Fiverr limits its financial responsibility for problems you experience on the platform, including lost profits, data loss, or harm caused by other users, to the maximum extent the law allows.
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 limitation of liability operates as a contractual allocation of risk, establishing the scope of Fiverr's financial exposure for service-related claims. By excluding certain categories of damages, the clause defines the maximum potential liability Fiverr assumes under the agreement.
Interpretive note: The enforceability of consequential damages waivers against consumers varies significantly by jurisdiction; EU, UK, and certain US state laws may render portions of this clause unenforceable in consumer-facing disputes.
The limitation of liability clause means that if you lose money, data, or business opportunities due to a Fiverr service failure, a third-party seller's misconduct, or a security incident, Fiverr's financial exposure under the agreement is capped at the amount of direct losses only. This may reduce the practical compensation available to users who suffer significant indirect harm.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"To the maximum extent permitted by applicable law, in no event will Fiverr, its officers, directors, employees, agents, or suppliers 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 (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content.— Excerpt from Fiverr's Fiverr Terms of Service
REGULATORY LANDSCAPE: Broad limitation of liability clauses are standard in platform terms of service but may be limited by applicable consumer protection law. EU consumer protection law (Unfair Contract Terms Directive) generally renders terms that exclude or limit a trader's liability for harm caused by the trader unenforceable in consumer contracts. UK consumer law under the Consumer Rights Act 2015 similarly restricts liability exclusions in B2C contracts. US state law varies on the enforceability of consequential damages waivers in consumer contracts. GOVERNANCE EXPOSURE: Medium. The phrase 'to the maximum extent permitted by applicable law' provides some regulatory self-correction, as it acknowledges that the clause may not be fully enforceable in all jurisdictions. However, business users and consumers in jurisdictions with robust mandatory liability rules may have greater remedies than the agreement text suggests. JURISDICTION FLAGS: EU/EEA consumers cannot be deprived of statutory remedies by contractual liability exclusions that conflict with the Unfair Contract Terms Directive. UK consumers retain equivalent protections. California residents may invoke the Consumer Legal Remedies Act in certain circumstances. The enforceability of the clause is therefore materially jurisdiction-dependent. CONTRACT AND VENDOR IMPLICATIONS: Business accounts should assess whether the limitation of liability is acceptable given the nature and value of projects they execute through Fiverr. For high-value or business-critical engagements, organizations may wish to obtain separate contractual protections from the individual seller rather than relying on platform recourse. COMPLIANCE CONSIDERATIONS: Legal teams advising users in EU/EEA, UK, or consumer-protective US states should note that the practical enforceability of this clause against individual consumers may be more limited than the document text suggests. A jurisdiction-specific analysis is advisable before relying on this clause as a complete defense to liability claims.
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The limitation of liability operates as a contractual allocation of risk, establishing the scope of Fiverr's financial exposure for service-related claims. By excluding certain categories of damages, the clause defines the maximum potential liability Fiverr assumes under the agreement.
The limitation of liability clause means that if you lose money, data, or business opportunities due to a Fiverr service failure, a third-party seller's misconduct, or a security incident, Fiverr's financial exposure under the agreement is capped at the amount of direct losses only. This may reduce the practical compensation available to users who suffer significant indirect harm.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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