This Services Agreement (the “Agreement”) is made by and between Fiverr International Ltd., located at 8 Kaplan St., Tel Aviv, Israel (“Fiverr”), and the individual accepting this Agreement (the “Service Provider”), each “Party” and collectively “Parties”. The effective date of this Agreement is the date on which the Service Provider accepted this Agreement (the “Effective Date”).

Recitals

Whereas, Service Provider is an independent contractor;

Whereas, Fiverr and Service Provider agree that Service Provider will provide Fiverr with certain services in accordance with this Agreement;

Now, therefore, in consideration of the promises and mutual covenants contained herein, the Parties hereto agree to the following during the Term (as defined below).

Agreement

1. Services

Service Provider shall perform the following services (the "Services"):
Service Provider shall record itself performing designated daily tasks, as instructed by Fiverr and/or the third-party service requester ("TPSR") at their sole discretion, from a first-person perspective (the “Recordings”), using a smartphone of the type listed in Appendix A herein mounted on a wearable head-mount apparatus (the "Wearable Head-Mount Apparatus"). The Recordings shall be made for the purpose of training TPSR's robotic systems in human motion, interaction, and environmental navigation, and shall be uploaded by Service Provider directly to TPSR's designated mobile capture application (“TPSR’s App”), in accordance with Fiverr's instructions.
For the purpose of uploading the Recordings to TPSR's App, Service Provider shall register for TPSR’s App and agree to its terms of use.
The Wearable Head-Mount Apparatus shall be purchased directly by Service Provider solely in accordance with Fiverr's instructions, and Fiverr shall reimburse Service Provider for the costs thereof via wire transfer or in Fiverr credits (that may be used by Service Provider in accordance with Fiverr’s terms of service available at https://www.fiverr.com/legal-portal/legal-terms/terms-of-service) at Fiverr’s sole discretion.
Service Provider hereby undertakes to provide Recordings of no less than the minimum hours and no more than the maximum hours as agreed upon acceptance of this Agreement of recorded footage (the "Committed Hours"). Service Provider shall not submit Recordings in excess of the Committed Hours without Fiverr's prior written consent.
Service Provider acknowledges and agrees that the geographic location from which the Services are performed shall be as agreed upon acceptance of this Agreement.
Service Provider hereby acknowledges and agrees that only complete recorded hours that have been performed strictly in accordance with Fiverr's and/or TPSR's instructions and approved in full by TPSR in its sole discretion shall constitute recorded hours eligible for compensation under Section 2 below (each, an "Eligible Recording Hour"). For the avoidance of doubt, partial recordings, recordings rejected by TPSR for any reason, and recordings that do not comply with the applicable instructions, including with respect to the Recording’s location, shall not be deemed Eligible Recording Hours, shall not entitle Service Provider to any compensation, and Service Provider waives any contention and/or claim in relation thereto.

2. Consideration

Upon the completion of the Services set forth herein for Fiverr and TPSR’s full satisfaction, Fiverr shall pay Service Provider a full and final consideration as agreed upon acceptance of this Agreement per each Eligible Recording Hour.
Payments will be made via a wire transfer or will be added to Service Provider’s Fiverr account balance, at Fiverr’s sole discretion, within 30 days from receipt of an undisputed invoice provided to Fiverr by Service Provider.
Service Provider shall bear all expenses arising from the performance of their obligations pursuant to this Agreement, unless otherwise agreed in advance and in writing by Fiverr.

