The agreement requires the customer to defend and indemnify Twilio, its affiliates, and their personnel against any losses, liabilities, costs, and attorneys' fees arising from the customer's or End Users' use of services, breach of the agreement, claims by End Users regarding Customer Services, or the customer's gross negligence or willful misconduct.
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 provision places the financial and legal burden of third-party claims arising from customer or End User conduct directly on the customer, including claims that the customer's services or data transmissions violate law or third-party rights. The scope covers End User conduct that the customer may not have directly controlled.
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-domiciled users must first engage in good faith negotiations with Segment for up to 30 days, and if unresolved, disputes proceed to binding arbitration administered by the Centro de Arbitraje de México (CAM) in Mexico City before a sole arbitrator, with both parties splitting arbitration costs. Additionally, the agreement now explicitly carves out Mexico's Federal Consumer Protection Law (Ley Federal de Protección al Consumidor), stating it does not apply to this commercial agreement. Mexico users also face a new obligation to comply with anti-money laundering and anti-corruption requirements under applicable Mexican law.
View change record →Segment's updated terms now apply Japan-specific dispute resolution, verification, and tax requirements to customers domiciled or registered in Japan. The agreement now states that arbitration proceedings for Japanese customers will take place in Mexico City, Japan (implied Tokyo venue under the new Japan section), conducted in English. Japanese customers may be required to submit government-issued ID documents and complete verification processes as required under applicable Japanese law, including the Act on Prevention of Transfer of Criminal Proceeds and the Telecommunications Business Act. All fees are payable in Japanese Yen, and taxes will include Japanese consumption tax. Intellectual property rights now incorporate Japanese Copyright Act provisions. You can review the specific verification requirements by contacting Segment or reviewing the applicable service section.
View change record →Under this clause, customers are required to cover Twilio's legal costs, liabilities, and damages arising from claims connected to customer or End User platform use, including allegations of legal violations or third-party rights infringement related to data sent through the services.
How other platforms handle this
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
NVIDIA will have no obligation...to indemnify...with respect to any Indemnifiable Claim relating to...NVIDIA's compliance with specifications or instructions of any Customer Indemnitee...
"You will defend, indemnify, and hold harmless Twilio, its Affiliates, and their respective officers, directors, employees, and agents from and against any losses, liabilities, costs, expenses, and damages, including reasonable attorneys' fees, arising out of or relating to: (a) your or your End Users' use of the Services, including, without limitation, any allegations that the Customer Services or the use of the Services by you or your End Users (including any information or data you or your End Users send, receive, or use in connection with the Services) violates applicable law or infringes upon the rights of any third party; (b) breach of this Agreement by you or your End Users; (c) any claims by your End Users arising out of or relating to your Customer Services; or (d) your gross negligence or willful misconduct.Excerpt from Segment's Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in standard-form commercial agreements may be subject to scrutiny under unfair contract terms frameworks in EU jurisdictions, including Directive 93/13/EEC as applied to business contracts in certain member states, though …
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This provision places the financial and legal burden of third-party claims arising from customer or End User conduct directly on the customer, including claims that the customer's services or data transmissions violate law or third-party rights. The scope covers End User conduct that the customer may not have directly controlled.
Under this clause, customers are required to cover Twilio's legal costs, liabilities, and damages arising from claims connected to customer or End User platform use, including allegations of legal violations or third-party rights infringement related to data sent through the services.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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