Instead of going to court, you must resolve any dispute with Fireworks AI through private arbitration — one-on-one, not as part of a group lawsuit. This applies even to disputes that arose before you signed up.
Consumer impact (what this means for users)
This clause means that if Fireworks AI overcharges you, misuses your data, or harms your business, you cannot take them to court or join others in a class action — you must use private arbitration, which is typically more expensive and less favorable for individuals.
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
Send a written opt-out notice to Fireworks AI's legal team within 30 days of first agreeing to these Terms. Your notice should state your name, account email, and that you are opting out of the arbitration agreement under Section 16.2. Keep a copy of your sent message for your records.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and similar clauses.
Mandatory arbitration removes your ability to sue in court and can make it economically unviable to pursue smaller claims, since arbitration costs and procedural complexity may exceed the value of the dispute.
View original clause language
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 16.2 (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 16.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS.
(1) REGULATORY FRAMEWORK: Mandatory arbitration clauses in consumer contracts are regulated under the Federal Arbitration Act (FAA, 9 U.S.C. §1 et seq.). The FTC Act Section 5 (15 U.S.C. §45) applies where such clauses are used in a manner deemed unfair or deceptive. California's Arbitration Act (CCP §1280 et seq.) and the Consumer Legal Remedies Act (CLRA, Civil Code §1770) impose additional restrictions for California consumers. The CFPB has sought to limit pre-dispute arbitration clauses in financial contexts (12 CFR Part 1040).
(2)
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Compliance intelligence locked
Regulatory citations, enforcement risk, and due diligence action items.
State Attorneys General, particularly in California, have authority to challenge mandatory arbitration clauses under state consumer protection statutes including the CLRA.
ConductAtlas Policy Archive
Entity: Fireworks AI | Document: Fireworks AI Terms of Service | Record: CA-P-004228
Captured: 2026-04-30 07:18:56 UTC | SHA-256: 40b8f0c5ce0b435a…
URL: https://conductatlas.com/platform/fireworks-ai/fireworks-ai-terms-of-service/mandatory-individual-arbitration/
Accessed: May 2, 2026