What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'legal@fireworks.ai', 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Opting out of the arbitration agreement (Section 16.2) also preserves your class action rights. Send written opt-out notice within 30 days of agreeing to the Terms, including your name and account email. Retain proof of submission.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority to challenge class action waivers in consumer contracts as unfair or deceptive practices under Section 5 of the FTC Act.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': "State Attorneys General have authority under state consumer protection laws, including California's CLRA, to challenge class action waivers that prevent consumers from vindicating statutory rights.", 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Class Action and Jury Trial Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Class Action and Jury Trial Waiver clauses across approximately 6 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Class Action and Jury Trial Waiver — Fireworks AI

Share 𝕏 Share in Share 🔒 PDF

What it is

You give up your right to a jury trial and your right to join with other users in a class action lawsuit against Fireworks AI.

Consumer impact (what this means for users)

This clause prevents you from joining other users to sue Fireworks AI collectively, even if many people were harmed in the same way — for example, by a data breach, billing error, or deceptive practice — making it much harder to achieve accountability.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration
Within 30 days
Opting out of the arbitration agreement (Section 16.2) also preserves your class action rights. Send written opt-out notice within 30 days of agreeing to the Terms, including your name and account email. Retain proof of submission.

Cross-platform context

See how other platforms handle Class Action and Jury Trial Waiver and similar clauses.

Compare across platforms →

Need full compliance memos? See Professional →

Why it matters (compliance & risk perspective)

Class actions allow many individuals with small claims to pool resources and hold companies accountable; waiving this right means each person must fight alone, which is often economically impractical for smaller disputes.

View original clause language

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Class action waivers in arbitration agreements are governed by the FAA (9 U.S.C. §1 et seq.) as interpreted by AT&T Mobility LLC v. Concepcion (563 U.S. 333, 2011). California's CLRA (Civil Code §1770) and McGill v. Citibank (2017) 2 Cal.5th 945 limit waivers of public injunctive relief. Private Attorney General Act (PAGA) claims in California may not be fully waivable per Viking River Cruises v. Moriana (2022). The CFPB's 2017 arbitration rule (12 CFR Part 1040), though vacated, reflects regulatory intent to limit class waivers. (2)

🔒

Compliance intelligence locked

Regulatory citations, enforcement risk, and due diligence action items.

Watcher $9.99/mo Professional $149/mo

Watcher: regulatory citations. Professional: full compliance memo.

Applicable agencies

FTC

The FTC has authority to challenge class action waivers in consumer contracts as unfair or deceptive practices under Section 5 of the FTC Act.
File a complaint →
State AG

State Attorneys General have authority under state consumer protection laws, including California's CLRA, to challenge class action waivers that prevent consumers from vindicating statutory rights.
File a complaint →

Provision details

Document information

Document

Fireworks AI Terms of Service

Entity

Fireworks AI

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004229

Document ID

CA-D-00485

Evidence Provenance

Source URL

https://fireworks.ai/terms-of-service

Wayback Machine

View archived versions →

SHA-256

40b8f0c5ce0b435a3681c55080f888726c2fc18235cc77622772ebad46937662

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Fireworks AI | Document: Fireworks AI Terms of Service | Record: CA-P-004229
Captured: 2026-04-30 07:18:56 UTC | SHA-256: 40b8f0c5ce0b435a…
URL: https://conductatlas.com/platform/fireworks-ai/fireworks-ai-terms-of-service/class-action-and-jury-trial-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Class Action and Jury Trial Waiver