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The agreement requires customers to indemnify, defend, and hold harmless Twilio and its affiliates against all third-party claims, liabilities, damages, and costs, including attorneys' fees, arising from customer or End User use of the services, agreement breaches, Customer Services, or Customer Data.
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 imposes a broad indemnification obligation on customers covering third-party claims arising from End User activity and Customer Data, which creates material legal exposure for businesses deploying Twilio services at scale for third-party communications. The indemnification scope includes attorneys' fees and all associated costs.
Interpretive note: The scope of the indemnification obligation for End User activities may be subject to limitation under applicable law in EU, UK, and certain U.S. state jurisdictions depending on the nature of the claim and whether indemnification for a party's own conduct is enforceable.
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 →Under this clause, customers are required to indemnify and defend Twilio against third-party claims arising from their use of the services, their End Users' activities, their Customer Services, and their Customer Data, including all associated costs and attorneys' fees.
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"You will indemnify, defend, and hold harmless Twilio and its Affiliates, and its and their respective officers, directors, employees, and agents from and against any and all third-party claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your or your End Users' use of the Services; (b) your or your End Users' breach of this Agreement or violation of applicable law; (c) the Customer Services; or (d) Customer Data.Excerpt from Twilio's Terms of Service
(1) REGULATORY LANDSCAPE: Indemnification clauses in B2B SaaS and communications platform agreements are standard commercial practice, though the scope of indemnification asserted here is broad relative to some industry agreements. The clause does not include a corresponding indemnification from Twilio for intellectual property infringement claims arising from the services themselves, which may be addressed elsewhere in the agreement. GDPR and applicable data protection law may interact with the Customer Data indemnification where personal data is involved. (2) GOVERNANCE EXPOSURE: High. The indemnification obligation for End User activities creates exposure proportional to the volume and nature of End User conduct on the platform. For customers using Twilio to power customer-facing communications at scale, the scope of potential third-party claims is significant. (3) JURISDICTION FLAGS: The enforceability of broad indemnification clauses may be limited under applicable law in certain EU member states and the UK, where indemnification provisions in standard commercial terms face scrutiny under unfair contract terms legislation. California and other U.S. states may impose limits on indemnification for a party's own negligence or willful misconduct. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should confirm whether customer-side indemnification obligations under this agreement are consistent with the customer's own upstream terms with its end users. Where the customer's products are consumer-facing, the End User indemnification exposure may be difficult to cap or limit contractually. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether existing insurance coverage, including commercial general liability and errors and omissions policies, adequately addresses the indemnification exposure created by this clause. Enterprise customers should negotiate mutual indemnification provisions or caps on indemnification liability as part of any Order Form negotiation.
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This provision imposes a broad indemnification obligation on customers covering third-party claims arising from End User activity and Customer Data, which creates material legal exposure for businesses deploying Twilio services at scale for third-party communications. The indemnification scope includes attorneys' fees and all associated costs.
Under this clause, customers are required to indemnify and defend Twilio against third-party claims arising from their use of the services, their End Users' activities, their Customer Services, and their Customer Data, including all associated costs and attorneys' fees.
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