Fireworks AI policy evolution

“The specific business or commercial purposes for which we have collected and disclosed your personal information and the categories of sources from which we collect your personal information are described in the section above, Collection and Use Your Information. The third parties that we have disclosed your information to are described in Section 4 (Disclosure of Your Information) above. We only use and disclose sensitive personal information for the purposes specified in the CCPA or otherwise in line with your consent. The criteria we use to determine how long to retain your personal information is described in the section above, Data Security and Retention. 12.2 Selling and/or Sharing of Personal Information: We do not “sell” or “share” (as those terms are defined under the CCPA) personal information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we “sell” or “share” personal information of residents under 16 years of age. 12.3 California Account Holders Under 18: Any California residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information available to others on the Services can request that such information be removed from the Services by contacting us at the e-mail address set forth in the section below, How to Contact Us. Such request must state that they personally posted such content or information and detail where the content or information is posted.”

“usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form that does not include your Content. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including Intellectual Property Rights, in and to the Service.”

“The specific business or commercial purposes for which we have collected and disclosed your personal information and the categories of sources from which we collect your personal information are described in the section above, Collection and Use Your Information. The third parties that we have disclosed your information to are described in Section 4 (Disclosure of Your Information) above. We only use and disclose sensitive personal information for the purposes specified in the CCPA or otherwise in line with your consent. The criteria we use to determine how long to retain your personal information is described in the section above, Data Security and Retention. 12.2 Selling and/or Sharing of Personal Information: We do not “sell” or “share” (as those terms are defined under the CCPA) personal information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we “sell” or “share” personal information of residents under 16 years of age. 12.3 California Account Holders Under 18: Any California residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information available to others on the Services can request that such information be removed from the Services by contacting us at the e-mail address set forth in the section below, How to Contact Us. Such request must state that they personally posted such content or information and detail where the content or information is posted.”

“19.7. Our Publicity Rights You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to any standard trademark usage guidelines that you provide to us from time-to-time. We will promptly stop doing so upon receipt of your request sent to support@fireworks.ai. 19.8. Force Majeure. Except for payments due under these Terms, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control, including, without limitation, acts of God (fire, storm, floods, earthquakes, etc.); civil disturbances; pandemic; disruption of telecommunications, power or other essential services; interruption or termination of service by any service providers used by Fireworks to host or provide portions of the Service or to link its servers to the Internet; labor disturbances; vandalism; cable cut; computer viruses or other similar occurrences; or any malicious or unlawful acts of any third party. 19.9. Contact. If you have any questions about these Terms and/or the Service, please contact us at support@fireworks.ai.”

“3.2 Rights to User Content. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. As between you and us, all User Content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the Service by you is and will remain yours. The Service may provide mechanisms for users to share User Content (such as models and deployments) and Output (as defined below) so other Users may use them. By default, this sharing is off and must be explicitly turned on if so desired. If you do turn on User Content and Output sharing within the Service, you understand that, per the below license grant to other Users, certain functionalities of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content and/or your Output. We have the right (but not the obligation) to remove any User Content or Output, at our sole discretion. By submitting, posting, displaying, providing, sharing, or otherwise making available any User Content or Output on or through the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Fireworks a fully paid, royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, copy, reproduce, store, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Output and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and Fireworks’s (and its subsidiaries’ and affiliates’) business, including,”

“3.4. Grant of License. By making Input available to the Service, you grant Fireworks a worldwide, royalty-free, and non-exclusive license to reproduce, view, and use the Input for the purpose of providing the Service to you (including, without limitation, to generate Output). Furthermore, by generating Output, you grant Fireworks a worldwide, royalty-free, and non-exclusive license to reproduce, view, and use the Output for the purpose of providing the Service to you. 3.5. Fireworks is not PCI Compliant. Notwithstanding any other language in these Terms to the contrary, you acknowledge and agree as follows: (a) that Fireworks is not PCI compliant, and is under no obligation to become PCI compliant; (ii) that, other than to maintain any certifications the Fireworks currently holds, Fireworks is under no obligation to pursue compliance for any additional industry standards or certifications at your request; and (iii) that, if and when a situation arises where you or your Users are processing Content through the Service for which Fireworks does not maintain the requisite compliance or certifications, Fireworks will not be liable under these Terms for any such processing, and your sole remedy will be for you to cease the processing of such Content going forward. 3.6. Zero Data Retention. We will not use your Content to train our own models or to improve the Service. We will not retain any Content for longer than is necessary to provide the Service to you.”

“usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form that does not include your Content. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including Intellectual Property Rights, in and to the Service.”

“The specific business or commercial purposes for which we have collected and disclosed your personal information and the categories of sources from which we collect your personal information are described in the section above, Collection and Use Your Information. The third parties that we have disclosed your information to are described in Section 4 (Disclosure of Your Information) above. We only use and disclose sensitive personal information for the purposes specified in the CCPA or otherwise in line with your consent. The criteria we use to determine how long to retain your personal information is described in the section above, Data Security and Retention. 12.2 Selling and/or Sharing of Personal Information: We do not “sell” or “share” (as those terms are defined under the CCPA) personal information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we “sell” or “share” personal information of residents under 16 years of age. 12.3 California Account Holders Under 18: Any California residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information available to others on the Services can request that such information be removed from the Services by contacting us at the e-mail address set forth in the section below, How to Contact Us. Such request must state that they personally posted such content or information and detail where the content or information is posted.”

“WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. As between you and us, all User Content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the Service by you is and will remain yours.”

“3.1 Definitions. For the purposes of these Terms: (a) “Input” means any data, images, code, or other content (including, without limitation, text, graphics, audio files, video files, or computer software) that you either: (i) publish, upload to, or use in conjunction with the Service; (ii) make available in conjunction with the Service, or (iii) allow the Service to access, (b) “Output” means content and/or data generated by the Service in response to a User query; and (c) “Content” means, collectively, your Input and Output. If you are an Org User, then we may, in our sole discretion, assume that all of your Content belongs to the applicable Organization. 3.2. Ownership of Content. As between the parties, you own all right, title and interest in and to your Content. You acknowledge and agree that you are entirely responsible for your Content, and for any harm or liability resulting from or arising out of that Content. Your responsibility applies whether or not you were the original creator or owner of the Content. 3.3 Warranties. By making Input available to the Service, you represent and warrant that: (i) the Input does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party; (ii) you have obtained all rights and permissions necessary to provide us with access to the Input, and to use the Input in the manner in which you have used it; (iii) Fireworks’ use of the Input for the purpose of providing the Service does not and will not (a) violate any applicable laws or regulations, or (b) infringe, violate, or misappropriate the Intellectual Property Rights of any third party; (iv) you have fully complied with any third-party licenses relating to the Input; (v) your Input does not include nudity or other sexually suggestive”

“We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “ Usage Data ”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form.”

“3.4. Grant of License. By making Input available to the Service, you grant Fireworks a worldwide, royalty-free, and non-exclusive license to reproduce, view, and use the Input for the purpose of providing the Service to you (including, without limitation, to generate Output). Furthermore, by generating Output, you grant Fireworks a worldwide, royalty-free, and non-exclusive license to reproduce, view, and use the Output for the purpose of providing the Service to you. 3.5. Fireworks is not PCI Compliant. Notwithstanding any other language in these Terms to the contrary, you acknowledge and agree as follows: (a) that Fireworks is not PCI compliant, and is under no obligation to become PCI compliant; (ii) that, other than to maintain any certifications the Fireworks currently holds, Fireworks is under no obligation to pursue compliance for any additional industry standards or certifications at your request; and (iii) that, if and when a situation arises where you or your Users are processing Content through the Service for which Fireworks does not maintain the requisite compliance or certifications, Fireworks will not be liable under these Terms for any such processing, and your sole remedy will be for you to cease the processing of such Content going forward. 3.6. Zero Data Retention. We will not use your Content to train our own models or to improve the Service. We will not retain any Content for longer than is necessary to provide the Service to you.”

“• No AI Training on Your Data: We do not use your prompts, training data, or API inputs to train or improve our AI models without your explicit opt-in.”

“We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “ Usage Data ”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form.”