Fireworks AI Terms of Service

This is Fireworks AI's Terms of Service governing who can use their AI model platform, what they can do with it, and what rights both sides have. The single most important thing for users to know is that by using the service, you waive your right to sue Fireworks AI in court or join a class action lawsuit — all disputes must go through individual binding arbitration, unless you opt out within 30 days of first agreeing to these Terms. If you want to preserve your right to sue in court, you must opt out of arbitration in writing within 30 days of account creation.

This Terms of Service governs access to and use of Fireworks AI's platform, APIs, and related software services, forming a binding contract upon account creation or service use. The most significant obligations include mandatory individual arbitration (Section 16.2), a class action and jury trial waiver (Section 16.3), broad indemnification obligations placed on users, and Fireworks AI's right to terminate accounts at any time with or without cause or notice. Notably, Fireworks AI claims a broad license to user-submitted content and inputs, prohibits use of its service content for competing AI/ML training, and disclaims virtually all warranties while capping its liability at fees paid in the prior 12 months — a limitation that significantly disadvantages enterprise users with high-value use cases. The document engages the FTC Act Section 5 (unfair/deceptive practices), CCPA (California privacy rights for California residents), COPPA (minor-use restrictions), and potentially the EU AI Act given the AI/ML nature of the service; the mandatory arbitration and class action waiver provisions also engage state consumer protection statutes in multiple jurisdictions, and the absence of explicit GDPR compliance language is a material gap for EU/EEA-based business customers.