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 liability limitation defines the maximum financial exposure for Fastly in breach, negligence, or other claims. It operates as a risk allocation mechanism that restricts potential damages recovery to a defined monetary threshold tied to the customer's service fees.
Under this clause, a customer's recoverable damages from Fastly for any claim are capped at the amount the customer paid to Fastly in the preceding 12 months. This means potential recovery is bounded by the customer's own fee history rather than the full extent of damages caused.
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"IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO FASTLY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.— Excerpt from Fastly's Fastly Terms of Service
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This liability limitation defines the maximum financial exposure for Fastly in breach, negligence, or other claims. It operates as a risk allocation mechanism that restricts potential damages recovery to a defined monetary threshold tied to the customer's service fees.
Under this clause, a customer's recoverable damages from Fastly for any claim are capped at the amount the customer paid to Fastly in the preceding 12 months. This means potential recovery is bounded by the customer's own fee history rather than the full extent of damages caused.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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