Terms and Conditions

1. Definitions

In these Terms and Conditions ("Terms"), the following words and expressions shall have the meanings set forth below unless the context requires otherwise:

• "Platform" refers to the Tunisie Freelance website, accessible at tunisiefreelance.tn, including all subdomains, mobile applications, APIs, and related services.
• "Tunisie Freelance," "we," "us," or "our" refers to Tunisie Freelance, the operator of the Platform.
• "User," "you," or "your" refers to any individual or legal entity that accesses or uses the Platform, whether as a Client, Freelancer, or visitor.
• "Client" refers to a User who posts jobs, hires Freelancers, or commissions services through the Platform.
• "Freelancer" refers to a User who offers services, submits proposals, or performs work through the Platform.
• "Service Contract" refers to the agreement formed between a Client and a Freelancer when an application is accepted or a job offer is made and accepted through the Platform.
• "Job" or "Job Posting" refers to a listing created by a Client describing work to be performed and the terms of engagement.
• "Application" or "Proposal" refers to a submission by a Freelancer in response to a Job Posting.
• "Escrow" refers to the secure payment holding mechanism provided through our integration with DHMAD payment services, where funds are held until specified conditions for release are met.
• "Units" refers to the virtual currency used within the Platform for specific actions such as applying to jobs, with values determined by the Units System.
• "Content" refers to all information, text, images, videos, files, portfolio items, reviews, messages, and any other materials uploaded, posted, or transmitted through the Platform.
• "KYC" refers to Know Your Customer, the identity verification process that Users may be required to complete.
• "Early Adopter" refers to a User who registered an account on the Platform on or before March 30, 2026.
• "Early Adopter Period" refers to the period from platform launch until March 30, 2027, during which Early Adopters benefit from reduced service fees and bonus Units.

2. Acceptance of Terms

By creating an account, accessing, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules posted on the Platform. If you do not agree to these Terms, you must immediately cease all use of the Platform.

These Terms constitute a legally binding agreement between you and Tunisie Freelance. By checking the "I accept the Terms of Service and Privacy Policy" checkbox during registration, you are providing your explicit consent and electronic signature to these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.

3. Eligibility

To use the Platform, you must:

• Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater.
• Have the legal capacity and authority to enter into a binding agreement.
• Not have been previously suspended, banned, or removed from the Platform.
• Not be located in a country or territory subject to international sanctions or embargoes that would prohibit your use of the Platform.
• Provide accurate, complete, and current information during registration and at all times thereafter.

We reserve the right to verify your identity and eligibility at any time. Failure to meet these requirements may result in immediate termination of your account without notice or refund.

4. Account Registration and Security

4.1. Account Creation. To access most features of the Platform, you must register for an account by providing your full legal name, a valid email address, and a secure password. You may also register using third-party authentication providers (Google, DHMAD) where available.

4.2. One Account Per Person. Each individual or entity may maintain only one (1) account on the Platform. Creating multiple accounts is strictly prohibited and may result in the suspension or permanent termination of all associated accounts without refund of any Units or funds.

4.3. Account Security. You are solely responsible for maintaining the confidentiality of your account credentials. You must immediately notify us at [email protected] if you suspect any unauthorized access to or use of your account. Tunisie Freelance shall not be liable for any loss or damage arising from your failure to secure your account.

4.4. Accurate Information. You agree to provide truthful, accurate, and complete information in your profile and to update it promptly when changes occur. Providing false, misleading, or fraudulent information is grounds for immediate account termination.

4.5. Email Verification. You must verify your email address through the verification process provided during registration. Accounts with unverified email addresses may have restricted functionality.

5. Platform Description

5.1. Tunisie Freelance is an online marketplace that connects Clients who need services with Freelancers who provide services. We provide the technology infrastructure, tools, and escrow payment system to facilitate these transactions.

5.2. Tunisie Freelance is not a party to any Service Contract. We are not an employer, employee, agent, joint venturer, or partner of any User. The relationship between Clients and Freelancers is that of independent contractors. Tunisie Freelance does not supervise, direct, control, or monitor the work performed by Freelancers.

