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 protection shields the Subscriber from the cost and liability of third-party IP claims tied to Fastly's own Services, provided the Subscriber uses them in accordance with the Agreement.
Interpretive note: The excerpt uses an ellipsis, suggesting the full clause may contain additional conditions, carve-outs, or procedures not present in the quoted text. The canonical claim is based solely on the quoted language.
The Subscriber is protected from bearing the cost of defending or paying damages in third-party IP infringement claims, so long as its use of the Services complied with the Agreement.
How other platforms handle this
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
"Fastly will indemnify and defend Subscriber against any and all third party claims... arising out of or in connection with, or alleging the Services or use of the Services by Subscriber in accordance with the Agreement infringe or misappropriate the third party's intellectual property rights...Excerpt from Fastly's Terms of Service
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This protection shields the Subscriber from the cost and liability of third-party IP claims tied to Fastly's own Services, provided the Subscriber uses them in accordance with the Agreement.
The Subscriber is protected from bearing the cost of defending or paying damages in third-party IP infringement claims, so long as its use of the Services complied with the Agreement.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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