Last updated: July 2026
Terms of Service
The following terms of service (these "Terms") govern your data collection activities ("Activities") via and any usage of the 5VR.AI application (the "Application") and the 5VT.AI site (“Site”) operated by Fiverr International Ltd. (of 8 Kaplan St. Tel Aviv 6473409, Israel). Fiverr International Ltd. is referred hereto as "Fiverr", "Company", "we" or "us" and "you" or "user" means you as a user of the Application and Site.
BE ADVISED THAT ACCESSING THE APPLICATION AND THE SITE AND PARTICIPATING IN THE ACTIVITIES IS CONTINGENT UPON YOUR ACCEPTANCE OF THESE TERMS AND THE PRIVACY POLICY (“PRIVACY POLICY”); SHOULD YOU DISAGREE WITH ANY PART OF THESE TERMS AND THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE APPLICATION AND THE SITE.
IF YOU ARE A USER RESIDING IN THE UNITED STATES OR CANADA, PLEASE NOTE THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION.
1. No Employment Relationship; No Employee Benefits
1.1. Regardless of any other provision in these Terms, no employer-employee, agency, partnership, or joint venture relationship is created between you and Company or any of its affiliates. If you are engaged through any authorized third party, that entity may be either: (a) an employer that has directed you to collect Content (as defined below) at its business premises during your standard work duties (making you a "Business Contributor" under these Terms and our Data Collection Policies (as defined below)); or (b) a third party that has retained you to collect Content and provides direct compensation for your Submissions (making you an "Individual Contributor" under these Terms and our Data Collection Policies). Such entity shall be referred to herein as "Authorized Third Party".
1.2. If you are not engaged through an Authorized Third Party, you are also an "Individual Contributor" for purposes of these Terms and the Data Collection Policies. Where you are engaged through an Authorized Third Party, unless otherwise agreed in a separate agreement between Company and the Authorized Third Party, such Authorized Third Party is solely responsible for any and all wages, overtime, expense reimbursements, employment taxes, workers’ compensation, and any other compensation or benefits owed to you in connection with the Activities, including any time spent performing Activities while you are on the clock for that Authorized Third Party and Company will have no responsibility for such amounts even if such Authorized Third Party fails to fulfill its obligations to you. In all cases, you shall not be eligible to participate in any of Company’s or any of its affiliates’ employee benefit plans, benefit programs, group insurance arrangements or similar programs, and Company shall not provide workers’ compensation, disability insurance, social security or unemployment compensation coverage or any other statutory benefit to you.
2. Activities
2.1. You agree to carry out the Activities and deliver the resulting commissioned material (each item individually a "Submission" and collectively the "Content"). The Activities shall be performed in accordance with Fiverr's requirements. To the extent that Fiverr determines, in its sole discretion, that no further data collection Activities are required, you will be notified accordingly, or no tasks will be available for you to perform on the Application and the Site, and you hereby waive any claim in connection therewith. Individual Contributor must execute the Activities and furnish the Content strictly in alignment with the safety requirements, technical specifications, acceptance criteria, and temporal and geographic parameters as set forth by Company in the Submission Spec (the "Submission Spec"). The Submission Spec may be changed by Company from time to time. Business Contributors must conduct the Activities by adhering to the training, policies, and instructions established by their employer. You are responsible for ensuring that all Content is both captured and transmitted exclusively via the Application and the Site, employing solely the accounts and devices sanctioned by Company (or by your employer, for Business Contributors). You must not circumvent, disrupt, disable, or try to alter any security, quality-control, or technical mechanisms within any Company-provided device or the Application and the Site. You maintain full responsibility for the completeness, legality, accuracy, and collection of every Submission, which includes, for Individual Contributors, adherence to all requirements in the Submission Spec and, for Business Contributors, compliance with your employer’s relevant policies and instructions.
