Fireworks AI Terms of Service

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.