The agreement designates Israeli law as the governing law and the courts of Tel Aviv-Jaffa as the exclusive forum for legal disputes arising from the terms.
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
This provision requires that legal disputes be adjudicated under Israeli law in Israeli courts, which may be practically and financially burdensome for users in other jurisdictions and may interact with mandatory local consumer protection laws that cannot be contractually waived.
Interpretive note: The enforceability of the Israeli forum selection clause against consumer users in the EU/EEA and UK is likely constrained by mandatory consumer protection law in those jurisdictions; US enforceability varies by state.
Under this clause, disputes arising from the agreement are subject to Israeli law and the exclusive jurisdiction of Tel Aviv-Jaffa courts; in practice, applicable consumer protection laws in the user's home jurisdiction may limit the enforceability of this forum selection for consumer claims, depending on jurisdiction.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These Terms of Service shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa, Israel.Excerpt from Fiverr's Terms of Service
(1) REGULATORY LANDSCAPE: Forum selection clauses designating foreign courts are subject to enforceability limits under EU consumer protection law; EU Regulation 1215/2012 (Brussels I Recast) generally requires that consumer contracts allow consumers to sue in …
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This provision requires that legal disputes be adjudicated under Israeli law in Israeli courts, which may be practically and financially burdensome for users in other jurisdictions and may interact with mandatory local consumer protection laws that cannot be contractually waived.
Under this clause, disputes arising from the agreement are subject to Israeli law and the exclusive jurisdiction of Tel Aviv-Jaffa courts; in practice, applicable consumer protection laws in the user's home jurisdiction may limit the enforceability of this forum selection for consumer claims, depending on jurisdiction.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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