Any legal disputes with Fastly must be handled in California courts under California law, regardless of where you or your business are located.
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
For businesses based outside California, particularly in the EU or UK, being required to litigate in San Francisco under California law can be costly and may conflict with mandatory local legal protections.
Interpretive note: Enforceability of the California forum selection clause may be limited for EU or UK counterparties under mandatory local law or the EU Brussels Regulation framework.
International customers, including EU and UK businesses, may find that California forum selection and choice-of-law clauses conflict with mandatory local law protections, and should seek legal advice on enforceability in their home jurisdiction before signing.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
Monitoring
Fastly has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in San Francisco, California.— Excerpt from Fastly's Fastly Terms of Service
REGULATORY LANDSCAPE: California choice-of-law and forum selection clauses are enforceable in commercial B2B agreements under California law. However, in the EU, mandatory consumer and business protection rules, and potentially GDPR enforcement jurisdiction, may override or limit the effect of these clauses for EU-based parties. UK courts similarly apply a balancing test for foreign jurisdiction clauses in commercial disputes. The EU Brussels Regulation framework may affect jurisdiction clause enforceability for EU counterparties. GOVERNANCE EXPOSURE: Medium. For US-based commercial customers, the California forum is standard and represents no unusual exposure. For EU, UK, or Asia-Pacific customers, the clause creates practical litigation barriers and potential conflicts with mandatory local law, requiring case-by-case legal assessment. JURISDICTION FLAGS: EU customers operating under GDPR may have mandatory data protection dispute resolution rights that are not displaced by contractual forum selection. UK customers post-Brexit face a distinct legal framework for assessing foreign jurisdiction clauses. Customers in regulated industries such as financial services may have regulatory requirements that mandate dispute resolution in their home jurisdiction. CONTRACT AND VENDOR IMPLICATIONS: International procurement teams should obtain local legal advice on whether the California forum selection clause is enforceable in their jurisdiction and whether local mandatory law provides alternative or overriding dispute resolution rights. EU customers should assess whether GDPR supervisory authority jurisdiction provides a parallel or superior avenue for data-related disputes. COMPLIANCE CONSIDERATIONS: Legal teams negotiating for EU or international customers should seek to add a carve-out for disputes subject to mandatory local jurisdiction or regulatory oversight. The forum selection clause should be flagged in contract review processes for cross-border engagements.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.
Professional Governance Intelligence
Need to monitor specific governance provisions?
Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
For businesses based outside California, particularly in the EU or UK, being required to litigate in San Francisco under California law can be costly and may conflict with mandatory local legal protections.
International customers, including EU and UK businesses, may find that California forum selection and choice-of-law clauses conflict with mandatory local law protections, and should seek legal advice on enforceability in their home jurisdiction before signing.
ConductAtlas has identified this type of provision across 175 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fastly.