togetherr's Terms of Service
Last update: June 2022
Welcome to togetherr.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the togetherr website and mobile application, including any content, functionality and services offered on or through www.togetherr.com or the togetherr mobile application (the “Site”, “togetherr”) by Fiverr International Ltd. (8 Kaplan St. Tel Aviv 6473409, Israel). Fiverr International Ltd. and its subsidiaries are collectively referred hereto as “Fiverr” “we” or “us” and “you” or “user” means you as a user of the Site.
In case you register or use togetherr on behalf of your employer or another entity, you represent and warrant that you are authorized to bind your employer or such entity to these Terms of Service and you agree to these Terms of Service on their behalf.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the togetherr services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Client is a user who purchases services on togetherr.
Deliverables the deliverables provided as a result of the Services, as set forth in an Order Form.
Orders are the formal agreements made between Clients and Talent after subject to an Order Form and the order terms referred to therein (the “Order Terms”).
Order Form is the form created and executed between Clients and Talent via togetherr for each Order.
Project is a project ordered by Client and performed by a Team of Talents.
Services the services provided by a Talent or Team of Talents as part of a Project, as set forth in an Order Form.
Talent is a user who is available to perform services through togetherr. Talent is an independent freelancer.
Team is a team of Talents chosen by a Client for a Project.
Team Lead is the Talent leading the Team of Talents for a Project.
The togetherr Service & Your User Account
- General. togetherr reinvents the way brands and agencies work with teams of creative talent. Together is a marketplace that helps Clients to locate Talent and invite them to work together with a dedicated team on creative Projects. More specifically, Together matches Clients with a Talent or Team of Talent on a project basis and facilitates the engagement and payment from Client to Talent.
- Orders. Any Order on Together is subject to execution of an Order Form.
- No Liability for Services. Talents are the sole providers of Services. We and any of our affiliated companies, officers or personnel, are not an agency and are not responsible for the content, quality or the level of Service provided by the Talent. We provide no guarantee or warranty with respect to the Talent, their Services and delivery, non infringement or any communications between Talent and Client. All such warranty is provided by Talent to Client directly, as set forth in the Order Form, Order Terms or any other agreement between Client and Talent.
- User Account. In order to access and use certain features of the Site and the Together service, you must first register and create an account with togetherr. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account. You must immediately notify us of any unauthorized use of your account. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account. For additional terms applicable to Client Account, please refer to the section titles “Client Account”.
- Disabling User Account. We reserve the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or the Together service. Users with disabled accounts will not be able to use togetherr.
- Warnings. Users may receive a warning to their account for violations of our Terms of Service or any user misconduct. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.
- Client Account. When opening a Client account (“Client Account”) you represent and warrant that you are authorized to bind the Client to these Terms of Service and you agree to these Terms of Service on your behalf and on the Client’s behalf.
- The Client. The Client shall be the sole and exclusive owner of the Client Account, including any data, Orders and deliveries, and shall be responsible to all activities by Members in the Client Account. In case of a dispute regarding the identity of the Client, we reserve the right to determine the identity of the Client at its sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend the Client Account, without liability to you or to any other party. We reserve the right to request from you or anyone on your behalf any form of verification we deem necessary for this purpose.
- Account members. There are various types of users in a Client Account (“Members”) and their permissions may vary. For the avoidance of doubt, all users in a Client Account are deemed Members.
- Members have access to information available in the Client Account including Orders, purchases, deliveries made within the Account and information about other Members.
- When inviting other Members to a Client Account, Member undertakes and confirms that he is authorized to invite such other Members to the Client Account and that such other Members are authorized to use the Client Account on behalf of the Client, including the use of the shared payment method.
- By granting other Members permissions under a Client Account, you on behalf of the Client, represent and warrant that: (a) such Member is authorized to act on the Client’s behalf; and (b) the Client is fully responsible and liable for such Member’s acts and omissions, including for Orders and payments performed by other Members via the Client Account.
- By joining a Client Account as a Member you: (i) agree to provide us with accurate, complete, and current registration information; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Member account; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Member account and/or the Client Account and/or any breach of these Terms of Service. The Client and you, jointly and severally, will be responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Client Account by either you or any other user or third party on your behalf.
- Closing and disabling the Client account. A Client Account can only be closed by the Client. Upon closure of a Client Account, all related Members will be removed from the Client Account. Fiverr reserves the right to put a Client Account or any Member on hold or permanently disable accounts should we notice any activity that we determine to be fraudulent or inappropriate (including by any Member), or due to breach of these Terms of Service or the Order Terms (including by any Member). Client and/or Members with disabled accounts, will not be able to use togetherr.
