If Fly.io causes you harm through a service failure or other problem, the most you can recover from them financially is whatever you paid them over the previous three months. You also cannot recover lost profits or business losses.
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
For businesses running critical applications on Fly.io, actual losses from a serious outage could far exceed three months of hosting fees, meaning this clause could leave customers with very limited financial recourse.
This clause limits Fly.io's financial responsibility to a maximum of three months of fees paid, regardless of actual business losses suffered. Customers running high-value workloads on the platform may find this cap inadequate to cover losses from a significant service disruption.
How other platforms handle this
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To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"IN NO EVENT WILL FLY.IO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL FLY.IO HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF FLY.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Fly.io's Fly.io Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses are generally enforceable in commercial contracts under US law, though enforceability may vary by state. California courts have occasionally scrutinized such clauses where they operate to effectively eliminate meaningful remedy. The FTC may evaluate whether such clauses, combined with other terms, constitute unfair or deceptive practices under the FTC Act, particularly for small business customers who may have limited bargaining power. GOVERNANCE EXPOSURE: High. The three-month cap is a significant financial risk allocation provision for enterprise customers. For organizations with substantial production workloads, the cap may represent a small fraction of potential actual damages from a serious service incident. This exposure should be quantified relative to the value of workloads deployed. JURISDICTION FLAGS: California, New York, and other jurisdictions with robust consumer protection statutes may place additional constraints on how limitation of liability clauses apply, particularly for non-negotiated consumer or small business agreements. International customers should assess whether local law may override or modify this provision. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should treat this cap as a key negotiation point and seek an MSA or enterprise agreement with higher or uncapped liability for specific incident categories such as data loss, security breaches, or extended outages. The clause as written shifts substantial operational and financial risk to the customer. COMPLIANCE CONSIDERATIONS: Legal teams should model worst-case scenarios relative to the three-month cap and determine whether supplemental contractual protections, cyber insurance, or multi-cloud redundancy strategies are warranted to address the gap between potential losses and recoverable amounts under this clause.
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For businesses running critical applications on Fly.io, actual losses from a serious outage could far exceed three months of hosting fees, meaning this clause could leave customers with very limited financial recourse.
This clause limits Fly.io's financial responsibility to a maximum of three months of fees paid, regardless of actual business losses suffered. Customers running high-value workloads on the platform may find this cap inadequate to cover losses from a significant service disruption.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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