2.2. You agree not to infringe upon the rights of any third party or breach any agreement you have with others. Furthermore, you will not utilize or divulge your own or a third party’s intellectual property or confidential information while performing the Activities or acting on behalf of Company. Additionally, you must verify that your approach to the Activities and the manner in which you transmit and collect Content consistently adheres to the Data Collection Policies, and all governing laws and regulations, specifically including those pertaining to recording individuals, wiretapping, eavesdropping, and data protection. Prior to gathering any Content involving sensitive locations (i.e., any private location or location where any details or information considered personally identifiable information (PII) exists), or private property, you must acquire and maintain documentation of all necessary consents, permissions, or notices as mandated by law or the Data Collection Policies; if such authorization cannot be obtained, you must not engage in such collection.
2.3. You are prohibited from: (a) uploading Content that depicts, captures, or otherwise includes any individual, or that contains any personally identifiable information relating to any individual, including but not limited to faces, names, voices, identification documents, or financial information; (b) falsifying, staging, or fabricating Content or its related metadata; (c) uploading duplicate, recycled, or reused Submissions, unless you have obtained prior written authorization from Company; or (d) utilizing unauthorized software, scripts, or automated tools related to the Application, the Site or the Activities. Any actions listed in (b) through (d) shall be classified as a Fraud Signal. "Fraud Signal" means any activity from which it may be inferred, at the Company's sole discretion, that you are engaged in any fraudulent activity of any kind.
2.4. If you identify any suspected or actual violation of this Section, any relevant law, or the Data Collection Policies concerning the Activities, you must notify Company and (where applicable) the Authorized Third Party without delay, and you are required to support Company during any subsequent remedial actions or investigations.
3. Content Acceptance
3.1. Regarding Content made by Individual Contributors, Company shall evaluate each against the Submission Spec. We reserve the right, at our sole discretion, to accept or reject any Submission, either entirely or partially, depending on its adherence to the Submission Spec. In instances where we reject a Submission, you will receive an automated notification detailing the specific Submission Spec standard or standards that were not met (a "Rejection Notice").
3.2. If you receive a Rejection Notice you may file a written appeal via the in-Application or in-Site process within thirty (30) days of the action. We will review your appeal in good faith and inform you of our decision. This appeal process serves as your exclusive remedy for any Rejection Notice related to the Content.
3.3. A Rejection Notice serves solely to relay the Company’s determination regarding a particular Submission. Such notices should not be construed as performance feedback, training, coaching, supervision, or evaluation, nor do they reflect your general skill level, work quality, or future eligibility for Activities. These notices are produced by the Company’s automated systems by comparing Submissions against the objective benchmarks outlined in the Submission Spec.
4. Account Standing
4.1. We determine your eligibility to access the Application and the Site and provide Content (collectively, “Account Standing”) based on the objective and conduct-based criteria described below. We may suspend, restrict or terminate your access to the Application and the Site with or without notice if we believe you are not eligible to access the Application and the Site based on the below criteria. Nothing in these Terms implies that the Company is providing supervision, training, evaluation, or performance management services to you in connection with the Activities.
4.2. Tier 1. Objective Triggers. Company reserves the right to suspend or terminate your access to the Application, the Site, and your eligibility to provide Content, at any time and without prior notice, based on: (a) your failure to meet or maintain the Eligibility Conditions (as defined below); (b) any Fraud Signals linked to your account; or (c) if you are an Individual Contributor, your account exceeding the non-conforming Submission threshold specified in the Submission Spec over the applicable measurement window.
4.3. Tier 2. Conduct Triggers. Additionally, Company may, at its discretion, suspend or terminate your access to the Application, the Site, and your eligibility to provide Content, at any time and without prior notice, for: (a) violating the Data Collection Policies; (b) engaging in conduct that threatens the safety of yourself, our personnel, the public, or property; (c) violating applicable laws while performing the Activities; (d) breaching the "Restrictions on Use of Application and Site" Section below; or (e) Company’s reasonable belief that you have engaged in fraud, abuse, or misuse of the Application, Site or Activities.
4.4. Where applicable, you agree that the Company may, at its sole discretion, share information regarding your eligibility, status, or Account Standing with your Authorized Third Party and may request that they limit, suspend or end your ability to perform Activities. To the extent permitted by law, you waive all claims against Company arising from such communications or any subsequent actions taken by the Authorized Third Party.
