Twilio Flex Critical Scenarios Service Level Agreement

Last Updated: February 27, 2024

1. Definitions.  The following defined terms apply to this service level agreement for the Flex Critical Scenarios (as defined below) (“Flex SLA”).

“Actual Monthly Flex Availability Percentage” = (A-B)/A * 100, where:

• A = Total Monthly Flex Time (as defined below), and

• B = Unavailable Monthly Flex Time (as defined below). 

“APIs” means the application programming interfaces provided by Twilio which enable a Flex Critical Scenario to operate.

“Flex Critical Scenarios” means a set of six (6) functionalities necessary to perform critical real-time interactions between Customer and its customer(s) within Twilio Flex. The Flex Critical Scenarios, which are described below, are (a) Agent Logging into the Agent UI; (b) Incoming Customer Voice Call; (c) Incoming Customer Message; (d) Outgoing Agent’s Voice Call; (e) Transferring a Voice Call; and (f) Completion of Assigned Tasks. 

(a) Agent Logging into the Agent UI: A contact center agent logs into the Twilio Flex Agent UI and can visualize its task lists and the icons to initiate an outbound voice call.

(b) Incoming Customer Voice Call: A contact center agent and Customer’s customer(s) are connected through a voice call.

(c) Incoming Customer Message: A contact center agent and Customer’s customer(s) are connected through a messaging session and are able to exchange messages with each other.

(d) Outgoing Agent’s Voice Call: A contact center agent is able to initiate a voice call with Customer’s customer(s) and, if such voice call is answered, such contact center agent and Customer’s customer(s) are connected.

(e) Transferring a Voice Call: A contact center agent that is connected with Customer’s customer(s) is able to transfer a voice call to a different contact center agent, including a supervisor, and such different contact center agent is able to connect with Customer’s customer(s) via such voice call.

(f) Completion of Assigned Tasks: A contact center agent is able to complete an assigned task(s) after completing a voice call or message exchange with Customer’s customer(s). 

“Flex Service Credit” means the credit that Customer is eligible to request pursuant to Section 2 (Flex Service Credits) of this Flex SLA, if the Actual Monthly Flex Availability Percentage is less than the Monthly Flex Availability Percentage Threshold (as defined below). A Flex Service Credit is calculated by multiplying the applicable Flex Service Credit percentage set forth in Section 2 (Flex Service Credits) of this Flex SLA by the total fees solely for access to Twilio Flex that Customer is charged in the applicable calendar month.

“Monthly Flex Availability Percentage Threshold” means all Flex Critical Scenarios are available at least 99.99% of the Total Monthly Flex Time (as defined below) in the applicable calendar month.

“Total Monthly Flex Time” means the total number of minutes in the applicable calendar month.

“Unavailable Monthly Flex Time” means the number of minutes, measured in five (5) minute intervals, in the applicable calendar month, during which at least one (1) Flex Critical Scenario is unavailable. For example, if a Flex Critical Scenario is unavailable for (a) six (6) minutes, it will be calculated as being unavailable for one five (5) minute interval or (b) nineteen (19) minutes, it will be calculated as being unavailable for three five (5) minute intervals. Unavailable Monthly Flex Time (i) across all unavailable Flex Critical Scenarios during a five (5) minute interval will be calculated in the aggregate and (ii) does not include Excluded Monthly Flex Times (as defined below).

2. Flex Service Credits

To receive a Flex Service Credit, Customer must submit a request to Customer Support via https://help.twilio.com within thirty (30) days from the last day of the calendar month in which Customer claims Twilio failed to meet the Monthly Flex Availability Percentage Threshold. All submissions must include the following: (a) “Flex Critical Scenarios SLA Claim” as the subject of the support ticket; (b) the date(s) and time(s) of the Unavailable Monthly Flex Time; (c) the impacted Twilio Flex Account SID(s); (d) the unavailable Flex Critical Scenario(s); and (e) any documentation of the Unavailable Monthly Flex Time. Twilio will issue the applicable Flex Service Credit to Customer after Twilio confirms it failed to meet the Monthly Flex Availability Percentage Threshold.

Any Flex Service Credit will be applied to future amounts payable by Customer to Twilio for the fees solely for access to Twilio Flex. The Flex Service Credits are not available in the form of refunds. Notwithstanding anything to the contrary in this Flex SLA, Customer is only eligible for a Flex Service Credit if the amount of such Flex Service Credit is greater than one dollar ($1 USD).

3. Exclusions.  Notwithstanding anything to the contrary in this Flex SLA, no Unavailable Monthly Flex Time will be deemed to have occurred if it (a) is caused by factors outside of Twilio’s reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where Twilio maintains access and control over the APIs; (b) results from any action or inaction of Customer or any third party (except for Twilio’s agents and subcontractors), including, without limitation, Customer’s breach of the Twilio Flex Fair Usage Policy, the current version of which is available at https://ahoy.twilio.com/flex-fup; (c) results from Customer’s equipment, products and services, software, applications, or other technology, add-on services, or third-party equipment, software, or other technology (except for equipment within Twilio’s direct control); (d) occurs during Twilio’s scheduled maintenance for which Twilio will provide at least twenty-four (24) hours prior notice; (e) occurs during Twilio’s emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the APIs), regardless of the notice provided by Twilio; (f) results from any APIs or components which enable a Flex Critical Scenario to operate, in either case, that are identified as alpha, beta, not generally available, limited release, developer preview, or any similar APIs or components which enable a Flex Critical Scenario to operate that are offered by Twilio; or (g) is less than five (5) minutes of continuous unavailability in duration (collectively, “Excluded Monthly Flex Times”). For clarity, any incidents relating to Twilio Flex or unavailable APIs, in either case, at https://status.twilio.com, do not guarantee that a Flex Critical Scenario is unavailable. This Flex SLA does not apply to any products and services, or versions thereof, that are (i) no longer available or supported or (ii) branded as “Segment”, “Twilio Segment” or “Twilio Engage” (collectively, “Segment Services”). The service level agreement for the Segment Services is available at https://www.twilio.com/en-us/legal/service-level-agreement/segment-data-ingestion-api.

4. Entire Flex SLA Liability.  The Flex Service Credits are Twilio’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for Twilio’s failure to meet the Monthly Flex Availability Percentage Threshold. Furthermore, if the unavailability of any APIs causes Twilio’s failure to meet the Monthly Flex Availability Percentage Threshold, then notwithstanding anything to the contrary in any other service level agreement between Customer and Twilio, Twilio’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for such APIs being unavailable are the Flex Service Credits.

5. Updates.  Twilio may update this Flex SLA from time to time. The then-current version of this Flex SLA is available at https://www.twilio.com/en-us/legal/service-level-agreement/flex-critical-scenarios.