·This FAQ answers questions we often get about our Terms of Service, our privacy statements, our documentation, our Acceptable Use Policy, and how they all work together. It does not replace any of those, nor is it legally binding on its own.

·NOTE: If you have questions or would like to suggest an update, check out our support page.

·Why is Fastly documentation mentioned in the Terms of Service?

·We believe in transparent communication. That's why we built out a public documentation portal that describes our products, how our services work, and our security and technology compliance programs. Fastly documentation is available to anyone (including all subscribers and prospective subscribers) at https://docs.fastly.com. We contractually stand behind all of our documentation. Anyone can sign up for a free account and confirm that what they see on https://docs.fastly.com matches our services.

·What if Fastly documentation changes over time?

·We work hard to improve and evolve our services, and we'll update the documentation as that happens and we post changes in our documentation to our changes blog. Anyone can subscribe to receive our changes blog via email or an RSS feed. We also maintain our significant changes blog, which highlights changes to our documentation that might reflect a reduction in features or functionality of our services, changes to our security program, or a significant increase in our subscribers' obligations. You can also subscribe to the significant changes blog by RSS or email.

·What are Fastly's support commitments and service level agreements?

·Our Support Description and SLA describes the hours of availability and response times for all our levels of customer support for our delivery products. The support offering a subscriber receives depends on the level of service a subscriber has purchased from us. The type of SLA a subscriber receives depends on the type of contract and level of support service the subscriber has purchased from us. Our Availability SLA describes our service level commitments for our network. Our Availability SLA also addresses how to work with our support team in the event of a planned (or unplanned) significant spike in usage. Product specific service and support SLAs are included in the product descriptions for Signal Sciences Next-Gen WAF and Signal Sciences Cloud WAF.

·Why does Fastly have a Privacy Policy and how does it affect my business?

·The Privacy Policy describes information we collect about visitors to our website and attendees to our corporate events, the information we collect from individuals who register for or authenticate to our edge cloud services, and individuals who submit an application for a career opportunity. It also summarizes our commitments to the EU-US Data Privacy Framework and the Swiss and United Kingdom extensions (together, the "Data Privacy Framework") as set forth by the US Department of Commerce. You can view our notice of Data Privacy Framework self-certification here.

·The Privacy Policy doesn't apply to how we process personal information submitted to us by our subscribers (or their internet clients) via our services - these commitments are covered by the privacy policies of our subscribers.

·What data does Fastly collect from Fastly services and how does Fastly use it?

·As you'll find with any internet company, when Fastly provides services to our subscribers, we receive some data about their websites and applications. We also learn a lot simply by having such a big presence on the internet. We collect data that is operationally necessary to deliver, maintain and improve our services. Details about how we retain and use data can be found in our Compliance documentation.

·Fastly's security services collect data insights from anomalous activity and suspicious behavior detected by the services. Fastly uses these data insights to further protect its customers and improve Fastly products. Fastly provides additional information about how these data insights are used in Threat Intelligence in the descriptions of Signal Sciences Next-Gen WAF and Signal Sciences Cloud WAF.

·Can I transfer personal data from the EU to the US using the Fastly services?

·Fastly services by default do not process personal data other than IP addresses to route requests and deliver content. Our service can be configured or used at the direction of the customer to process personal data. In addition, Fastly's data processing terms available here and incorporated by reference into the Fastly Terms of Service, include the European Commission's standard contractual clauses for the transfer of personal data to the U.S.

·The data processing terms cover use cases in which a data controller uses or configures the Fastly services to process personal data, to cache or transmit personal data, or to log personal information in your log files, including IP addresses. Like with all source code, service configurations and VCL are not appropriate places to store personal information.

·These data processing terms do not apply if you have reached separately agreed terms with Fastly. If you require a signed version of these terms, please contact support@fastly.com. Fastly considers any changes made to these data processing terms to be a significant update and will post a notice that these data processing terms have been updated on https://docs.fastly.com/changes.

·I think my business has some specific needs and requirements. What should I do?

·Reach out to your sales representative if you think you have needs or requirements that aren't addressed by our terms, data privacy, documentation, or this FAQ. Feel free to email sales@fastly.com to be connected with a sales team member for assistance.

·What does "Acceptable Use" mean?

·Fastly is an intermediary between our subscribers and their users. This means we have to put a few rules in place to ensure that we're not held accountable for illegal or harmful things that subscribers (or their users) do while using Fastly services. We expect subscribers and their end users to respect the law while using Fastly. You can find more information in our Acceptable Use Policy, which hosts DMCA information and process.

·Why do subscribers need to give us an Abuse Contact?

