Fireworks AI Terms of Service

This agreement establishes the terms governing use of Fireworks AI's platform, including API access for model inference, fine-tuning capabilities, and web interface. The agreement requires disputes to be resolved through individual binding arbitration rather than court proceedings, with an opt-out mechanism available by written notice within 30 days of initial acceptance. For organizational users, the agreement designates the business entity as responsible for all use of the platform by employees and contractors.

This document governs access to and use of the Fireworks AI platform, including its website, APIs, software, and related services, and establishes a binding contractual relationship between Fireworks AI and any individual or organizational user upon access or affirmative acceptance. The agreement states that users are granted a non-exclusive, limited, revocable license to use the Service for personal or internal business purposes, while the terms authorize Fireworks to terminate or suspend accounts with or without notice, with or without cause, and to modify the Service or these Terms at any time with notice of material changes. Notably, the terms include a mandatory individual arbitration clause with class action and jury trial waiver (Section 16.2-16.3), a broad intellectual property ownership assertion covering user-generated content (with a license grant to Fireworks), and a prohibition on using Service content or outputs for machine learning or AI training purposes by third parties, which is operationally distinct given the AI industry context and may create tension with how downstream users deploy outputs. The agreement engages the FTC Act (unfair and deceptive practices), CCPA (California Consumer Privacy Act) for California residents, GDPR considerations for EU users, and potentially COPPA given the minor-access provisions; applicability of these frameworks depends on user geography and whether Fireworks qualifies as a covered entity under each. Material compliance considerations include the opt-out window for mandatory arbitration, the scope of the IP license granted over user inputs and outputs, and the organizational account structure that places full liability for Org User conduct on the contracting Organization.

Users accept binding arbitration as the mechanism for dispute resolution, which precludes class action litigation and jury trials absent written opt-out notification submitted within 30 days of agreement acceptance. Business entities deploying the platform assume full legal responsibility for all conduct by organizational users under these terms. The arbitration provision applies to all covered disputes unless the opt-out procedure in Section 16.2 is executed within the specified timeframe.