TERMS OF SERVICE - extraİŞ (EXTRAIS)
Last Updated: April 2026 Effective Date: April 2026 Version: 1.0 - Comprehensive Enterprise Edition
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Service ("Terms"), together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Dispute Resolution Policy, constitute the entire legal agreement ("Agreement") between you and TABA TASARIM İNŞAAT A.Ş., a joint-stock company duly incorporated and validly existing under the laws of the Republic of Turkey ("Company," "we," "us," "our," "Extrais," or "Platform").
This Platform is an online marketplace that facilitates the connection between service providers and clients seeking freelance services. The Company acts as an intermediary platform only and does not act as an employer, principal, or party to any service contract between users.
By accessing, browsing, registering on, or using the Extrais Platform in any manner whatsoever—including but not limited to its website (extrais.com), mobile applications, APIs, tools, content, and services—you acknowledge that you have read, fully understood, and irrevocably agree to be bound by all terms contained herein. Your use of the Platform constitutes acceptance of this Agreement in its entirety.
If you do not agree with any portion of these Terms, you must immediately cease use of the Platform and refrain from accessing it further. Continued use after notice of modifications constitutes acceptance of all amendments.
1.1 Company Information
Legal Entity: TABA TASARIM İNŞAAT A.Ş. Registered Address: Şehit Şakir Elkovan cad. No:3 Ataşehir Istanbul Türkiye Email: support@tabaglobal.com KVKK Contact: kvkk@extrais.com Website: extrais.com Governing Law: Republic of Türkiye Jurisdiction: Istanbul Courts of the Republic of Türkiye Registration Number: [Turkish Commercial Registry Number] Tax ID: [Turkish Tax Identification Number]
2. DEFINITIONS AND INTERPRETATION
2.1 Defined Terms
- "Account" means a unique user account created by you on the Platform using your email address or third-party authentication method, which grants you access to Platform features and services.
- "Acceptable Use Policy" means the policy document setting forth prohibited conduct on the Platform, accessible at extrais.com/legal/acceptable-use.
- "AI-Generated Content" means any work product, deliverable, or output created, substantially assisted by, or generated using artificial intelligence systems, machine learning models, or algorithmic processes.
- "AI Freelancer" means any user whose primary service offering involves providing AI-generated content, AI-powered analysis, or automated services, as designated through the Platform's freelancer profile system.
- "Arbitration" means the binding resolution of disputes through a neutral third-party arbitrator under the International Arbitration Law of Turkey or Istanbul Arbitration Center rules, as specified in Section 16.
- "Client," "Hirer," or "Buyer" means any user who posts job opportunities on the Platform or contracts with a Freelancer to receive services.
- "Confidential Information" means any non-public information disclosed between parties including project details, pricing, business practices, methodologies, and trade secrets, as more fully defined in Section 11.
- "Content" means any text, images, photographs, videos, audio, code, documents, deliverables, materials, or other data in any format submitted, posted, transmitted, or displayed on the Platform by any user.
- "Dispute" means any disagreement, controversy, or claim arising from or relating to these Terms, Platform use, or any transaction between users, including but not limited to payment disputes, quality disputes, intellectual property claims, and contractual disagreements.
- "Dispute Resolution Administrator" means the neutral third party appointed by the Company to investigate and mediate disputes between Platform users, as detailed in Section 16.
- "Escrow" means the digital holding of Client payment funds by the Platform until Milestone completion or dispute resolution, as outlined in Section 9.
- "Force Majeure Event" means any unforeseeable circumstance beyond a party's control, including but not limited to acts of God, war, terrorism, government action, pandemic, natural disaster, or internet infrastructure failure, as more fully detailed in Section 20.
- "Freelancer," "Service Provider," or "Seller" means any individual, business entity, or AI system offering services on the Platform, whether registered as a freelancer, agency, or contractor.
- "Intellectual Property" means all patents, trademarks, trade names, logos, copyrights, moral rights, database rights, design rights, and all other intellectual property rights recognized under Turkish law (TTK 6102), international treaties, and applicable jurisdictions.
- "Jurisdiction" means the courts and legal system of Istanbul, Republic of Türkiye, as explicitly specified herein.
- "KVKK" means the Personal Data Protection Law of Turkey (Law No. 6698), which governs data collection and protection.
- "Licensing" means the grant of limited, non-exclusive, non-transferable rights to use Content as specified in Section 12.
- "Milestone" means a defined deliverable, completion stage, or project phase with an associated amount of payment held in Escrow until Completion or dispute resolution.
- "Modification" means any unilateral amendment to these Terms by the Company, effective upon notice on the Platform, with continued use constituting acceptance.
- "Personal Data" means any information relating to an identified or identifiable natural person under KVKK and GDPR standards.
- "Platform" means the entire Extrais website, mobile applications, services, tools, and infrastructure operated by the Company.
- "Service Contract" means the separate agreement between a Client and Freelancer regarding a specific job or project, which is a distinct contract from these Terms.
- "Third-Party Services" means external services, integrations, tools, and APIs used by the Platform, for which the Company disclaims responsibility as outlined in Section 18.
- "TTK" means the Turkish Commercial Code (Law No. 6102).
- "TBK" means the Turkish Civil Code (Law No. 6098).
- "Termination" or "Terminate" means the cancellation, suspension, or discontinuation of your Account or access to the Platform by you or the Company.
- "Turkey" or "Turkish" refers to the Republic of Türkiye.
- "You," "Your," or "User" means any individual, business entity, or automated system that accesses or uses the Platform.
2.2 Interpretation Rules
All section headings are for reference only and do not constitute part of these Terms. The use of "including" means "including without limitation." References to days mean calendar days unless specified as business days. All times are in Istanbul (Turkey) time zone. The singular form includes the plural and vice versa. If any term is deemed ambiguous, it shall not be interpreted against the drafter.