·In addition to being an intermediary between our subscribers and their end users, we often appear to be the provider for subscriber content. If someone has a complaint about content being delivered by or cached on our network, we want to enable the parties involved to resolve their issues as quickly as possible. The fastest way to do that is for Fastly to send a subscriber contact email to the person who alerted us to the potential violation of our Acceptable Use Policy.

·What are non-Fastly services and what am I giving Fastly permission to do?

·Non-Fastly services are services that our subscribers elect to use outside of Fastly. Examples include your origin, a DNS provider, a CMS like WordPress, or something similar. In many cases, Fastly is actually configured to work with these third-party services. The Non-Fastly Services provision gives us permission to work with these services, makes it clear that subscribers are directly responsible for their relationships with third-party service providers, and lets subscribers know that we are not responsible if something goes wrong with a service that Fastly does not provide.

·What are the typical lifecycles of Fastly Features and Services?

·Fastly typically uses three lifecycle categories for releases: beta, limited availability, and general availability. Our product lifecycle guide describes the support and long term availability for each of these categories in more detail. The Beta Services section of our Terms of Service also provides additional information.

·What does "feedback" mean?

·At Fastly, we take pride in our customer support and how effectively we are able to respond to subscriber requests. We also want to build an awesome edge cloud service that continues to evolve, and we are very open to suggestions for features and improvements. Our feedback provision ensures that if a subscriber gives us a suggestion about how to improve our service, we can integrate it efficiently.

·What happens if usage of our services by a subscriber or its users interferes with our services?

·Usage of our services that interferes with or disrupts the integrity and performance of our services violates our Acceptable Use Policy and may result in the suspension or termination of services to the applicable subscriber. To avoid adversely affecting other subscribers or the Fastly network, a subscriber must promptly respond to any communication from Fastly regarding its use of our services or its users' use of our services if that use interferes or disrupts our services.

·What are some examples of use of our services that may interfere with or disrupt the integrity and performance of our services?

·As described in our Service Availability SLA, utilization spikes in traffic may interfere with our services and adversely affect other subscribers. In addition, security vulnerability research testing or penetration testing by third parties or our subscribers that do not comply with our instructions may interfere with our services and as a result adversely affect our network or other subscribers. Fastly may take action against any unauthorized use of our services including suspension or termination of a subscriber's account.

·Which version of the Terms of Service, Acceptable Use Policy, and Privacy Policy apply to me?

·We most recently updated our Terms of Service on August 9, 2022. All previous versions of our Terms of Service are archived in our documentation archives site. Our current Data Processing Terms, which are incorporated into our Terms of Service, may be found here. The Terms of Service applicable to you are determined by the date you agreed to them, and stay in effect unless you agree to a new version, which means that updates to our Terms of Service don't affect you until you take significant action with your account. You will be asked to agree to our Terms of Service when you first create an account (usually a trial account). If after that, you switch to a paid month-to-month account, purchase a self-service product, or sign a service order with us, you will be asked to agree to the Terms of Service then in effect. If you are a trial subscriber prior to an update to the Terms of Service, you won't have to accept new terms of service until you convert to a paid account. Some subscribers have other arrangements with us, and updates to the Terms of Service on our website do not affect the terms of their arrangement with us.

·We believe in transparency and want to make sure you have the opportunity to see the changes we have made over time. In addition to historical versions of our Terms of Service, we make available all historical versions of the Acceptable Use Policy and the Privacy Policy. Updates to our Acceptable Use Policy are effective for everyone upon posting, but existing subscribers will have thirty days before they become effective for them. Updates to our Privacy Policy are effective thirty (30) days after being posted.

·What does Subscriber Data mean?

·As defined in our subscription documents, Subscriber Data is content transmitted or cached through our network, requests received by the network, and the configurations and credentials of our subscribers. Any content authorized or permitted by a subscriber to be transmitted or cached through our network is Subscriber Data of that subscriber.

·PLEASE READ THESE TERMS OF SERVICE (THESE "TERMS") CAREFULLY. THESE TERMS ARE A BINDING CONTRACT FOR THE USE OF FASTLY, INC. ("FASTLY") SERVICES.

·BY ACCESSING OR USING FASTLY SERVICES YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT AND ITS AFFILIATES). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE FASTLY'S SERVICES.

·PRICING FOR FASTLY'S SERVICES IS AVAILABLE AT https://www.fastly.com/pricing. DOCUMENTATION OF FASTLY'S SERVICES IS AVAILABLE AT https://docs.fastly.com. FASTLY'S ACCEPTABLE USE POLICY IS AVAILABLE AT https://www.fastly.com/acceptable-use. BEFORE ACCEPTING THESE TERMS AND USING FASTLY'S SERVICES, PLEASE REVIEW THE INFORMATION AT EACH OF THESE ONLINE LOCATIONS.

