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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“A PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER HEREUNDER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.”
“IN NO EVENT WILL A PARTY HAVE ANY LIABILITY TO ANY OTHER PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITIES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES...”
“Fastly will indemnify and defend Subscriber against any and all third party claims... arising out of or in connection with, or alleging the Services or use of the Services by Subscriber in accordance with the Agreement infringe or misappropriate the third party's intellectual property rights...”
“If Subscriber fails to comply with a Service Notice within the time period set forth in the Service Notice, Fastly may suspend Subscriber's access to the Services until the requested action is taken.”
“Minimum commitments in Service Orders are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments and actual usage are not refundable.”
“ALL FREE ACCOUNTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FREE ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON).”
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.
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.
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.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
“A PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER HEREUNDER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.”
“IN NO EVENT WILL A PARTY HAVE ANY LIABILITY TO ANY OTHER PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITIES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES...”
“Fastly will indemnify and defend Subscriber against any and all third party claims... arising out of or in connection with, or alleging the Services or use of the Services by Subscriber in accordance with the Agreement infringe or misappropriate the …”
“If Subscriber fails to comply with a Service Notice within the time period set forth in the Service Notice, Fastly may suspend Subscriber's access to the Services until the requested action is taken.”
“Fastly shall not sell nor disclose any Subscriber Data.”
“Minimum commitments in Service Orders are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments and actual usage are not refundable.”
“ALL FREE ACCOUNTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FREE ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON).”
“FASTLY DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION 13 (LIMITATION OF LIABILITY)) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE ACCOUNT...”
“Fastly will process, transmit and store personal data present in Subscriber Data in accordance with the Data Processing Terms available at https://www.fastly.com/data-processing .”
“If Subscriber terminates the Agreement in accordance with Section 5.2 (Termination for Cause), Fastly will refund any prepaid fees covering the remainder of the term of all Service Orders after the effective date of termination.”
“Fastly will process, transmit, and store the data and information provided to the Services by or on behalf of Subscriber... only according to the Agreement and the Documentation.”
“Subscriber will indemnify and defend Fastly against any and all third party claims... arising out of or in connection with (i) Subscriber Data, or (ii) Subscriber's use of the Services in breach of the Agreement...”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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