Paid Accounts get real due process: Fastly must email a Service Notice describing the problem and asking you to fix it, and can only suspend after you fail to act, with termination reserved for a ten day failure or repeat offenses. Termination for material breach requires 30 days written notice and a chance to cure, and that right runs both ways. Free Accounts get the opposite treatment, since they can be killed at any time for no reason with your configurations and data permanently lost. The document also gives Fastly sole discretion over suspensions and disclaims any liability for terminating your account, and it says nothing about exporting or retrieving your data after termination.
Acceptance happens simply by accessing or using the service, which is a browsewrap-style trigger, but the notice is made prominent in capital letters at the very top and the terms point you to the pricing page, the Documentation, and the Acceptable Use Policy before you agree. The document is dated and prior versions are archived at a public URL, which is better than most providers offer. Scope is well defined around Service Orders, though the agreement pulls in the AUP and Documentation by reference, and those can be updated separately. There is no age requirement or consumer capacity language because this is a business agreement.
Fastly treats your data as yours: it promises not to sell or disclose it, commits to maintaining security measures consistent with industry standard practices, and warrants that the effectiveness of those measures will not be decreased during your term. Personal data handling is pushed out to separate Data Processing Terms that sit above everything else in the order of precedence, which is a good sign, but it means the substance is not in this document. What is missing here is any breach notification commitment, any retention or deletion schedule, and any statement of your rights under GDPR or CCPA. Free Account users get no data protection commitments at all, since liability for their data is expressly disclaimed.
The billing terms are transparent but firmly on Fastly's side. Minimum commitments are non-cancelable, cannot be reduced mid-term, and nothing you pay is refundable, so if you over-commit you eat the difference. Service Orders auto-renew and the only escape is giving notice at least one month before the term ends, with no renewal reminder promised anywhere in the document. On the positive side, Fastly cannot suspend you or charge late fees while you dispute a bill in good faith, must give at least ten days notice before suspending an overdue Paid Account, and refunds prepaid fees if you terminate because Fastly breached.
There is no forced arbitration clause, no class action waiver, and no jury trial waiver anywhere in this document, which removes the single biggest barrier to recourse in modern contracts. Nothing shortens the statutory deadline for bringing a claim, and there is no loser-pays fee shifting. The cost is that all lawsuits must be filed in federal or state court in San Francisco under California law, with no savings clause preserving mandatory local protections for customers outside the United States. That venue requirement is mutual and normal for a business agreement, but it makes small claims impractical for anyone far from the Bay Area. Standard export control and anti-corruption recitals appear and are legally required boilerplate rather than consumer harms.
Indemnification runs in both directions, which puts this document well ahead of the industry norm. Fastly defends you against third party claims that its services infringe intellectual property rights, and if that happens it must fix the service, license it, or refund your prepaid fees. Your side of the bargain covers third party claims arising from your data or your use of the service in breach of the agreement, and it expressly does not apply where the claim results from Fastly's own service or breach. Attorney fees are qualified as reasonable on both sides, and the indemnified party lists are symmetrical. The main soft spot is that your data is an indemnity trigger without any fault requirement, and you must reimburse Fastly's costs for answering third party or government information requests about your traffic.
The liability cap is mutual, which is rarer than it should be: either party's total exposure is capped at what you paid Fastly in the twelve months before the incident, and the consequential damages exclusion applies to both sides equally. Indemnification obligations and your payment obligations sit outside the cap, so the biggest risks are not artificially shrunk. The weaknesses are that all implied warranties are disclaimed, your remedies for a warranty breach are limited to repair, SLA credits, or walking away with a refund, and there is no carve-out for gross negligence or willful misconduct. Free Account and Beta Service users get no protection at all, since liability for those is disclaimed outright.
Fastly gives up the unilateral rewrite power that almost every other provider keeps. Changes to the agreement require a signed writing from the party being held to them, so Fastly cannot quietly change the deal and call your continued use consent. Updates to the Documentation and the Acceptable Use Policy are handled separately and are published to a change feed you can follow by email or RSS, with a dedicated feed for Significant Updates that reduce features or change security measures. Acceptable Use Policy changes take effect only 30 days after posting, and a warranty protects you from updates that materially increase your obligations. The remaining gap is that Documentation updates take effect immediately on posting, though your existing warranty protections are preserved.
This is the strongest part of the agreement. You keep ownership of everything you push through the service, and the license you grant Fastly is narrow: non-exclusive, revocable, limited to processing and transmitting your data, and it lasts only during the term. The terms state outright that Fastly acquires no right or interest in your data and will not sell or disclose it. The only notable giveaway is the feedback clause, which hands Fastly a perpetual and irrevocable right to any suggestions you send, and the fact that Fastly keeps ownership of professional services deliverables while giving you only an internal-use license.