By using Fly.io, you also agree to a separate Acceptable Use Policy that can be updated independently, and violating it can result in immediate account suspension.
This analysis describes what Fly.io'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
The AUP is a separate document that defines prohibited conduct and is incorporated by reference, meaning its terms are legally binding even if you only reviewed the main Terms of Service.
You are legally bound by the Acceptable Use Policy even though it is a separate document that may be updated independently of the main terms. Violations of the AUP can trigger immediate account suspension without prior notice.
How other platforms handle this
Customer and its Users must use the Products in accordance with the Atlassian Acceptable Use Policy. Customer is responsible for ensuring that Users comply with this Agreement and the Atlassian Acceptable Use Policy.
You agree to comply with Adyen's Acceptable Use Policy, as updated from time to time, which forms part of these Terms and Conditions. Adyen reserves the right to update the Acceptable Use Policy at any time.
You may not use the Venmo services for any illegal purpose, to send money to any person or organization on a government sanctions list, for gambling, for purchasing or selling illegal goods or services, or for any activity that violates applicable law. You may not use Venmo for commercial transactio...
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"Your use of the Services is subject to Fly.io's Acceptable Use Policy, which is incorporated into these Terms by reference. By using the Services, you agree to comply with the Acceptable Use Policy as it may be updated from time to time.— Excerpt from Fly.io's Fly.io Terms of Service
REGULATORY LANDSCAPE: Incorporation by reference of separately maintained policy documents is common in technology service agreements and is generally enforceable, provided customers are given adequate notice of the incorporated document. Courts have occasionally scrutinized such provisions where the incorporated document was not clearly identified or accessible at the time of contracting. GOVERNANCE EXPOSURE: Medium. The AUP can be updated separately from the main terms, potentially creating situations where customers are bound by new restrictions without having reviewed updated terms. The breadth of AUP provisions and the immediacy of the suspension remedy for violations create operational risk. JURISDICTION FLAGS: EU customers may have additional rights regarding notice of changes to incorporated policy documents under consumer protection regulations. The enforceability of incorporation by reference depends in part on whether the incorporated document was reasonably accessible and identified at the time of contracting. CONTRACT AND VENDOR IMPLICATIONS: Legal and compliance teams should obtain and review the current AUP as part of any Fly.io vendor assessment. The AUP's prohibited use categories should be mapped against intended use cases to confirm compliance. AUP monitoring should be included in ongoing vendor compliance processes. COMPLIANCE CONSIDERATIONS: Customers should establish internal processes to monitor Fly.io's AUP for updates and to assess whether any changes affect permissible use cases. Legal teams should note that AUP violations can trigger immediate termination under the main terms, making AUP compliance a business continuity issue.
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The AUP is a separate document that defines prohibited conduct and is incorporated by reference, meaning its terms are legally binding even if you only reviewed the main Terms of Service.
You are legally bound by the Acceptable Use Policy even though it is a separate document that may be updated independently of the main terms. Violations of the AUP can trigger immediate account suspension without prior notice.
ConductAtlas has identified this type of provision across 11 platforms. See the full comparison.
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