Fly.io's total liability to the customer is capped at fees paid in the 12 months before the claim arose, and Fly.io excludes liability for consequential, indirect, exemplary, and lost-profits damages entirely.
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 establishes a financial ceiling on recoverable damages tied to historical fees paid, and excludes categories of damages that may represent the most significant losses in a service disruption or data incident scenario, such as lost profits or consequential business losses.
Under this clause, the maximum amount recoverable from Fly.io for any claim is limited to fees paid in the preceding 12 months, and no recovery is available for lost profits, consequential, or indirect damages regardless of the circumstances of the loss.
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"IN NO EVENT WILL FLY.IO OR ITS AFFILIATES, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THIS AGREEMENT OR THE FLY.IO SERVICES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLY.IO'S AND ITS AFFILIATES', SUPPLIERS', CONTRACTORS', AND LICENSORS' AGGREGATE CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT (INCLUDING THE FLY.IO SERVICES) WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID AND PAYABLE BY CUSTOMER TO FLY.IO FOR THE USE AND ACCESS TO THE FLY.IO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE APPLICABLE CLAIM.Excerpt from Fly.io's Terms of Service
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This provision establishes a financial ceiling on recoverable damages tied to historical fees paid, and excludes categories of damages that may represent the most significant losses in a service disruption or data incident scenario, such as lost profits or consequential business losses.
Under this clause, the maximum amount recoverable from Fly.io for any claim is limited to fees paid in the preceding 12 months, and no recovery is available for lost profits, consequential, or indirect damages regardless of the circumstances of the loss.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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