If someone sues Twilio because of how you used its services or something you did that violated the terms, you are required to pay Twilio's legal costs and any resulting 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 provision transfers significant financial and legal risk to the customer, requiring the customer to cover Twilio's defense costs and liability for claims arising from the customer's use of the platform.
Interpretive note: The scope of 'in any way connected with' is broad and may be subject to judicial interpretation; some jurisdictions limit indemnification for indemnitee's own negligence.
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 dis…
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…
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, an…
Business customers and developers bear full indemnification responsibility for Twilio's legal costs and damages arising from their use of the platform, including claims related to customer content or terms violations, which creates potentially open-ended financial exposure.
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"You will indemnify, defend, and hold harmless Twilio and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your Customer Content, or (iii) your violation of these Terms.— Excerpt from Twilio's Twilio Terms of Service
(1) REGULATORY LANDSCAPE: Indemnification clauses of this type are standard in B2B software and API agreements and are generally enforceable under US contract law. However, the scope of indemnification, particularly the phrase 'in any way connected with,' may be subject to interpretation under applicable state law. Regulatory frameworks such as the TCPA create substantial per-violation liability, meaning that customer indemnification obligations could be material in high-volume messaging deployments. (2) GOVERNANCE EXPOSURE: High. The indemnification obligation is broad and includes coverage for Twilio's officers, directors, employees, and agents. The phrase 'in any way connected with' your use of the services is broad and could encompass claims arising from regulatory non-compliance, third-party content disputes, or end-user harms. (3) JURISDICTION FLAGS: Some jurisdictions limit the enforceability of overly broad indemnification clauses, particularly where the indemnitee's own negligence or misconduct contributed to the claim. California courts, for example, have scrutinized indemnification provisions that purport to cover indemnitee negligence. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should assess whether the indemnification obligation is appropriately scoped relative to the customer's actual control over use of the services. Enterprise customers may seek to negotiate caps, carve-outs for Twilio's own negligence or misconduct, or mutual indemnification. (5) COMPLIANCE CONSIDERATIONS: Organizations with significant Twilio deployments should ensure they have adequate insurance coverage for potential indemnification obligations, including technology errors and omissions and cyber liability policies. Legal teams should map the indemnification scope against their TCPA compliance posture and end-user consent documentation.
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This provision transfers significant financial and legal risk to the customer, requiring the customer to cover Twilio's defense costs and liability for claims arising from the customer's use of the platform.
Business customers and developers bear full indemnification responsibility for Twilio's legal costs and damages arising from their use of the platform, including claims related to customer content or terms violations, which creates potentially open-ended financial exposure.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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