3. ELIGIBILITY, REGISTRATION, AND ACCOUNT OBLIGATIONS
3.1 Eligibility Requirements
To create an Account and use the Platform, you must:
- Be at least eighteen (18) years of age or have attained the legal age of majority in your jurisdiction, whichever is greater, and capable of entering into binding contracts;
- Have the legal capacity and authority to bind yourself or your organization to these Terms;
- Not be a resident of or operating from any jurisdiction subject to comprehensive sanctions or embargo under international law or Turkish government restrictions;
- Not be prohibited by applicable law, court order, or regulatory action from accessing online services or freelancing platforms;
- Possess a valid email address and valid payment method accepted by the Platform;
- Not have been previously terminated from the Platform due to breach of Terms;
- Not be a minor or legally incompetent person in your jurisdiction;
- Comply fully with all applicable laws and regulations in your jurisdiction, including foreign exchange controls, export restrictions, and sanctions compliance;
- Not be using the Platform for any illegal purpose or in violation of any applicable law;
- Be willing to provide truthful, accurate, current, and complete information during registration and maintain such accuracy throughout your use.
3.2 Account Registration Process
3.2.1 Registration Information
During registration, you must provide:
- Your legal full name (matching government-issued identification for verification)
- A valid email address that you control and monitor regularly
- A secure password that you will keep confidential
- Your country of residence and business location
- A valid payment method (credit card, bank account, or PayPal as applicable)
- Phone number for account recovery and verification purposes
- Business registration details if registering as a company or sole proprietor
- Tax identification number or equivalent
3.2.2 Account Verification
The Company reserves the right, at its sole discretion and at any time, to:
- Request documentary evidence of your identity, including copies of government-issued identification
- Verify business registration, tax status, and legal entity information
- Conduct background checks or third-party verification services
- Require professional certification or credentials for certain service categories
- Verify your phone number and email address through automated or manual means
- Request additional information to comply with anti-money laundering (AML) and know-your-customer (KYC) requirements
Failure to provide requested verification information within fourteen (14) calendar days of request shall result in automatic Account suspension pending verification or Termination at the Company's discretion.
3.2.3 Account Credentials and Security
You are solely responsible for:
- Maintaining the absolute confidentiality of your password and Account credentials
- Safeguarding your email account and any devices used to access the Platform
- Implementing reasonable security measures, including strong passwords and multi-factor authentication
- Immediately notifying the Company of any unauthorized access or suspected compromise
- Monitoring your Account for suspicious activity
- Accepting all liability for all activities conducted under your Account credentials, whether authorized or unauthorized
The Company is not responsible for any unauthorized access resulting from your failure to protect your credentials. If you suspect unauthorized access, you must notify support@tabaglobal.com immediately. The Company may, at its discretion, require you to change your password or take other remedial security measures.
3.2.4 Multi-Account Prohibition
You are strictly prohibited from:
- Creating multiple Accounts to circumvent Platform policies, limitations, or restrictions
- Using another person's Account or identity
- Using automated systems to create Accounts
- Accessing Accounts of other users without authorization
- Impersonating any person or entity
Violation of this prohibition shall result in immediate and permanent Termination of all related Accounts and potential legal action.
3.3 Profile Information and Representation
3.3.1 Accuracy of Information
You represent and warrant that all information you provide is accurate, truthful, current, and complete. You agree to update your Account information promptly if any information becomes inaccurate or obsolete. The Company may, at any time, investigate the accuracy of information and suspend your Account pending verification.
3.3.2 Professional Credentials
If you represent professional qualifications, certifications, or credentials in your profile:
- You represent that you genuinely possess all claimed qualifications
- You assume full liability for any false or misleading credential claims
- You shall provide documentary proof if the Company requests verification
- Professional bodies may be contacted to verify your credentials
- Misrepresentation shall result in immediate Account Termination and potential legal action
3.3.3 Profile Content Ownership
All text, images, logos, and other content you submit for your profile must be owned by you or licensed to you. You grant the Company a worldwide, royalty-free, perpetual license to display your profile information on the Platform.
4. PLATFORM ROLE AND INTERMEDIARY STATUS
4.1 Non-Party Status
The Company explicitly declares and the parties expressly acknowledge that:
- The Company is a technology platform intermediary only and is not a party to any Service Contract between Clients and Freelancers
- The Company is not an employer, principal, agency, or staffing company with respect to any Freelancer
- No employment relationship exists between the Company and any Freelancer
- No principal-agent relationship exists between the Company and any user
- The Company does not control the work performed, methods used, or schedule of Freelancers
- The Company is not responsible for the performance or non-performance of any Service Contract
- The Company neither guarantees that Clients will receive services nor that Freelancers will obtain contracts
This intermediary status is absolute and immutable regardless of how services are structured or performed.
4.2 Independent Contractor Status
All Freelancers using the Platform are independent contractors, not employees or agents of the Company. Specifically:
- Freelancers set their own rates, availability, and work schedule
- Freelancers are solely responsible for withholding and paying all applicable taxes and employment contributions
- Freelancers must obtain their own business insurance and professional liability coverage
- Freelancers are responsible for ensuring compliance with labor laws in their jurisdiction
- The Company provides no employee benefits, workers' compensation, unemployment insurance, or similar protections
Freelancers are advised to consult with tax and legal professionals regarding their tax obligations under Turkish law and the law of their jurisdiction.