5.3. We do not guarantee the quality, safety, legality, or timeliness of work performed by Freelancers, nor do we guarantee that Clients will make payments or provide accurate job descriptions. Users engage with each other at their own risk.

5.4. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Platform at any time, with or without notice, and without liability to you.

6. User Roles and Responsibilities

6.1. Dual Role. Users may operate as both a Client and a Freelancer by switching their active role within the Platform. Both roles are subject to these Terms, and Users must comply with the specific obligations of whichever role they are actively performing.

6.2. Client Responsibilities. As a Client, you agree to:

• Provide accurate, complete, and lawful job descriptions.
• Respond to Freelancer applications and communications in a timely manner.
• Fund escrow accounts before work commences, where applicable.
• Release payment promptly upon satisfactory completion of work.
• Not request work that is illegal, harmful, or violates any third-party rights.
• Comply with all applicable tax laws regarding payments to Freelancers.

6.3. Freelancer Responsibilities. As a Freelancer, you agree to:

• Accurately represent your skills, qualifications, and experience in your profile.
• Deliver work as described in the accepted proposal within the agreed timeframe.
• Communicate professionally and promptly with Clients.
• Ensure all delivered work is original and does not infringe on any third-party intellectual property rights.
• Comply with all applicable tax laws regarding income received through the Platform.
• Not subcontract or delegate assigned work to third parties without the Client's prior written consent.

7. Job Posting and Applications

7.1. Job Posting. All Job Postings are subject to review and approval by Tunisie Freelance. We reserve the right to reject, modify, or remove any Job Posting that violates these Terms, contains inappropriate content, or is otherwise deemed unsuitable for the Platform.

7.2. Job Status Flow. Jobs follow a defined lifecycle: draft, pending review, open, in progress, and completed. Tunisie Freelance determines the criteria for job approval and status transitions.

7.3. Applications. Freelancers may submit one (1) application per Job Posting. Applications require the expenditure of Units as described in Section 8. Submitting an application does not guarantee acceptance or engagement.

7.4. Communication and Non-Circumvention. Users may exchange contact details and communicate outside the Platform where they genuinely need to, including for calls, video meetings, interviews, and sharing access to systems or files. What is prohibited is circumvention: contracting or paying outside the Platform for work arising from an introduction made through the Platform. The full rules, including what counts as an introduction and how long the obligation lasts, are set out in Section 14.1 (Non-Circumvention).

7.5. Content Standards. Job Postings must not contain: misleading information, discriminatory requirements, requests for illegal activities, spam or duplicate content, personal contact information, or any content that violates applicable laws or these Terms. Because Job Postings and public profile fields are visible to Users with whom you have no existing engagement, personal contact information must not be published in them. This restriction does not apply to private messages, proposals, or invitations exchanged with a specific counterparty.

8. Units System

8.1. Nature of Units. Units are a virtual unit of value within the Platform used to facilitate certain actions, such as applying to jobs. Units have no monetary value outside the Platform, are not redeemable for cash, and are not transferable between Users or to third parties.

8.2. Earning Units. Freelancers may earn Units through registration and welcome bonuses; onboarding rewards (e.g. completing profile, adding a portfolio item, linking a DHMAD account); achievements (e.g. first job completed, referral milestones); monthly activity rewards (e.g. daily login, applying to a job, bidding on an application, fast responder); and application streaks (e.g. 7-, 15-, or 30-day streaks). Achievement badges (e.g. Rising Freelancer, Proven Freelancer, Top Performer, Elite Freelancer) and the Verified Talent badge, when earned, grant bonus Units. Early Adopters receive a one-time bonus of one hundred (100) Units credited to their account as described in Section 10. Amounts and conditions are published on the Platform and may change at Tunisie Freelance's discretion.

8.3. Bidding and Spending Units. Freelancers spend Units to submit applications (bids) to Job Postings. Each application has a cost in Units that is calculated dynamically based on factors such as job budget, Client rating and review count, experience level required, payment and identity verification status, and current demand for that category. The cost is displayed before the Freelancer confirms the application. Units may also be used for other Platform actions as announced from time to time.