·THESE TERMS WERE LAST UPDATED ON NOVEMBER 4, 2025. PRIOR VERSIONS OF FASTLY'S TERMS OF SERVICE ARE AVAILABLE AT https://docs-archive.fastly.com/tos/

11. Agreement. These Fastly Terms of Service (these "Terms") are made by and between the party on whose behalf they are accepted ("Subscriber") and Fastly, Inc. ("Fastly") and are effective as of the date they are accepted by Subscriber. The complete subscription agreement including these Terms (the "Agreement") grants Subscriber a limited subscription to use Fastly's internet intermediary, support, professional, or other services (the "Services").

22. Account Types.

2.12.1 Free Accounts. Accounts are made available at no cost for Subscribers to test the functionality of the Services ("Free Accounts"). Additional terms and conditions presented to Subscriber in connection with the registration for an Account (as defined below) shall be binding on Subscriber.

2.22.2 Paid Accounts. A Free Account will become a "Paid Account" when it (i) is subject to a Service Order (as defined below) with at least a US$50 monthly minimum charge or exceeds US$50 in usage charges (as determined by the rates at https://www.fastly.com/pricing) in each of the last two full months and (ii) is current on all payments for charges incurred under (i). Paid Accounts are not subject to Section 2.3. Together, Paid Accounts and Free Accounts are "Accounts."

2.32.3 Free Account Terms. Subscribers should review the Documentation (as defined below) thoroughly before executing a Service Order or exceeding US$50 of usage charges. Accounts provided for evaluation purposes (including any paid proof of concept), are considered Free Accounts. ALL FREE ACCOUNTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FREE ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). FASTLY DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION 13 (LIMITATION OF LIABILITY)) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE ACCOUNT, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA AND ANY DISRUPTION TO SUBSCRIBER'S OR THIRD PARTY SERVICES CONFIGURED TO WORK WITH THE FREE ACCOUNT. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO A FREE ACCOUNT, AND ANY CUSTOMIZATIONS MADE TO A FREE ACCOUNT BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE FREE ACCOUNT IS SUSPENDED, TERMINATED, OR DISCONTINUED. FASTLY'S INDEMNITY OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION) DO NOT APPLY TO FREE ACCOUNTS.

33. Fastly's Obligations.

3.13.1 Services. Fastly will make the Services available to Subscriber according to one or more online or written ordering documents which incorporate the Agreement (each a "Service Order").

3.23.2 Compliance with Laws. Fastly shall comply with all laws and governmental regulations applicable to the Services.

3.33.3 Personnel and Performance. Fastly will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the Agreement. Fastly enters into the Agreement on behalf of its Affiliates. An "Affiliate" of a party is any entity (a) that the party Controls; (b) that the party is Controlled by; or (c) with which the party is under common Control, where "Control" means direct or indirect control (including by ownership) of fifty percent (50%) of an entity's voting interests.

3.43.4 Documentation. Fastly will make online documentation available at https://docs.fastly.com (the "Documentation") that describes, for each of the Services: (a) the features, functionality, and performance of the Services; (b) the Services' administrative, physical, and technical safeguards for protection of the security and integrity of the Services (the "Security Measures"); (c) data collected by Fastly related to the functional performance of the Services or anomalous activity or suspicious behavior detected by the Services ("Data Insights"); (d) service level agreements (each an "SLA") applicable to the Services; (e) certifications and compliance programs applicable to the Services; and (f) any terms provided in connection with (i) third party technology or services incorporated into the Services or (ii) any distributed software.

3.53.5 Security Measures. Fastly will maintain the Security Measures consistent with industry standard practices and as described in the Documentation. Fastly will process, transmit, and store the data and information provided to the Services by or on behalf of Subscriber (including content, requests, configurations and credentials) ("Subscriber Data") only according to the Agreement and the Documentation. The Services, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, time bombs, and Trojan horses ("Malicious Code").

3.63.6 Data Processing. Fastly will process, transmit and store personal data present in Subscriber Data in accordance with the Data Processing Terms available at https://www.fastly.com/data-processing. Fastly shall not sell nor disclose any Subscriber Data. Fastly shall not disclose any Data Insights in a manner that identifies Subscriber.

44. Subscriber's Obligations.

4.14.1 Subscriber Data. As between Fastly and Subscriber, Subscriber is responsible for Subscriber Data and the provision of Subscriber Data to the Services according to the Agreement.

4.24.2 Personnel and Performance. Subscriber shall be responsible for the performance of its personnel (including employees and contractors) in compliance with the Agreement. Subscriber enters into the Agreement on behalf of its Affiliates that make use of the Services.

