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
The updated terms restrict payment methods for high-volume customers: once monthly fees exceed $8,000 (or local currency equivalent), credit card payments are no longer accepted, and all future payments must be made via ACH transfer, wire transfer, or other acceptable bank transfer method. This applies to all fees going forward once the threshold is crossed in any single month. Additionally, Twilio removed its prior commitment that service functionality will not materially decrease; the revised language now states only that services 'may change over time' without specifying limits on how much functionality may be reduced. For customers in Mexico and Brazil, Twilio has established separate regional entities as the contracting party, which may affect dispute resolution and liability frameworks.
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
The Indemnified Party will tender control of the defense and settlement of any such third-party Claim to the Indemnifying Party at the Indemnifying Party's expense and with the Indemnifying Party's choice of counsel.
"Indemnifying Party will have the sole authority to defend or settle a ClaimExcerpt from Twilio's Terms of Service
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The clause states: “Indemnifying Party will have the sole authority to defend or settle a Claim”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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