Developer / Coding · fireworks.aiFireworks AI
Graded against 804 verified platforms, from its own policy text. Automated assessment against a published rubric — not legal advice.
No lens is bandable yet — banding requires fully verified documents with on-criteria findings. The gap is shown honestly, never estimated.
“a) you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use; b) you have obtained,…”
Watch: Commercial use
Start here. These are the highest-risk verified clauses AIRIN found in the platform's own policy text.
This segment restricts users from using the Service for any commercial solicitation purposes, limiting permissible commercial activity on the platform.
Exclusive binding arbitration removes access to court litigation. The default venue of Sussex County, Delaware may impose geographic and cost burdens on users outside the U.S. The platform's terms override JAMS rules in case of conflict.
This clause carves out exceptions to the arbitration requirement, permitting Fireworks to seek injunctive or equitable relief in court to protect its intellectual property, confidential information, or data security, and permitting users to assert claims in small claims court on an individual basis.
How to read this page: Overall risk rates what Fireworks AI's own policy terms mean for your prompts, outputs, and data. The benchmark bands below grade those same verified terms relative to peers — a platform in a risky-by-default category can rate HIGH risk and still grade STRONG against its peer set. Both trace to the cited findings.
Fully verified — complete core corpus captured and read in full.
- Privacy PolicyVerified - read in full - 81 citationsstaticLast captured 2026-08-14
- Terms of ServiceVerified - read in full - 120 citationsPDF · 15 pagespdf textLast captured 2026-08-17
Only citation-backed plan differences are shown here; absent cells mean AIRIN has not verified a tier-specific claim.
Grants Fireworks a worldwide, royalty-free, non-exclusive license to reproduce, view, and use Input and Output for the purpose of providing the Service to the user; the license scope is limited to service delivery and does not extend to training or other broader uses.
"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, with..."
Requires users to assign all rights, title, and interest in Feedback to Fireworks, permits Fireworks to use Feedback for any purpose without attribution or compensation, and classifies Feedback as Fireworks's Confidential Information, transferring full intellectual property ownership to Fireworks.
"Service or to any other Fireworks products or services (collectively, “Feedback”), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. Accordingly, we are free to use the ..."
This clause prohibits Fireworks from using user prompts, training data, or API inputs to train or improve its AI models without explicit opt-in — a user-favorable restriction that bars training use absent affirmative consent.
" • 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. "
This clause restricts U.S. Government users to only those rights granted to all other users under the Terms, classifying the Service as commercial computer software under applicable federal acquisition regulations (48 C.F.R. §227.7202 and §12.212), thereby limiting the government's ability to claim broader rights in the Service.
" To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the..."
Grants users a non-exclusive, limited, non-transferable, revocable right to access and use the Service solely for personal use or internal business purposes, subject to compliance with the Terms; reserves all rights not expressly granted and notes certain features require a Subscription.
"2.1. Access to the Service. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, limited, non-transferable, revocable right to access and use the Service, solely for your personal use or internal business purpos..."
Restricts users from buying, selling, or transferring API keys without Fireworks's prior written consent in each instance.
"d) buy, sell or transfer API keys without our prior written consent in each case;"
Cross-references earlier sections of the privacy notice for the specific purposes and sources of collection and the third parties to whom information is disclosed, and states that sensitive personal information is only used and disclosed for specified purposes or with consent; also incorporates the retention criteria described elsewhere in the notice.
" 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 a..."
States that this section supplements the privacy notice and applies only to residents of qualifying states with privacy laws similar to the referenced statute; defines how references to personal information include sensitive personal information as defined under those laws; and introduces the categories of personal information collected and disclosed in the preceding 12 months.
" This section supplements the other sections of this Privacy Notice and applies to you only if you are a resident of California or another U.S. state that has passed a privacy law similar to the California Consumer Privacy Act (“ CCPA ”) th..."
Evidence appendix
Showing priority citations first. The full appendix is available for audit trails; not every citation is a severe risk.
"Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable."