4.34.3 Non-Fastly Services. Subscriber may choose to use or offer services not provided by Fastly ("Non-Fastly Services") with the Services and in doing so grants Fastly permission to interoperate with the Non-Fastly Services as directed by Subscriber or the Non-Fastly Services. Unless specified in a Service Order: (a) Fastly does not warrant or support Non-Fastly Services; (b) as between Fastly and Subscriber, Subscriber assumes all responsibility for the Non-Fastly Services and any disclosure, modification or deletion of Subscriber Data by the Non-Fastly Services; and (c) Fastly shall have no liability for, and Subscriber is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation due to any unavailability of the Non-Fastly Services or any change in the ability of Fastly to interoperate with the Non-Fastly Services.

4.44.4 Third Party Reports. As an intermediary, Fastly may receive notices from third parties ("Reporters") regarding Subscriber Data or Subscriber's use of the Services ("Reports"). Fastly will forward all Reports directly to an email address provided by Subscriber designated to receive Reports (the "Abuse Contact"). Upon receipt of a Report, Subscriber will (i) acknowledge receipt of such report to Fastly within two (2) business days of receipt and (ii) address the Report within five (5) business days with the Reporter including informing the Reporter that Subscriber (and not Fastly) is the appropriate party to address the matter. Fastly may provide the Abuse Contact to a Reporter inquiring about Subscriber Data or Subscriber's use of the Services.

4.54.5 Responsibilities. Subscriber (a) shall comply with the Fastly Acceptable Use Policy available at https://www.fastly.com/acceptable-use (the "AUP"); (b) shall use the Services according to the Documentation; (c) shall be responsible for using commercially reasonable efforts to prevent unauthorized access to or use of the Services; (d) shall promptly notify Fastly of any unauthorized access or use of the Services; (e) shall respond to Reports in accordance with Section 4.4 (Third Party Reports) and take reasonably appropriate action to resolve the reported matter; (f) shall not use the Services to store, transmit or display Subscriber Data for fraudulent purposes or in violation of applicable laws and governmental regulations; (g) shall not make the Services available to, or use the Services for the benefit of, anyone other than Subscriber's own personnel or end users; (h) shall not use the Services to store, transmit or display Malicious Code; (i) shall not interfere with or disrupt the integrity or performance of the Services or any third-party technology contained therein; (j) shall not attempt to gain unauthorized access to any of Fastly's systems or networks; (k) shall not permit direct or indirect access to or use the Services in a way that circumvents a usage limit; (l) shall not sell, resell, license, sublicense, distribute, redistribute, rent, or lease the Services except as integrated with its own offerings that provide additional functionality to its end users; (m) shall not copy the Services or any part, feature, function, or user interface thereof; (n) shall not access the Services or use the Documentation to develop or offer a competitive product or service; (o) shall not reverse engineer the Services (to the extent a restriction on reverse engineering is permitted by applicable law) and (p) upon the termination of an applicable Service Order remove or delete any Fastly software from any Subscriber environment into which it has been installed.

4.64.6 Service Notices. If Fastly becomes aware that Subscriber may violate Subscriber's obligations under this Section 4 (Subscriber's Obligations), Fastly will notify the Abuse Contact by email (the "Service Notice") and request Subscriber to take reasonably appropriate action, including cessation of problematic usage, changing a configuration, updating credentials or removing applicable Subscriber Data. If Subscriber fails to comply with a Service Notice within the time period set forth in the Service Notice, Fastly may suspend Subscriber's access to the Services until the requested action is taken. If Subscriber fails to take the required action within ten (10) days or on two or more occasions during any rolling twelve (12) month period, Fastly may terminate the Agreement immediately for cause. All limitations of access, suspensions, and terminations for cause shall be made in Fastly's sole discretion and Fastly shall not be liable to Subscriber or any third party for any termination of Subscriber's Account or access to the Services.

55. Term and Termination.

5.15.1 Term. This Agreement is effective during the term of any Service Order that incorporates it. The term of a Service Order shall be specified in the Service Order. Service Orders shall renew for successive terms, unless (a) Subscriber is in breach of this Agreement or (b) Subscriber gives Fastly at least one (1) month's notice of nonrenewal at the end of the applicable term.

5.25.2 Termination for Cause. In addition to Fastly's right to terminate the entire Agreement under Section 4.6 (Service Notices), Subscriber or Fastly may terminate the entire Agreement for cause upon 30 days' written notice to the other of a material breach if the breach remains uncured at the expiration of the notice period.

