Updates to Twilio's Legal Terms & Conditions - 2021
August 26, 2021
We 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.
当社は、欧州委員会の新しい標準契約条項を取り入れるために、当社のデータ保護付属書を更新しました。お客様が当社のサービス利用規約に同意されている場合、または当社のオンラインデータ保護付属書の対象となっている場合は、2021年9月27日より、更新されたデータ保護付属書が自動的に適用されます。この更新についての詳細は、こちらのサポート記事でご覧いただけます。
お客様が当社と別のデータ保護付属書を交渉している場合は、更新されたデータ保護付属書はお客様に適用されませんが、2022年12月27日までに当社とのデータ保護付属書を更新する必要があります。
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].
日本のお客様へ:国内に在住のお客様向けに、以下の規約やポリシー等についても更新をしてまいりました (サービス利用規約、国別要件によるTwilioサービス利用規約の修正条項 (日本在住者用)、サービス利用ポリシー、セキュリティ概要書)。重要な改定事項の詳細を日本語で、「こちら」にまとめていました。改訂版規約を細部までお読みください。
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 legalnotices@twilio.com.
- 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.
February 1, 2021
We are updating our Terms of Service available at https://www.twilio.com/legal/tos and our Acceptable Use Policy available at https://www.twilio.com/legal/aup. Our updated Terms of Service and updated Acceptable Use Policy will be effective on February 1, 2021 for new customers and March 15, 2021 for existing customers.
If you are an existing customer, no action is required on your part to make these updates effective and binding. Our updated Terms of Service and updated Acceptable Use Policy will automatically apply to your, or your organization’s, continued use of our services as of March 15, 2021. If you have, or your organization has, a separate written agreement with Twilio for the use of our services, only our updated Acceptable Use Policy will apply to you or your organization.
Our updated Terms of Service and updated Acceptable Use Policy completely replace any previous version of our Terms of Service and Acceptable Use Policy. This also includes any previous version of our Acceptable Use Policy that is attached or otherwise incorporated into a separate written agreement that you or your organization has for the use of our services.
The updates are provided in more detail below. We recommend that you read our updated Terms of Service and updated Acceptable Use Policy in full.
- We shortened, reorganized, and streamlined parts of our Terms of Service, so they are clearer and easier to understand. This, for example, includes provisions relating to your responsibilities, tax and communications surcharges, export controls, and your affiliates’ use of our services.
- We clarified that our services are intended for business use or for use related to an individual’s trade, craft, or profession only.
- We clarified the scope of each party’s indemnification obligations and updated the types of claims that are excluded from the limitation of liability.
- Notices will be provided to you via email or in your account portal.
- We updated terms specific to customers that are in the European Economic Area (EEA), Switzerland, or the United Kingdom.
- All product or service specific obligations, including any country specific obligations, are now included in our Service and Country Specific Requirements framework, which is now available via our Acceptable Use Policy.
European Economic Area (EEA), Switzerland, and United Kingdom Customers: If you are a customer based in the European Economic Area (EEA), Switzerland, or the United Kingdom and you object to the foregoing updates to our Terms of Service, you must provide your objection in writing to Customer Support no later than March 15, 2021. If you object to the foregoing updates, you must not use our services after March 15, 2021. Please note your continued use of our services after, or failure to provide written notice of your objection by, March 15, 2021 constitutes your acceptance of our updated Terms of Service.
- We updated our Acceptable Use Policy, reorganizing it so it is easier to read and understand the various rules and prohibited activities regarding our services.
- We centralized obligations for specific products and services, including any country specific obligations, under our Service and Country Specific Requirements framework available at https://www.twilio.com/legal/service-country-specific-terms, so they are easier to locate.
- We updated our Acceptable Use Policy to make it clear that hate groups are prohibited from using our services. In addition, any content or communications that is considered criminal misinformation, exploitative, abusive, or hate speech is prohibited from being transmitted or stored using our services.
- We retain the right to update our Acceptable Use Policy from time to time upon reasonable notice, which may be provided via your account portal, e-mail, or by posting an updated version at https://www.twilio.com/legal/aup.
- You are now required to immediately report any violation of our Acceptable Use Policy to https://www.twilio.com/help/abuse and investigate and/or remedy the violation.