“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.”
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
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.
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.
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"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 Terms of Service
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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.
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.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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