Restricts U.S. Government agencies and their contractors to only the same rights granted to all other users, limiting any special or expanded government rights, and incorporates specific federal acquisition regulations by reference.
AI-generated interpretation, not legal advice.
" n) use the Service for any commercial solicitation purposes;"
This segment restricts users from using the Service for any commercial solicitation purposes, limiting permissible commercial activity on the platform.
AI-generated interpretation, not legal advice.
"By connecting to the Service via a third-party service, you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service."
The permission to 'access and use' information from third-party services is not narrowly scoped, and storing login credentials/access tokens introduces security and privacy risks.
AI-generated interpretation, not legal advice.
"We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service."
Unilateral modification with retroactive effect and constructive acceptance via continued use is a high-risk provision. Users have no meaningful ability to negotiate changes; terms also apply retroactively to the start of use.
AI-generated interpretation, not legal advice.
"We have the right (but not the obligation) to remove any User Content or Output, at our sole discretion."
Sole discretion removal without notice, obligation, or appeal mechanism gives Fireworks broad enforcement power over user content and outputs. The 'no obligation' language also means Fireworks cannot be compelled to act on harmful content.
AI-generated interpretation, not legal advice.
" 8.5 Promotional Offers. We may from time to time offer special promotional offers, plans, or memberships (“ Promotional Offers ”). Promotional Offer eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer in the event that we determine you are not eligible. We may use information such as device ID, method of payment, and/or an email address used in connection with your User Account to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you. You understand and acknowledge that any Promotional Offers, including, without limitation, relating to Subscriptions, are subject to change at any time and from time to time."
This clause restricts eligibility for Promotional Offers to criteria determined solely by Fireworks, reserves the right to revoke offers if eligibility criteria are not met, and discloses that account data such as device ID, payment method, and email may be used to determine eligibility, creating a conditional and revocable promotional tier.
AI-generated interpretation, not legal advice.
" h) use the Service in any manner or for any purpose that (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including, but not limited to, Intellectual Property Rights (as defined below), privacy rights, and/or rights of personality, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us or to our providers, our suppliers, Users, or any other third party;"
This segment restricts use of the Service for purposes that violate applicable law, infringe intellectual property or privacy rights, are fraudulent or defamatory, promote hatred or violence, or are otherwise harmful or objectionable to Fireworks or third parties, establishing content and use prohibitions enforceable at Fireworks' discretion.
AI-generated interpretation, not legal advice.
"In accordance with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement."
Beyond the DMCA's repeat-infringer policy, Fireworks reserves unilateral discretion to terminate or restrict accounts on a single infringement allegation, without requiring repeat conduct. This gives the platform expansive enforcement power with limited procedural protections for users.
AI-generated interpretation, not legal advice.
" 18.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void. 18.2 Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Service, as we determine, at our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. "
This segment restricts the user from transferring or assigning rights under the Terms without prior written consent from the provider, while permitting the provider to assign without restriction; it also voids any attempted assignment in violation of this rule, establishing an asymmetric assignment regime that governs the parties' contractual relationship.
AI-generated interpretation, not legal advice.
"the Service or authorized by us; k) bypass any measures we may use to prevent or restrict access to the Service (including, without limitation, features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof);"
Prohibits bypassing any measures Fireworks uses to prevent or restrict access, copying, or use of the Service or any portion thereof.
AI-generated interpretation, not legal advice.
"we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk."
The 'at your own risk' acknowledgment undermines any implied duty of care in data security, potentially limiting the platform's liability in the event of a breach.
AI-generated interpretation, not legal advice.
" In no event will any Fireworks indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00), whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law."
This clause caps Fireworks' aggregate liability to the greater of the amount the user paid or $100 USD, applies this cap regardless of the legal theory of liability, and acknowledges that some jurisdictions may not permit such limitations, qualifying the cap's applicability.
AI-generated interpretation, not legal advice.