5.35.3 Survival. Any term or condition that by its nature is clearly intended to survive the expiration or termination of the Agreement, shall survive any expiration or termination of the Agreement, including Sections 4.5(m), (n), (o) and (p) (Subscriber's Obligations), Section 7.1 (Fees), Section 7.5 (Refund or Payment upon Termination), Section 8 (Confidentiality), Section 9 (Licenses and Proprietary Rights), Section 13 (Limitation of Liability), Section 14 (Exclusion of Consequential and Related Damages), Section 16 (Indemnification) and Section 22 (Authorized Reseller).

66. Beta Services. From time to time, Fastly may offer services identified as beta, pilot, developer preview, evaluation or by a description of similar import ("Beta Services"). Subscriber may accept or decline Beta Services in its discretion. If accepted, Beta Services are provided only for evaluation purposes. Fastly may discontinue Beta Services at any time in its sole discretion and may never make Beta Services generally available. ALL BETA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FASTLY DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA SERVICE. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO BETA SERVICES BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST.

77. Fees and Payment.

7.17.1 Fees. Subscriber will pay all fees specified in Service Orders and provide accurate and updated billing contact information. Minimum commitments in Service Orders are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments and actual usage are not refundable. Subscriber's payments of fees are neither (x) contingent on the delivery of any future functionality or features nor (y) dependent on statements not set forth in the Agreement.

7.27.2 Invoicing Terms. If the Service Order specifies that payment will occur by a method other than a credit card, Subscriber will provide a purchase order number in the applicable amount (or reasonable alternative proof of Subscriber's ability to pay the fees specified in a Service Order), and promptly notify Fastly of any changes necessary for payment of an invoice. Fastly will invoice Subscriber either monthly or according to the billing frequency stated in the Service Order. Invoices to be paid by credit card are due on the invoice date, all other invoices are due net 30 days from the invoice date. If any invoiced amount is not received by Fastly by the due date, then without limiting Fastly's rights or remedies: (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, (b) Fastly may condition future subscription renewals and Service Orders on shorter payment terms or (c) Fastly may provide a notice to Subscriber with a notice of non-renewal for all outstanding Service Orders. If Subscriber is paying for Services by credit card, Subscriber will provide Fastly with valid credit card information and promptly notify Fastly of any changes necessary to charge the credit card. The provision of credit card information to Fastly authorizes Fastly to charge the credit card for all Services specified in a Service Order, and any renewal subscription.

7.37.3 Suspension of Service and Acceleration. If any amount owing by Subscriber is 30 or more days overdue (or 10 or more days overdue in the case of invoices to be paid by credit card), Fastly may, without limiting any rights and remedies, accelerate Subscriber's unpaid fee obligations to become immediately due and payable, not renew any Service Order, and suspend the provision of Services to Subscriber until the overdue amounts are paid in full. Fastly will give Subscriber at least 10 days' prior notice that its Paid Account is overdue, in accordance with Section 18 (Manner of Giving Notice), before suspending services to Subscriber.

7.47.4 Payment Disputes. Fastly will not exercise any rights to suspend Services, accelerate payments, impose late charges or change payment terms under Section 7.2 (Invoicing Terms) with respect to an overdue amount for so long as Subscriber is disputing the overdue amount in good faith. The parties shall cooperate diligently to resolve the dispute.

7.57.5 Refund or Payment upon Termination. If Subscriber terminates the Agreement in accordance with Section 5.2 (Termination for Cause), Fastly will refund any prepaid fees covering the remainder of the term of all Service Orders after the effective date of termination. If the Agreement is terminated by Fastly in accordance with Section 5.2 (Termination for Cause), Subscriber will pay any unpaid fees covering the remainder of the term of all Service Orders. In no event will termination relieve Subscriber of its obligation to pay any fees payable for the period prior to the effective date of termination.

7.67.6 Taxes. Fees for Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes assessable by any jurisdiction whatsoever (collectively, "Taxes"). Subscriber is responsible for paying all Taxes associated with its Service Orders. If Fastly is obligated by law to pay or collect Taxes for which Subscriber is responsible, Fastly will invoice Subscriber and Subscriber will pay that amount unless Subscriber can provide a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriber will provide Fastly any information Fastly reasonably requests to determine whether Fastly is obligated to collect Taxes. Fastly is solely responsible for taxes assessable against its income, property, and employees.

88. Confidentiality.

8.18.1 Confidential Information."Confidential Information" means all information about the relationship created by the Agreement disclosed by a party ("Discloser") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential. Confidential Information of each party includes the terms and conditions of the Agreement and all Service Orders, including pricing, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed in connection with the Agreement. Confidential Information does not include information that: (a) is at the time of disclosure, or later becomes, generally known to the public through no fault of Recipient; (b) was known to the Recipient with no obligation of confidentiality prior to disclosure by Discloser, as proven by records of Recipient; (c) is disclosed to Recipient by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or (d) is at any time independently developed by Recipient as proven by records of Recipient.

