You cannot use Fireworks AI to build a competing product, run benchmarks against it for competitive purposes, or engage in any other activity that Fireworks determines harms its business interests.
This analysis describes what Fireworks AI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This restriction limits how developers and businesses can use the service, including prohibiting competitive benchmarking, which is a common practice in the AI industry for evaluating model quality.
Interpretive note: The enforceability of anti-benchmarking and anti-competitive use clauses in software agreements varies by jurisdiction and has not been uniformly resolved under US or EU competition law.
The updated terms establish mandatory individual arbitration as the exclusive mechanism for resolving all disputes between you and Fireworks AI, including disputes that may have arisen before you agreed to these terms. The agreement also requires you to waive your right to seek relief in court, to have a jury trial, or to participate in any class action, collective, or representative proceeding. You can opt out of the arbitration provision by following the instructions provided in Section 16 of the terms.
View change record →Developers and AI researchers who want to benchmark Fireworks AI models against competitors or use the platform to inform the development of similar services are contractually prohibited from doing so.
How other platforms handle this
Additional restrictions might apply to government and utility businesses.
Microsoft reserves the right to restrict the export of data that may compromise the security of the services or Microsoft's intellectual property.
Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.
"use or display the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantageExcerpt from Fireworks AI's Terms of Service
(1) REGULATORY LANDSCAPE: Restrictions on competitive benchmarking in software licenses have been the subject of antitrust and competition law scrutiny.
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This restriction limits how developers and businesses can use the service, including prohibiting competitive benchmarking, which is a common practice in the AI industry for evaluating model quality.
Developers and AI researchers who want to benchmark Fireworks AI models against competitors or use the platform to inform the development of similar services are contractually prohibited from doing so.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fireworks AI.