Service Level Agreement

SERVICE LEVEL AGREEMENT

Last Updated: February 14, 2023

This Service Level Agreement (“SLA”) is issued under and forms part of the agreement that covers Customer's use of the Segment Services (as defined below) ("Agreement"). Any capitalized terms not defined in this SLA will have the meaning provided in the Agreement. “Segment Services” means any services and application programming interfaces branded as “Segment”, “Twilio Segment”, or "Twilio Engage".

1. Availability and Reliability. Subject to the concurrent throughput limits (including as may be caused by external factors) as described in the Documentation, Twilio will use commercially reasonable efforts to make the Data Ingestion API (as defined below) available and operational to Customer with a threshold of 99.99%, calculated on a monthly, per-minute basis (“Target Availability”). “Data Ingestion API” means the identify, track, page, screen, group, and alias http endpoints that ingest data that Customer submits to the Segment Services.

2. Exclusions. The Target Availability will not include any unavailability of the Data Ingestion API for the following reasons: (a) Customer’s use of the Segment Services in a manner not authorized in the Agreement or Documentation; (b) general Internet problems, force majeure events, or other factors outside of the reasonable control of Twilio (such as denial of service attacks or third-party service outages); (c) Customer’s (or one of its vendors’) equipment, software, network connections, utilities or other infrastructure; (d) third party systems, acts or omissions; or (e) Target Availability Scheduled Maintenance or reasonable emergency maintenance. This SLA will not apply to any Segment Services, or versions thereof, that are no longer available or supported.

3. Scheduled Maintenance. “Target Availability Scheduled Maintenance” means scheduled maintenance that may affect Target Availability. For all Target Availability Scheduled Maintenance, Twilio will use commercially reasonable efforts to notify Customer via email or text at least three (3) business days prior to starting such maintenance. Target Availability Scheduled Maintenance will not exceed five (5) hours per month in the aggregate and, to the extent practicable, will be scheduled during the weekend hours between 18:00 Friday and 3:00 Monday Pacific Time. In the event of any unavailability described above, Twilio will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Data Ingestion API in connection with outages, whether scheduled or not. 

4. Special Termination Right. In the event of a verified failure of the Data Ingestion API to meet the Target Availability in two (2) consecutive months or in any three (3) of six (6) consecutive months, Customer may terminate the Agreement upon written notice to Twilio and will receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Segment Services for the terminated portion of the term of the applicable Order Form (“Special Termination Right”). Customer must exercise the Special Termination Right within thirty (30) days of reasonably becoming aware of a Data Ingestion API failure or such right will be deemed waived. The Special Termination Right is Customer’s sole and exclusive remedy, and Twilio’s sole and exclusive liability, for any failure of the Data Ingestion API to achieve the Target Availability.

5. Updates. Twilio may update this SLA from time to time. The then-current version of this SLA is available at https://www.segment.com/legal/sla.