If anyone sues Twilio because of something you did on their platform — including sending an illegal text message — you must pay Twilio's legal costs and any damages.
This analysis describes what Twilio'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 indemnification obligation establishes a cost-allocation mechanism whereby customers assume financial responsibility for defending Twilio against specified categories of third-party claims and associated legal expenses. The provision extends to claims arising from customer conduct, customer-generated content, regulatory violations, and communications transmitted using the platform.
The updated terms establish a different dispute resolution process for customers domiciled or registered in Mexico. Previously, Mexico was subject to the standard arbitration venue clause routing disputes to San Francisco, California. Under the revised agreement, Mexican customers must first engage in good faith negotiations with Twilio's senior representatives for 30 days; if unresolved, disputes proceed to binding arbitration under Centro de Arbitraje de México (CAM) rules, conducted in English in Mexico City before a sole arbitrator. The agreement also explicitly states that Mexican consumer protection law (Ley Federal de Protección al Consumidor) does not apply to the commercial relationship between the parties. Mexico-domiciled customers should review the updated dispute resolution procedures and understand that consumer protection law carve-out before continuing use.
View change record →The updated terms establish two new regional service entities: CISA Telecomunicaciones for Mexico and Teravoz Telecom for Brazil, meaning customers in those jurisdictions will contract with the local entity rather than Twilio Inc. The agreement now permits orders to be placed through Twilio's online self-service purchasing workflow in addition to traditional written order forms, streamlining how purchase terms can be documented. The updated language also removes the prior commitment that Twilio will not materially decrease overall service functionality, replacing it with a general statement that services may change over time without specific protections on functionality levels.
View change record →The updated terms now route Twilio service agreements for Mexico and Brazil customers to new regional entities rather than Twilio Inc., which may affect service delivery, dispute resolution venue, and applicable local law. The definition of Order Form was expanded to explicitly include self-service online purchases, clarifying that terms negotiated through Twilio's account interface carry the same contractual weight as traditional executed agreements. The terms also removed language stating that Twilio would not materially decrease overall service functionality, replacing it with a simpler statement that services may change over time, which narrows the operational commitment Twilio makes regarding service stability. You can review the separate agreements that now govern your use based on your regional location.
View change record →This clause means that if your messaging campaigns generate a TCPA lawsuit naming Twilio, you are contractually obligated to defend and pay for Twilio's legal defense — a significant and often underappreciated financial risk for high-volume messaging customers.
How other platforms handle this
You agree to indemnify, defend, and hold harmless Roblox and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or re...
You agree to indemnify, defend, and hold harmless OpenAI and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Servi...
To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb's option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their respective officers, directors, employees, and agents) harmless from and against any claims, liabilities, damages, ...
Monitoring
Twilio has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"You agree to defend, indemnify, and hold harmless Twilio and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any third-party claims relating to communications you send using the Services.— Excerpt from Twilio's Twilio Terms of Service
(1) REGULATORY FRAMEWORK: Indemnification obligations in commercial contracts are governed by state contract law, typically California law under this agreement. TCPA (47 U.S.C. §227) creates strict liability for violating parties, and the indemnification clause effectively passes that liability upstream from end-users to Twilio's direct customers. FTC Act Section 5 may be implicated where indemnification structures enable or facilitate deceptive communications practices. (2)
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.
Professional Governance Intelligence
Need to monitor specific governance provisions?
Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This indemnification obligation establishes a cost-allocation mechanism whereby customers assume financial responsibility for defending Twilio against specified categories of third-party claims and associated legal expenses. The provision extends to claims arising from customer conduct, customer-generated content, regulatory violations, and communications transmitted using the platform.
This clause means that if your messaging campaigns generate a TCPA lawsuit naming Twilio, you are contractually obligated to defend and pay for Twilio's legal defense — a significant and often underappreciated financial risk for high-volume messaging customers.
ConductAtlas has identified this type of provision across 9 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Twilio.