Direct Counterparty Recourse and Non-Arbitral Status
- 1Non-Escrow & Non-Profit Model: The Operis Platform operates without holding user funds, maintaining escrow pools, deducting transactional commissions, or judging code deliverability.
- 2Exclusion of Judicial or Arbitral Role: The Platform is neither a court, arbitral tribunal, notary, escrow agent, nor mediator regarding disputes over technical quality, scope creep, delivery delays, or unpaid invoices. Counterparties must pursue claims directly and solely against each other.
Multi-Tier Dispute Resolution Workflow
In the event of an engagement dispute, counterparties agree to observe the following escalation steps:
Tier 1: Direct Good-Faith Negotiation (14-Day Period)
The Employer and Engineer must first attempt direct bilateral resolution under principles of objective good faith, relying upon their bilateral contract draft and agreed-upon milestone specifications.
Tier 2: Voluntary Professional Mediation
Should direct negotiations fail, the parties are strongly encouraged to submit their dispute to an accredited independent mediator pursuant to Turkish Law No. 6325 or equivalent international mediation frameworks. A formalized mediation agreement possesses the legal force of a binding court judgment.
Tier 3: Judicial Jurisdiction
Disputes incapable of amicable or mediated resolution may be submitted to the competent judicial courts designated in the parties' private bilateral agreement, or pursuant to general jurisdictional venue rules.
Platform Lawsuit Immunity and Subpoena Compliance
- 1Immunity from Legal Action: Users agree never to name Operis, its founders, or affiliates as defendants, co-defendants, or liable third parties in any civil lawsuit, commercial arbitration, or debt collection proceeding arising from a counterparty default.
- 2Judicial Record Provision: Upon receipt of valid court orders or official subpoenas issued by authorized regulatory bodies, Platform cryptographic logs, timestamped hashes, and match records maintained under Law No. 5651 will be disclosed strictly to official authorities.