The agreement disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except for the express warranty in Section 5.4 that services perform materially in accordance with applicable documentation.
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 limits Twilio's warranty obligations to the express documentation-conformance warranty in Section 5.4, under which the customer's exclusive remedy is either remediation or a refund of fees paid during the non-conforming period, at Twilio's option. The disclaimer applies to both parties and limits the warranty exposure each party bears under the agreement.
Interpretive note: The full limitation of liability cap amount is not reproduced in the available document excerpt; the disclaimer language is present but the aggregate liability cap and exclusions of consequential damages language may appear in the truncated portion of Section 7.
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 accept services without any warranty beyond the express warranty that services perform materially in accordance with documentation, and the available remedy for breach of that warranty is limited to remediation or fee refund at Twilio's discretion.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"WITHOUT LIMITING A PARTY'S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS," AND NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENTExcerpt from Segment's Terms of Service
REGULATORY LANDSCAPE: Warranty disclaimers in business-to-business software agreements are broadly enforceable in US jurisdictions under the Uniform Commercial Code and common law, though specific limitations may apply in certain states.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision limits Twilio's warranty obligations to the express documentation-conformance warranty in Section 5.4, under which the customer's exclusive remedy is either remediation or a refund of fees paid during the non-conforming period, at Twilio's option. The disclaimer applies to both parties and limits the warranty exposure each party bears under the agreement.
Under this clause, customers accept services without any warranty beyond the express warranty that services perform materially in accordance with documentation, and the available remedy for breach of that warranty is limited to remediation or fee refund at Twilio's discretion.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Segment.