Twilio Segment Data Ingestion API Service Level…

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Twilio Segment Data Ingestion API Service Level Agreement

Last Updated:** February 27, 2024

**1. Definitions.**  The following defined terms apply to this service level agreement for the Data Ingestion API (as defined below) (“***Twilio Segment API SLA***”).

“***Data Ingestion API***” means the identify, track, page, screen, group, and alias http endpoints that ingest data that Customer submits to the Segment Services (as defined below).

“***Segment Documentation***” means Twilio’s standard technical documentation for the Segment Services, the current version of which is available at https://www.segment.com/docs.

“***Segment Services***” means any services and application programming interfaces branded as “Segment”, “Twilio Segment”, or “Twilio Engage”.

“***Target Availability***” means the Data Ingestion API being available and operational to Customer with a threshold of 99.99%, calculated on a calendar month, per-minute basis.

“***Target Availability Scheduled Maintenance***” means scheduled maintenance that may affect Target Availability.

**2. Availability and Reliability.**  Subject to the concurrent throughput limits (including as may be caused by external factors) as described in the Segment Documentation, Twilio will use commercially reasonable efforts to meet the Target Availability.

**3. Exclusions.**  The Target Availability excludes 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 Segment Documentation or the written agreement between Customer and Twilio governing Customer’s use of the Segment Services; (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 Twilio Segment API SLA will not apply to any Segment Services, or versions thereof, that are (i) no longer available or supported or (ii) identified as alpha, beta, not generally available, limited release, developer preview, or any similar Segment Services offered by Twilio.

**4. Scheduled Maintenance.**  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.

**5. Special Termination Right.**  In the event of a confirmed failure to meet the Target Availability in two (2) consecutive months or in any three (3) of six (6) consecutive months, Customer (a) may terminate, upon written notice to Twilio, the portion of the applicable order form for the Segment Services (“***Segment Order Form***”) impacted by such confirmed failure to meet the Target Availability and (b) will, within thirty (30) days of the termination effective date of the Segment Order Form, receive a refund, if applicable, of any pre-paid fees for use of the impacted Segment Services purchased under the Segment Order Form after such termination effective date (collectively, “***Special Termination Right***”). Customer must exercise the Special Termination Right within thirty (30) days of reasonably becoming aware of the Data Ingestion API failing to achieve the Target Availability 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.

**6. Updates. ** Twilio may update this Twilio Segment API SLA from time to time. The then-current version of this Twilio Segment API SLA is available at https://www.twilio.com/en-us/legal/service-level-agreement/segment-data-ingestion-api.