User Conduct and Undertakings
- User Undertaking.
- Non-Circumvention. You agree to use togetherr as your exclusive method to make and/or receive payments for any Service provided by you or to you, and not to circumvent the payment methods offered by us. This non-circumvention requirement applies to all Users - Clients, including Members, and Talent. You agree to notify us immediately if other users propose that you make payments other than through the togetherrr. You acknowledge and agree that a violation of requirement is a material breach of these Terms of Service and may lead to a permanent suspension of the violating your account.
- Non-Solicitation.You and any third party on your behalf, will not, directly or indirectly, offer or solicit to hire, or engage or contract for performance of services (or accept any offer or solicitation from) any parties introduced through togetherr or to whom you become aware of in connection with your use of togetherr (other than via Together and execution of an Order Form), during a period of twelve (12) months following such introduction by togetherr.
- Compliance with Laws. You must comply with all laws and regulations applicable to you and not violate or infringe any applicable law, contractual obligation or rights of third parties.
- No Discrimination. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Reviews and Ratings. You are not permitted to abuse our reviews and rating systems. Reviews demonstrate the Client’s overall experience with the Talent and their Service as well as Talent experience with Client. To prevent any misuse of our feedback system, all feedback reviews must come from legitimate Services executed exclusively through togetherr. You may not solicit the removal of reviews from your profile and may not withhold the delivery or progress of Services, files, or information required to complete the Service with the intent to gain favorable reviews.
- Scanning files. You are responsible for scanning all delivered files for viruses and malware. We will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Non-Permitted Usage
- Fraud / Unlawful Use. You may not use togetherr for any unlawful or fraudulent purposes, to conduct illegal activities or mislead others.
- Inappropriate Behavior & Language. Communication on togetherr should be friendly, constructive, and professional. We condemn bullying, harassment, and hate speech towards others. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Adult Services & Pornography. We do not allow any exchange of adult oriented or pornographic materials and services.
- Phishing & Spamming. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Do not contact other users with (i) offers, questions, suggestions or anything which is not directly related to their Services, or (ii) to pursue removing/ modifying reviews or cancelling orders.
- Privacy & Confidentiality. You may not publish or post other people's private, personal and confidential information.
- Authentic togetherr Profile. You may not create a false identity on togetherr, misrepresent your identity, create a togetherr profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. We reserve the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
- Multiple Accounts. To prevent fraud and abuse, users are limited to one active togetherr account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the togetherr community will be disabled. Mass account creation may result in disabling of all related accounts.
- Targeted Abuse. We do not tolerate users who engage in targeted abuse or harassment towards other users. This includes creating new multiple accounts to harass members through our message or ordering system.
- Selling Accounts. You may not buy or sell togetherr accounts.
Intellectual Property & User Generated Content
- Proprietary Restrictions. The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Fiverr and protected by copyright, trademark, and other intellectual property laws. togetherr is a trademark owned exclusively by Fiverr.
Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices, (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing. Except for the limited right to use the Site according to these Terms of Service, Fiverr owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
- Feedback Rights. To the extent that you provide us with any comments, suggestions or other feedback regarding the Together platform or the Site as a whole, as well as other Fiverr products or services (collective, the “Feedback”), you will be deemed to have granted Fiverr an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Fiverr is under no obligation to implement any Feedback it may receive from users.
- User Generated Content. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to the SIte by our users is User Generated Content. We do not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the togetherr platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
By posting or sharing UGC on or through the Site, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform UGC in connection with the Site.
- DMCA. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Publicity. We may refer to you, Client or Talent, on our marketing materials and online platforms and may use you as a reference. You agree that content voluntarily create/upload to togetherr, including user profile information, usernames, user photos, user videos and any other information, may be used by Fiverr for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR FROM TALENT IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVERR NOR ANY PERSON ASSOCIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIVERR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE AND/OR THE TOGETHER SERVICE AND/OR ANY SERVICE OFFERED BY TALENT, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR THE TOGETHER SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Fiverr, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
- Indemnity. You agree to defend, indemnify and hold harmless Fiverr, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (i) your violation of any term of these Terms of Service or any Order Form; and/or (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your use of togetherr and the Site.
- Modifications. We may make changes to these Terms of Service from time to time. When changes are made, we will make a new copy of these Terms of Service available on this page. You understand and agree that if you use togetherr after the date on which these Terms of Service have changed, your use will be considered as acceptance of the updated Terms of Service .
- Discontinuation of togetherr. We may add, modify or discontinue any feature, functionality or any other tool, within the Site and/or the togetherr marketplace, or suspend the Site and/or the togetherr marketplace altogether, at our own discretion, at any time, and without further notice.