Fly.io makes no guarantees about the reliability, uptime, or fitness of their services for any particular purpose. You use the platform at your own risk.
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 disclaimer means that if the service does not perform as expected or causes problems for your applications, Fly.io has no contractual obligation to compensate you beyond what is covered by any separately published Service Level Agreement.
The 'as is' warranty disclaimer means Fly.io does not guarantee that their services will be error-free, continuously available, or suitable for your specific use case. Any service level commitments would need to be found in a separate SLA document.
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THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUSTO DOES NOT WARRANT THAT THE SERVICES WILL BE...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI21 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ...
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"THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. FLY.IO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.— Excerpt from Fly.io's Fly.io Terms of Service
REGULATORY LANDSCAPE: As-is warranty disclaimers are standard in software-as-a-service and cloud infrastructure agreements and are generally enforceable in commercial contexts under the Uniform Commercial Code and common law. However, some consumer protection statutes may limit the enforceability of such disclaimers for non-commercial users. The interaction between this disclaimer and any separately published SLA should be reviewed carefully. GOVERNANCE EXPOSURE: Low in commercial context. This is industry-standard language for cloud infrastructure providers. The practical risk is that customers relying on informal representations about service reliability have no contractual basis for claims beyond what is in a written SLA. JURISDICTION FLAGS: EU and UK consumer protection regulations may limit as-is disclaimers for individual consumers. For business customers this provision is unlikely to face enforceability challenges in most jurisdictions. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement should request and review Fly.io's published SLA alongside these terms to understand what uptime commitments, if any, are contractually binding. The disclaimer combined with the liability cap creates a scenario where customers bear most of the risk of service unreliability. COMPLIANCE CONSIDERATIONS: Business continuity and risk management teams should factor the as-is disclaimer into infrastructure resilience planning. Applications requiring high availability should implement redundancy strategies that do not rely solely on Fly.io's service reliability.
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This disclaimer means that if the service does not perform as expected or causes problems for your applications, Fly.io has no contractual obligation to compensate you beyond what is covered by any separately published Service Level Agreement.
The 'as is' warranty disclaimer means Fly.io does not guarantee that their services will be error-free, continuously available, or suitable for your specific use case. Any service level commitments would need to be found in a separate SLA document.
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