3. Recording Content Obligations

General Content Standards. Service Provider warrants and undertakes that all Recordings submitted hereunder shall: (a) be original work performed and recorded by Service Provider; (b) accurately and truthfully depict genuine first-person daily-task activity, without staging, simulation, or artificial manipulation of the recorded content; (c) comply with all applicable federal, state, and local laws, ordinances, and regulations; and (d) not violate any copyright, trademark, or other proprietary rights of any third party.
Prohibited Content. Service Provider shall ensure that no Recording contains any of the following: (a) content that reflects or promotes racial or ethnic discrimination, gender or belief discrimination, disability, age, or sexual orientation discrimination; (b) content of a pornographic, obscene, or otherwise sexually explicit nature; (c) any false, misleading, or fabricated depiction of the recorded activity; (d) any material that is defamatory, harassing, threatening, or otherwise unlawful; or (e) any content that could reasonably be considered prejudicial to the brand values or legitimate interests of Fiverr and/or TPSR.
Fiverr's Approval Rights. Prior to uploading any Recording to TPSR’s App, Service Provider shall, upon Fiverr's request, make the Recording available to Fiverr for review. Fiverr shall be entitled to request revisions or reject any Recording that does not comply with the requirements set forth in this Agreement. Service Provider shall promptly re-record or otherwise remedy any non-conforming Recording at no additional cost to Fiverr.
Reputational Conduct. Service Provider undertakes not to behave in any manner which may reasonably be considered prejudicial to the reputation or legitimate interests of Fiverr or TPSR, and shall not at any time publish, transmit, or cause to be published any statement or content likely to damage the reputation of either entity or their respective products and services.
Compliance with TPSR’s App Terms. Service Provider is exclusively responsible for ensuring that all Recordings uploaded to TPSR’s App comply with its terms of use. Service Provider shall register and maintain an active account on TPSR’s App as required for the performance of the Services, and shall comply with all applicable instructions and guidelines provided by Fiverr and/or TPSR in connection therewith.

4. Privacy and Personal Data

General Obligation. Service Provider shall ensure that none of the Recordings contain any personally identifiable information or personal data of any kind, including, without limitation, names, identification numbers, addresses, telephone numbers, email addresses, financial information, health or medical information, biometric data, facial features, license plates, or any other information that may directly or indirectly identify any individual (collectively, "Personal Data"). Without derogating from the foregoing, to the extent that Service Provider includes in the Recordings any information that would constitute Personal Data, the use of such Personal Data shall be governed by the TPSR’s App terms of use, and the Service Provider releases Fiverr from any claim in connection therewith.
Pre-Screening Obligation. Prior to uploading any Recording to TPSR's App, Service Provider shall review each Recording and verify that it does not contain any Personal Data. In the event that any Personal Data is identified, Service Provider shall immediately delete such Recording and shall not upload it.
Filming Environment. Service Provider shall take all reasonable precautions to ensure that the filming environment does not contain any Personal Data, including, without limitation, ensuring that no individuals other than the Service Provider are visible in the Recordings, and that no documents, screens, or other materials displaying Personal Data appear in the Recordings.
Breach. Any breach of this Section 4 shall be deemed a material breach of this Agreement. Without prejudice to any other right or remedy available to Fiverr, Service Provider shall indemnify and hold harmless Fiverr and TPSR from and against any and all losses, damages, claims, penalties, fines, costs and expenses, including reasonable attorneys' fees, arising out of or relating to any breach of this Section 4 by Service Provider.
Survival. The obligations set forth in this Section 4 shall survive the termination or expiration of this Agreement for any reason.

5. Non-Solicitation/Engagement

Service Provider acknowledges and agrees that during the Term of this Agreement, and for a period of Five (5) years thereafter, Service Provider shall not, directly or indirectly, solicit or engage TPSR or any of its affiliates for the purpose of providing services substantially similar to the Services, excluding the purpose of performing the Services under this Agreement.
The breach of this Section 5.1 by Service Provider shall be deemed a material breach of this Agreement. Without prejudice to any claim or rights of Fiverr against Service Provider in the event of their breach of this Section 5.1, Service Provider agrees to pay Fiverr a penalty of US $20,000 per occurrence as liquidated damages for each such breach, which the Parties agree is a reasonable pre-estimate of Fiverr's loss and not a penalty. Service Provider shall immediately notify Fiverr in writing upon becoming aware of any such breach. Fiverr reserves the right to elect between the liquidated damages amount and its actual damages, whichever is greater.

6. Taxes

Service Provider will be responsible for its reports to the tax authorities and will bear all taxes and payments in connection with this Agreement. Fiverr may withhold taxes, if required by law, unless Service Provider has issued valid tax exemption certificates.

