Fly.io Terms of Service
Thank you for using fly.io! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using fly.io. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
|Section||What can you find there?|
|A. Definitions||Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.|
|B. Account Terms||These are the basic requirements of having an account on fly.io.|
|C. Acceptable Use||These are the basic rules you must follow when using your fly.io account.|
|D. User-Generated Content||You own the content you post on fly.io. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.|
|E. Applications||This section talks about how fly.io will treat content you store for your applications.|
|F. Copyright & DMCA Policy||This section talks about how fly.io will respond if you believe someone is infringing your copyrights on fly.io.|
|G. Intellectual Property Notice||This describes fly.io's rights in the website and service.|
|H. API Terms||These are the rules for using fly.io's APIs, whether you are using the API for development or data collection.|
|I. Payment||You are responsible for payment. We are responsible for billing you accurately.|
|J. Cancellation and Termination||You may cancel this agreement and close your account at any time.|
|K. Communications with fly.io||We only use email and other electronic means to stay in touch with our users. We do not provide phone support.|
|L. Disclaimer of Warranties||We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.|
|M. Limitation of Liability||We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.|
|N. Release and Indemnification||You are fully responsible for your use of the service.|
|O. Changes to these Terms of Service||We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.|
|P. Miscellaneous||Please see this section for legal details including our choice of law.|
Effective date: March 27, 2018
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the fly.io Privacy Statement, available at fly.io/docs/privacy/) and procedures that we may publish from time to time on the Website.
- The “Service” refers to the applications, software, products, and services provided by fly.io.
- The “Website” refers to fly.io’s website located at fly.io, and all content, services, and products provided by fly.io at or through the Website. It also refers to fly.io-owned subdomains of fly.io, such as play.fly.io. These Terms also govern fly.io’s product websites, such as onehostname.com. Occasionally, websites owned by fly.io may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
- “fly.io,” “We,” and “Us” refer to fly.io, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
Short version: A human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one trial account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
We have a few simple rules for accounts on fly.io's Service.
- You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
- A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account.
- One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
- You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. fly.io does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
- Overall, the number of Users must not exceed the number of accounts you've ordered from us.
You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- You are responsible for maintaining the security of your account and password. fly.io cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify fly.io if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
In some situations, third parties' terms may apply to your use of fly.io. For example, you may be a member of an organization on fly.io with its own terms or license agreements; you may download an application that integrates with fly.io; or you may use fly.io to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
Short version: fly.io hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using fly.io, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including fly.io employees, officers, and agents, or other fly.io Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with fly.io's servers in ways that could harm our Website or Service, to place undue burden on fly.io's servers through automated means, or to access fly.io's Service in ways that exceed your authorization);
- impersonate any person or entity, including any of our employees or representatives, including through false association with fly.io, or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without fly.io's express written permission.
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through fly.io's API. Please see Section H for our API Terms. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from fly.io for research purposes, only if any publications resulting from that research are open access.
- Archivists may scrape fly.io for public data for archival purposes.
You may not scrape fly.io for spamming purposes, including for the purposes of selling fly.io users' personal information, such as to recruiters, headhunters, and job boards.
All use of fly.io data gathered through scraping must comply with the fly.io Privacy Statement.
Misuse of fly.io Users' Personal Information is prohibited.
Any person, entity, or service collecting data from fly.io must comply with the fly.io Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the fly.io Privacy Statement). If you collect any fly.io User's Personal Information from fly.io, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from fly.io, and you will respond promptly to complaints, removal requests, and "do not contact" requests from fly.io or fly.io Users.
For free fly.io services: If we determine your bandwidth usage on to be significantly excessive in relation to other fly.io customers, we reserve the right to suspend your account or throttle your service until you can reduce your bandwidth consumption.
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any fly.io terms or policies.
You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other fly.io Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting fly.io the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to serve application requests and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant fly.io the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
By adding a collaborator to your Application, or to an Organization, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant fly.io Services functionality or features for the sole purpose of collaborating on development of the Application(s).
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant fly.io the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
Short version: You may have access to applications. We treat the content of applications as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.
Accounts may have applications, which allow the User to control access to Content.
fly.io considers the contents of private repositories to be confidential to you. fly.io will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
fly.io employees may only access the content of your private repositories in the following situations:
- With your consent and knowledge, for support reasons. If fly.io accesses an application for support reasons, we will only do so with the owner’s consent and knowledge.
- When access is required for security reasons.
You may choose to enable additional access to your applications. For example:
- You may enable various fly.io services or features that require additional rights to Your Content in applications. These rights may vary depending on the service or feature, but fly.io will continue to treat your private application Content as confidential. If those services or features require rights in addition to those we need to provide the fly.io Service, we will provide an explanation of those rights.
- You may also grant a third-party application authorization to use, access, and disclose the contents of your applications. Your use of third-party applications is at your sole risk; fly.io is not liable for disclosures to third parties that you authorize to access a private application.
If we have reason to believe the contents of an application are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your applications.
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on fly.io violates your rights, please contact us by emailing firstname.lastname@example.org. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of repeat infringers of this policy.
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
If you’d like to use fly.io’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://fly.io/logos.
Short version: You agree to these Terms of Service, plus this Section H, when using any of fly.io's APIs (Application Provider Interface), including use of the API through a third party product that accesses fly.io.
Abuse or excessively frequent requests to fly.io via the API may result in the temporary or permanent suspension of your account's access to the API. fly.io, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed fly.io's rate limitations.
All use of the fly.io API is subject to these Terms of Service and the fly.io Privacy Statement.
fly.io may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of fly.io's Service.
Short version: You are responsible for any fees associated with your use of fly.io. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
Our pricing and payment terms are available at fly.io/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
- We will immediately bill you when you provision a paid service, once any applicable "free trial" period expires.
- If you change from a monthly billing plan to a yearly billing plan, fly.io will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by logging in and removing paid applications from your account or organization. If you choose to remove paid services, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.
- For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
- In order to treat everyone equally, no exceptions will be made.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for fly.io.
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay fly.io any charge incurred in connection with your use of the Service. If you dispute the matter, contact fly.io Support. You are responsible for providing us with a valid means of payment for paid accounts.
Short version: You may close your account at any time. If you do, we'll treat your information responsibly.
It is your responsibility to properly cancel your account with fly.io. You can cancel your account at any time by emailing email@example.com.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your applications within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.
We will not delete Content that you have contributed to other Users' applications.
Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
fly.io has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. fly.io reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Short version: We use email and other electronic means to stay in touch with our users.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or fly.io Support's messaging system will not constitute legal notice to fly.io or any of its officers, employees, agents or representatives in any situation where notice to fly.io is required by contract or any law or regulation. Legal notice to fly.io must be in writing.
fly.io only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
fly.io provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
fly.io does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release fly.io from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that fly.io (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases fly.io of all liability); and (3) provides to you all reasonable assistance, at your expense.
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and fly.io and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and fly.io agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
fly.io may assign or delegate these Terms of Service and/or the fly.io Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of fly.io to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of fly.io, or by the posting by fly.io of a revised version in accordance with Section O. Changes to These Terms. These Terms of Service, together with the fly.io Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and fly.io relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us.