5. Content Control
5.1. Company shall have sole and absolute discretion over all aspects of each accepted Submission, including whether any such Submission is stored, archived, modified, or deleted. Acceptance and rejection of Content are governed by the Content Acceptance Section above.
5.2. You acknowledge and agree that Company’s records regarding the quantity, timing, and status of Content will be final and binding on you. To the extent any credits, points, or other forms of value are associated with the capture or upload of accepted Content by Individual Contributors, the amount and determination of such value shall rest exclusively with Company, based on its internal records and systems.
6. Payment
6.1. Business Contributors. As a Business Contributor, you acknowledge and agree that the Company provides no direct wages, fees, or monetary compensation for Content or otherwise under these Terms. Any compensation for the Activities is established exclusively by your employer according to its own internal arrangements, and you agree to rely solely on your employer for such payments and to waive any claims against the Company or its affiliates for compensation.
6.2. Individual Contributor Compensation. These payment provisions pertain to all Individual Contributors:
(a) If you have been engaged directly: (i) for every Submission uploaded to the Application and approved by us in accordance with these Terms, you will be paid the hourly rate specified in the Application next to each task selected for performance. (ii) Payment is contingent upon your having uploaded the minimum number of Submissions per each calendar week specified in your account in the Application, and only upon reaching such minimum number of Submissions shall you become entitled to receive payment for each calendar week. (iii) In order to receive payment, and as a prerequisite thereto, you must open a Fiverr account at Fiverr.com (“Fiverr Account”). All payments will be transferred to your balance in your Fiverr Account on a weekly basis. However, Fiverr reserves the right, at its sole discretion, to modify the method and timing of payment, and you hereby waive any claim in connection therewith. (d) you shall bear all expenses arising from the performance of the Activities pursuant to these Terms, unless otherwise agreed in advance and in writing by us.
(b) If you have been engaged via an Authorized Third Party, the Company will remit the payments under these Terms to the Authorized Third Party for subsequent distribution in accordance with the terms of your separate engagement. In such case, you agree to seek payment exclusively from the Authorized Third Party and hereby waive any and all claims against the Company or its affiliates for direct compensation. This waiver expressly includes all time spent performing Activities, whether during hours worked for the Authorized Third Party or when capturing Content at your residence or other locations pursuant to written agreements between the Authorized Third Party and the Company addressing wage and hour coverage. In case the Company and the Authorized Third Party agreed in a separate agreement that your payments for performing the Activities shall be paid to you directly by the Company, then the provisions of Section 6.2(a) above shall apply.
6.3. Fraud Chargeback. If the Company confirms a Fraud Signal regarding any Submission, the Company reserves the right to withhold or claw back the corresponding compensation.
7. Compliance with Data Collection Policies
7.1. You shall comply with the Data Collection Policies, including, as applicable to you, the Business Contributor Data Collection Policy and the Individual Contributor Data Collection Policy, in each case as updated by Company from time to time.
7.2. Compliance with the Data Collection Policies is a condition of your continued access to the Application and the Site under the Account Standing Section above. Adherence to the Data Collection Policies is a compliance obligation; it is not a measure of work performance, and Company’s administration of the Data Collection Policies does not constitute supervision, evaluation, training, or performance management of you.
8. Representations, Warranties, and Disclaimer
8.1. Representations and Warranties. By accessing the Application and the Site and engaging in the Activities, you warrant and represent that you satisfy the following eligibility conditions ("Eligibility Conditions") and will maintain such status for the duration of your use of the Application and the Site or performance of the Activities: (a) you have reached the age of eighteen (18); (b) your use of the Application and the Site and performance of the Activities will adhere to all applicable laws, rules, and regulations, including maintaining any required legal authorization to work in your relevant jurisdiction; (c) you possess the necessary capacity, authority, and right to execute these Terms and satisfy all obligations herein; and (d) if an Authorized Third Party engages you, you have received no notice from such party regarding any ineligibility to conduct the Activities.