4.3 Client Responsibilities
Clients acknowledge that:
- The Company makes no warranties regarding Freelancer qualifications or performance quality
- Clients are responsible for evaluating Freelancers and making their own hiring decisions
- Clients assume all risk related to hiring Freelancers and receiving services
- Clients are responsible for their own background checks and due diligence
- The Company does not verify Freelancer credentials, experience, or identity beyond automated checks
5. USER ROLES AND CONDUCT OBLIGATIONS
5.1 Freelancer Obligations
All Freelancers agree to:
5.1.1 Service Delivery
- Deliver services as explicitly described in the Service Contract in a professional, timely, and competent manner
- Meet all specified deadlines, milestones, and quality standards agreed with the Client
- Provide only original work or properly licensed third-party content, with appropriate attribution
- Disclose immediately if unable to meet deadlines or complete work
- Not misrepresent work quality, timeline feasibility, or capability
5.1.2 Communication and Professionalism
- Respond to Client communications within three (3) business days, or as specified in the Service Contract
- Maintain professional, respectful communication at all times
- Not engage in abusive, threatening, harassing, or discriminatory communication
- Provide updates on project progress as agreed
- Not ignore Client requests or disappear from active projects
5.1.3 Intellectual Property Compliance
- Not plagiarize or infringe upon intellectual property rights of any third party
- Not submit work containing copyrighted material, software, or trade secrets without proper licensing
- Not use client confidential information for any purpose other than performing the contracted services
- Warrant that all submitted work is original or properly licensed
- Assume full liability for any intellectual property infringement claims
5.1.4 AI Disclosure
- Disclose prominently in project descriptions any use of AI tools, artificial intelligence, or automated processes in service delivery
- Explicitly indicate what portions of work, if any, are AI-generated versus human-created
- Warn clients of limitations of AI-generated work, including accuracy limitations and potential hallucinations
- Obtain client consent before using AI for any service component
- Update disclosure immediately if work methodology changes to incorporate AI
5.1.5 Exclusivity and Conflicts
- Not transfer assignments to third parties or subcontractors without explicit prior written Client approval
- Disclose any competing work or potential conflicts of interest
- Not solicit Clients to conduct business directly outside the Platform to circumvent Platform fees
- Not use Platform to build customer lists for direct solicitation outside the Platform
- Respect non-solicitation and confidentiality provisions
5.1.6 Work Ownership
- Upon full payment by the Client, transfer all ownership rights to work product unless otherwise agreed
- Not retain work product or use client work for portfolio purposes without written permission
- Comply with client requests to remove work samples from portfolio
- Respect client confidentiality regarding project details and work product
5.2 Client Obligations
All Clients agree to:
5.2.1 Specification and Communication
- Provide clear, detailed, and complete project specifications and requirements
- Communicate expectations regarding quality, timeline, and deliverables
- Provide all necessary background information, assets, and materials promptly
- Respond to Freelancer questions and requests for clarification within three (3) business days
- Provide constructive feedback rather than vague complaints
5.2.2 Payment Obligations
- Release milestone payments according to the Platform's escrow schedule upon Milestone completion
- Not withhold payment absent legitimate dispute of quality or non-delivery
- Pay all agreed fees and Platform fees on the schedule specified
- Not attempt to negotiate lower rates after work is substantially completed
- Maintain adequate funds in payment method to ensure payment processing
5.2.3 Respect and Professionalism
- Treat Freelancers with respect and professionalism
- Not make abusive, threatening, harassing, or discriminatory demands
- Not request free or reduced-rate work as a condition of future projects
- Not request work that violates any law or Platform policies
- Not request illegitimate revisions or changes outside the original scope
5.2.4 Intellectual Property Respect
- Respect Freelancer intellectual property rights in tools, methodologies, and processes used
- Respect Freelancer confidential information and proprietary methods
- Not claim ownership of Freelancer intellectual property beyond the deliverables
- Not use work product for any purpose beyond agreed scope without additional payment
- Comply with Freelancer licensing and attribution requirements
5.2.5 Confidentiality
- Not disclose Freelancer information, rates, or contact details to third parties
- Not attempt to circumvent Platform by contracting directly with Freelancers discovered on Platform
- Maintain confidentiality of any Freelancer processes, methodologies, or proprietary information disclosed
5.3 Special Rules for AI Freelancers and AI-Generated Content
5.3.1 Disclosure Requirements
Freelancers offering AI-generated content must:
- Clearly label their profile as "AI-Powered" or "AI-Generated Work"
- Prominently disclose in each job description exactly what AI tools and systems will be used
- Provide clients with examples of the type of output they can expect
- Specify what human review and refinement will be provided
- Obtain affirmative client consent to proceed with AI-generated work
5.3.2 Quality and Accuracy
Clients acknowledge that AI-generated work:
- May contain errors, inaccuracies, inconsistencies, or "hallucinations"
- Requires human review and editing before publication or use
- Is provided on an "as-is" basis without warranty of accuracy or fitness for particular purpose
- May require revision requests to achieve acceptable quality
- Is subject to the same refund and dispute policies as other work
5.3.3 Intellectual Property for AI-Generated Content
- Clients own the AI-generated output upon payment, but not the underlying AI model or system
- Clients cannot reverse-engineer or attempt to replicate the AI system used
- Clients cannot claim ownership of the AI system, prompt engineering, or methodology
- The Freelancer retains all rights to their prompt engineering, datasets, and methodologies
- If the Freelancer's AI output is based on the Client's specific input data, Client retains rights to that data
5.3.4 Non-Liability for AI Limitations
Neither the Freelancer nor the Company is liable for:
- AI errors, inaccuracies, or biased outputs
- Use of AI-generated work in ways that produce harmful results
- Client's failure to properly review and edit AI output before use
- Legal consequences of publishing AI-generated content without proper fact-checking
- Copyright or plagiarism issues in AI-generated content (though Freelancer warrants originality)
6. JOB POSTING, BIDDING, AND CONTRACTING
6.1 Job Posting by Clients
6.1.1 Posting Process
Clients may post jobs or projects on the Platform. Each posting must include:
- Clear description of required work and scope
- Expected timeline and deadline
- Budget and payment terms (fixed-price, hourly, or milestone-based)
- Required qualifications and skills
- Any specific tools, technologies, or methodologies
6.1.2 Prohibited Job Postings
Clients may not post jobs for:
- Illegal work or services prohibited by any applicable law
- Services that violate third-party intellectual property rights
- Discriminatory services based on protected characteristics
- Services that exploit or endanger workers
- Hacking, cracking, or circumventing security systems
- Creating fake reviews, manipulating rankings, or unethical marketing
- Services that violate Platform policies
- Any services that the Company, at its sole discretion, deems inappropriate
Any prohibited posting will be removed immediately, and the Client's Account may be suspended or terminated.
