If a third party sues Twilio because of something your business did while using Twilio's platform — including TCPA violations or content issues — you must pay Twilio's legal costs and any damages.
This analysis describes what Segment's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause means that if your SMS campaign violates the TCPA and recipients sue Twilio, your business is on the hook for Twilio's legal defense and any settlement or judgment, potentially creating enormous financial exposure.
The updated terms establish a binding arbitration requirement for users domiciled or registered in Mexico, replacing prior dispute resolution procedures. Under the revised Section 10.5, Mexico-domici…
Businesses using Twilio for customer communications face full indemnification liability for third-party claims — including regulatory fines and class action settlements — that arise from their use of the platform, creating significant uncapped financial risk.
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"You will indemnify, defend, and hold harmless Twilio, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Twilio by a third party in connection with: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of applicable laws or regulations; or (e) your negligence or willful misconduct.— Excerpt from Segment's Segment Terms of Service
REGULATORY FRAMEWORK: Indemnification clauses are enforceable under general contract law principles. TCPA (47 U.S.C. § 227) creates private rights of action with statutory damages of $500-$1,500 per violation, which can aggregate to massive class action exposure. FTC Act Section 5 and state UDAP statutes may also generate indemnifiable claims.
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This clause means that if your SMS campaign violates the TCPA and recipients sue Twilio, your business is on the hook for Twilio's legal defense and any settlement or judgment, potentially creating enormous financial exposure.
Businesses using Twilio for customer communications face full indemnification liability for third-party claims — including regulatory fines and class action settlements — that arise from their use of the platform, creating significant uncapped financial risk.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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