The customer is required to defend and indemnify Fly.io against legal claims arising from unauthorized use, use in combination with non-Fly.io products, modifications made by non-Fly.io parties, or breach of the customer warranty provisions.
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
This provision requires the customer to bear the cost of defending Fly.io against claims that arise from the customer's use or configuration of the platform, including use in combination with third-party tools, which is a common operational pattern for cloud infrastructure customers.
Under this clause, the customer is financially responsible for defending and paying damages in lawsuits against Fly.io that arise from the customer's use patterns, including integration of Fly.io with third-party products or data not supplied by Fly.io.
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Compare across platforms →"Customer will defend at its expense any suit brought against Fly.io, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) any use of the Fly.io Services not in accordance with this Agreement or as specified in the Documentation; (b) any use of the Fly.io Services in combination with other products, equipment, software or data not supplied by Fly.io; (c) any modification of the Fly.io Services by any person other than Fly.io or its authorized agents; or (d) Customer's breach or alleged breach of Section 4.1 (Customer Warranty).Excerpt from Fly.io's Terms of Service
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This provision requires the customer to bear the cost of defending Fly.io against claims that arise from the customer's use or configuration of the platform, including use in combination with third-party tools, which is a common operational pattern for cloud infrastructure customers.
Under this clause, the customer is financially responsible for defending and paying damages in lawsuits against Fly.io that arise from the customer's use patterns, including integration of Fly.io with third-party products or data not supplied by Fly.io.
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