6.1.3 Job Posting Accuracy
Clients represent and warrant that:
- All job information is truthful, accurate, and not misleading
- The job description reflects actual work required, not inflated requirements
- The budget is reasonable for the work described
- They have the authority to hire and pay for the work described
- No illegal, unethical, or fraudulent purpose underlies the posting
6.2 Freelancer Bidding and Proposals
6.2.1 Bidding Process
Freelancers may submit proposals on job postings. Proposals should:
- Clearly specify the scope of work they will deliver
- State their proposed timeline and availability
- Explain relevant experience and qualifications
- Address specific requirements in the job posting
- Be professional and detail-oriented
6.2.2 Proposal Representations
By submitting a proposal, Freelancers represent that:
- They genuinely possess the skills and experience described
- They can complete the work as described in the timeline specified
- Their rate is genuine and not artificially low to win work they cannot perform
- They will not bait-and-switch or change the scope significantly after contracting
- All credentials and experience claims are truthful
6.2.3 Proposal Withdrawal
Freelancers may withdraw proposals before a Client accepts them. After acceptance, withdrawal may be permitted only with Client consent and may result in Account suspension or termination.
6.3 Service Contract Formation
6.3.1 Acceptance and Binding Effect
When a Client accepts a Freelancer's proposal or a Freelancer accepts a Client's job posting, a binding Service Contract is created. The Service Contract consists of:
- The job posting details as modified by the accepted proposal
- Any written communications exchanged before acceptance regarding scope or terms
- The milestone structure and payment schedule agreed
- The timeline and deadline specified
This Service Contract is entirely separate from these Terms and binds the Client and Freelancer exclusively.
6.3.2 Contract Specificity
The more specific a Service Contract, the better. Service Contracts should specify:
- Exact deliverables and output specifications
- Revision rounds and change procedures
- Timeline and deadline
- Payment amount and milestone structure
- Intellectual property ownership
- Confidentiality obligations
- Communication and approval process
- Acceptance criteria for deliverables
6.3.3 Disputes Over Contract Terms
If the Client and Freelancer disagree about Service Contract terms, the Company will not adjudicate the dispute unless a Dispute is formally filed through the Platform's Dispute Resolution Process (Section 16). Absent a formal Dispute, the parties are bound by the terms as they appear in the Platform's record of the job posting and accepted proposal.
7. PAYMENT TERMS, ESCROW, AND FEES
7.1 Payment Mechanism and Escrow
7.1.1 Escrow System
The Company operates an escrow system whereby:
- When a Client accepts a Freelancer's proposal, the Client must fund an escrow account with the Project amount
- Funds are held in secure escrow and not released to the Freelancer until Milestone completion
- The Company holds funds as stakeholder only, not as lender or investor
- Interest is not paid on escrowed funds
- Funds may be released upon agreement of both parties or through Dispute Resolution
7.1.2 Funding Requirements
Before work begins, the Client must:
- Fund the full Milestone amount in escrow through an accepted payment method
- Maintain sufficient funds to cover payment processing fees
- Authorize the charge to their payment method
- Accept that the charge will be processed immediately
7.1.3 Milestone Release
When a Freelancer indicates completion of a Milestone, the Client may:
- Release Payment: Approve Milestone completion and authorize payment release to the Freelancer
- Request Revisions: Request changes or corrections (subject to contract revision limits)
- Dispute: File a formal Dispute if the Freelancer has not delivered as contracted
Payment is released only when the Client explicitly approves Milestone completion or through Dispute Resolution.
7.2 Freelancer Payment and Withdrawals
7.2.1 Payment Processing
Released payments are credited to the Freelancer's Platform wallet. Freelancers may:
- Keep funds in their Platform wallet for future projects
- Withdraw funds to their registered bank account, PayPal account, or other payment method
- Request payment processing at any time with available funds
7.2.2 Withdrawal Fees and Processing
- Withdrawal fees vary by payment method (typically 2-4% for bank transfers, variable for other methods)
- Processing time is typically 3-5 business days but may take up to 10 business days
- The Company does not guarantee same-day or next-day payment processing
- Bank transfer failures or delays are the responsibility of the financial institutions, not the Company
- International payments may incur additional currency conversion and international transfer fees
7.2.3 Freelancer Tax Responsibility
Freelancers acknowledge that:
- The Platform does not withhold taxes or employment contributions
- Freelancers are solely responsible for calculating and paying all applicable taxes
- Freelancers must maintain records of all earnings for tax reporting
- Different jurisdictions have different tax requirements for freelance income
- The Company strongly recommends consulting a tax professional regarding tax obligations
The Company will provide annual earnings statements for tax reporting purposes.
7.3 Platform Fees
7.3.1 Fee Structure
The Company charges fees as follows:
- Transaction Fee (Freelancer): [X%] of each completed Project (deducted from Freelancer payment)
- Payment Processing Fee: [Y%] for all payment method transactions
- Withdrawal Fee: [Z%] or fixed amount depending on withdrawal method
- Premium Features: Additional fees may apply for optional premium services, profile boosting, or advertising
All fees are displayed to Clients and Freelancers before acceptance of a proposal.
7.3.2 Fee Changes
The Company reserves the right to change its fee structure at any time with notice to users. Changes will take effect thirty (30) days after notice on the Platform. Continued use after the effective date constitutes acceptance of new fees. For ongoing projects, existing fees will apply until completion unless both parties agree otherwise.
7.3.3 No Refund of Fees
Platform fees are non-refundable except as required by law or in cases of documented Company error. If a Dispute results in refund of the Service amount, Platform fees are not refunded.
