Parties, Nature of Service, and Non-Profit Foundation
These Terms of Service ("Agreement") are entered into between Operis Teknoloji Anonim Sirketi ("Platform", "Company", or "Service Provider") and any natural or legal person ("User") who accesses, registers with, or utilizes the platform, website, and related digital services ("System").
The Platform operates strictly as a non-profit, free, open, and independent technological discovery and matching network connecting independent technology specialists, software engineers, and designers ("Developers / Contractors") with project creators and organizations ("Clients / Project Owners").
Pursuant to applicable intermediary liability statutes, the Platform acts exclusively as an intermediary service and hosting provider. The Platform does not control, supervise, warrant, or verify user-generated project descriptions, private proposals, credentials, performance quality, or payment fulfillments.
Zero Commercial Risk and Absolute Independence
- 1Non-Involvement in Bilateral Commerce: The commercial, legal, financial, and contractual relationship between project creators and contractors is strictly independent and does not involve the Platform in any capacity. The Platform assumes zero commercial, financial, or performance risk.
- 2100% Free & Zero-Commission Model: The Platform charges no commissions, no transaction fees, and no membership fees for accessing the network, posting listings, or submitting proposals.
- 3Strict Prohibition of Escrow and Payment Transmission: The Platform does not hold, manage, transfer, or escrow user funds. The Platform operates no digital wallets or escrow vaults and is not a payment service or financial institution.
- 4Direct Counterparty Liability: Invoicing, deliverables, milestone payments, and satisfaction of contractual promises occur exclusively between users. The Platform is not a party, guarantor, surety, agent, or arbiter of any project contract.
Total Disclaimer of Lawsuits, Claims, and Aggrieved Party Liability
To the maximum extent permitted by applicable law:
- 1Covenant Not to Sue & Irrevocable Waiver: Users explicitly covenant, acknowledge, and agree that under no circumstances—including but not limited to non-payment by a client, defective or missing code by a contractor, scam or fraud by a counterparty, breach of copyright, or any aggrieved party loss—shall the User bring any lawsuit, legal action, enforcement proceeding, damage claim, or arbitration against the Platform, its directors, or employees. Users irrevocably waive and discharge all such claims.
- 2Sole Recourse Between Counterparties: In the event any user suffers injury, financial loss, or contractual default, their exclusive and sole remedy lies directly against the counterparty who committed the act or omission. No liability shall be imputed to or indemnified by the Platform.
- 3Contract Draft Disclaimer: Any sample freelance service agreement draft or PDF generated by the Platform is provided solely for user convenience and informational self-protection. It does not constitute legal counsel. Counterparties execute and rely upon agreements entirely at their own discretion and peril.
Disavowal of Employment and Agency
Between the Platform and Users:
- 1No employer-employee, statutory employment, or labor relationship is formed under any labor laws or social security regulations.
- 2The Platform is not an employment agency, headhunter, staffing firm, or labor placement service.
- 3Users act strictly as independent contractors and business entities. No agency, partnership, or fiduciary representation is created.
Software Quality and Cybersecurity Disclaimers
- 1The Platform does not inspect, test, review, or warrant source code, deliverables, or system architectures produced by contractors. The Platform disclaims all warranties regarding defect-free code, performance, absence of backdoors, trojans, ransomware, or vulnerabilities.
- 2Clients bear the exclusive responsibility to perform code audits, penetration tests, and security reviews prior to deploying deliverables into production environments.
Limitation of Liability
To the maximum extent permitted by applicable law, the Platform, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, consequential, incidental, punitive, or special damages, lost profits, lost revenues, loss of data, or business interruption. In the event liability is established by a competent court, the total aggregate liability of the Platform shall in no event exceed 0 (zero) Turkish Liras (or USD equivalent).
Platform Rules and Eligibility
- 1Age Requirement: Users must be at least 18 years old to register, publish projects, or submit proposals.
- 2One Account Per Person: Each individual is limited to a single profile.
- 31-Week Freshness Radar: Project listings remain active for a maximum of 1 week (168 hours) before entering inactive status.
- 4Encrypted Proposals: Proposals remain encrypted (AES-256) and sealed against competitors.
- 5External Portfolio Links: Users may link third-party portfolio channels (GitHub, Behance, Dribbble, LinkedIn, etc.) at their own discretion and responsibility.
Governing Law and Jurisdiction
- 1Governing Law: This Agreement is governed by the laws of the Republic of Turkey.
- 2Exclusive Jurisdiction: The central courts and enforcement directorates of Istanbul (Caglayan) have exclusive jurisdiction over any disputes arising from this Agreement.
- 3Evidentiary Agreement: System server logs, cryptographic SHA-256 hashes, consent timestamps, and database audit logs constitute conclusive legal evidence.