Provision record
Fly.io · Fly.io Terms of Service · View original document ↗

Liability limitations survive failure of essential purpose

High severity Explicitdocumentlanguage Common · 292 of 352 platforms
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How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

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▸ View Original Clause Language DOCUMENT RECORD
"
IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN WILL REMAIN IN EFFECT.

Excerpt from Fly.io's Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Fly.io Terms of Service
Entity
Fly.io
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
July 9, 2026
Record ID
CA-P-058097
Document ID
CA-D-00687
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
fd243a5d2ecadc67ac703a494f8e74a9bc1c2cac3aa8af81518ffde57446b3bd
Analysis generated
May 7, 2026 18:32 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Fly.io
Document: Fly.io Terms of Service
Record ID: CA-P-058097
Captured: 2026-05-07 18:32:58 UTC
SHA-256: fd243a5d2ecadc67…
URL: https://conductatlas.com/platform/flyio/flyio-terms-of-service/provision/CA-P-058097/liability-limitations-survive-failure-of-essential-purpose/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does Fly.io's Liability limitations survive failure of essential purpose clause do?

The clause states: “IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN WILL REMAIN IN EFFECT.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.

Is ConductAtlas affiliated with Fly.io?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fly.io.