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The agreement prohibits users from conducting transactions off-platform with contacts made through Fiverr, posting false information, engaging in fraud, or circumventing Fiverr's fee structure.
This analysis describes what Fiverr's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The prohibition on off-platform transactions with Fiverr-sourced contacts is a commercially significant restriction for sellers and buyers, as it limits the ability to continue or expand working relationships outside the platform without incurring continued commission obligations.
Interpretive note: The scope of contacts 'met through Fiverr' is not precisely defined, creating ambiguity about whether pre-existing professional relationships formalized through the platform are subject to this restriction.
Under this clause, users who attempt to conduct transactions outside Fiverr with contacts they met through the platform violate the terms of service, which may result in account suspension as described in the enforcement provisions of the agreement.
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"Users agree not to use the platform for any unlawful purposes, to post false or misleading information, to engage in fraudulent transactions, to circumvent Fiverr's fee structure, or to conduct transactions outside of the Fiverr platform with buyers or sellers met through Fiverr.Excerpt from Fiverr's Terms of Service
(1) REGULATORY LANDSCAPE: Contractual prohibitions on off-platform transactions, sometimes described as anti-circumvention clauses, may require evaluation under EU P2B Regulation requirements for transparent and fair platform-to-business relations, particularly where the restriction limits sellers' ability to conduct business independently. Competition law authorities in the EU and UK have examined platform anti-circumvention clauses in the context of marketplace dominance. (2) GOVERNANCE EXPOSURE: Medium. The prohibition is a standard platform protection mechanism; however, the scope of 'met through Fiverr' is not precisely defined in the reviewed excerpt, creating potential ambiguity about whether incidentally professional relationships that developed beyond the platform are covered. (3) JURISDICTION FLAGS: EU competition law, particularly under the Digital Markets Act for designated gatekeepers, may limit the enforceability of broad anti-circumvention clauses; whether Fiverr is subject to DMA obligations as a gatekeeper has not been established in the reviewed document. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using Fiverr to identify freelance talent for ongoing engagements should be aware that continuing those relationships outside the platform may violate the terms; this creates a procurement dependency consideration for multi-project engagements. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether their organization's use of Fiverr to source contractors, followed by direct engagement of those contractors outside the platform, constitutes a violation of this provision and what account or legal exposure that creates.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The prohibition on off-platform transactions with Fiverr-sourced contacts is a commercially significant restriction for sellers and buyers, as it limits the ability to continue or expand working relationships outside the platform without incurring continued commission obligations.
Under this clause, users who attempt to conduct transactions outside Fiverr with contacts they met through the platform violate the terms of service, which may result in account suspension as described in the enforcement provisions of the agreement.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fiverr.