8.4. Refunds. Units are refunded in full to all applicants when a Client cancels the Job. When a Client contacts a Freelancer by sending their first message in the conversation for that application, the Freelancer may receive a partial refund of Units for that application. Withdrawing your own application does not refund Units.

8.5. Modification and Forfeiture. Tunisie Freelance reserves the right to modify the Units system, including earning rates, spending costs, and refund policies, at any time and without prior notice. Units may be forfeited upon account suspension, termination, or inactivity exceeding twelve (12) months.

8.6. No Property Right. Units do not constitute personal property and confer no vested right or interest. Tunisie Freelance may adjust, revoke, or expire Units at its sole discretion without compensation.

9. Payments and Escrow

9.1. Escrow System. The Platform utilizes an escrow payment system powered by DHMAD payment services. When a Client funds an escrow, the funds are held securely until the conditions for release are met as defined by the terms of the Service Contract.

9.2. Payment Processing. All financial transactions are processed through our integrated payment provider. Tunisie Freelance does not directly handle, store, or process payment card information. You agree to comply with the payment provider's terms of service in addition to these Terms.

9.3. Release of Funds. Escrowed funds are released to the Freelancer upon: (a) the Client's approval of the completed work, (b) automatic release after the dispute period expires without objection, or (c) as determined by Tunisie Freelance's dispute resolution process.

9.4. Refunds. Refunds of escrowed funds to the Client are only available in specific circumstances, including: (a) mutual agreement between Client and Freelancer, (b) non-delivery of work within the agreed timeframe, (c) as determined by Tunisie Freelance's dispute resolution process, or (d) as required by applicable law.

9.5. Taxes. Each User is solely responsible for determining and paying all applicable taxes on payments received through the Platform. Tunisie Freelance is not responsible for withholding, collecting, reporting, or remitting any taxes on behalf of Users, except where required by Tunisian law.

9.6. Fiscal information and documents. The Freelancer (Prestataire) is responsible for the accuracy, validity, and ongoing update of their tax status, fiscal regime, any VAT (TVA) liability, and all tax information entered on Tunisie Freelance. Tunisie Freelance may generate or facilitate generation of remuneration documents and invoices pour le compte du Prestataire from declared or verified tax data, and does not substitute for the Prestataire, their accountant, or their tax advisor. Tunisie Freelance is a facilitator and document-generation agent only; it does not perform the underlying freelance service. Freelancer service documents are issued in the Freelancer's name; Tunisie Freelance separately invoices the Freelancer for platform fees. The Client remains responsible for any withholding tax declaration, payment, and official certificates (including TEJ) where they are the withholding agent under applicable law. When withholding applies, Tunisie Freelance automatically adjusts (grosses up) the invoice so that withholding does not reduce the Freelancer's agreed project amount; the Client funds the net escrow amount through DHMAD and remits the withholding separately to the State. Missing TEJ or withholding certificates do not block escrow release or payout; they may be requested as follow-up compliance only.

9.7. Currency. All monetary amounts displayed on the Platform are in Tunisian Dinar (TND) unless otherwise specified. Exchange rate fluctuations are the responsibility of the User.

10. Service Fees and Commission

10.1. Commission on escrow transactions. Tunisie Freelance charges a service commission on completed projects processed through the escrow system. The commission is deducted from the payment before the remaining amount is disbursed to the Freelancer. The applicable fees will be clearly displayed before any transaction is confirmed.

10.2. Early Adopter rate. Users who registered on or before March 30, 2026 ("Early Adopters") benefit from a reduced total commission rate of eight percent (8%) on escrow transactions. This reduced rate applies for one year from the cutoff date, until March 30, 2027. After this date, the standard commission rate applies to all Users.

10.3. Early Adopter benefits. In addition to the reduced commission, Early Adopters receive: (a) a one-time bonus of one hundred (100) Units credited to their account; and (b) an Early Adopter badge displayed on their profile.

10.4. Standard rate. Users who register after March 30, 2026, or Early Adopters after the benefit period expires, are subject to a standard total commission rate of ten percent (10%) on escrow transactions.

