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 shall not, without the relevant applicable Indemnified Parties' prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability...
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 not settle any Claim for which it has an obligation to indemnify under this Section 6 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party's prior written consent...Excerpt from Twilio's Terms of Service
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The clause states: “Indemnifying Party will not settle any Claim for which it has an obligation to indemnify under this Section 6 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party's prior written consent...”
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