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Fiverr Terms of Service Explained: 5 Clauses to Read

This page is general information, not legal advice.

Most users accept the Fiverr Terms of Service unread. Here are five clauses that can work against you, quoted from Fiverr's terms, and what you can do instead.

Using other marketplaces? See our Upwork Terms of Service guide.

1. Liquidated damages of US $10,000

If Fiverr determines, at its sole discretion, that a Buyer has violated this undertaking, to the extent permitted by applicable law, the Buyer agrees to pay Fiverr liquidated damages of US $10,000 . Fiverr may charge this amount from the Buyer's Fiverr Balance, payment method, or by invoice, and may recover reasonable expenses, including collection costs and attorney fees.

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

Why it works against you

The amount is fixed, Fiverr decides "at its sole discretion" whether you breached, and it can charge your balance or payment method plus collection and attorney costs. The clause concerns off-platform work with sellers; read the full section to see what "this undertaking" covers.

What to ask for instead

You can't edit Fiverr's terms, but you can keep communication and payment for Fiverr-sourced work on Fiverr. Before dealing with a seller directly, get it in writing and ask a qualified lawyer. Record in any separate agreement where the relationship started.

Sample wording to propose: "The parties confirm that this engagement was not introduced through Fiverr, and each party will keep any Fiverr-originated work on the Fiverr platform."

2. Who owns the delivered work

unless clearly stated otherwise on the Seller's Gig page/description or in the Custom Offer, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

By purchasing a "Commercial Use License" with your Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights.

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

Why it works against you

Gig pages and Custom Offers can override the default. With a Commercial Use License, the seller "retains all ownership rights" and your license is non-transferable, a problem if you sell your business or give a logo to a partner. Business use needs that license: "If you intend to use it ... for any purpose that is directly or indirectly in connection with any business ... you will need to buy the Commercial Use License through a Gig Extra". See perpetual license clauses explained.

What to ask for instead

Check the Gig page for ownership language before ordering. To own the work outright, have the seller confirm it in the Custom Offer.

Sample wording to propose: "On full payment, Seller assigns to Buyer all right, title and interest, including copyright, in the delivered work, for any personal or commercial use, transferable by Buyer without further consent."

3. Fiverr's liability

PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL FIVERR ... BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ... INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ... EVEN IF FORESEEABLE.

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

Why it works against you

It covers damages "of any kind", including direct damages and lost profits, so if a delivery fails or site problems cost you a client, recovering losses from Fiverr may be hard. See our limitation of liability guide.

What to ask for instead

Protect high-value orders with milestones, clear acceptance criteria and file backups, and for critical work ask the seller for a written commitment in the Custom Offer.

Sample wording to propose: "Seller will correct any delivery that does not meet the agreed specification at no extra charge within 14 days of Buyer's written notice."

4. Arbitration and the 30-day opt-out

You and Fiverr agree that any dispute or claim of any kind between us ... shall be finally resolved by final and binding arbitration

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

If you do not want to be bound by this arbitration agreement, you must notify Fiverr in writing by email to opt-out-arbitration@fiverr.com within 30 days of your agreement to these Terms of Service

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

Why it works against you

Arbitration generally means no public court hearing, and the heading mentions a class action waiver. The opt-out window is short and little known, and rejecting a later change doesn't count: "such written notice does not constitute an opt-out of arbitration altogether." See mandatory arbitration clauses explained.

What to ask for instead

To keep court options open, email the opt-out in time and keep a copy.

Sample wording to propose: "I do not want to resolve disputes with Fiverr by arbitration. Account email: [your email]. Date I accepted the Terms: [date]."

Ask a qualified lawyer whether opting out suits you.

5. Feedback becomes Fiverr's property

you will be deemed to have granted Fiverr an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback.

Source: https://www.fiverr.com/legal-portal/legal-terms/terms-of-service, retrieved 2026-10-29.

Why it works against you

Product suggestions may become Fiverr's exclusive property, which matters if you planned to build or pitch the idea elsewhere.

What to ask for instead

Keep feedback general, hold back ideas you may use yourself, and set terms before giving detailed input.

Sample wording to propose: "This feedback is shared under a non-exclusive license; I keep the right to use my own ideas."

Scan your own document free

Fiverr's terms change, and Gig pages and Custom Offers add conditions. Sellers should check client agreements against our freelance contract red flags or use our freelance contract review.

The Terms of Service checker flags clauses that work against you in about a minute, quoting the wording and what to ask for instead. The free preview shows the risk count and first two findings; the full report is a one-time $5 per document.

This page is general information, not legal advice.

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