10.5. Tunisie Freelance reserves the right to modify its fee structure at any time. Changes to fees will be communicated to Users with at least thirty (30) days' notice before taking effect, except where changes are required by law or payment processor requirements.

10.6. All fees are non-refundable unless otherwise stated or required by applicable law.

11. Intellectual Property

11.1. Platform IP. The Platform, including its design, code, logos, trademarks, and all associated intellectual property, is and remains the exclusive property of Tunisie Freelance. No User acquires any ownership interest in the Platform by using it.

11.2. Work Product. Unless otherwise agreed in writing between the Client and Freelancer, upon full and final payment through the Platform's escrow system, all intellectual property rights in the work product created by the Freelancer for the Client shall transfer to the Client. Until payment is received in full, the Freelancer retains all intellectual property rights.

11.3. Pre-existing IP. Nothing in these Terms transfers ownership of a Freelancer's pre-existing intellectual property (tools, frameworks, libraries, or code created independently before the engagement). Freelancers grant Clients a non-exclusive, perpetual license to use any pre-existing IP incorporated into the delivered work product.

11.4. Portfolio Rights. Freelancers retain the right to display completed work in their portfolio on the Platform and for self-promotional purposes, unless the Client and Freelancer agree otherwise under a non-disclosure arrangement.

12. User Content

12.1. License Grant. By uploading, posting, or transmitting any Content to the Platform, you grant Tunisie Freelance a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of such Content solely for the purposes of operating, promoting, and improving the Platform.

12.2. Your Responsibility. You are solely responsible for all Content you submit to the Platform. You represent and warrant that: (a) you own or have the necessary rights and permissions to use and authorize the use of such Content; (b) your Content does not infringe any third-party rights; and (c) your Content complies with all applicable laws and these Terms.

12.3. Content Moderation. Tunisie Freelance reserves the right, but has no obligation, to monitor, review, edit, or remove any Content at its sole discretion, including Content that violates these Terms or that we find objectionable for any reason.

12.4. Content Retention. We may retain Content even after your account is terminated for as long as necessary to fulfill legal obligations, resolve disputes, or enforce our rights under these Terms.

13. Reviews and Ratings

13.1. Blind Review Period. The Platform employs a blind review system where submitted reviews are hidden for a period of fourteen (14) days from the date of submission. During this period, neither the reviewer nor the reviewed party can see the other's feedback. This system is designed to encourage honest and unbiased reviews.

13.2. Honest Reviews. Users must provide honest, accurate, and fair reviews based solely on their genuine experience. Reviews must not contain: defamatory statements, personal attacks, spam or promotional content, confidential information, or any content that violates these Terms.

13.3. Prohibited Manipulation. Users must not: (a) offer incentives in exchange for positive reviews, (b) threaten negative reviews to obtain concessions, (c) create fake reviews through multiple accounts, or (d) engage in any form of review manipulation. Violations will result in immediate account termination.

13.4. Non-Removal. Tunisie Freelance generally does not remove reviews at the request of Users. Reviews may only be removed if they violate these Terms, contain prohibited content, or are determined to be fraudulent through our internal review process.

14. Prohibited Conduct

You agree not to, and not to permit any third party to:

• Use the Platform for any unlawful, fraudulent, or deceptive purpose.
• Create multiple accounts, impersonate another person, or misrepresent your identity or qualifications.
• Circumvent, disable, or interfere with the Platform's security features, payment systems, or escrow mechanisms.
• Contract or pay outside the Platform for work arising from an introduction made through the Platform, as described in Section 14.1 below. Exchanging contact details and communicating off-Platform are permitted.
• Send unsolicited messages, spam, or promotional content to other Users.
• Harvest, scrape, or collect any data from the Platform using automated means without our express written consent.
• Upload or transmit viruses, malware, or any other harmful code.
• Interfere with or disrupt the integrity or performance of the Platform or its servers.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Use the Platform to engage in money laundering, terrorist financing, or any other financial crime.
• Post or transmit Content that is illegal, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable.
• Manipulate ratings, reviews, or any other Platform metrics.
• Use artificial intelligence tools to generate false reviews, fraudulent profiles, or misleading job postings.
• Share account credentials with any third party or allow others to access your account.
• Exploit any bug, vulnerability, or error in the Platform for personal gain.

