Provision record
Twilio · Twilio Terms of Service · View original document ↗

Customer Indemnification Obligation

High severity Common · 229 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium May 9, 2026

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 →
Medium Apr 19, 2026

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 →
Medium Apr 10, 2026

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 →

Clause Stability Stable

0
Changes
5
Months Monitored
Apr 3, 2026
First Seen
Apr 27, 2026
Last Seen
This clause type exists across 936 other provisions on other platforms.

Change history

modified Jul 17, 2026

Expanded scope to include Twilio Affiliates; limited to third-party claims; explicitly includes End Users' conduct; broadened triggering events from three specific categories to general breach/violation of applicable law; changed 'accounting fees' to comprehensive 'costs and expenses'.

View full change record →

Consumer impact (what this means for users)

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

Synthesia Medium

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.

Segment Medium

Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.

NVIDIA NIM Medium

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...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY FRAMEWORK: Indemnification obligations in commercial contracts are governed by state contract law, typically California law under this agreement.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Twilio Terms of Service
Entity
Twilio
Document last updated
May 5, 2026
Tracking information
First tracked
April 27, 2026
Last verified
April 27, 2026
Record ID
CA-P-001317
Document ID
CA-D-00251
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
dd88fb1d746956ef5d8534a318f62f673d24ac97e4d73bfca637a8e75c574245
Analysis generated
April 27, 2026 14:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Twilio
Document: Twilio Terms of Service
Record ID: CA-P-001317
Captured: 2026-04-27 14:51:24 UTC
SHA-256: dd88fb1d746956ef…
URL: https://conductatlas.com/platform/twilio/twilio-terms-of-service/provision/CA-P-001317/customer-indemnification-obligation/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Twilio's Customer Indemnification Obligation clause do?

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.

How does this clause affect you?

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 many platforms have this type of clause?

ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.

Is ConductAtlas affiliated with Twilio?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Twilio.