"15. Limitation of Liability. 15.1. Disclaimer of Consequential Damages. To the maximum extent permitted by Applicable Law, in no event"
Introduces a limitation of liability section and disclaims, to the maximum extent permitted by law, the provider's liability for indirect, punitive, incidental, special, consequential, or exemplary damages including loss of profits, goodwill, use, or data, arising from use of or inability to use the service.
AI-generated interpretation, not legal advice.
"will Fireworks or any Fireworks Indemnitee be liable to you or to any third party for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service or any portion thereof. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your User Account, or the information contained therein. 15.2. Additional Disclaimers. To the maximum extent permitted by Applicable Law, Fireworks assumes no liability or responsibility for, and expressly disclaims: (a) any errors, mistakes, or inaccuracies in the Content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;"
Extends the consequential damages disclaimer to specifically exclude provider responsibility for damage resulting from hacking, tampering, or unauthorized access to the service or user accounts, limiting liability for security-related losses.
AI-generated interpretation, not legal advice.
"stored therein; (d) any interruption or cessation of transmission to or from the Service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (f) any errors or omissions in any Content, or any loss or damage incurred as a result of the use of any Content transmitted or otherwise made available through the Service; and/or (g) any defamatory, offensive, or illegal conduct of any third party. 15.3. Limitation of Total Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIREWORKS OR ANY FIREWORKS INDEMNITEE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (I) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US IN FEES FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM; OR (II) ONE HUNDRED DOLLARS ($100). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 15.4. General. Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so some of the above exclusions and/or limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. "
Completes the enumerated exclusions of liability, covering bugs, viruses, errors or omissions in content, and third-party illegal or offensive conduct, and introduces a total liability cap to the maximum extent permitted by law.
AI-generated interpretation, not legal advice.
"The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Law. The provisions of this “Limitation of Liability” section allocate the risks under these Terms between the parties, and the parties have relied on these limitations in determining whether to enter into these Terms and the pricing for the Service. This “Limitation of Liability” section will be given full effect even if any remedy specified in these Terms is deemed to have failed of its essential purpose."
States that the liability disclaimers and limitations do not apply where prohibited by law, explains that the limitations allocate risk between the parties and were relied upon in pricing, and provides that the limitation of liability section has full effect even if any specified remedy fails its essential purpose.
AI-generated interpretation, not legal advice.
"By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States."
The clause incorporates by reference a Privacy Notice whose terms are unknown from this document. The explicit acknowledgment of US data transfer is relevant for non-US users under GDPR or similar regimes.
AI-generated interpretation, not legal advice.
"we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “ Arbitrator ”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “ Rules ”), except as provided herein. JAMS may be contacted at www.jamsadr.com , where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Sussex County, Delaware, unless you and Fireworks agree otherwise."
Exclusive binding arbitration removes access to court litigation. The default venue of Sussex County, Delaware may impose geographic and cost burdens on users outside the U.S. The platform's terms override JAMS rules in case of conflict.
AI-generated interpretation, not legal advice.
Common questions about Fireworks AI's policies
- Does Fireworks AI train its AI models on your data?
- No training on your content by default — based on 4 verified findings from Fireworks AI's published policy. Informational only, not legal advice.
- Who owns the content you create with Fireworks AI?
- You own your outputs — based on 2 verified findings from Fireworks AI's published policy. Informational only, not legal advice.
- Can you use Fireworks AI's output commercially?
- Commercial use allowed — with conditions — based on 13 verified findings from Fireworks AI's published policy. Informational only, not legal advice.
Clause detail — protections, your obligations, and coverage
Every clause below is a verbatim quote from Fireworks AI's own published policy, read in full and linked to its exact location. Protections and user obligations are reported separately from risk because they are different kinds of clause — an obligation on you is not a risk to your data. Informational only, not legal advice.
✅ Protections found
6 verified clausesClauses in Fireworks AI's policies that work in your favour — commitments the platform made to you.
