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
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
Monitoring
Fly.io has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"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.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.
Professional Governance Intelligence
Need to monitor specific governance provisions?
Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
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 228 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fly.io.