8.2. You further attest that: (a) your execution of the Activities will be performed professionally and in a workmanlike manner, without conflicting with any existing obligations to third parties; (b) all Content is your original work, and you hold full rights to assign the rights granted to Company herein; and (c) the Content does not misappropriate or violate any third-party rights, such as copyrights, trademarks, trade secrets, rights of privacy, publicity, or defamation claims. Furthermore, you will not permit any third party to exploit the Content or Content IP (as defined below). You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective personnel, officers, agents, customers, and assignees against any losses, damages, liabilities, costs, or expenses (including legal fees) resulting from your breach of any representation or warranty in these Terms.
8.3. Warranty Disclaimer. The Company, along with its licensors, suppliers, partners, parents, subsidiaries, and affiliates, including their respective directors, officers, employees, consultants, representatives, agents, and successors (collectively, the "Company Parties") disclaim all warranties. The Company Parties shall bear no liability for any claims, costs, damages, or actions related to your use of the Application and the Site or participation in the Activities. THE APPLICATION, THE SITE AND ANY RELATED CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES THAT THE APPLICATION AND THE SITE WILL REMAIN ERROR-FREE OR UNINTERRUPTED.
9. Intellectual Property
9.1. All rights, title, and interest in and to the Content and the Content IP shall be exclusively owned by Company, and Company retains the sole discretion to register such rights. "Content IP" encompasses, without restriction, any patent, copyright, trademark, moral, publicity, derivative work, privacy, or other proprietary or intellectual property rights worldwide that relate to, embody, or cover the Content, along with any associated goodwill. The Content is "work made for hire" within the meaning of the United States Copyright Act; provided, however, that if the Content is not "work made for hire" you hereby grant and assign to Company, irrevocably and in perpetuity, all rights necessary to vest such ownership globally. Furthermore, you agree to provide reasonable assistance to document, record, perfect, maintain, enforce, and defend the Content IP. By this agreement, you appoint Company as your attorney-in-fact, with a coupled interest, authorizing Company to execute and file all documents and take any necessary lawful actions to formalize Company’s ownership of the Content IP and the aforementioned assignment, with such actions carrying the same legal weight as if performed directly by you or any other creator. You retain no rights, title, or interest in the Content or Content IP, and no such rights shall revert to you at any future time.
9.2. The ownership of Content IP by Company and such assignment encompasses all moral rights - such as the rights of paternity, integrity, disclosure, and withdrawal - whether identified as "droit moral," “artist’s rights,” or similar concepts. To the extent that any Content or Activities provided by you rely upon, derive from, incorporate, or require the use of technology or intellectual property rights that belong to you (or any collaborators) and are not explicitly assigned to Company under these Terms, you hereby grant Company, along with its affiliates and successors, a sublicensable, non-exclusive, perpetual, irrevocable, worldwide, and royalty-free license. This license permits Company to exercise, utilize, and exploit such technology and intellectual property rights to the extent necessary to support the use, exercise, sell or exploitation of the Content, Activities, or other rights assigned, including any modifications, derivatives, or improvements thereof.
9.3. For the avoidance of doubt, Company shall be entitled to sell the Content to any third party and make any use thereof, without any additional consideration beyond that set forth in these Terms.
10. Proprietary Information
All business, financial, and technical data, including information regarding employees or customers, that you develop, acquire, or encounter through your engagement in the Activities shall be deemed "Proprietary Information." You are obligated to maintain the strict confidentiality of this Proprietary Information, using it solely for the purpose of carrying out the Activities and refraining from any unauthorized disclosure. Additionally, you acknowledge that you have no reasonable expectation of privacy regarding the Company’s networking, telecommunications, or information processing infrastructure, such as the Application, the Site, email, stored files, or voice communications. Consequently, your usage of, and any messages or files transmitted or stored on, these systems are subject to monitoring by Company at any time, without prior notification.