- Moderation & enforcementterms can change anytime
“18.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation h…”
This segment restricts the user from transferring or assigning rights under the Terms without prior written consent from the provider, while permitting the provider to assign without restriction; it also voids any attemp…
- Terms changes: advance notice promised
📍 § 18.1Jump to exact text → - Confidentiality
“The Service may include non-public, proprietary, or confidential information of Fireworks and/or of other Users (“ Confidential Information ”). Confidential Information includes any information that should reasonably be understood to be confidential given the…”
One-sided confidentiality obligation on users. The definition of Confidential Information is broad (reasonableness standard). No explicit reciprocal obligation from Fireworks to keep user inputs or outputs confidential i…
📍 § 5 (Confidential Information)Jump to exact text → - Confidentiality
“You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of car…”
The clause imposes affirmative confidentiality duties on the user to protect Fireworks' Confidential Information (including business, product, technology, and marketing info) with at least a reasonable degree of care, re…
📍 § 5 (Confidential Information)Jump to exact text → - Moderation & enforcementterms can change anytime
“We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you tha…”
Unilateral modification with retroactive effect and constructive acceptance via continued use is a high-risk provision. Users have no meaningful ability to negotiate changes; terms also apply retroactively to the start o…
- Terms changes: advance notice promised
📍 § 18.2Jump to exact text → - Governing law & disputesarbitration & class-action waiver
“b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [email protected] with your full, legal name and stating your intent to o…”
This clause establishes the procedure by which new users may opt out of the Arbitration Agreement within 30 days of accepting the Terms by emailing Fireworks with their full legal name, and clarifies that opting out does…
📍 § 15.2 (Arbitration Agreement)Jump to exact text → - Prompt ownership
“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.”
Platform makes a clear non-ownership declaration over user-submitted content, preserving user IP rights in inputs.
📍 § 3.2Jump to exact text →
📋 Rules you must follow
23 verified clausesWhat Fireworks AI requires of YOU. These are your obligations, not risks to your data or IP, so they are cited here and excluded from this platform's risk rating.
- Moderation & enforcement
“You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Admin…”
This clause imposes an obligation on users to comply with all applicable U.S. export control laws, trade sanctions, and regulations—including EAR, OFAC sanctions, and ITAR—and requires users to represent and warrant that…
📍 § 17 (Export Controls)Jump to exact text → - Moderation & enforcement
“c) Payment Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorize…”
This clause requires the user to represent and warrant the accuracy of payment information, their authorization to use the Payment Method, and their obligation to pay all charges incurred, imposing financial and legal ob…
📍 § 8.3 (Your Payment Method)Jump to exact text → - Moderation & enforcementconduct restrictions
“b) use any robot, spider, scraper, off-line reader, data mining tool, data gathering or extraction tool, or any other automated means to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasona…”
This segment prohibits automated scraping or excessive request activity against the Service's servers, while carving out a limited revocable permission for public search engine operators to index publicly available mater…
📍 § 2.2Jump to exact text → - Moderation & enforcement
“h) use the Service in any manner or for any purpose that (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including, but not limited to, Intellectual Property Rights (as defined below), privacy rig…”
This segment restricts use of the Service for purposes that violate applicable law, infringe intellectual property or privacy rights, are fraudulent or defamatory, promote hatred or violence, or are otherwise harmful or…
📍 § 2.2Jump to exact text → - Moderation & enforcement
“contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generate…”
Prohibits specific categories of prohibited content including self-harm, illegal content, malicious code, personal information without consent, and spam, and requires truthfulness of submitted information, imposing conte…
📍 § 3.3Jump to exact text →
+ 18 more verified clauses of this kind on this platform, cited in full in the report.
What the policies actually cover
9 topics- Product telemetry & usage tracking2 clauses
- Children's data1 clause
- Data shared with other AI providers2 clauses
- Does not train on your content1 obligation1 clause
- Arbitration & class-action waiver1 protective7 clauses
- Damages & liability cap5 clauses
- Terms can change at any time2 protective5 clauses
- Auto-renewal & cancel window5 clauses
- Conduct restrictions16 obligations16 clauses
238 further verified clauses are cited on this page but not yet assigned a topic.