7.4 Refunds and Chargebacks
7.4.1 Refund Policy
- Refunds are available only in cases of non-delivery, fraud, or Dispute Resolution decisions
- The Client may not receive a refund simply due to dissatisfaction with quality if the work meets the contracted specifications
- A Dispute must be formally filed for refund consideration
- Refunds are processed within 5-10 business days after Dispute Resolution
7.4.2 Chargeback and Credit Card Disputes
- Using credit card chargeback or payment processor dispute mechanisms rather than the Platform's Dispute Resolution Process is prohibited
- Any chargeback initiated by a Client will result in immediate Account Termination and permanent platform ban
- The Company reserves the right to pursue legal action to recover chargeback amounts and associated fees
- Customers are directed to use the Platform's Dispute Resolution Process for all payment disputes
7.4.3 Fraud Detection
The Company employs fraud detection systems to identify and prevent fraudulent transactions. Suspicious transactions may be:
- Automatically flagged for manual review
- Temporarily held pending verification
- Declined entirely at the Company's discretion
- Reported to payment processors and law enforcement as appropriate
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Pre-Existing Intellectual Property
All intellectual property owned or controlled by the Company before the Service Contract, including:
- The Platform design, code, functionality, and features
- Company trademarks, logos, and brand materials
- Company documentation and processes
- Third-party licensed content and software
remains the exclusive property of the Company or its licensors. The Company grants users a limited, non-exclusive, non-transferable license to use the Platform solely for the purposes of this Agreement.
8.2 Freelancer Work Product and Ownership Transfer
8.2.1 Work Product Ownership
Upon receipt of full payment by the Client:
- The Client acquires all ownership rights to the work product and deliverables
- The Client may use, modify, publish, and distribute the work product without further payment to the Freelancer
- The Freelancer retains no rights to the completed work product
- The Freelancer may not use the work product for any purpose, including portfolio use, without written Client permission
8.2.2 Pre-Existing Freelancer IP
Intellectual property that exists before the Service Contract and is used by the Freelancer in delivering services (such as templates, frameworks, methodologies, or tools) remains the Freelancer's property unless otherwise agreed. The Client receives only a limited license to use such pre-existing IP as incorporated in the final deliverables.
8.2.3 Methodology and Process IP
The Freelancer's proprietary methodologies, processes, techniques, and tools remain the Freelancer's exclusive property even if such methodologies are used in the Client's project. The Client may not:
- Reverse-engineer or attempt to replicate the Freelancer's methodology
- Hire another provider to replicate the Freelancer's specific approach
- Claim ownership of the methodology
- Require licensing or assignment of methodology rights
8.2.4 Third-Party Licensed Content
If a Freelancer incorporates third-party licensed content (stock photos, fonts, libraries, etc.) in the deliverables:
- The Freelancer warrants that the license permits the Client's use
- The Freelancer is responsible for maintaining all necessary licenses
- The Client receives only the rights granted by the original license
- The Client is responsible for compliance with all license terms
- The Freelancer indemnifies the Client for any license violations
8.3 Portfolio Use and Attribution
8.3.1 Portfolio Rights
Freelancers may not display work product in their portfolio, on their website, or in marketing materials without:
- Explicit written permission from the Client
- Clear attribution to the Client when displaying work
8.3.2 Confidential Work
For projects designated as confidential by the Client, Freelancers may not display work samples, describe the project, or reference the Client without prior written permission.
8.3.3 Platform Portfolio Display
Work displayed in a Freelancer's Platform portfolio is governed by Platform terms. Clients may request removal of their work from a Freelancer's portfolio, and Freelancers must comply within five (5) business days.
8.4 Warranty of Non-Infringement
8.4.1 Freelancer Warranty
Freelancers warrant that:
- All work product is original or properly licensed
- No work product infringes any third-party intellectual property rights
- No work product contains plagiarized or copied content
- All necessary rights and licenses have been obtained for any third-party content
8.4.2 Indemnification for Infringement
Freelancers shall indemnify, defend, and hold harmless the Client and Company from any claims that the work product infringes third-party intellectual property rights, including:
- Cease-and-desist demands
- Infringement litigation
- Damages awarded by courts
- Reasonable attorney's fees and litigation costs
- Injunctive relief and corrective work
8.5 Client Representations Regarding Work
8.5.1 Client Ownership of Input Materials
Clients represent that they:
- Own or have proper licenses for all materials, content, and data provided to Freelancers
- Have the right to provide such materials to Freelancers for incorporation
- Will not hold the Freelancer or Company liable for infringement of Client's own materials
8.5.2 Client Use Restrictions
Clients must not:
- Use work product in violation of applicable laws
- Use work product to infringe third-party rights
- Transfer work product in violation of export control laws
- Resell work product as if they themselves were the service provider (without disclosure)
9. CONTENT POLICIES AND ACCEPTABLE USE
9.1 Prohibited Content Categories
Users must not submit, post, or facilitate:
9.1.1 Illegal Content
- Content that violates Turkish law (TBK 6098, TTK 6102, or other applicable statutes)
- Content that violates laws of the user's jurisdiction or intended use jurisdiction
- Content facilitating criminal activity, including fraud, theft, or violence
9.1.2 Intellectual Property Violations
- Copyrighted material used without proper license or permission
- Plagiarized content or work copied from other sources
- Trademark violations or unauthorized brand use
- Patent violations or trade secret misappropriation
- Deepfakes, unauthorized face/voice cloning, or identity theft
9.1.3 Discriminatory and Hateful Content
- Content discriminating based on race, ethnicity, national origin, religion, disability, gender, sexual orientation, or other protected characteristics
- Hateful speech targeting any group
- Incitement to violence or discrimination
- Slurs, epithets, or dehumanizing language
9.1.4 Sexually Explicit Content
- Pornography or sexually explicit images
- Solicitation of sexual services
- Child sexual abuse material (CSAM) in any form
- Exploitation of minors or vulnerable persons
9.1.5 Violence and Harmful Content