8.28.2 Protection of Confidential Information. Except as provided in Section 8.3 (Compelled Disclosure) Recipient shall not disclose or otherwise make available any Confidential Information of the Discloser to anyone except those of its employees, attorneys, agents and consultants who: (a) need to know the Confidential Information in connection with the purpose of the Agreement and (b) who have previously agreed to be bound by confidentiality obligations no less stringent than those in the Agreement. Each party shall safeguard all Confidential Information of the other party with at least the same degree of care (but no less than reasonable care) as it uses to safeguard its own confidential information.

8.38.3 Compelled Disclosure. If the Recipient is compelled by law to disclose Confidential Information of the Discloser, then to the extent legally permitted, Recipient shall provide the Discloser with prior notice of the compelled disclosure and reasonable assistance, at Discloser's cost, if the Discloser wishes to contest the compelled disclosure. Any compelled disclosure shall be limited to the extent required, and shall be subject to confidentiality protections to the extent practicable. If the Recipient is compelled by law to disclose the Discloser's Confidential Information as part of a civil proceeding to which the Discloser is a party, and the Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for its reasonable cost of compiling and providing secure access to that Confidential Information.

99. Licenses and Proprietary Rights.

9.19.1 Subscriber Data. Subscriber grants Fastly a worldwide, non-exclusive, revocable, and limited license during the term of Subscriber's use of the Services to process, transmit, and store Subscriber Data, and to interoperate with any Non-Fastly Services as necessary in order for Fastly to provide the Services in accordance with the Agreement. Subject to this limited license, Fastly acquires no right, title, or interest from Subscriber under the Agreement in or to Subscriber Data.

9.29.2 Feedback. Subscriber grants to Fastly a worldwide, perpetual, irrevocable, royalty-free permission to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Subscriber.

9.39.3 Deliverables. Fastly grants Subscriber a worldwide, perpetual, non-exclusive, non-transferable, royalty-free license to use for its internal business purposes anything developed by Fastly for Subscriber and delivered by Fastly to Subscriber in connection with support or professional services ("Deliverables"). Subject to Subscriber's ownership of its proprietary and Confidential Information disclosed to Fastly under Section 8 (Confidentiality) Fastly shall retain all ownership rights to the Deliverables.

9.49.4 Proprietary Rights. The Services, the Documentation and the Data Insights are the proprietary information of Fastly. Fastly grants Subscriber a worldwide, non-exclusive, non-transferable, royalty-free license to use the Documentation, and the software and application programming interfaces made available by Fastly to Subscriber as part of the Services, solely as necessary to make use of the Services during the term of any applicable Service Order. Subject to the limited rights expressly granted in the Agreement, Fastly and Fastly's licensors reserve all right, title, and interest in and to the Services, the Documentation, and the Data Insights, including all related intellectual property rights. No rights are granted to Subscriber except as expressly set forth in the Agreement. No rights are granted to Fastly except as expressly set forth in the Agreement.

1010. Government Rights. The Services may include access to software. In such case, such software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if Subscriber is an agency of, or contractor to, the US Government, it receives only those rights with respect to such software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors. If Subscriber is a government agency that has a need for rights not granted under the Agreement, it must negotiate with Fastly to determine if there are acceptable terms for granting those rights, and mutually acceptable written terms specifically granting those rights must be included in any applicable agreement.

1111. Export Compliance. The Services and the Documentation may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Subscriber shall not enable use of the Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, or Syria) or in violation of any U.S. export law or regulation.

1212. Anti-corruption. Neither party has received or been offered any bribe, kickback, illegal or improper payment, gift, or thing of value from any of the personnel or agents of the other party in connection with the Agreement, other than reasonable gifts and entertainment provided in the ordinary course of business. If Subscriber becomes aware of any violation of the above restriction, Subscriber will promptly notify Fastly's Chief Legal Officer at gc@fastly.com.

1313. Limitation of Liability. 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. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT SUBSCRIBER'S PAYMENT OBLIGATIONS UNDER SECTION 7 (FEES AND PAYMENT) OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION).

