August 26, 2021
We have updated our Data Protection Addendum (DPA) to incorporate the European Commission's new Standard Contractual Clauses. If you are on our Terms of Service or subject to our online DPA, the updated DPA will automatically apply to you, effective September 27, 2021. You may learn more about this update in this support article.
If you have negotiated a separate DPA with us, the updated DPA will not apply to you, but you must update your DPA with us by December 27, 2022.
June 29, 2021
We are updating our Terms of Service, Acceptable Use Policy, and Security Overview (together we will refer to these three as “Updated Terms” throughout this summary). Our Updated Terms will be posted online on July 1, 2021 and be effective and binding as follows:
- New Customers: If you create your account on or after July 2, 2021, our Updated Terms will be effective and binding immediately.
- Existing Customers: If you have an existing account or previously agreed to any version of our Updated Terms before July 2, 2021, our Updated Terms will be effective and binding on August 3, 2021. No further action is necessary on your part. Your continued use of our services automatically constitutes your acceptance of our Update Terms.
If you have, or your organization has, a separate written agreement with us for the use of our services, the updates to our Terms of Service will not apply to you.
Our Updated Terms completely replace any previous versions of them. This also includes any previous version of our Acceptable Use Policy or Security Overview that is attached, or otherwise incorporated into, a separate written agreement that you or your organization has with us for the use of our services.
Note to Customers in Japan: If you are in Japan, we have updated our Terms of Service, Amendment to the Twilio Terms of Service for Customers in Japan, Acceptable Use Policy, and Security Overview that are in Japanese. Please see a summary of the updates in Japanese [here].
The material updates are provided in more detail below. We recommend that you read each of our Updated Terms, which we also link below.
- We are updating our Terms of Service to reflect that our affiliates may provide you with our services or portions thereof or serve as a billing agent on behalf of us or our other affiliated entities providing you with our services. You give our affiliates the right to process your data in order to provide you with our services, subject to our Terms of Service, Data Protection Addendum, and Privacy Notice.
- We are revising our rights to suspend our services to you. As part of that, we clarify that we will act in good faith if we need to suspend the services to you. We also clarify that you are still responsible for the fees you owe us, even if we suspend our services to you. Finally, we clarify when we can suspend our services to you and charge late fees for unpaid fees that you are disputing and when we cannot.
- We are clarifying that you are still responsible for complying with our Terms of Service in the event you assign your account to a third-party reseller.
- We are clarifying that we own any data that is derived from your use of our services that does not identify you, your end users, or a natural person and/or that we anonymize, de-identify, or aggregate.
- We are revising the remedies available to you if our services do not materially perform in accordance with our published documentation.
- We are revising our export controls provision to cover compliance obligations for both parties with anti-corruption and international trade laws, regulations, and governmental orders.
- We are clarifying that a violation of our Acceptable Use Policy or our Service and Country Specific Requirements will constitute a material breach of our Terms of Service.
- We are clarifying that we have the right to assign any order forms between you and us to another party, including our affiliates.
- We are revising your notice obligations to us. All notices to be provided to us under our Terms of Service will be delivered via email to firstname.lastname@example.org.
- We are revising the dispute resolution procedure the parties must follow in the event of a dispute relating to our Terms of Service.
- We are updating the governing law for our Terms of Service and the courts having jurisdiction over legal proceedings if you are domiciled in any country within the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, or Vatican City.
- We are clarifying how the confidentiality provision in our Terms of Service interacts with any terms of a separate non-disclosure or confidentiality agreement you have in place with us.
- If you are in Japan, you will also be subject to the Amendment to the Twilio Terms of Service for Customers in Japan.
- We are clarifying that your obligation to comply with applicable laws, regulations, and industry standards and guidance also includes complying with governmental orders.
- 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 these 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 are updating our Security Overview to make it easier to understand and capture our new security controls and certifications. We are not materially reducing any of the security controls and protections that were included in the previous version of our Security Overview.
If you have any questions, please contact Customer Support.