- Content depicting, promoting, or glorifying violence
- Self-harm, suicide, or suicide promotion
- Illegal drug manufacturing or distribution instructions
- Bomb-making, weapons manufacturing, or violence instruction
- Graphic violence or gore used for shock value
9.1.6 Fraud and Deception
- Fake reviews or artificially generated ratings
- Pyramid schemes, multi-level marketing, or financial fraud
- Phishing, social engineering, or credential harvesting
- Counterfeit goods or credentials
- Misleading testimonials or false endorsements
- Romance scams or catfishing
9.1.7 Malware and Security Threats
- Malware, viruses, trojans, or ransomware
- Hacking tools or exploit code for unauthorized access
- DDoS attack tools or botnet infrastructure
- Credential stuffing or brute-force tools
- Spam, phishing, or malicious email templates
9.1.8 Privacy Violations
- Doxxing or publishing private personal information without consent
- Non-consensual intimate images
- Stalking, harassment, or intimidation
- Impersonation or identity theft
- Unauthorized surveillance or spyware
9.1.9 Environmental and Wildlife Harm
- Illegal wildlife trade or animal cruelty
- Environmental destruction or poaching facilitation
- Endangered species trafficking
9.1.10 Other Prohibited Uses
- Multi-level marketing (MLM) or pyramid schemes
- Gambling or illegal betting services
- Unregulated financial services or cryptocurrency schemes
- Unlicensed professional services (legal, medical, accounting)
- Sex trafficking or human trafficking facilitation
9.2 Restricted Content Categories
The following content is permitted only with explicit Client and Company approval:
- Adult content (legal in jurisdiction but not for minors)
- Political or religious advocacy
- Competitive intelligence or market research with sensitive methods
- Marketing or promotion of alcohol, tobacco, or other regulated products
- Weight loss, health claims, or medical advice (only from licensed professionals)
- Work related to cryptocurrency or blockchain (subject to verification)
9.3 Enforcement and Removal
The Company may:
- Remove prohibited content immediately without notice
- Suspend Accounts for repeated violations
- Terminate Accounts permanently for serious violations
- Report illegal content to law enforcement authorities
- Cooperate fully with law enforcement investigations
- Preserve evidence related to violations
10. DISPUTES, RESOLUTION, AND ARBITRATION
10.1 Internal Dispute Resolution
All disagreements or disputes must first be addressed through good-faith negotiation between the Client and Freelancer. The Company recommends:
- Detailed written communication regarding the dispute
- Specification of the desired resolution (refund, rework, or other remedy)
- A reasonable timeline for response (at least 3 business days)
- Professional, non-hostile communication
If the parties cannot resolve the dispute through negotiation, either party may initiate the formal Dispute Resolution Process through the Platform.
10.2 Formal Dispute Resolution Process
10.2.1 Dispute Filing
Disputes must be filed through the Platform within:
- Thirty (30) days of project completion or non-completion for work-quality disputes
- Thirty (30) days of payment non-receipt for payment disputes
- Seven (7) days of alleged misrepresentation or fraud discovery
Disputes filed outside these windows may be rejected as untimely.
10.2.2 Dispute Information
When filing a Dispute, the party must provide:
- Clear description of the dispute and facts
- Specific Contract term(s) allegedly violated
- Evidence supporting the claim (messages, deliverables, payment records)
- Proposed resolution (refund amount, rework scope, or other remedy)
- Willingness to participate in mediation
10.2.3 Dispute Investigation
The Company's Dispute Administrator will:
- Independently investigate both sides' claims
- Request additional evidence or testimony as needed
- Apply the facts to the Platform's policies and applicable law
- Issue a written decision with detailed reasoning
- Notify both parties of the decision
Investigation typically takes 10-15 business days but may take up to 30 days for complex disputes.
10.3 Dispute Resolution Outcomes
The Dispute Administrator may:
- Release Escrow: Release escrowed funds to the Freelancer (Client loses)
- Refund Client: Refund part or all of escrowed funds to the Client (Freelancer loses)
- Partial Resolution: Award partial payment to each party if partial delivery occurred
- Rework Order: Require the Freelancer to rework at no additional cost
- Project Cancellation: Allow cancellation with partial refunds if project is impossible
- Dismiss Dispute: Dismiss the dispute if frivolous or outside the Administrator's authority
The Administrator's decision is binding on both parties, subject only to the appeal procedures below.
10.4 Appeal Process
10.4.1 Appeal Rights
Either party may appeal the Dispute Administrator's decision by:
- Filing a written appeal within fourteen (14) days of the decision
- Paying an appeal fee of [TBD] (non-refundable even if appeal succeeds)
- Providing new evidence not available during the initial investigation
- Explaining why the initial decision was clearly erroneous
10.4.2 Appeal Review
The appeal will be reviewed by a senior decision-maker who was not involved in the original decision. The reviewer will:
- Consider the original evidence and the appeal evidence
- Issue a new, binding decision
- Document the reasoning for affirmance, reversal, or modification
Appeal decisions are final and non-appealable.
10.5 Binding Arbitration
10.5.1 Arbitration Clause
EXCEPT FOR CLAIMS BY THE COMPANY FOR NON-PAYMENT OR INTELLECTUAL PROPERTY INFRINGEMENT, ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION, NOT LITIGATION IN COURT.
By using the Platform, users irrevocably consent to arbitration of all disputes under the International Arbitration Law of Turkey (Law No. 4686) and the rules of the Istanbul Arbitration Center (İstanbul Tahkim Merkezi).
10.5.2 Arbitration Procedures
- Arbitrator: A single arbitrator shall be appointed by Istanbul Arbitration Center
- Venue: Istanbul, Republic of Turkey
- Language: Turkish or English (parties to agree)
- Rules: Istanbul Arbitration Center Rules of Arbitration
- Governing Law: Republic of Turkey (Turkish law)
- Costs: Arbitration costs shall be divided based on the arbitrator's determination of fault
10.5.3 Non-Arbitrable Claims
The following are not subject to arbitration and may be brought in Turkish courts:
- Company claims for non-payment or Freelancer non-performance
- Company claims for intellectual property infringement or trade secret theft
- Company claims for fraud or unauthorized use of the Platform
- Injunctive relief to prevent ongoing harm or irreparable injury
- Claims for small amounts (under [TBD] TL) that may be brought in small claims court
10.5.4 Class Action Waiver
USERS WAIVE THE RIGHT TO PURSUE CLAIMS ON A CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. CLASS ARBITRATIONS AND CLASS ACTIONS ARE PROHIBITED.