7. Proprietary Rights – Warranties and Undertakings

Service Provider warrants to Fiverr that the Recordings and all materials produced in connection with the Services shall be original work performed and recorded by Service Provider, shall not be resold or otherwise transferred to any third party, and shall not infringe any third-party rights, including copyrights, trademarks, service marks, rights of publicity, or other proprietary rights of any person or entity. Service Provider shall indemnify and hold harmless Fiverr and TPSR for any damage caused due to a breach of this Section, including damages related to third-party claims of IP infringement and/or royalty demands.
Service Provider agrees that TPSR and/or Fiverr shall have the exclusive right, title, and interest in the ownership and copyright of the Recordings and all results and deliverables produced solely and specifically under this Agreement, including without limitation all video content, audio content, and associated metadata (collectively, the "Results"). The Results are "works made for hire" within the meaning of the United States Copyright Act; provided, however, that if the Results are not "works made for hire," Service Provider hereby irrevocably conveys and assigns to TPSR and/or Fiverr the sole and exclusive right, title, and interest in the ownership and copyright of the Results. Service Provider further agrees that TPSR and/or Fiverr may use, modify, adapt, and otherwise exploit the Results at their sole discretion for any purpose, including the training and development of robotic and artificial intelligence systems, and Service Provider waives all right to claim or disclaim authorship of the Results. Service Provider agrees that neither Service Provider nor any contractor engaged by Service Provider is a joint author of any Results, and neither Service Provider nor any contractor shall have any right to use the Results for any purpose without Fiverr's express prior written approval.
Service Provider hereby irrevocably consents to Fiverr's and TPSR's use of Service Provider's name, image, voice, likeness, and any other identifying characteristics appearing in the Recordings (the "Released Material") for any purpose related to the development, training, and improvement of robotic and artificial intelligence systems, in any media or format, worldwide, in perpetuity. Service Provider shall have no claim whatsoever with respect to the Released Material or the use thereof.
Service Provider hereby waives any compensation or other remuneration, now or in the future, in connection with Fiverr's and/or TPSR's use of the Results or the Released Material, beyond the consideration expressly set forth in Section 2 of this Agreement. The consideration specified in Section 2 constitutes the complete and final consideration to which Service Provider is entitled for all work performed in connection with the Results.
Service Provider hereby releases Fiverr and TPSR from all obligations toward Service Provider arising out of or related to the use of the Recordings or the Released Material. Service Provider acknowledges that Fiverr's and TPSR's use of the Recordings and the Released Material is subject to their sole discretion, and neither is obligated to use the Recordings or the Released Material. Service Provider does not have, and will not have in the future, any claims against or demands from Fiverr or TPSR in connection therewith.
The obligations of Service Provider under this Section shall remain in full force and effect, without limitation, following the termination or expiration of this Agreement for any reason.

8. Limitation of Liability

Service Provider shall be liable to Fiverr and/or TPSR for any direct, indirect, incidental, special, or consequential damages, including reputational damages, arising out of or resulting from the Results or the Services, or from any mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance by Service Provider.
Fiverr shall not be liable to Service Provider or any third-party acting on the Service Provider’s behalf under any theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise for any special, incidental, indirect, consequential or exemplary damages arising out of or in any manner related to the Services, regardless of the form of action, and whether or not Fiverr has been informed of, or otherwise might have anticipated, the possibility of such damages.

9. Indemnification

Service Provider will defend Fiverr and its affiliates and/or agents and/or representatives and/or clients (“Fiverr Indemnified Parties”) and hold them harmless from and against any claims, suits, damages, losses, costs, expenses (including reasonable attorneys’ fees), judgments, awards, settlements, or other liabilities resulting from or arising out of: (a) the wrongful acts or omissions of the Service Provider; (b) Service Provider’s failure to comply with applicable laws, rules, and regulations, including with respect to Artificial Intelligence; (c) Service Provider’s breach of its obligations with respect to Fiverr’s Confidential Information; (d) claims of intellectual property right infringement, misappropriation, or violation of any intellectual property rights of a third-party; (e) property loss or any damage caused or sustained by Service Provider; (f) any claim that the Results or any component thereof infringes upon or violates any patent, copyright, trade secret, contractual, or any other proprietary right of any third-party; (g) any unauthorized use or disclosure of any work product or any breach by Service Provider of the privacy obligations hereunder; and (h) any breach by Service Provider of this Agreement.
Service Provider shall not settle any indemnified claim without the written consent of Fiverr unless the compromise or settlement unconditionally includes the claimant’s or the plaintiff’s release of the Fiverr Indemnified Parties from any and all liability and the settlement does not impose any affirmative obligation on the Fiverr Indemnified Parties.

