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 disputes between you and Fireworks AI, including claims that arose before you agreed to these terms. You waive your right to seek relief in a court of law, have a jury trial, or participate in any class, collective, or representative action. You can opt out of arbitration by following the instructions provided in Section 16 of the updated terms, but if you do not opt out, all disputes will proceed through binding individual arbitration.
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
We reserve the right to evaluate and restrict any use cases related to illegal or controlled substances in accordance with the policies and compliance standards of our downstream providers.
We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
If Anyscale reasonably believes the Platform Services (or any component thereof) could infringe any third party’s Intellectual Property Rights, Anyscale may, at its sole option and expense, use commercially reasonable efforts to: (a) modify or replace the Platform Services...to make it non-infringin...
"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 250 platforms. See the full comparison.
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