11. CONFIDENTIALITY AND PROPRIETARY INFORMATION
11.1 Definition of Confidential Information
Confidential Information includes:
- Project details and deliverables (unless Client designates as non-confidential)
- Pricing, rates, and project budgets
- Business strategies, plans, and methodologies
- Client lists, customer data, or proprietary methodologies
- Any information marked "Confidential" or reasonably understood to be confidential
Confidential Information excludes information that is:
- Publicly available through no breach of this Agreement
- Known prior to disclosure without confidentiality obligations
- Independently developed without reference to the disclosed information
- Lawfully received from a third party without confidentiality restrictions
11.2 Confidentiality Obligations
Users must:
- Keep all Confidential Information of the other party strictly confidential
- Use Confidential Information only for performing the Service Contract
- Not disclose Confidential Information to third parties without written consent
- Implement reasonable safeguards to protect Confidential Information
- Return or destroy Confidential Information upon request
11.3 Permitted Disclosures
Notwithstanding confidentiality obligations, users may disclose Confidential Information:
- To employees or contractors who have a need to know and are bound by confidentiality
- To comply with court order, regulatory demand, or law enforcement request (with reasonable notice and opportunity to seek protective order)
- To professional advisors (lawyers, accountants) who are bound by professional confidentiality
- Where required by applicable law or regulation (with notice where legally permitted)
12. LIMITATION OF LIABILITY
12.1 Disclaimer of Warranties
THE PLATFORM, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:
- Warranty of merchantability
- Warranty of fitness for a particular purpose
- Warranty of non-infringement
- Warranty of accuracy, completeness, or timeliness
- Warranty that the Platform is uninterrupted, error-free, or secure
- Warranty regarding the quality, accuracy, or reliability of any services provided by Freelancers
- Any warranty that defects in the Platform will be corrected
THE COMPANY MAKES NO WARRANTY THAT:
- The Platform will meet your requirements
- Services performed by Freelancers will be satisfactory or timely
- Use of the Platform will be uninterrupted or error-free
- Freelancers will deliver quality work or meet deadlines
- Personal Data will be protected from unauthorized access
- Third-party services will be reliable or available
12.2 Limitation of Damages
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING:
- Lost profits or lost revenue
- Lost business opportunity or goodwill
- Loss of data or corruption
- Loss of use or functionality
- Business interruption or downtime
- Any damages based on breach of contract, tort, strict liability, or any other legal theory
This applies regardless of whether the Company was advised of the possibility of such damages and regardless of whether any remedy has failed of its essential purpose.
12.3 Cap on Liability
EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM OR SERIES OF RELATED CLAIMS SHALL NOT EXCEED:
- The total Platform fees paid by the user in the twelve (12) months preceding the claim, OR
- Two Hundred and Fifty Turkish Lira (TRY 250.00), whichever is greater
This cap applies to all claims regardless of their basis, including negligence, breach of warranty, or breach of contract.
12.4 Essential Term
The user acknowledges that these limitations are essential terms without which the Company would not offer the Platform. The user assumes all responsibility and risk associated with use of the Platform.
13. INDEMNIFICATION
13.1 User Indemnification Obligation
Each user agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, licensors, and partners from any claims, damages, costs, and expenses (including reasonable attorney's fees) arising from:
- The user's breach of these Terms or applicable laws
- The user's unauthorized use of the Platform
- The user's violation of any third-party rights
- The user's violation of another user's rights
- Content submitted by the user that infringes intellectual property rights
- The user's conduct, activities, or transactions on the Platform
- The user's Service Contracts with other users
- The user's violations of export control laws or sanctions
- Any third-party claims related to the user's Account or activities
13.2 Company Indemnification (Limited)
The Company will indemnify users for third-party claims that:
- The Platform's code as provided by the Company infringes a third-party patent or copyright (excluding user-provided content or modifications)
provided the user:
- Promptly notifies the Company of the claim
- Grants the Company sole control of the defense
- Cooperates fully in the defense
If an infringement claim is sustained, the Company may, at its option:
- Obtain the right for continued use
- Modify the Platform to be non-infringing
- Discontinue the infringing feature
13.3 Indemnification Procedures
Indemnified parties must:
- Provide prompt written notice of the claim (failure to notify promptly reduces indemnification)
- Grant indemnifying party sole control of defense and settlement
- Cooperate fully and provide reasonable assistance
- Not settle claims without indemnifying party's consent
14. TERMINATION AND ACCOUNT SUSPENSION
14.1 Termination by User
You may terminate your Account at any time by:
- Submitting a termination request through your Account settings
- Sending termination notice to support@tabaglobal.com
- Requesting deletion of your Account data
Termination is effective immediately, and you will lose access to all Platform features.
14.2 Effect of User Termination
Upon your termination:
- Ongoing projects will be unaffected (Client remains obligated to pay upon completion)
- Escrowed funds will be released or refunded according to project status
- Your Account data will be deleted in accordance with the Privacy Policy
- You may not re-register using the same email address or identity
14.3 Termination by Company
The Company may, at its sole discretion, suspend or terminate your Account or access to the Platform:
14.3.1 Without Notice, Immediately
For:
- Illegal activity or content
- Child sexual abuse material
- Payment fraud or chargeback
- Hacking or unauthorized access attempts
- Malware or security threats
- Identity theft or impersonation
- Violence, threats, or harassment
- Violation of export control laws or sanctions
- Money laundering or terrorist financing
14.3.2 With Notice and Opportunity to Cure
For:
- Repeated violations of Terms
- Repeated policy violations after warning
- Inactive Account (no activity for more than 2 years)
- Non-responsive to verification requests
- Providing false information during registration
The Company will provide 14 days' notice before termination for these violations (except that inactivity may result in automatic suspension after 2 years of no activity).
