“Customer will defend at its expense any suit brought against Fly.io, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of... any use of the Fly.io Services not in accordance with this Agreement...”
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 indemnification obligation places the financial and legal burden on the Customer whenever a third party sues Fly.io based on the Customer's non-compliant use of the Services.
Interpretive note: The excerpt contains an ellipsis ('...') before 'any use of the Fly.io Services not in accordance with this Agreement,' indicating other triggering grounds for indemnification exist but are not shown; the canonical claim addresses only the ground visible in the excerpt.
If a suit is brought against Fly.io based on your non-compliant use of the Services, you are required to defend Fly.io at your expense and cover any resulting settlement or damages.
How other platforms handle this
Customer's modification of the CS Service not described in the Documentation or otherwise expressly authorized by Contentsquare in writing
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
"Customer will defend at its expense any suit brought against Fly.io, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of... any use of the Fly.io Services not in accordance with this Agreement...Excerpt from Fly.io's Terms of Service
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This indemnification obligation places the financial and legal burden on the Customer whenever a third party sues Fly.io based on the Customer's non-compliant use of the Services.
If a suit is brought against Fly.io based on your non-compliant use of the Services, you are required to defend Fly.io at your expense and cover any resulting settlement or damages.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fly.io.