97 Total
40 High severity
52 Medium severity
5 Low severity

Key Facts

To what amount does Fastly limit each party's aggregate liability arising out of or related to the Agreement?
Fastly limits each party's aggregate liability arising out of or related to the Agreement to the amount the Subscriber paid in the 12 months preceding the first incident out of which the liability arose.
What liability does Fastly exclude?
Fastly excludes any party's liability to another party for lost profits, lost opportunities, indirect, special, incidental, consequential, cover, business interruption, or punitive damages.
Does Fastly exclude any party's liability for lost profits and lost opportunities?
Fastly excludes any party's liability to another party for lost profits, lost opportunities, indirect, special, incidental, consequential, cover, business interruption, or punitive damages.
Against what will Fastly indemnify and defend the Subscriber?
Fastly will indemnify and defend the Subscriber against third-party claims alleging that the Services, or the Subscriber's use of the Services in accordance with the Agreement, infringe or misappropriate a third party's intellectual property rights.
What will Fastly indemnify and defend the Subscriber against?
Fastly will indemnify and defend the Subscriber against third-party claims alleging that the Services, or the Subscriber's use of the Services in accordance with the Agreement, infringe or misappropriate a third party's intellectual property rights.
When may Fastly suspend the Subscriber's access to the Services?
Fastly may suspend the Subscriber's access to the Services if the Subscriber fails to comply with a Service Notice within the time period set forth in that Service Notice.
What may Fastly do if the Subscriber fails to comply with a Service Notice within the time period set forth in that Service Notice?
Fastly may suspend the Subscriber's access to the Services if the Subscriber fails to comply with a Service Notice within the time period set forth in that Service Notice.
What does Fastly make non-refundable?
Fastly makes fees paid for minimum commitments and actual usage non-refundable.
On what basis does Fastly provide Free Accounts?
Fastly provides Free Accounts on an 'as is' and 'as available' basis without any warranty of any kind.
What does Fastly disclaim regarding a Free Account?
Fastly disclaims all obligation and liability under the Agreement, including liability provided for under Section 13, for any harm or damage arising out of or in connection with a Free Account.
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Summary

This document sets the rules for using Fastly's services: Fastly agrees not to sell or share your data and will only use it as the Agreement permits. If something goes wrong, neither side can sue the other for lost profits or large indirect damages, and the most either side can recover is capped at what you paid Fastly in the prior 12 months. Fees are generally non-refundable, but if you have a valid reason to end the contract early, you can get back prepaid fees for the unused period.

Analysis

The Fastly Terms of Service establishes a bilateral framework of rights, obligations, and limitations governing a Subscriber's use of Fastly's Services. Fastly confines its processing, transmission, and storage of Subscriber Data strictly to the Agreement and Documentation, and contractually prohibits itself from selling or disclosing any Subscriber Data, with personal data processing governed by a separate Data Processing Terms document. Each party's aggregate liability is capped at fees paid by the Subscriber in the 12 months preceding the first incident, with all indirect, consequential, punitive, and lost-profits damages mutually excluded; Free Account users fall entirely outside this liability framework, receiving no warranties and no contractual liability protections. Indemnification runs in both directions: Fastly indemnifies the Subscriber against third-party IP claims arising from the Services or compliant use thereof, while the Subscriber indemnifies Fastly against third-party claims arising from Subscriber Data or use of the Services in breach of the Agreement. Fastly may suspend access for failure to comply with a Service Notice within its specified timeframe, and fees paid for minimum commitments and actual usage are non-refundable except that prepaid fees covering remaining Service Order terms are refundable upon Subscriber termination for cause.

What this means for you

As a Subscriber, your data is protected by a contractual commitment that Fastly will not sell or disclose it, and Fastly's use of it is limited to what the Agreement and Documentation permit. However, your ability to recover damages is significantly constrained: you cannot recover lost profits or indirect damages, and your total recovery is capped at fees you paid in the prior 12 months. If you use a Free Account, none of Fastly's liability or warranty protections apply to you at all. If Fastly issues a Service Notice, you must act within the timeframe it specifies or risk suspension of your access. If you terminate the Agreement for cause, you can obtain a refund of prepaid fees covering the remaining term of your Service Orders.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

Featured, High severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

97 provisions
12 featured
19 clause types
40 high severity
Account Control 1 1 high
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Mapped Governance Frameworks

CFAA
United States Federal
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DSA
European Union
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FTC Act Section 5
United States Federal
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Archival ProvenanceSource & Archival Record
Last Captured May 5, 2026 06:36 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000675
Version ID CA-V-001313
SHA-256 6f0b65e38f072903674c490c78003df26dbde23c766a3dd6645bece88569cfb0
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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