14.4 Effect of Company Termination
Upon Company termination:
- Your Account access is immediately revoked
- Ongoing projects are paused pending resolution
- You may not re-register except with Company's written consent
- Your data will be retained, deleted, or transferred in accordance with law
- You will have no further right to recover funds, claim damages, or use the Platform
14.5 Survival of Obligations
The following obligations survive termination indefinitely:
- Payment obligations for work already delivered
- Indemnification obligations
- Intellectual property representations and warranties
- Confidentiality obligations
- Limitation of liability provisions
- Dispute resolution and arbitration provisions
15. USER REPRESENTATIONS AND WARRANTIES
By using the Platform, you represent and warrant that:
- You have the legal capacity and authority to enter into binding contracts
- You are not a minor or legally incompetent person
- You are not prohibited by law from using the Platform
- All information you provide is accurate, truthful, and current
- You will comply with all applicable laws and regulations
- You will not use the Platform for any illegal purpose
- You own or have proper licenses for all content you submit
- You will not infringe any third-party intellectual property rights
- You have the authority to bind yourself or your organization to these Terms
- You understand the intermediary nature of the Platform and assume all risks
- You will not attempt to circumvent Platform security or policies
- You will treat other users with respect and professionalism
- You understand that the Company is not responsible for Freelancer performance or Client payment
16. MODIFICATIONS TO TERMS
16.1 Right to Modify
The Company reserves the right to modify these Terms at any time. Modifications will be:
- Posted on the Platform with a notice of update
- Effective immediately upon posting for new users
- Effective thirty (30) days after notice for existing users
16.2 User Acceptance
Your continued use of the Platform after notice of modifications constitutes acceptance of the modified Terms. If you do not accept the modifications, you must terminate your Account.
17. THIRD-PARTY SERVICES AND LINKS
17.1 Third-Party Integrations
The Platform may integrate with third-party services, payment processors, analytics tools, and other services. The Company:
- Does not control third-party services
- Is not responsible for third-party service availability, reliability, or security
- Does not warrant third-party services or content
- Is not liable for third-party service failures or data breaches
- Does not endorse or recommend third-party services
17.2 Third-Party Links
The Platform may contain links to third-party websites. The Company:
- Does not control or endorse third-party websites
- Is not responsible for third-party content, accuracy, or policies
- Does not warranty third-party websites
- Recommends reviewing third-party terms and privacy policies
17.3 Third-Party Payment Processors
Payment processing is handled by third-party payment processors (Stripe, PayPal, etc.). The Company:
- Does not directly store payment card information
- Is not responsible for payment processor failures or security breaches
- Does not warrant payment processor services
- Complies with PCI-DSS standards through processor compliance
18. FORCE MAJEURE
18.1 Force Majeure Events
Neither party is liable for failure to perform obligations due to unforeseeable circumstances beyond their control, including:
- Natural disasters (earthquakes, floods, hurricanes, fires)
- Pandemics, epidemics, or quarantine orders
- War, terrorism, civil unrest, or government action
- Internet infrastructure failure or global outages
- Utility failures (electricity, water, internet)
- Labor strikes or supply chain disruption
- Regulatory action or government shutdowns
18.2 Force Majeure Effect
If a Force Majeure Event prevents performance:
- The affected party must notify the other party promptly
- Obligations are suspended during the Force Majeure Event
- The party must use reasonable efforts to resume performance
- If the event continues for more than thirty (30) days, either party may terminate affected projects
- The Company is not liable for damages caused by Force Majeure Events
19. COMPLIANCE WITH LAWS
19.1 User Compliance Obligation
You must comply with all applicable laws and regulations in your jurisdiction and the jurisdiction of your Clients or Freelancers, including:
- Labor laws and employment regulations
- Tax laws and reporting requirements
- Export control laws and sanctions
- Anti-corruption laws (FCPA, UK Bribery Act)
- Data protection laws (KVKK, GDPR)
- Consumer protection laws
- Professional licensing and credential requirements
- Anti-money laundering laws
19.2 Sanctions and Export Control Compliance
The Platform is not available to residents of sanctioned jurisdictions or to users engaging in sanctioned activities. Users must not:
- Transact with sanctioned countries or entities
- Use the Platform for prohibited exports
- Facilitate transactions violating sanctions regimes
- Engage in prohibited end-uses (weapons, nuclear proliferation)
Violations will result in immediate Account termination and potential law enforcement reporting.
20. DISPUTE RESOLUTION GOVERNING LAW
All disputes and claims arising from or relating to these Terms, your use of the Platform, or transactions between users are governed by and construed under the laws of the Republic of Türkiye, without regard to its conflict-of-law principles.
Istanbul Courts have exclusive jurisdiction over all disputes, subject to the arbitration provisions in Section 10.5.
21. ADDITIONAL TERMS
21.1 Severability
If any provision of these Terms is found unenforceable, illegal, or invalid, that provision is severable and the remaining Terms remain in full force and effect.
21.2 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and Dispute Resolution Policy, constitute the entire agreement and supersede all prior understandings.
21.3 No Waiver
The Company's failure to enforce any right or provision does not constitute waiver of that right or provision.
21.4 Assignment
The Company may assign these Terms and its rights hereunder to any successor or affiliate. You may not assign without Company consent.
21.5 Notices
Legal notices must be sent to support@tabaglobal.com with "LEGAL NOTICE" in the subject line.
FINAL TERMS
These Terms of Service constitute a binding, enforceable agreement under Turkish law. By using the Platform, you accept all terms without exception, limitation, or condition. If you have questions, contact support@tabaglobal.com.
This Agreement was last updated April 2026 and is effective immediately.
TABA TASARIM İNŞAAT A.Ş. Şehit Şakir Elkovan cad. No:3 Ataşehir Istanbul Türkiye