Fstly

Legal

Terms of Service

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1. Agreement to terms

These Terms of Service (“Terms”) govern your access to and use of Fstly’s websites, applications, APIs, and related services (collectively, the “Services”) provided by Fstly (“Fstly,” “we,” or “us”). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Accounts and eligibility

You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity under your account, including actions taken by users you invite. You must promptly notify us of any unauthorized access. We may suspend or terminate accounts that violate these Terms or present security risk.

3. Acceptable use

You agree not to misuse the Services. Without limitation, you must not:

  • Use the Services to distribute malware, phishing, spam, or illegal content;
  • Attempt to probe, scan, or test the vulnerability of our systems or bypass authentication;
  • Reverse engineer the Services except where permitted by applicable law;
  • Use the Services in violation of export control or sanctions laws; or
  • Resell or sublicense the Services in a manner that violates your plan or agreement.

We may investigate violations and cooperate with law enforcement where appropriate.

4. API usage

API access is subject to rate limits, authentication requirements, and the technical documentation we publish. You must keep API keys and tokens secret and rotate them if compromised. You may not use the API in a way that degrades service for other customers. We may modify API behavior with reasonable notice; backward-incompatible changes will be communicated in advance where practicable.

5. Customer data and privacy

You retain rights to content and data you submit (“Customer Data”). You grant Fstly a limited license to host, process, and display Customer Data solely to provide and improve the Services as described in our Privacy Policy and any applicable data processing agreement. You are responsible for obtaining necessary consents and rights for Customer Data you submit.

6. Intellectual property

The Services, including software, branding, and documentation, are protected by intellectual property laws. Subject to these Terms, we grant you a non-exclusive, non-transferable license to use the Services during your subscription. Except as expressly permitted, you may not copy, modify, or create derivative works of our proprietary materials.

7. Fees and payment

Paid plans are billed according to the pricing and billing cycle you select. Fees are non-refundable except as required by law or expressly stated in writing. Late payments may result in suspension of Services. Taxes are your responsibility unless we are required to collect them.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FSTLY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FSTLY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

10. Indemnity

You will defend and indemnify Fstly against claims arising from your Customer Data, your use of the Services in violation of these Terms, or your violation of applicable law, provided we promptly notify you and cooperate in the defense.

11. Termination

You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms or for extended periods of inactivity on free accounts as described in our documentation. Upon termination, your right to use the Services ceases; we may delete Customer Data after any applicable retention period.

12. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless mandatory consumer protections in your jurisdiction apply. Courts in Delaware shall have exclusive jurisdiction for disputes arising from these Terms, subject to mandatory arbitration or venue rules where applicable.

13. Changes

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. Material changes may require additional notice under your plan or applicable law. Continued use after the effective date constitutes acceptance.

14. Contact

Legal notices: legal@fstly.example.com