No matter how serious Twilio's error or failure, they will only pay back up to what you paid them in the last 12 months — and they will never pay for lost profits, lost data, or consequential damages.
This clause means Twilio's financial exposure to its customers is capped at their prior 12 months of fees — meaning a major platform failure causing millions in regulatory fines or customer harm could leave businesses with inadequate compensation from Twilio.
Cross-platform context
See how other platforms handle Liability Limitation — 12-Month Fee Cap and similar clauses.
Compare across platforms →For businesses sending high-volume messaging campaigns, a platform failure or service outage could cause TCPA violations affecting millions of recipients, with statutory damages of $500–$1,500 per message — far exceeding any 12-month fee paid to Twilio.
(1) REGULATORY FRAMEWORK: Limitation of liability clauses in commercial contracts are assessed under the Uniform Commercial Code (UCC) §2-719 for goods and general common law for services. California courts assess these clauses under Cal. Civ. Code §1668 (which voids clauses exempting willful injury or gross negligence). GDPR Art. 82 preserves data subjects' rights to full compensation for damages regardless of contractual liability caps between controllers and processors. (2)
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