1414. Exclusion of Consequential and Related Damages. IN NO EVENT WILL A PARTY HAVE ANY LIABILITY TO ANY OTHER PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITIES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

1515. Warranties.

15.115.1 Services Warranty. In addition to its obligations under the Agreement, Fastly warrants that during the term of each Service Order that: (a) the Services will perform materially as set forth in the Documentation; (b) the features, functionality and performance of the Services will not be materially decreased; (c) the overall effectiveness of the Security Measures will not be decreased; (d) use of the Services, including the software components, in accordance with the Documentation, will not impose any additional obligations on Subscriber to grant any rights to its intellectual property or to disclose or make any of its own proprietary technology available to any third party; and (e) Subscriber's obligations will not be materially increased as a result of an update to the Documentation or the AUP. Without limiting Fastly's obligations pursuant to Section 3 (Fastly's Obligations), Subscriber's exclusive remedies for a breach of a warranty in this Section 15.1 (Services Warranty) shall be (i) to the extent applicable, allow Fastly to repair or replace a non-conforming software component or (ii) to exercise the express rights described in Sections 5.2 (Termination for Cause) and 7.5 (Refund or Payment upon Termination), and to the extent applicable, to claim the credits set forth in the applicable SLA.

15.215.2 Support and Professional Services Warranty. The support and professional services specified in the applicable Service Order will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards. Subscriber's exclusive remedies for breach of the warranty in this Section 15.2 shall be either (a) re-performance of the Support or Professional Services by Fastly; (b) to claim the credits set forth in the applicable SLA; or (c) to exercise the express rights described in Sections 5.2 (Termination For Cause) and 5.5 (Refund or Payment upon Termination).

15.315.3 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15, NEITHER PARTY MAKES ANY WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

1616. Indemnification.

16.116.1 Indemnification by Fastly. Fastly will indemnify and defend Subscriber against any and all third party claims, demands, suits or proceedings (each a "Claim Against Subscriber") and all related judgments, liabilities, awards, damages, costs, including reasonable attorneys' fees and expenses, 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, provided Subscriber (a) promptly gives Fastly written notice of the Claim Against Subscriber; (b) gives Fastly sole control of the defense and settlement of the Claim Against Subscriber (except that Fastly may not settle any Claim Against Subscriber unless it unconditionally releases Subscriber of all liability related to the Claim Against Subscriber); and (c) gives Fastly all reasonable assistance, at Fastly's expense. If Fastly receives information about an infringement or misappropriation claim related to the Services, Fastly may in its discretion and at no cost to Subscriber (x) modify the Service so that it no longer infringes or misappropriates, without breaching Fastly's obligations under Section 3 (Fastly's Obligations); (y) obtain a license for Subscriber's continued use of that Service in accordance with the Agreement; or (z) terminate Subscriber's subscriptions for that Service upon 30 days' written notice and refund Subscriber any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to a Claim Against Subscriber that result, in whole or in part, from Subscriber Data, a Non-Fastly Service, the use or combination of the Services with hardware, software, data, or processes not provided or specified by Fastly, if the Services or their use would not infringe third-party rights absent such combination, any intellectual property claim(s) known to Subscriber prior to its subscription to the Services, or Subscriber's breach of the Agreement.

16.216.2 Indemnification by Subscriber. Subscriber will indemnify and defend Fastly against any and all third party claims, demands, suits or proceedings (each a "Claim Against Fastly") and all related judgments, liabilities, awards, damages, costs, including reasonable attorneys' fees and expenses, arising out of or in connection with (i) Subscriber Data, or (ii) Subscriber's use of the Services in breach of the Agreement, provided Fastly (a) promptly gives Subscriber written notice of the Claim Against Fastly; (b) gives Subscriber sole control of the defense and settlement of the Claim Against Fastly (except that Subscriber may not settle any Claim Against Fastly unless it unconditionally releases Fastly of all liability related to the Claim Against Fastly); and (c) give Subscriber all reasonable assistance, at Subscriber's expense. The above defense and indemnification obligations do not apply to a Claim Against Fastly that result, in whole or in part, from the Services or Fastly's breach of the Agreement. Except with respect to a dispute between Subscriber and Fastly, Subscriber will reimburse Fastly for all costs and reasonable attorneys' fees for responding to third party or governmental requests for information arising out of or in connection with Subscriber Data or Subscriber's use of the Services.

16.316.3 Additional Indemnified Parties. For purposes of this Section 16, (a) a Claim Against Fastly shall include a claim against Fastly, Fastly's Affiliates, and Fastly's or its Affiliates' officers, directors, and employees and (b) a Claim Against Subscriber shall include a third-party claim against Subscriber, Subscriber's Affiliates, and Subscriber's or its Affiliates' officers, directors, and employees; provided no indemnified party shall be entitled to any form of equitable or implied indemnification at any time.

