69 Total
34 High severity
26 Medium severity
9 Low severity

Key Facts

What is Fly.io's aggregate cumulative liability to Customer capped at?
Fly.io's aggregate cumulative liability to Customer is capped at the sum of all amounts paid and payable by Customer to Fly.io during the twelve months immediately preceding the event that gave rise to the applicable claim.
What does Fly.io disclaim with respect to the Fly.io Services and Documentation?
Fly.io disclaims all warranties, representations, or conditions with respect to the Fly.io Services and Documentation, which are provided 'as is,' 'as available,' and with all faults.
Under what laws is Fly.io's Agreement governed and interpreted?
Fly.io's Agreement and any related action is governed and interpreted under the laws of the State of California, without giving effect to any conflicts of laws principles.
What license does Customer grant Fly.io?
Customer grants Fly.io a non-exclusive, worldwide, royalty-free, and fully paid license to use Customer Data as necessary for purposes of providing the Fly.io Services to Customer and improving the Fly.io Services.
What is the license to use Customer Data for?
Customer grants Fly.io a non-exclusive, worldwide, royalty-free, and fully paid license to use Customer Data as necessary for purposes of providing the Fly.io Services to Customer and improving the Fly.io Services.
What must Customer defend Fly.io for?
Customer must defend Fly.io at its own expense and pay any settlement or final damages awarded in any suit based on a claim arising out of any use of the Fly.io Services not in accordance with the Agreement.
At whose expense must Customer defend Fly.io?
Customer must defend Fly.io at its own expense and pay any settlement or final damages awarded in any suit based on a claim arising out of any use of the Fly.io Services not in accordance with the Agreement.
Whose exclusive property is Customer Data and all worldwide Intellectual Property Rights therein?
Customer Data hosted by Fly.io as part of the Fly.io Services, and all worldwide Intellectual Property Rights therein, is the exclusive property of Customer.
What will Fly.io and its affiliates, suppliers, contractors, and licensors not be liable for?
Fly.io and its affiliates, suppliers, contractors, and licensors will not be liable for any special, consequential, exemplary, incidental, or indirect damages, including lost profits.
How does Fly.io bill all fees under the Agreement?
Fly.io bills all fees under the Agreement in advance on a monthly basis.
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Summary

This document is the contract between you and Fly.io governing your use of their cloud infrastructure services. Fly.io makes no warranties about its services and limits its financial liability to the fees you paid in the year before any claim. Fly.io can change these terms unilaterally with thirty days' notice to existing customers, suspend your access if fees go unpaid, and use your data to provide and improve its services.

Analysis

This Agreement establishes the terms under which Fly.io provides its Services to Customer, defining the scope of permitted use, data rights, payment obligations, and liability allocation between the parties. Customer retains exclusive ownership of Customer Data and all intellectual property rights therein, while granting Fly.io a non-exclusive, worldwide, royalty-free license to use Customer Data to provide and improve the Services. Fly.io disclaims all warranties and excludes liability for special, consequential, exemplary, incidental, and indirect damages, including lost profits, with aggregate liability capped at fees paid and payable in the twelve months preceding the claim. Customer bears indemnification obligations for third-party claims arising from non-compliant use of the Services, and Fly.io retains the unilateral right to modify the Agreement, suspend access for unpaid fees, and collect usage and performance data both from its own platform and from third-party sources.

What this means for you

As a Fly.io customer, your data and its intellectual property rights remain exclusively yours, but you grant Fly.io license to use that data to deliver and improve the Services. Fly.io collects usage and performance data about your activity on the platform and may obtain your usage data for third-party products from third parties. If Fly.io updates the Agreement, you have a thirty-day window from posting before the new terms bind you — during that window, you can review the changes and decide whether to continue using the Services. Fly.io bills fees monthly in advance, may suspend all access immediately upon any unpaid fee, and its total financial liability to you is capped at what you paid in the preceding twelve months, with no recovery available for lost profits or consequential damages.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

Featured, High severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

69 provisions
12 featured
17 clause types
34 high severity
Export Controls & Sanctions 1 1 high
Privacy Rights 1
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Mapped Governance Frameworks

CCPA/CPRA
California, USA
View official text ↗
Connecticut Data Privacy Act Amendments
US-CT
View official text ↗
CAN-SPAM
United States Federal
View official text ↗
DMA
European Union
View official text ↗
FTC Act Section 5
United States Federal
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GDPR
European Union
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Indiana Consumer Data Protection Act
US-IN
View official text ↗
Kentucky Consumer Data Protection Act
US-KY
View official text ↗
Universal Opt-Out Mechanism Expansion 2026
US
View official text ↗
VPPA
United States Federal
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured May 5, 2026 06:38 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000687
Version ID CA-V-001324
SHA-256 fd243a5d2ecadc67ac703a494f8e74a9bc1c2cac3aa8af81518ffde57446b3bd
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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