The agreement excludes all liability for lost profits, lost opportunities, indirect, special, incidental, consequential, business interruption, cover, and punitive damages for both parties, subject to applicable law.
This analysis describes what Fastly's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that neither party may recover consequential or business interruption damages under the agreement, which is operationally significant for subscribers whose downstream revenue or service continuity depends on Fastly infrastructure availability. The carve-out for applicable law acknowledges that this exclusion may not be fully enforceable in all jurisdictions.
Under this clause, subscribers cannot recover lost profits, business interruption losses, or consequential damages from Fastly under the agreement, even in the event of service outages or performance failures. The provision acknowledges it does not apply to the extent prohibited by law, which may limit its enforceability in certain jurisdictions.
Cross-platform context
See how other platforms handle Exclusion of Consequential and Related Damages and similar clauses.
Compare across platforms →"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, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.Excerpt from Fastly's Terms of Service
(1) REGULATORY LANDSCAPE: Consequential damages exclusions are standard in commercial technology agreements.
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This provision establishes that neither party may recover consequential or business interruption damages under the agreement, which is operationally significant for subscribers whose downstream revenue or service continuity depends on Fastly infrastructure availability. The carve-out for applicable law acknowledges that this exclusion may not be fully enforceable in all jurisdictions.
Under this clause, subscribers cannot recover lost profits, business interruption losses, or consequential damages from Fastly under the agreement, even in the event of service outages or performance failures. The provision acknowledges it does not apply to the extent prohibited by law, which may limit its enforceability in certain jurisdictions.
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