15. Dispute Resolution

15.1. Between Users. In the event of a dispute between a Client and a Freelancer, the parties are encouraged to first attempt to resolve the matter through direct communication via the Platform's messaging system.

15.2. Platform Mediation. If direct resolution fails, either party may request Tunisie Freelance to mediate the dispute. Tunisie Freelance's mediation decisions regarding escrowed funds are final and binding on both parties. We reserve the right to charge a mediation fee for this service.

15.3. Disputes with Tunisie Freelance. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved through direct communication shall be submitted to the competent courts of Tunis, Tunisia, as described in Section 22.

15.4. Time Limit. Any claim arising under or related to these Terms must be filed within one (1) year after the cause of action arises, or such claim shall be permanently barred.

16. Account Suspension and Termination

16.1. By Tunisie Freelance. We may suspend or terminate your account, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of fees; (d) extended inactivity; (e) requests from law enforcement; or (f) unexpected technical or security issues.

16.2. By You. You may deactivate your account at any time by contacting us at [email protected]. Account deactivation does not relieve you of any obligations under active Service Contracts or any fees owed to Tunisie Freelance.

16.3. Effect of Termination. Upon termination: (a) all licenses granted to you under these Terms shall immediately cease; (b) all Units in your account shall be forfeited without compensation; (c) any pending payments in escrow shall be handled in accordance with the applicable escrow terms and dispute resolution process; (d) you must cease all use of the Platform.

16.4. Survival. Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and governing law shall survive any termination of these Terms.

17. Limitation of Liability

17.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUNISIEFREELANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TUNISIEFREELANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2. IN NO EVENT SHALL TUNISIEFREELANCE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO TUNISIEFREELANCE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED TUNISIAN DINARS (100 TND).

17.3. Tunisie Freelance shall not be liable for: (a) the actions, omissions, or conduct of any User; (b) the quality, safety, or legality of services offered or work delivered; (c) the truth, accuracy, or completeness of any information provided by Users; (d) any unauthorized access to your account resulting from your failure to maintain security; or (e) any force majeure event.

18. Indemnification

You agree to indemnify, defend, and hold harmless Tunisie Freelance, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Content; (e) any Service Contract to which you are a party; (f) your infringement of any third-party rights; or (g) any dispute between you and another User. This indemnification obligation shall survive the termination of your account and these Terms.

19. Disclaimers

19.1. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

19.2. TUNISIEFREELANCE DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED; OR (D) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS.

19.3. Tunisie Freelance does not endorse, guarantee, or assume responsibility for any User, Content, job posting, application, or service offered through the Platform. Any reliance on information or materials found on the Platform is at your sole risk.

19.4. Tunisie Freelance does not guarantee that any Freelancer will find work or that any Client will find a suitable Freelancer. We do not guarantee any specific outcome from the use of the Platform.

20. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. Please review the Privacy Policy carefully to understand our practices regarding your personal data.

21. Modifications to Terms

21.1. Tunisie Freelance reserves the right to modify, amend, or update these Terms at any time. Material changes will be communicated through the Platform (via notification, email, or prominent notice on the website) at least thirty (30) days before they take effect.

21.2. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and deactivate your account.

21.3. We encourage you to periodically review these Terms to stay informed of any changes. The "Last updated" date at the top of this page indicates when these Terms were most recently revised.

22. Governing Law and Jurisdiction

22.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Tunisia, without regard to its conflict of law provisions.

22.2. Any dispute, claim, or controversy arising out of or relating to these Terms that cannot be resolved through the dispute resolution process described in Section 15 shall be submitted to the exclusive jurisdiction of the competent courts located in Tunis, Tunisia. You irrevocably consent to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

23. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

24. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Tunisie Freelance with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Tunisie Freelance. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

25. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us at: