, Support Terms, and Service and Country Specific Requirements. We highlight the material updates to these terms below.
- We clarified that if you have a separate agreement with us for the use of our services, our Terms of Service do not apply to you. However, our Terms of Service applies to you if any services you use are not covered under that separate agreement.
- We rewrote and reorganized our existing Terms of Service to be clearer and easier to read. We also updated the accompanying explanations in the left column for the same reasons.
- If you are domiciled in Brazil, then the Twilio entity that is entering into our Terms of Service is Teravoz Telecom Telecomunicações Ltda.
- If you purchase our services through a third-party reseller that is solely responsible for fulfilling payments, any fees that you owe for your use of our services are payable to that third-party reseller.
- We clarified that the scope of each party’s indemnification obligations also covers any fines and penalties.
- Your affiliates may use our services under our Terms of Service, so long as you and your affiliates are jointly and severally liable for your affiliates’ acts, omissions, and use of our services.
- We clarified that either party may assign our Terms of Service, without consent, to an affiliate or a successor to that party’s assets or business.
- If you are domiciled in any country within the Asia-Pacific region, except for Japan, the laws of Singapore govern our Terms of Service. Any binding arbitration will also take place in Singapore, and the Courts of Singapore will resolve any disputes that are litigated.
- If you are domiciled in Brazil, the laws of Brazil govern our Terms of Service. We also specify the dollar amount that is required in order for the parties to litigate or go to binding arbitration to resolve any disputes. The Courts of the City and State of São Paulo in Brazil will resolve any disputes that are litigated.
- We updated the order of precedence to include the Data Protection Addendum in the event of a conflict or inconsistency.
- We added additional terms in Section 10.1 that are applicable to you if you are a United States (U.S.) Federal or state entity or a federally-recognized tribal entity performing governmental functions and eligible for funding and services from the U.S. Department of the Interior.
- We no longer have a separate amendment to our Terms of Service if you are domiciled in Japan. Instead, the terms that are applicable to you are now included in Section 10.4.
- We removed any additional terms applicable to customers in the European Economic Area (EEA), United Kingdom (U.K.), Switzerland, or Germany regarding liability limitation exclusions and warranty periods that are not required by applicable law.
- We are reminding you that the terms in our Service and Country Specific Requirements are part of our Acceptable Use Policy. You are required to comply with the applicable terms to the extent you use a specific service or use our services in a specific country that is identified in our Service and Country Specific Requirements.
- We now publish a Service and Country Specific Requirements change log, which serves as 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.
- We updated the Segment Customer Data Platform (CDP) Requirements to make them clearer, more streamlined, and comprehensively cover the restrictions and requirements you must abide by to the extent you use the Twilio Segment Customer Data Platform.
- We added new product-specific terms for Programmable Voice & Elastic SIP Trunking, known as the Twilio Voice Services Policy, to the Service and Country Specific Requirements. You must comply with the Twilio Voice Services Policy if you use Programmable Voice or Elastic SIP Trunking. If you are an Independent Software Vendor (ISV) using Programmable Voice or Elastic SIP Trunking, it is also your responsibility to ensure your customers comply with the Twilio Voice Services Policy. For more information about the Twilio Voice Services Policy, please refer to this Help Article.
- We merged Segment’s Data Protection Addendum with Twilio’s Data Protection Addendum. How we process personal data across all services we provide, including Segment’s Customer Data Platform, is now covered under Twilio’s Data Protection Addendum.
- Segment is now covered by Twilio’s Binding Corporate Rules and relies on Twilio’s Binding Corporate Rules as the primary cross-border data transfer mechanism.
- We updated Twilio’s Data Protection Addendum to incorporate the U.K. Information Commissioner’s Office 2022 International Data Transfer Agreement, replacing the U.K. Standard Contractual Clauses.
- Segment’s Sub-processor list, previously available at https://www.twilio.com/legal/sub-processors, has been merged with Twilio’s Sub-processor list. You can now find all Sub-processors in one location. You may now sign up for notification of changes to Segment’s Sub-processors via Twilio’s Sub-processor notification mechanism.
- We moved references to Twilio group members acting as sub-processors from Twilio’s Data Protection Addendum to Twilio’s Sub-processor list for better visibility.
- Sub-processors added for Twilio’s services: Adaptive Mobile (prevention of illegal or unwanted communications over Twilio’s messaging services) and Confluent (infrastructure management for Twilio Flex). Please see Twilio’s Sub-processor list for more information.
- We updated the language of our Privacy Notice as a whole to provide more clarity around how we process personal data. We made it more applicable to all countries where our customers may reside, offering greater insight into our global processing operations. In response to our customers’ feedback, we also made it easier to read and search for specific terms, and we provided an updated Table of Contents that also summarizes each section, providing transparent and easy access to the most pertinent information about how we process your data. This overall update also clarifies how you may make choices about the data you share with us, and clarifies when and why we share information with third parties.
- We restructured the notice to make clear how we process data in specific situations, such as data about our customers and data our customers give us about their end users.
- We created a new section to showcase jurisdiction specific information to increase transparency about how we comply with various privacy laws around the world, such as in the EEA, U.K., and U.S.
- We clarified our global approach to cross-border data transfers by explaining our reliance on appropriate safeguards and other measures to ensure your data remains protected, no matter where you are located or where the data is transferred.
- We merged Segment’s Security Policy with Twilio’s Security Overview. How we secure our platform and protect your data across all services we provide, including Segment’s Customer Data Platform, are now covered under Twilio’s Security Overview.
- We redrafted Twilio’s Service Level Agreement to be shorter and clearer. We did not change any of our service level or service credit commitments to you.
- We clarified that Twilio’s Service Level Agreement does not apply to any of Segment’s services. Segment’s Service Level Agreement is available here.
- We clarified when you are eligible for a support credit and the process you must follow to request it.
- We clarified that our guaranteed response times for Customer Support do not apply to alpha, beta, and non-generally available services or any of Segment’s services. Segment’s Support Policy is available here.
If you have any questions, please reach out to your account team.
March 14, 2022
We updated our Privacy Statement and Data Protection Addendum (DPA) to cover that Twilio proactively identifies and does not accept text messages in violation of our Acceptable Use Policy. These updated terms will be effective on April 14, 2022.
Previous Updates by Year: