Last Updated: February 14, 2023
These Twilio Segment Customer Data Platform (CDP) requirements (“Segment Requirements”) will apply to Customer to the extent Customer uses the Segment Services (as defined below). These Segment Requirements supplement the terms of the agreement between Customer and Twilio covering Customer’s use of the Services (“Agreement”). Except as otherwise expressly set forth in these Segment Requirements, the terms of the Agreement, including, without limitation, any disclaimers and liability limitations set forth therein, will apply to the use of the Segment Services.
The Agreement and these Segment Requirements will not apply to Customer if Customer has executed a separate written agreement that expressly covers and permits the use of the Segment Services.
1. Definitions
“Affiliate” has the meaning set forth in the Agreement.
“Twilio Acceptable Use Policy” means the Twilio Acceptable Use Policy, the current version of which is available at https://www.twilio.com/legal/aup.
“High Risk Activities” mean activities where use or failure of the Segment Services could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
“Prohibited Data” means any (a) special categories of data enumerated in the General Data Protection Regulation (EU 2016/679), Article 9(1) or any successor legislation; (b) patient, medical, or other health information (“Health Data”) that is protected and regulated under applicable laws or regulations; (c) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS); (d) social security numbers, driver’s license numbers or other government ID numbers; or (e) any data similar to the above protected under foreign or domestic laws or regulations.
“Segment Code” means Twilio’s standard JavaScript code, libraries, or software development kits provided to Customer for use with the Segment Services.
“Segment Customer Data” means data that Customer (including its Segment Services Users) submits to the Segment Services.
“Segment Documentation” means Twilio’s standard technical documentation for the Segment Services, the current version of which is available at https://www.segment.com/docs. Any references to documentation, performance standards, user guides, or instructions for the Services in the Agreement will include the Segment Documentation solely for the Segment Services.
“Segment Order Form” means an ordering document between Customer and Twilio for access to the Segment Services.
“Segment Services” (a) mean any Services and application programming interfaces branded as “Segment”, “Twilio Segment”, or “Twilio Engage”, including those set forth in the applicable Segment Order Form(s), Segment Code, Segment Documentation, and any support services related thereto and (b) exclude any Services that are advisory, expert, consulting, or onboarding in nature or professional services.
“Segment Services User” means Customer’s employees, contractors, and Affiliates that Customer allows to use the Segment Services for the sole benefit of Customer.
“Sources” and “Destinations” each have the meaning provided in the applicable Segment Documentation.
2. Segment Services
2.1 Permitted Use and Segment Service Users. Customer and Segment Service Users may access and use the Segment Services only for Customer’s internal business purposes in accordance with these Segment Requirements, the Agreement, the Twilio Acceptable Use Policy, the applicable Segment Order Form(s), and the applicable Segment Documentation. This includes the right to copy and use Segment Code to enable Sources and Destinations as described in the applicable Segment Documentation. Each Segment Services User must keep its login credentials confidential. Customer will promptly notify Twilio if it becomes aware of any compromise of a Segment Services User’s login credentials. Customer is responsible for all acts and omissions of Segment Services Users, including their compliance with these Segment Requirements, the Agreement, the Twilio Acceptable Use Policy, the applicable Segment Order Form(s), and the applicable Segment Documentation.
2.2 Restrictions. Customer will not (and will not permit anyone else to) do any of the following: (a) provide access to, use on behalf of, distribute, sell, or sublicense the Segment Services to a third party (but this does not prohibit Customer’s use of the Segment Services with its Sources and Destinations as permitted in these Segment Requirements); (b) use the Segment Services to develop a similar or competing product or service; (c) modify or create derivative works of the Segment Services or copy any element of the Segment Services (other than authorized copies of the Segment Code); (d) remove or obscure any proprietary notices in the Segment Services; (e) publish benchmarks or performance information about the Segment Services; (f) use the Segment Services in violation of the Twilio Acceptable Use Policy; (g) provide Twilio any Segment Customer Data that violates a third party’s rights, including, without limitation, privacy and intellectual property rights; (h) attempt to access other users’ data or accounts without their express permission; and (i) notwithstanding anything to the contrary in the Agreement, use the Segment Services with Prohibited Data or for High Risk Activities; provided, however, Health Data will not be considered Prohibited Data solely to the extent Customer has the necessary protections and agreements in place with Twilio, as required under applicable laws or regulations, for the processing of such Health Data. Notwithstanding anything to the contrary in these Segment Requirements or the Agreement, Twilio is not responsible for Sources, Destinations, or any other third-party products used by Customer with the Segment Services whatsoever.
2.3 SLA and Support. Segment will comply with the Segment Service Level Agreement, the current version of which is available at https://www.segment.com/legal/sla. Any terms relating to service levels in the Agreement will not apply to the Segment Services. Customer and Twilio will comply with the Segment Support Policy, the current version of which is available at https://www.segment.com/support-plans. Any terms relating to support in the Agreement will not apply to the Segment Services.
3. Segment Customer Data
3.1 Data Use. Customer grants Twilio the right to process Segment Customer Data as necessary to provide the Segment Services in a manner that is consistent with the Agreement; provided, however, if any privacy policy, data protection terms, or terms relating to the processing of personal data in the Agreement do not expressly include the Segment Services, the applicable terms in the Data Protection Addendum, the current version of which is available at https://www.twilio.com/legal/data-protection-addendum, will apply solely to the Segment Services. For the avoidance of doubt, Segment Customer Data does not include data once sent to Destinations.
3.2 Security. If any terms relating to security of any data or any other services provided by Twilio in or under the Agreement do not expressly include the Segment Services, the applicable terms in the Security Overview, the current version of which is available at https://www.twilio.com/legal/security-overview, will apply solely to the Segment Services.
4. Ownership. For the avoidance of doubt and as between Customer and Twilio, (a) Customer retains all right, title, and interest in and to Segment Customer Data and (b) Twilio retains all right, title, and interest in and to the Segment Services.
5. Segment Order Form(s) Term. The term of the applicable Segment Order Form(s) will automatically renew for successive twelve (12) month periods, except as otherwise set forth in such Segment Order Form(s), unless either party gives the other party written notice of non-renewal at least thirty (30) days prior to the end of such term.