Fastly · Fastly Terms of Service · View original document ↗

Aggregate liability cap at 12 months fees

High severity High confidence Explicitdocumentlanguage Common · 289 of 352 platforms
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The cap means the maximum recoverable amount is tied to past fees paid, which may be far less than the actual harm suffered by either party.

Consumer impact (what this means for users)

If the Subscriber suffers a loss caused by Fastly, the Subscriber can recover no more than the fees it paid Fastly in the 12 months before the first incident.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

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▸ View Original Clause Language DOCUMENT RECORD
"
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.

— Excerpt from Fastly's Fastly Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Fastly Terms of Service
Entity
Fastly
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
July 9, 2026
Record ID
CA-P-053530
Document ID
CA-D-00675
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6f0b65e38f072903674c490c78003df26dbde23c766a3dd6645bece88569cfb0
Analysis generated
May 7, 2026 15:06 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Fastly
Document: Fastly Terms of Service
Record ID: CA-P-053530
Captured: 2026-05-07 15:06:04 UTC
SHA-256: 6f0b65e38f072903…
URL: https://conductatlas.com/platform/fastly/fastly-terms-of-service/provision/CA-P-053530/aggregate-liability-cap-at-12-months-fees/
Accessed: July 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Fastly's Aggregate liability cap at 12 months fees clause do?

The cap means the maximum recoverable amount is tied to past fees paid, which may be far less than the actual harm suffered by either party.

How does this clause affect you?

If the Subscriber suffers a loss caused by Fastly, the Subscriber can recover no more than the fees it paid Fastly in the 12 months before the first incident.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.

Is ConductAtlas affiliated with Fastly?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fastly.