You agree to pay Twilio's legal costs and any damages if a third party sues Twilio because of something you did with the platform, the data you submitted, or a product you built using Twilio.
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
The terms require customers to bear Twilio's defense costs and any resulting liability for third-party claims connected to customer data, customer products, or alleged intellectual property infringement arising from customer use, creating potentially open-ended financial exposure for business customers.
Interpretive note: The scope of clause (c) covering customer products 'in connection with or related to the Services' is potentially broad, and its application in specific fact patterns may depend on judicial interpretation.
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…
Business customers accept financial responsibility for defending and compensating Twilio against third-party claims arising from how customers use the platform or what data they submit, including claims from end users of customer-built products.
How other platforms handle this
If you use our Products for any commercial or business purposes or if you use the Products in a manner that is not permitted by these Terms or our policies, and we face any claims, lawsuits, damages, losses, or expenses arising out of your use, you agree to indemnify and hold us harmless from and ag...
If you're a business user, you will defend and indemnify Google and its affiliates, officers, agents, and employees from all liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or relating to: any allegation or claim that your content or your use of the services ...
You agree to defend, indemnify, and hold harmless Ancestry and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your v...
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"Customer will defend, indemnify, and hold harmless Twilio and its officers, directors, employees, agents, successors, and assigns from and against any losses arising out of or relating to any third-party claim, suit, action, or proceeding arising from or relating to (a) Customer Data; (b) Customer's or any Authorized User's use of the Services in breach of this Agreement; (c) any products or services offered by Customer in connection with or related to the Services; or (d) any allegation that Customer's use of the Services infringes a third party's intellectual property rights.— Excerpt from Segment's Segment Terms of Service
(1) REGULATORY LANDSCAPE: Broad indemnification clauses are governed by contract law and may interact with insurance requirements, professional liability standards, and in some jurisdictions, statutory limits on indemnification scope. The FTC may scrutinize indemnification terms that effectively insulate a platform from responsibility for foreseeable harms. (2) GOVERNANCE EXPOSURE: High. The indemnification scope covers not only direct breaches but also third-party claims arising from customer products built on Twilio, which may expose customers to liability well beyond the core service relationship. The breadth of clause (c) covering 'any products or services offered by Customer in connection with or related to the Services' is particularly broad. (3) JURISDICTION FLAGS: EU courts may scrutinize the enforceability of broad indemnification obligations in standard-form contracts, particularly against smaller businesses or consumers. Some US states impose requirements on the enforceability of indemnification clauses in commercial contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should assess whether existing insurance coverage (general liability, technology E&O, cyber) adequately covers the indemnification exposure created by this clause. Enterprise negotiations may seek to limit indemnification to gross negligence or willful misconduct by the customer. (5) COMPLIANCE CONSIDERATIONS: Legal teams should map the indemnification obligations against the organization's risk profile and ensure that downstream agreements with end customers appropriately allocate liability. The inclusion of intellectual property infringement claims in the indemnification scope warrants review by IP counsel.
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The terms require customers to bear Twilio's defense costs and any resulting liability for third-party claims connected to customer data, customer products, or alleged intellectual property infringement arising from customer use, creating potentially open-ended financial exposure for business customers.
Business customers accept financial responsibility for defending and compensating Twilio against third-party claims arising from how customers use the platform or what data they submit, including claims from end users of customer-built products.
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