Cross-clause notes
Two verified clauses intersect on the same subject matter: the Terms of Service, Terms of Service, p. 5 addresses how long content is retained, and the Terms of Service, Terms of Service, p. 3 addresses use of content in connection with model training or service improvement. Both clauses are in force at the same time — read them together.
The policy document, § 3.3 describes rights the platform takes in user content, and the Privacy Policy, § 6 (DISCLOSURE OF YOUR INFORMATION) describes disclosure of data to third parties or subprocessors. Both clauses are in force at the same time — read them together.
Verified retention clauses point in different directions: the Privacy Policy, § 10 (DATA SECURITY AND RETENTION) describes broad or open-ended retention, while the Privacy Policy, § 14 (YOUR RIGHTS AND CHOICES) describes deletion or erasure. Which clause controls in a given situation is not resolved by the documents' text alone — this is surfaced as an ambiguity, treated as Caution.
Automated cross-reference against the published rubric — not legal advice.
Clause intelligence
Canonical clauses and stance patterns extracted from the same gate-verified citations shown on this page.
The clause restricts commercial use.
“arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if app...”Open source citation
The clause provides a deletion or time-bounded retention path.
“You may choose to stop receiving personalized advertising or marketing promotions from us when using the Services by contacting us at our email address provided below. You may exercise any of these rights by contacting us using the information provided below. We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your em...”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“a) General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpre...”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “ Claim ,” and, collectively, “ Claims ”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [email protected] with your full, legal name and stating your intent to opt out of this Arbitration Agreement.”Open source citation
Tier matrix
Plan-level conditions detected from citation-backed clauses. Empty tiers mean AIRIN has not captured decisive tier language yet.
| Tier | Surface | Verdict | Risk | Citations |
|---|---|---|---|---|
| All applicable tiers | commercial use | conditional | MEDIUM | 1 |
| All applicable tiers | governing law disputes | conditional | MEDIUM | 48 |
| Government | data retention | improves | LOW | 1 |
Policy evolution
Open full timelineBefore/after stance changes across captured policy versions. When no material delta exists yet, AIRIN shows the latest citation-backed stance events instead.
data sharing improved from high/sale or sell to medium/third party or vendor sharing.
“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.”Before citation
“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.”After citation
content license improved from high/sublicensable or transferable to medium/broad license.
“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, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of the Service.”Before citation
“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.”After citation
data sharing improved from high/sale or sell to medium/third party or vendor sharing.
“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.”Before citation
“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.”After citation
data sharing worsened from medium/third party or vendor sharing to high/sale or sell.
“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.”Before citation
“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.”After citation
content ownership improved from high/platform claims or reserves rights to low/user retains rights.
“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.”Before citation
“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”After citation
model training improved from high/training permitted to low/no training claim.
“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.”Before citation
“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.”After citation
Latest stance: arbitration or waiver on governing law disputes
“Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order you send us, vendor onboarding process or web portal, or any other order documentation you provide to us will be incorporated into or form any part of these Terms, and all such terms or conditions will be null and void. Except as expressly set forth in these Terms, the exercise by either party of its remedies will be without prejudice to its other remedies, whether under these Terms or otherwise. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 19.4. No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. 19.5 DMCA Notice. We respect artists and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA.”Open timeline citation
Latest stance: liability limited on indemnity liability
“d) Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND”Open timeline citation
Latest stance: arbitration or waiver on governing law disputes
“(60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single”Open timeline citation
Latest stance: arbitration or waiver on governing law disputes
“16.3 Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND FIREWORKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND FIREWORKS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.”Open timeline citation
Capture recency
- Privacy Policy:Last captured 2026-08-14· verified 2026-08-14
- Terms of Service:Last captured 2026-08-17· verified 2026-08-17
Dates state when our pipeline captured and verified each document — not when the vendor last changed it. Documents are re-scanned on a recurring cadence; a document verified once says so until a re-scan confirms it again.
↑ 263 more findings this quarter vs last (505 vs 242). First scan: June 2026.
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