11. Account Registration and Use
11.1. Accessing the Application and the Site and engaging in the Activities requires you to create an account and supply us with specific details, including your contact information. Maintaining the confidentiality and security of your account credentials, including passwords and other access tools, is your sole responsibility.
11.2. You agree that any registration data you submit will be truthful, comprehensive, and current. Transferring your account to a third party is prohibited absent our express prior written consent. Furthermore, you affirm that you possess the legal capacity to enter into a binding contract.
11.3. Your use of the Application and the Site must be limited to the objectives outlined in these Terms; you are prohibited from acting on behalf of or benefiting any third party, unless explicitly authorized. Furthermore, you must ensure your usage complies with all applicable laws. Should such laws prohibit your use, you are unauthorized to access the Application and the Site. Company disclaims all liability for your unlawful use of the Application and the Site.
12. Restrictions on Use of the Application and the Site
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as defined above), to the Application and the Site, or otherwise use or interact with the Application or the Site, in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else; (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Application or the Site as you); (e) attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) violates the security of any computer network, or cracks any passwords or security encryption codes; (g) runs any form of auto-responder or "spam" on the Application or the Site, or any processes that run or are activated while you are not logged into the Application or the Site, or that otherwise interfere with the proper working of the Application and the Site (including by placing an unreasonable load on the Application and the Site’s infrastructure); (h) "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Application and the Site or Application and Site’s Content (defined below) (through use of manual or automated means); (i) copies or stores any significant portion of the Content or Application and Site’s Content; or (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Application or the Site. A violation of any of the foregoing is grounds for action under the Account Standing Section above.
13. Your Rights in the Application and the Site
The materials displayed or performed or available on or through the Application and the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the "Application and Site’s Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Application and Site’s Content you access through the Application or the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Application and Site’s Content not owned by you. Use, reproduction, modification, distribution or storage of any Application and Site’s Content for any purpose other than using the Application and Site is expressly prohibited without prior written permission from us. You understand that Company owns the Application, the Site and all Application and Site’s Content. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Application or Site or Application and Site’s Content.
14. Termination of Use
14.1. At any point, you may discontinue your use of the Application or the Site. Company’s rights to suspend or terminate your access to the Application and the Site and your eligibility to submit Content are set forth in the Account Standing Section above.
14.2. Provisions that, by their nature, ought to survive termination of these Terms shall remain in effect after such termination.
15. Third-Party Application Terms
15.1. You acknowledge and agree that the availability of the Application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such a store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use the Application and the Site is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
15.2. These Terms apply to your use of all the applications available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application: (a) both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application and Site or the Application and Site’s Content; (b) the Application and Site are licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Application and Site for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Application and the Site; (c) you will only use the Application and the Site in connection with an Apple device that you own or control; (d) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and the Site; (e) you acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application and the Site; (f) you acknowledge and agree that, in the event of any third-party claim that the Application or Site or your possession and use of the Application or Site infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (g) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
16. General Provisions
16.1. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
16.2. Indemnity. You agree to defend, indemnify, and hold harmless the Company Parties from any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Application and the Site (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) your violation of applicable law in connection with the Activities. In the event of such a claim, suit, or action ("Claim"), we will endeavor to provide notice thereof to the contact information we have for your account (provided that any failure to provide such notification will not discharge or mitigate your indemnification obligations hereunder).
16.3. You are prohibited from assigning, delegating, or transferring these Terms or your rights or obligations hereunder, or your account (by operation of law or otherwise) without Company’s prior written consent. We retain the right to transfer, assign, or delegate these Terms and our rights and obligations without consent. Company’s affiliates and related entities shall be express intended third-party beneficiaries of these Terms.
16.4. Choice of Law. IF YOU ARE A USER RESIDING IN THE UNITED STATES OR CANADA, PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FIVERR CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THIS SECTION WILL REQUIRE YOU AND FIVERR TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. AS USED IN THIS SECTION, "FIVERR" INCLUDES FIVERR’S AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT TO ARBITRATE AND YOU ACCEPT ALL OF ITS TERMS, UNLESS YOU OPT OUT AS PROVIDED BELOW.
