Fireworks AI caps the total amount of money it can owe you in damages at the fees you paid in the prior 12 months — meaning even if they cause significant harm, your financial recovery is severely limited.
If Fireworks AI's platform fails, loses your data, or otherwise causes you serious harm, the maximum compensation you can receive is capped at what you paid over the prior 12 months — regardless of your actual losses.
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See how other platforms handle Limitation of Liability and similar clauses.
Compare across platforms →For enterprise customers with high-value workloads, a 12-month fee cap may represent a tiny fraction of the actual business losses caused by platform failure, data loss, or service disruption.
(1) REGULATORY FRAMEWORK: Limitation of liability clauses are governed by UCC Article 2 and common law unconscionability doctrine. California Civil Code §1668 prohibits limitation of liability for willful injury or fraud. GDPR Art. 82 imposes liability on data processors for GDPR breaches that cannot be contractually excluded. Consumer protection statutes in multiple states (California UCL, New York GBL §349) may limit enforceability where the cap prevents vindication of statutory rights. (2)
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