For Authy’s Terms of Service for Businesses, go here.
For Authy’s Terms of Service for Individuals, see below.
Welcome to Authy! Authy, a Twilio service, offers a desktop and mobile app for two-step verification. The Authy apps generate one time passwords and push notifications on your desktop computer or mobile device that can be used as a part of a 2-step verification process with your Authy-compatible accounts to add another layer of security. Authy can be used as an alternative to programs such as Google Authenticator or as a provider of 2-factor authentication for applications or programs that directly integrate with Authy’s 2-factor authentication API.
Twilio provides the Authy apps subject to the terms and conditions in this Terms of Service (Terms).
IMPORTANT NOTICE: FOR U.S. AND CANADIAN USERS, DISPUTES ABOUT THESE TERMS OR RELATING TO THE AUTHY APP GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. See Section 16, below, for more information.
In these Terms, if you are a resident of the United States, the terms “we,” “us,” “our,” “Authy,” or “Twilio” will refer to Twilio Inc., 645 Harrison Street, Third Floor, San Francisco, CA 94107. If you are a resident anywhere else in the world, including the European Economic Area and Switzerland, the terms “we,” “us,” “our,” “Authy,” or “Twilio” will refer to Twilio Ireland Limited, 25-28 North Wall Quay, Dublin 1, Ireland. The term “affiliate” will refer to any person or entity that controls us, is controlled by us, or is under common control with us, such as our subsidiary, parent company, or our employees.
And, the terms “you,” “your” and “Customer” will refer to you.
IMPORTANT NOTE: TWILIO DOESN’T PROVIDE WARRANTIES FOR THE AUTHY APPS, AND THESE TERMS LIMIT OUR LIABILITY TO YOU. For more details, go to Sections 9 and 11.
IN ADDITION, FOR U.S. AND CANADIAN USERS ONLY, DISPUTES ABOUT THESE TERMS OR RELATING TO YOUR AUTHY ACCOUNT OR TWILIO’S AUTHY APPS GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 16.
If you have any questions, you can reach the Twilio team at twilio.com/help/contact.
Table of Contents
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided by a notice in the Authy app and/or by an email to the email address we have on file. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Twilio’s website or account portal. Your continued access or use of the Authy apps constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using the Authy apps and we are not obligated to provide you with the Authy apps or related services.
To use the Authy apps, you will be asked to provide us with a phone number to create your Authy account. We will send a verification code to that phone number to ensure that the person creating the Authy account also has control over the phone number entered. After the phone number is verified, the phone number you use will serve as an identifier for your Authy account that allows you to add and associate additional devices to your same Authy account. The device on which you first created your Authy account is considered your “primary device.” You may also enter your email address. When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must also keep that information true, accurate, current and complete after you create your account.
You agree to take all reasonable precautions to prevent unauthorized access to or use of your Authy account and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your account.
Twilio grants you a non-exclusive, non-transferable and revocable license to use the Authy apps, solely in strict compliance with these Terms and Twilio’s Acceptable Use Policy (AUP), which may be updated from time to time, and applicable law. The Authy apps constitute a Twilio Service as that term is used in the AUP.
We are not obligated to provide updates, modifications, or new releases of the Authy apps, though we may do so voluntarily from time to time, which does not constitute a waiver of this provision.
We reserve the right to stop offering and/or supporting the Authy apps or a particular feature or aspect of the Authy apps at any time either permanently or temporarily, at which point your license to use the Authy apps or any part of it will be automatically terminated or suspended. If that happens, we are not required to provide any benefits or other compensation to you in connection with discontinued elements of the Authy apps.
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE AUTHY APPS OR ANY PORTION OF THEM AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR OTHER RESULTS OF SUCH ACTION.
You further acknowledge and agree that we may access or disclose your data if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
We are excited for you to use our Authy apps. But, you should know there are some restrictions on who can use them and what you can do with them.
(a) You agree not to transfer, resell, lease, license or otherwise make available the Authy apps to third parties.
(b) You will ensure that you use the Authy apps in accordance with all applicable law and third party rights, as well as these Terms and the Twilio AUP, as amended from time to time.
(e) Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Authy apps.
The Authy apps may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving the Authy Apps, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Authy Apps and any related services we provide, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to download, export, or reexport the Authy apps or to use other aspects of our related services. These laws include restrictions on destinations, end users, and end use. You represent that you are not on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List) or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of the Authy apps if you become placed on any such list or under the control of or act as an agent for any entity placed on such a list.
The Authy apps are available for download and use for free. And, we will not charge you any fees associated with your use of the Authy apps without your permission. Your telecommunications carrier or service provider may charge you fees for data usage, messaging, phone calls, or other services required for you to make use of the Authy apps.
8.1 General. We exclusively own and reserve all right, title and interest in and to the Authy apps.
8.2 Suggestions and Contributions. We welcome your feedback on the Authy apps. But please know that by submitting suggestions or other feedback about our Apps ("Contributions") you agree that:
(1) we are not under any obligation of confidentiality with respect to your Contributions;
(2) we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
(3) you irrevocably, non-exclusively license to us rights to exploit your Contributions; and
(4) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
9.1 NO WARRANTY. THE AUTHY APPS ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TWILIO AND ITS AFFILIATES MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE AUTHY APPS. WE AND OUR AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW. If your state or country does not allow these disclaimers, they do not apply to you.