(a) Federal Arbitration Act ("FAA") Applies to Issues of Arbitrability. You and Fiverr agree that the FAA governs the arbitrability of all disputes between you and Fiverr.
(b) Arbitration & Class Action Waiver. You and Fiverr agree that any dispute or claim of any kind between us, including but not limited to a dispute arising from or relating to these Terms, shall be finally resolved by final and binding arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Commercial Rules") then in effect, or, if the AAA deems they apply, the Consumer Arbitration Rules (the "AAA Consumer Rules"), unless otherwise required by law including, for the absence of doubt, consumer protection legislation in any Canadian province. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND FIVERR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER USER OF FIVERR’S SERVICES.
(c) Forum. For all actions under the AAA Commercial Rules, arbitration proceedings may be filed in New York, New York, and any in-person hearing will take place in New York, New York. For any action under the AAA Consumer Rules, the arbitration may proceed in the AAA location near the claimant’s residence. Hearings will be conducted virtually when permitted by the AAA Commercial Rules and AAA Consumer Rules. In the event that an action arises between you and Fiverr that is not subject to arbitration, you and Fiverr agree that the dispute will be resolved exclusively in a state or federal court located in New York, New York, and you also agree to submit to the personal jurisdiction of a state or federal court located in New York, New York.
(d) Exceptions to Arbitration. If the AAA deems the AAA Consumer Rules apply, you may have the right to instead assert your claim in small claims court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
(e) Administration of Coordinated Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Fiverr agree that the AAA Mass Arbitration Supplementary Rules will apply, which requires resolution of such cases in staged proceedings. You agree to this process even though it may delay the arbitration of your claim.
In the first stage, claimants’ counsel and Fiverr will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and AAA must not assess or demand payment of fees for the remaining cases or administer or accept them.
After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Fiverr will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Fiverr agree that the process administrator under the AAA Mass Arbitration Supplementary Rules will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.
This subsection and each of its requirements are intended to be severable from the rest of this arbitration agreement.
(f) How to Opt Out. If you do not want to be bound by this arbitration agreement, you must notify Fiverr in writing by email to [email protected] within 30 days of your agreement to these Terms of Service, stating that you do not want to resolve disputes with Fiverr by arbitration.
(g) Modifications to this arbitration agreement. If we make any changes to this arbitration agreement while you are a user of the Site or services, you may reject any such change by notifying Fiverr in writing by email to [email protected] within 30 days of the change. However, such written notice does not constitute an opt-out of arbitration altogether. By rejecting a future change, you agree that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted these Terms of Service.
17. Miscellaneous
17.1. You bear sole responsibility for the payment, withholding, filing, and reporting of all taxes, levies, and governmental assessments linked to your Activities regarding the Application and the Site. However, if you are an Individual Contributor engaged directly by Company (and not through an Authorized Third Party), Company may withhold and report taxes to the extent mandated by applicable law and may, at its discretion, perform any of the aforementioned actions on your behalf or for its own purposes.
17.2. Waiver. No delay or omission by either party to enforce any right or provision under these Terms shall constitute a waiver of that or any other right in the future.
17.3. Severability. Should any provision of these Terms be deemed invalid or unenforceable, such provision shall be curtailed or excised to the minimal degree required, ensuring that the remainder of these Terms continues to be fully operative and legally binding.
17.4. Entire Agreement. These Terms constitute the entire and exclusive agreement between you and Company regarding the subject matter herein, superseding all prior or contemporaneous written or oral communications, understandings, and agreements between the parties.
17.5. No Third-Party Beneficiaries. Aside from the express exceptions regarding the Apple Application and the arbitration agreement, and the status of Company’s affiliates as intended third-party beneficiaries, these Terms are not intended to, and do not, confer any rights or remedies upon any third party.
