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Fly.io

fly.io

9 flagged clauses across 6 risk dimensions

C
⏱️
0min

to read this ToS

Fly.io's fine print is longer than you think.

📺Longer than an entire sitcom episode.

Caffeine required:
☕

The 5 things you actually need to know

  • 1

    Your subscription auto-renews unless you opt out. Watch out for that!

  • 2

    They can use your feedback to improve their services, but won't name you.

  • 3

    You're responsible for your data; they aren't obligated to back it up.

  • 4

    They can change the terms anytime. If you don't like it, stop using the service.

  • 5

    If you leave, you get your data back, but any fees paid are non-refundable.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

2 flags
  • Severity 3
    "Customer hereby grants to Fly.io a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Fly.io Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Authorized Users, relating to the Fly.io Services."

    You grant Fly.io a perpetual license to use your feedback to improve its services.

    Your suggestions and feedback can be used by Fly.io indefinitely to enhance their product without compensation to you.

  • Severity 3
    "Customer Data. The Customer Data hosted by Fly.io as part of the Fly.io Services, and all worldwide Intellectual Property Rights therein, is the exclusive property of Customer. Customer hereby grants to Fly.io a non-exclusive, worldwide, royalty-free and fully paid license (a) to use the Customer Data as necessary for purposes of providing the Fly.io Services to Customer and improving the Fly.io Services, and (b) to use the Customer trademarks, service marks, and logos as required to provide the Fly.io Services to Customer."

    Fly.io uses your data to provide and improve its services and may use your trademarks for service delivery.

    Fly.io has broad rights to use your data and branding to operate and enhance their platform.

🔄

Auto-renewal

1 flag
  • Severity 3
    "IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE FLY.IO SERVICES, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT FLY.IO’S THEN CURRENT FEES FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL PROCESS, AS SPECIFIED IN SECTION 9.2."

    Fly.io automatically renews your subscription for the same duration as the initial term at its current fees unless you opt out of automatic renewal.

    You will be charged for continued service unless you actively cancel your subscription before the renewal date.

💸

Price hikes

clear

No flags in this category.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

1 flag
  • Severity 2
    "Either party may terminate this Agreement for no reason or any reason upon written notice to the other party, effective immediately at the end of the then current Subscription Term."

    Either party can terminate this agreement for any reason with written notice, effective at the end of the current subscription term.

    You can cancel your service, but you will still be obligated to pay for the remainder of your current subscription term.

⚖️

Liability caps

2 flags
  • Severity 4
    "IN NO EVENT WILL FLY.IO OR ITS AFFILIATES, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THIS AGREEMENT OR THE FLY.IO SERVICES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

    Fly.io is not liable for any indirect, special, or consequential damages, including lost profits, related to the services.

    You cannot recover lost profits or other indirect damages from Fly.io if their service causes you financial harm.

  • Severity 4
    "TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLY.IO’S AND ITS AFFILIATES’, SUPPLIERS’, CONTRACTORS’, AND LICENSORS’ AGGREGATE CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT (INCLUDING THE FLY.IO SERVICES) WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID AND PAYABLE BY CUSTOMER TO FLY.IO FOR THE USE AND ACCESS TO THE FLY.IO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE APPLICABLE CLAIM."

    Fly.io's total liability to you is capped at the amount you paid for the services in the twelve months before the claim.

    Your ability to recover damages from Fly.io is limited to the fees you have paid over the preceding year.

🛡

Indemnification

1 flag
  • Severity 3
    "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 or relating to (a) any use of the Fly.io Services not in accordance with this Agreement or as specified in the Documentation; (b) any use of the Fly.io Services in combination with other products, equipment, software or data not supplied by Fly.io; (c) any modification of the Fly.io Services by any person other than Fly.io or its authorized agents; or (d) Customer’s breach or alleged breach of Section 4.1 (Customer Warranty)."

    You will defend Fly.io against lawsuits arising from your non-compliant use, combination with other products, modifications, or breach of warranty.

    You are responsible for defending Fly.io and covering costs if your actions lead to legal claims against them.

👻

Silent term changes

2 flags
  • Severity 3
    "THIS AGREEMENT IS SUBJECT TO CHANGE BY FLY.IO IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 12."

    Fly.io can change this agreement at any time at its sole discretion.

    The terms of service you agreed to can change without your explicit consent, potentially impacting your usage or costs.

  • Severity 3
    "Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for new customers and thirty (30) days after posting for existing customers. Fly.io may require customers to provide consent to the updated Agreement in a specified manner before further use of the Fly.io Services is permitted."

    Fly.io will make changes effective immediately for new customers and 30 days after posting for existing customers, potentially requiring consent.

    You must comply with updated terms within 30 days, and Fly.io may require explicit consent before you can continue using the services.