10. Confidentiality

The Parties agree to hold in strict confidence each other's material technical or business information disclosed by one Party to the other Party that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of such disclosure; (ii) if disclosed orally, is identified as “confidential” or “proprietary” at the time of such disclosure; or (iii) under the circumstances, a person exercising reasonable business judgement would understand to be confidential or proprietary (“Confidential Information”). The Parties agree not to make each other's Confidential Information available in any form to any third-party or to use each other's Confidential Information for any purpose other than as specified in this Agreement. Each Party's Confidential Information shall remain the sole and exclusive property of that Party. Service Provider hereby declares that none of Fiverr's Confidential Information will be stored in any format on Service Provider's premises. Both Parties agree to hold in strict confidence all information and details of this Agreement. The obligations of confidentiality under this Section 10 shall survive the termination or expiration of this Agreement for a period of three (3) years.

11. Term And Termination

This Agreement shall commence on the Effective Date and shall remain in full force and effect until the full completion of the Services, to Fiverr’s and/or TPSR’s full satisfaction, or unless terminated earlier by Fiverr, at any time and for any or no reason, with no prior written notice (the “Term”). In the event Service Provider becomes liquidated, dissolved, bankrupt, or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, Fiverr shall have the right to immediately terminate the agreement.

12. Disputes

This Agreement and any disputes between the Parties hereto shall be governed by the laws of the State of New York, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes between the Parties hereto shall be the courts located in New York, New York, and each Party hereby irrevocably consents to the jurisdiction of such courts. Notwithstanding the foregoing, Fiverr reserves the right to seek injunctive relief in any court in any jurisdiction.

13. Waiver of breach

The failure of either Party to demand execution of any of the terms of this Agreement, or the waiver by either Party of any breach under this Agreement shall not prevent a subsequent enforcement of such terms, nor be deemed a waiver of any subsequent breach.

14. Integration and Separability

This Agreement is intended to be the sole and complete statement of the obligations of the Parties with respect to the Services, and supersedes all previous understandings, negotiations, and proposals. This Agreement may not be altered, amended, or modified, except in writing signed by duly authorized representatives of the Parties. In the event that any one or more provisions contained in this Agreement should for any reason be held to be unenforceable in any respect under the laws of, or by any governmental agency, or any government, such unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such unenforceable provision had not been contained herein. The Exhibit to this Agreement constitutes an integral part of the Agreement.

15. Relationship

The Parties agree that the sole relationship between Fiverr and Service Provider shall be that of independent contractors. Service Provider shall not be deemed to be, nor treated as, an employee of Fiverr. Based on Service Provider’s choice to engage with Fiverr as an independent contractor, Service Provider shall not be entitled to receive from Fiverr any payments arising from or in connection with employer-employee relations, including without limitation, payment of salary, taxes, social security contributions, medical insurance, severance payments, and the like.

16. Assignment

Neither Party may assign its rights and obligations under this Agreement without the other Party’s written consent. However, Fiverr may assign its rights and obligations under this Agreement to any affiliate or entity controlled by or controlling Fiverr or to any successor by way of merger, consolidation, or similar transaction. Any allowed assignment hereunder shall not change the terms of this Agreement unless the non-assigning Party consents in writing to such change in terms.

17. Counterparts.

The Parties may execute this Agreement in counterparts, including facsimile, PDF or other electronic copies, each of which will be considered an original, and all of which together will constitute one and the same instrument.

IN WITNESS WHEREOF, Fiverr and the Service Provider have executed this Agreement effective as of the date and year first written above.

Appendix A

● iPhone 11

● iPhone 11 Pro / 11 Pro Max

● iPhone 12 / 12 Mini / 12 Pro / 12 Pro Max

● iPhone 13 / 13 Mini / 13 Pro / 13 Pro Max

● iPhone 14 / 14 Plus / 14 Pro / 14 Pro Max

● iPhone 15 / 15 Plus / 15 Pro / 15 Pro Max

● iPhone 16 lineup (not 16e)

● iPhone 17 lineup (not 17e)

Android - Google Pixel

● Pixel 6

● Pixel 6 Pro

● Pixel 7

● Pixel 7 Pro

● Pixel 8

● Pixel 8 Pro

● Pixel 9 / 9 Pro

Android - Samsung Galaxy S

● S21 / S21+ / S21 Ultra

● S22 / S22+ / S22 Ultra

● S23 / S23+ / S23 Ultra

● S24 / S24+ / S24 Ultra

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