18. Data Collection Policies
18.1. The Data Collection Policies (as defined below) govern two distinct categories of individuals authorized to perform the Activities and submit the Content, including to capture audio, video, imagery, and additional footage on behalf of the Company: (1) "Individual Contributors," which encompasses individuals collecting Content outside of their employer’s business premises during standard employment responsibilities, whether contracted directly by the Company or through an Authorized Third Party that provides compensation for Content submissions; and (2) "Business Contributors," which encompasses staff members or employees directed and authorized by their employer to capture the Content at that specific business’s premises as part of their routine employment duties. Any terms we use in the Data Collection Policies without defining them have the definitions given to them in the Terms.
18.2. If you are an Individual Contributor, the Individual Contributor Data Collection Policy applies to you. Please ensure you review that section thoroughly and adhere to it throughout your recording processes.
18.3. If you are a Business Contributor, the Business Contributor Data Collection Policy applies to you. Your recording activities must comply with both this Business Contributor section and any additional training, protocols, or instructions, and policies issued by your employer.
18.4. The Individual Contributor Data Collection Policy and the Business Contributor Data Collection Policy shall be referred to herein collectively as the "Data Collection Policies."
18.5. Should you be uncertain regarding which classification applies to you, please seek clarification from the Company —or, where relevant, your Authorized Third Party —prior to initiating any activities.
18.6. All Content collected by Individual Contributors must conform to the operational and technical requirements defined in the Submission Spec. Conversely, Business Contributors must align their Content gathering with the training, policies, and directives established by their employer. These Data Collection Policies address consent, notice, legal compliance, and conduct requirements that supplement — but do not supersede or restate — the objective recording criteria contained in the Submission Spec (for Individual Contributors) or the employer’s instructions (for Business Contributors). In the event of any conflict between these Data Collection Policies and the Submission Spec with respect to objective technical or operational recording criteria applicable to Individual Contributors, the Submission Spec shall prevail.
19. Business Contributor Data Collection Policy
19.1. The provisions set forth in this section are exclusive to Business Contributors authorized and directed by their employer to gather Content within the employer’s business premises as part of their standard job functions. Should you be engaged in gathering Content outside of these business premises while performing your typical employment responsibilities, the Individual Contributor Data Collection Policy shall apply instead.
19.2. Business Contributors must adhere to their employer’s directives, internal policies, and training concerning recording activities. These Data Collection Policies function as a supplement to, and are meant to align with, said employer directives. In the event of any uncertainty regarding the application of these rules to your specific position or unique recording situations, you are required to immediately consult with your employer prior to engaging the Activities or submit any Content.
19.3. Your obligations include, but are not limited to, the following:
(a) Abiding by all employer-provided guidance, policies, and training relevant to recording activities at the business premises, and promptly alerting your employer of any actual or potential deviation from these protocols.
(b) Refraining from recording within any zones explicitly marked by your employer as “sensitive areas” or any other location where your employer has restricted recording activity.
(c) Utilizing recording equipment exclusively within the timeframes and locations sanctioned by your employer, and solely for those objectives defined by your employer.
(d) Each Submission must exclude any Content capturing: (i) discussions pertaining to unionization, collective bargaining, or alternative concerted activities protected under the National Labor Relations Act, the California Public Employment Relations Act, or any relevant labor relations legislation; (ii) proprietary business gatherings, strategic planning sessions, or other confidential communications; or (iii) colleagues during periods of rest, private time, or in non-work zones absent explicit consent. Any such Content described in (i)–(iii) above must be erased before being uploaded to the Application and the Site. Should any such Content be uploaded to the Application or the Site by mistake, Company retains the right to remove it without prior notification and holds no duty to preserve such data.
(e) Promptly halting recording, adjusting equipment placement, or terminating a specific task if directed by your employer or an on-site manager, or if any individual voices an objection to being recorded.
(f) Exercising reasonable caution to prevent the capture of customer payment details, computer displays, or other clearly sensitive or confidential data whenever practicable (such as by modifying the camera's perspective or range).
(g) Adhering to every data security protocol provided by your employer regarding the storage, transmission, and processing of any Content.
20. Individual Contributor Data Collection Policy
20.1. The provisions of this section are limited to Individual Contributors, regardless of whether they are engaged directly with the Company or via an Authorized Third Party. Should you be classified as a Business Contributor, the Business Contributor Data Collection Policy shall apply instead.
