TrMsg Terms Of Service

These Terms of Service are effective on September 15, 2022, if you created your account or accepted or otherwise agreed to them on or after September 15, 2022.

These Terms of Service are effective on October 15, 2022, if you created your account or accepted or otherwise agreed to a previous version of these Terms of Service prior to September 15, 2022.  

Please read our online notice, which explains the changes to these Terms of Service and our other legal terms and conditions in more detail.

The most recent prior version of these Terms of Service is available here.

Table of Contents
1. Definitions
2. Services
3. Fees and Payment Terms
4. Ownership, Customer Data, and Confidentiality
5. Representations, Warranties, and Disclaimer
6. Mutual Indemnification
7. Limitation of Liability
8. Term, Termination, and Survival
9. General
10. Additional Terms
It is important that you review and understand these terms before using our services. If you do not agree to these terms, you should not agree to them, create an account, or use our services. Only the terms to the right are legally binding. 

Our services are generally intended for business or professional use only. 

If you have a separate agreement with us for the use of our services, these terms will not apply to you. However, these terms will apply if any services you use are not covered under that separate agreement. 

These terms are effective on the date you accept them. The Twilio entity that is entering into these terms depends on where your business entity is registered. Please see the table below for more information.

PLEASE REVIEW THESE TWILIO TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TWILIO TERMS OF SERVICE BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND TWILIO. ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD NOT ACCEPT THIS AGREEMENT, CREATE AN ACCOUNT, OR USE THE SERVICES (AS DEFINED IN SECTION 1 (DEFINITIONS) BELOW).

THE SERVICES ARE INTENDED FOR BUSINESS USE OR USE IN CONNECTION WITH AN INDIVIDUAL’S TRADE, CRAFT, OR PROFESSION ONLY.

If you have a separate written agreement with Twilio for your use of the Services, these Twilio Terms of Service will not apply to you, unless that written agreement does not cover a particular Service, in which case, these Twilio Terms of Service apply solely to your use of that particular Service.

These Twilio Terms of Service (“Agreement”) set forth the terms for your use of the Services and are effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between the applicable Twilio entity identified below (“Twilio”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you", "your", "yours", or "Customer”).  

If you are domiciled in:

Twilio entity entering into this Agreement:

Any country outside of the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, or Vatican City, other than Brazil and Japan

Twilio Inc., a Delaware corporation, with a place of business at 101 Spear Street, 1st Floor, San Francisco, California, 94105, United States of America

Any country within the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, or Vatican City

If you created your account prior to August 3, 2021: Twilio Inc., a Delaware corporation, with a place of business at 101 Spear Street, 1st Floor, San Francisco, California, 94105, United States of America

If you created your account on or after August 3, 2021: Twilio Ireland Limited, a company registered in the Republic of Ireland, whose registered address is 3 Dublin Landings, North Wall Quay, Dublin 1, Ireland

Brazil

Teravoz Telecom Telecomunicações Ltda., a Brazilian limited company, with a place of business at Rua Padre João Manoel, 808, 3rd Floor, Cerqueira César, City of São Paulo, State of São Paulo 01411-000, Brazil

Japan

Trmsg Japan G.K., a Japanese company with a place of business at Link Square Shinjuku 16F, 5-27-5 Sendagaya, Shibuya-ku, Tokyo 151-0051, Japan

These terms might change. We will let you know at least 30 days before we make any significant changes that impact you or your use of our services, unless we are unable to because of changes in laws, regulations, or carrier requirements. The updated version of these terms will be posted on this page.

If you keep using our services after these terms have changed and gone into effect, that means you have accepted those changes and they are legally binding on you. If you do not agree with the changed terms, you must stop using our services immediately.

Twilio may update the terms of this Agreement from time to time. Twilio will provide you with written notice of any material updates at least thirty (30) days prior to the date the updated version of this Agreement is effective, unless such material updates result from changes in laws, regulations, or requirements from telecommunications providers. The updated version of this Agreement will be available  Notices for material updates to the terms of this Agreement will be given in accordance with Section 9.5 (Notices). Following such notice, your continued use of the Services on or after the date the updated version of this Agreement is effective and binding, as indicated at the top of this Agreement, constitutes your acceptance of the updated version of this Agreement. The updated version of this Agreement supersedes all prior versions.  If you do not agree to the updated version of this Agreement, you must stop using the Services immediately.

If you reassign your account to a third-party reseller, you are still responsible for your obligations under these terms.

If you are the party that agreed to the terms of this Agreement and you reassign your account to a third-party reseller for administration purposes, such account reassignment will not excuse your obligations under this Agreement. Your use of the Services will continue to be subject to this Agreement.

Remember to let your imagination run wild with Trmsg!

Finally, you understand and acknowledge that by using the Services, you agree to have fun and let your imagination run wild. Twilio cannot wait to see what you build!

1. Definitions
These are definitions for certain words that we will use repeatedly throughout these terms. When you see these capitalized words used as you read through these terms, they have the meanings provided in this Section 1. 

There may be additional words that we define in the body of these terms. Make sure to look out for those - they will have quotes around them and each word will begin with a capital letter.

 “Affiliate” means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.

“Beta Offerings” means Services that are identified as alpha, beta, not generally available, limited release, developer preview, or any similar Services offered by Trmsg.

