Last Updated: March 2, 2021
1. Parties to the Global Twilio Terms of Service
Notwithstanding anything to the contrary in the preamble to the Global Twilio Terms of Service ( “Terms”), if you are residing in Japan, the Terms and this amendment (“Amendment”) will be entered into between you and Twilio Japan GK, a Japanese company with a place of business at Link Square Shinjuku 16F, 5-27-5 Sendagaya, Shibuya-ku, Tokyo 151-0051, Japan, unless a particular Service requires contractually partnering with another entity (e.g., telecommunications connection services providing phone numbers in other jurisdictions). For the avoidance of doubt, “we”, “us”, “our” or “Twilio”, as used in the Terms and this Amendment, will collectively refer to Twilio Japan GK and its Affiliates. Any capitalized term used in this Amendment but not defined will have the meaning provided to it in the Terms. In the event of any conflict between the Terms and this Amendment, this Amendment will prevail.
2. Intended Use of the Services
The Services are intended for business use by corporate or business entities, and you agree that you will not use the Services for any personal or individual use.
3. Required Information & Verification Process
Depending on the Services you use, you may be required to submit copies of government-issued ID documents to us and/or complete verification processes as required under applicable laws and regulations, including, without limitation, the Act on Prevention of Transfer of Criminal Proceeds and the Telecommunications Business Act.
4. Taxes and Communications Surcharges
Taxes, as defined in Section 6.2.1 (Taxes) of the Terms, will include Japanese consumption tax. The universal service fee and the telephone relay service fee charged by telecommunication providers (e.g., carriers) will be borne by you as part of the Communications Surcharges set forth in Section 6.2.2 (Communications Surcharges) of the Terms.
Notwithstanding anything to the contrary in Section 6.3.2 (Invoicing Payment Terms) of the Terms, all fees are payable in Japanese Yen, except as otherwise set forth in a writing, including in an applicable Order Form(s) or an invoice to the extent you procure the Services without an Order Form.
6. Intellectual Property Rights
Any intellectual property rights vested by us under the Terms will include the rights set forth in Article 27 (Right of Adaptation) and 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us or any other third parties designated by us any moral rights you may have in any contents, including, without limitation, the Feedback that we are entitled to exploit under the Terms.
7. Contact to Emergency Services
You will not attempt to use the Services to contact or allow End Users to contact an official government-sponsored emergency telephone number (such as 110, 118, or 119) which is used to dispatch professional emergency responders (“Emergency Services”). You will inform End Users that (a) End Users cannot use the Services to contact Emergency Services and (b) End Users must use alternative means apart from the Services in order to contact Emergency Services. If you require or desire to provide End Users the ability to contact Emergency Services, you must provide End Users with alternative means to do so at your own risk.
8. Anti-Social Forces
You represent and warrant that you are not an Anti-Social Force (meaning here and hereinafter gangsters, right-wing groups, anti-social forces, and others equivalent thereto), and you do not have any exchange or involvement with Anti-Social Forces, such as cooperation or involvement in the maintenance, operation, or management of Anti-Social Forces through funding or other means presently and in the future.
9. Governing Law and Venue
Notwithstanding Section 13.8 (Governing Law and Venue) and Section 14 (Dispute Resolution) of the Terms, which sections will not apply to Services provided in Japan, the Terms and this Amendment will be governed by and interpreted according to the laws of Japan (including its procedural rules) without regard to conflicts of laws and principles that would cause the laws of another jurisdiction to apply. The Terms and this Amendment will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any legal suit, action or proceeding arising out of or related to the Terms, this Amendment, or the Services will be brought before the Tokyo District Court, and the parties each consent to the personal jurisdiction of these courts.