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.
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Your subsequent use of content generated by AI Features.
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
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"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 Fly.io Terms of Service
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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 229 platforms. See the full comparison.
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