20.2. You are required to adhere to the following Recording Requirements:
(a) Consent Documentation. Before you begin recording, you must obtain and preserve all necessary legal permissions, releases, and consents. This includes maintaining documentation of such approvals, such as posted notices, verbal confirmations, or signed consent forms.
(b) Notification Requirements. You must provide transparent notification that recording is in progress, using methods such as recording indicators, visible signs, or verbal alerts. Always choose a method suitable for the specific setting; for instance, if signs are likely to go unnoticed by any party, you should provide verbal notice.
(c) Opt-Out Adherence. You must stop recording at once if any person expresses an objection or asks not to be recorded.
(d) Property Rights. Ensure compliance with all restrictions or rules regarding recording at a facility, and secure explicit permission from both occupants and the property owner prior to capturing content on private premises.
(e) Focus on Appropriate Settings. Concentrate your data gathering on public areas that allow recording, or on private locations where you have gained express consent.
(f) Equipment Quality and Standards. You are required to utilize recording equipment compliant with the technical standards defined in the Submission Spec. The Company may, at its discretion, provide specific hardware for this use.
(g) While the Submission Spec may specify preferred environments or scenarios for data collection, you maintain the autonomy to choose which to pursue; you are not obligated to gather Content in any specific setting or scenario.
(h) Data Security Procedures. Adhere to all established protocols concerning the storage, transmission, and processing of Content.
(i) Policy Inquiries. Prior to proceeding, consult the Company or, if relevant, your Authorized Third Party if you are uncertain whether a particular recording activity aligns with these policies.
(j) Reporting Obligations. Promptly notify the Company—or the Authorized Third Party, as applicable—regarding any potential violations of this Individual Contributor Data Collection Policy or any concerns regarding data collection methods.
(k) Restricted Actions. You are strictly prohibited from engaging in any of the following conduct:
- Unauthorized Recording: You must not capture Content involving an individual if: (i) the necessary legal consent or notice has not been secured; (ii) the individual has explicitly refused to be recorded; or (iii) the individual has requested that you stop recording.
- Surreptitious or Deceptive Practices: Do not use hidden cameras or engage in any deceptive methods to record individuals.
- Violating Reasonable Expectations of Privacy: Do not record in any location where there is a heightened expectation of privacy, such as (i) toilets or restrooms; (ii) changing areas or locker rooms; or (iii) occupied bedrooms or bathrooms within a private residence.
- Capturing Vulnerable or Intimate Moments: You are prohibited from recording individuals in compromise-prone or private settings, including (i) any instances involving undress; (ii) sexual or intimate conduct; or (iii) activities related to personal hygiene.
- Recording Minors: You must not knowingly capture Content featuring individuals under the age of eighteen (18) unless you have obtained the requisite parental authorization.
- Unlawful Recordings: It is a violation of these Terms to capture (i) private discussions in two-party consent jurisdictions without the permission of all involved; (ii) audio in areas where such surveillance is legally prohibited; or (iii) conversations with a reasonable expectation of privacy, absent the consent of all parties (such as inside a vehicle).
- Capturing Harmful or Illegal Acts: Do not intentionally record Content depicting (i) unlawful acts or criminal conduct; (ii) instances of physical abuse, assault, or violence; or (iii) harassment, threatening conduct, or discrimination.
- Collecting Sensitive or Protected Data: You must not intentionally record sensitive information, including but not limited to (i) banking, credit card, or account details; (ii) official government identification like passports, driver’s licenses, or social security documents; (iii) health or medical records; (iv) trade secrets or proprietary business materials; and (v) security codes, passwords, or login credentials.
- Prohibited Locations: You are not permitted to capture Content in areas where recording is barred by property owners, regulations, or law, specifically: (i) military or government installations without express permission; (ii) confidential business zones or workspaces; (iii) legal proceedings or courthouses; and (iv) any site with posted “no recording” notices.
- Sharing Content: You are prohibited from distributing or sharing any Content with external third parties.