1. Introduction
Welcome to Fiverr Design. These Terms of Service (“Terms”) govern your access to and use of Fiverr Design’s website, services, and applications (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
2. Definitions
- “User,” “you,” and “your” refer to individuals who use our Services, including Clients and Freelancers.
- “Client” refers to a user who purchases services on the platform.
- “Freelancer” refers to a user who offers and provides services on the platform.
- “Content” refers to text, graphics, images, music, software, audio, video, information or other materials.
3. Account Registration and Eligibility
3.1. To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
3.3. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.
4. User Conduct and Prohibitions
4.1. You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws, regulations, or third-party rights
- Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the Services or servers or networks connected to the Services
- Uploading, posting, or transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy
- Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
- Using the Services for any illegal or unauthorized purpose
4.2. Fiverr Design reserves the right to investigate and take appropriate legal action against anyone who, in Fiverr Design’s sole discretion, violates this provision.
5. Content
5.1. Our Services allow Users to post, link, store, share and otherwise make available certain Content. You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
5.2. By posting Content on or through the Services, you grant Fiverr Design the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services.
5.3. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.
6. Fees and Payment
6.1. Clients agree to pay all fees or charges to their account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
6.2. Freelancers agree that Fiverr Design will deduct its service fees from the payments made by Clients before releasing funds to the Freelancer.
6.3. You are solely responsible for all taxes associated with your use of the Services.
7. Intellectual Property
7.1. The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Fiverr Design and its licensors.
7.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fiverr Design.
8. Termination
8.1. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
8.2. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
9. Limitation of Liability
9.1. In no event shall Fiverr Design, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
10. Disclaimer
10.1. Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied.
10.2. Fiverr Design does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page.
13. Dispute Resolution
13.1. Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
13.2. The arbitration will be conducted in [Insert Location] by a single neutral arbitrator.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Fiverr Design
Email: [email protected]
By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.