16.416.4 Exclusive Remedy. This Section 16 states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section 16.

1717. Assignment.

17.117.1 Either party may assign the Agreement in its entirety, without the other party's consent (a) to its Affiliate or (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, unless the Subscriber is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of Fastly, in which case Fastly may, but is not required to, terminate the Agreement upon written notice, and in the event of such a termination, Fastly will refund to Subscriber any prepaid fees covering the remainder of the initial term of all Service Orders.

17.217.2 Except as permitted in Section 17.1, neither party may assign any of its rights or obligations under the Agreement, whether by operation of law or otherwise, without the other party's prior written consent (not to be unreasonably withheld).

17.317.3 The Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

1818. Manner of Giving Notice.

18.118.1 Updates. All updates to the Documentation will be posted to http://docs.fastly.com/changes, and may be subscribed for using email or rich site summary or a successor protocol ("RSS"). Posted updates to (a) the AUP or (b) the Documentation that reflect (i) a reduction in the features, functionality or performance of the Services, (ii) changes to the Security Measures or (iii) a significant increase in Subscriber's obligations ("Significant Updates") may be separately subscribed for using email or RSS. Updates to the Documentation will be effective upon posting; provided, these updates shall not limit the warranties made by Fastly in Section 15.1 as of the start of the term of a Service Order. Updates to the AUP will be effective thirty (30) days after posting.

18.218.2 Except as otherwise specified in the Agreement, all notices, permissions and approvals shall be in writing and shall be deemed to have been given upon (a) personal delivery; (b) the second business day after mailing; or (c) the first business day after sending by email (provided email shall not be sufficient for notices of an indemnifiable claim). Billing-related notices to Subscriber shall be addressed to the relevant billing contact designated by Subscriber. All other notices to Subscriber shall be addressed to the relevant Services system administrator or other person designated by Subscriber in writing, or, if applicable, as set forth on the Cover Page to the Agreement. Notices to Fastly should be addressed to gc@fastly.com or Fastly, Inc. Attn: Chief Legal Officer, PO Box 78266, San Francisco, CA 94107.

1919. Governing Law and Jurisdiction. The governing law of California and controlling United States federal law will apply in any lawsuit arising out of or in connection with the Agreement and the Federal or state courts located in San Francisco, California, USA have exclusive jurisdiction over any such lawsuit. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement.

2020. Relationship of the Parties. The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

2121. Third-Party Beneficiaries. Subscriber acknowledges that Fastly's licensors and technology providers have required Fastly to agree to certain provisions with Subscriber, including Sections 4 (Subscriber's Obligations), 9 (Licenses and Proprietary Rights), 13 (Limitation on Liability), 14 (Exclusion of Consequential and Related Damages) and 16 (Indemnification). There are no third-party beneficiaries under the Agreement, AUP or the Documentation.

2222. Authorized Reseller. If Subscriber has validly purchased Services through a reseller authorized by Fastly (an "Authorized Reseller") under an ordering document that binds the Subscriber to the terms of this Agreement (a "Reseller Order"), then Fastly will make the validly purchased Services specified in the Reseller Order available to Subscriber. Fastly may share information regarding Subscriber with the Authorized Reseller when necessary for providing the Services or as needed for the Authorized Reseller to perform services for the benefit of Subscriber. A Reseller Order shall be a Service Order for purposes of this Agreement, provided that, (a) Sections 7.1, 7.2 and 7.6 of this Agreement shall not apply; (b) Fastly will seek payment for all fees associated with Subscriber's use of the Services from the Authorized Reseller, (c) any refunds or credits will be issued to the Authorized Reseller; (d) if any amount owing by an Authorized Reseller for Subscriber's use of the Services is overdue, Fastly may, without limiting any rights and remedies, suspend the provision of Services to Subscriber until the overdue amounts are paid in full; (e) amounts paid by Subscriber to the Authorized Reseller for Services subscribed for by Subscriber shall be deemed to be payments made by Subscriber hereunder for purposes of Section 13 (Limitation of Liability); and (f) a Reseller Order cannot modify or take precedence over the Data Processing Terms, the Agreement, the AUP, or the Documentation.

2323. Entire Agreement. The Agreement supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency among the following, the order of precedence shall be: (i) the Data Processing Terms, (ii) the applicable Service Order (other than a Reseller Order), (iii) the Agreement, (iv) the AUP and (v) the Documentation. Fastly and Subscriber each represent that it has validly entered into the Agreement and has the legal power to do so. Any term or condition stated in a Subscriber online supplier portal click-through, purchase order or other Subscriber order documents (excluding Service Orders) is void. No modification, amendment, or waiver of any provision of the Agreement will be effective unless it exists in writing and is signed by the party against whom the modification, amendment, or waiver is to be asserted. No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of the Agreement will remain in effect.