“Customer Application” means any software application or service that you make available to your End Users (as defined below) that interfaces with the Services.

“Customer Data” means data and other information made available by or for you, to Trmsg, through the use of the Services under this Agreement.

“Documentation” means Twilio’s documentation, including any usage guides and policies, for the Services, the current version of which is available.

“End User” means any user of each Customer Application.

“Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.

“Order Form” means an ordering document between you and Twilio, or any of their Affiliates, that specifies mutually agreed upon rates for certain Services and any commercial terms related thereto. 

“Services” means the products and services provided by Twilio or its Affiliates, as applicable, that (a) you use, including, without limitation, products and services that are on a trial basis or otherwise free of charge or (b) you order under an Order Form. Services include products and services that provide both (x) platform services, including access to any application programming interface (“Trmsg API”) and (y) where applicable, communications services used in connection with the TrMsg APIs.

“Service Usage Data” means any data that is derived from the use of the Services that does not directly or indirectly identify you, your End Users, or any natural person and includes (a) data such as volumes, frequencies, bounce rates, and Service performance data and (b) subject to any restrictions under applicable law or regulation, data that is anonymized, de-identified, and/or aggregated such that it could no longer directly or indirectly identify you, your End Users, or any natural person.

“Support Terms” means the terms of support for the Services, the current version of which is available 

“Twilio Acceptable Use Policy” means certain terms relating to the use of the Services, including the Service and Country Specific Requirements set forth therein, the current version of which is available 

“Twilio Data Protection Addendum” means the terms relating to the processing of personal data pursuant to this Agreement, the current version of which is available .

“Trmsg Privacy Notice” means the privacy notice for the Services, the current version of which is available at  website.

“Trmsg Security Overview” means the security related terms for the Services, the current version of which is available 

“Trmsg SLA” means the service level agreement for the Services, the current version of which is available 

Capitalized terms not defined in this Section 1 will have the meaning given to them in this Agreement.

2. Services
We will make our services available to you according to our published documentation on our website and our service level agreement. We will also protect your data and our services according to our security overview.

2.1 Provision of the Services.  Twilio will: (a) provide the Services to you pursuant to this Agreement, the applicable Documentation, and any applicable Order Form(s); (b) comply with the Twilio SLA; (c) comply with the security terms for the Services as set forth in the Twilio Security Overview; (d) provide the Services in accordance with laws applicable to Trmsg provision of the Services to its customers generally (i.e., without regard for your particular use of the Services), subject to your use of the Services in accordance with this Agreement, the applicable Documentation, and any applicable Order Form(s); (e) make commercially reasonable efforts to use industry standard measures designed to scan, detect, and delete Malicious Code; (f) if applicable, use trained, qualified personnel to provide the Services; and (g) use commercially reasonable efforts to provide you with applicable support for the Services as described in the Support Terms.

Here are some “dos” and “don’ts” you must follow when using our services: 

(a) You’re responsible for all use of our services under your account;

(b) You will not transfer, resell, or make available to third parties our services, except to your end users as part of the software applications you develop or services you offer;

(c) You will use our services according to these terms, our Acceptable Use Policy, including our service and country specific terms, and any laws or regulations;

(d) You are responsible for your end users, including all of their activities;

(e) You will prevent unauthorized access to or use of our services;

(f) You will cooperate during information requests we receive relating to your use of our services; and

(g) You will comply with your promises in Section 5 (Representations, Warranties, and Disclaimer) below.

2.2 Customer Responsibilities.  You will: (a) be solely responsible for all use of the Services and Documentation under your account and each Customer Application; (b) not transfer, resell, lease, license, or otherwise make available the Services to third parties (except to make the Services available to your End Users in connection with the use of each Customer Application as permitted herein) or offer them on a standalone basis; (c) use the Services only in accordance with this Agreement, the Twilio Acceptable Use Policy, the applicable Documentation, any applicable Order Form(s), and applicable law or regulation; (d) be solely responsible for all acts, omissions, and activities of your End Users, including their compliance with this Agreement, the Twilio Acceptable Use Policy, the applicable Documentation, any applicable Order Form(s), and applicable law or regulation; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify Twilio promptly of any such unauthorized access or use; (f) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; and (g) comply with your representations and warranties set forth in Section 5 (Representations, Warranties, and Disclaimer).

We can suspend your use of our services in the following situations:

(a) You or your end users violate these terms, including our Acceptable Use Policy and our service and country specific terms;

(b) You send fraudulent traffic using our services or your use of our services negatively impacts the operation of our services;

(c) Legal or regulatory conditions prohibit us from providing our services;

(d) Your use or your end users' use threatens the security or operability of our services; or

(e) The information about you in your account is not true, accurate, or complete.

2.3 Suspension of Services.  Twilio may suspend the Services immediately upon written notice to you for cause if Twilio, in good faith, determines: (a) that you or your End Users materially breach (or Twilio, in good faith, believes that you or your End Users have materially breached) any provision of this Agreement, including their obligations under the Twilio Acceptable Use Policy; (b) there is an unusual and material spike or increase in your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services; (c) that its provision of the Services is prohibited by applicable law or regulation; (d) there is any use of the Services by you or your End Users that threatens the security, integrity, or availability of the Services; or (e) that information in your account is untrue, inaccurate, or incomplete. You remain responsible for the Fees (as