If you use or misuse the the Authy App, or if you violate these Terms or our AUP and that results in a loss, damage, a claim or liability against us or our affiliates, you agree to indemnify, defend and hold Twilio and Twilio’s affiliates harmless (which means you agree to compensate us on a "dollar for dollar" basis) for that loss, damage, claim or liability, including compensating us for our legal fees or expenses. If Twilio or its affiliates want to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in Twilio’s and/or Twilio’s affiliates’ defense of these cases. Twilio and/or its affiliates will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Authy apps or your account is deleted.
UNDER NO CIRCUMSTANCES WILL TWILIO OR ITS AFFILIATES BE LIABLE TO YOU:
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE AUTHY APPS OR ANY PORTION OF THE APPS, EVEN IF WE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE AUTHY APPS, OPERATORS OF THIRD PARTY SITES OR APPLICATIONS THAT HAVE INTEGRATED THE AUTHY 2-FACTOR AUTHENTICATION API, OR OPERATORS OF THIRD PARTY SITES OR APPLICATIONS WITH WHICH THE AUTHY APPS CAN BE USED TO PROVIDE YOU WITH 2-FACTOR AUTHENTICATION.
THE RISK OF USING THE AUTH APPS AND EXTERNAL SITES OR PROGRAMS RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE AUTHY APPS AND EXTERNAL SITES OR PROGRAMS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE AUTHY APPS, OR RELATED TO USE OF, OR INABILITY TO USE, THE AUTHY APPS, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TWILIO AND/OR TWILIO’S AFFILIATES IS TO STOP USING THE AUTHY APPS.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
Even if you stop using the Authy Apps and/or your account is terminated or deleted, the terms of this Section 12, and the terms of the following Sections will survive (i.e. still apply): Section 4 (Our Use and Storage of Your Data), Section 5 (Restrictions), Section 8 (Ownership), Section 9 (Warranties and Disclaimer), Section 10 (Indemnification), Section 11 (Exclusion of Damages; Limitation of Liability), Section 13 (Compliance with Laws); Section 14 (General), Section 15 (Governing Law and Venue) and Section 16 (Agreement to Arbitrate).
Both you and Twilio will comply with the applicable law relating to each of our respective activities under these Terms.
14.1 Compliance with Laws. Both you and Twilio will comply with the applicable law relating to each of our respective activities under these Terms.
14.2 No Waiver. Twilio’s failure to enforce at any time any provision of these Terms or our Acceptable Use Policy does not waive our right to do so later. And, if we do expressly waive any provision of these Terms or our Acceptable Use Policy, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by us to be legally binding.
14.3 Assignment. You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt to assign, delegate, or transfer these Terms will be null and void. Subject to this Section, these Terms will be binding on both you and Twilio and each of our successors and assigns.
14.4 Unenforceability. Except as described in Section 16 (Agreement to Arbitrate), if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event, the rest of these Terms will continue in full force and effect.
14.5 Notices. Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to Twilio shall be copied to [email protected], Attn: General Counsel.
14.6 Entire Agreement. Except as provided in these Terms and any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by Twilio, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms.
14.7 Force Majeure. No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood; terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
14.8 Governing Law and Venue. The enforceability and interpretation of Section 16 (Agreement to Arbitrate) will be determined the Federal Arbitration Act (including its procedural provisions). Apart from Section 16, these Terms will be governed by and interpreted according to the laws of the State of California without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. Except as provided in Section 16 (Agreement to Arbitrate), any legal suit, action or proceeding arising out of or related to these Terms or the Authy App shall be instituted in either the state or federal courts of San Francisco, California, and we each consent to the personal jurisdiction of these courts.
The enforceability and interpretation of Section 16 (Agreement to Arbitrate) will be determined the Federal Arbitration Act (including its procedural provisions). Apart from Section 16, these Terms will be governed by and interpreted according to the laws of the State of California without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. Except as provided in Section 16 (Agreement to Arbitrate), any legal suit, action or proceeding arising out of or related to these Terms or the Authy App shall be instituted in either the state or federal courts of San Francisco, California, and we each consent to the personal jurisdiction of these courts.
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
The rest of Section 16 (Agreement to Arbitrate) applies to users of the Authy Apps in the U.S. and Canada only.
16.1 We Both Agree to Arbitrate. If we can’t resolve our dispute through our customer support, you on one hand Twilio and any of Twilio’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Policies, or in relation to the Authy Apps by binding arbitration in San Francisco, California, or in another location that we have both agreed to.
This applies to all claims under any legal theory, unless the claim fits in one the exceptions below in Subsection 16.2 (Exceptions to Agreement to Arbitrate). It also applies even after you have stopped using your Authy account or it has been deleted. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Under this Section 16 (Agreement to Arbitrate), you understand that you and Twilio and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or to the Authy Apps.
16.2 Exceptions to Agreement to Arbitrate. You on one hand, and Twilio and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:
(1) Your, Twilio’s or Twilio’s affiliates intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents);
(2) Your violation of Twilio’s AUP.
For more information about which court we can go to for resolving these types of disputes, see Section 15.8 (Governing Law and Venue).
Also, any of us can bring a claim in small claims court either in San Francisco, California, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.
In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
16.3 No Class Actions.
We all agree that we can only bring a claim against each other on an individual basis.
16.4 Details of Arbitration Procedure. The American Arbitration Association (AAA) will run the arbitration between you and Twilio and/or Twilio’s affiliate(s), and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.
You get to choose whether the arbitration will take place in the county or province where you live or in San Francisco, California. We could also hold the arbitration in some other place, but we both have to agree to that.
The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.
Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.
16.5 Changes to Section 16 on Agreement to Arbitrate and Class Action Waiver. We will give you 60-days’ notice by email or in the Authy apps if we make a material change to Section 16 (Agreement to Arbitrate).