1. Acceptance
These Terms & Conditions ("Terms") govern access to and use of OpenBriefs at openbriefs.in. By creating an account, accessing or using the Platform, you agree to these Terms.
The Platform is operated by Cultor Creatives Pvt. Ltd. ("Company", "we", "us" or "our").
2. What OpenBriefs Is
OpenBriefs is a marketplace-style discovery and connection platform for freelance project opportunities. Employers may publish project briefs and verified freelancers may discover those opportunities and, where enabled, access employer contact details and contact employers directly.
OpenBriefs is not an employer, recruiter, staffing agency, contractor, broker, agent or representative of any employer or freelancer. We do not employ, engage, supervise, pay, manage or guarantee any user or project. No employment, agency, partnership or joint venture is created between OpenBriefs and any user.
3. Accounts and Verification
- Employers and freelancers must create accounts and provide accurate, current and complete information.
- We may verify, review, approve, reject, suspend or restrict any account, profile, project or content at our discretion and without being required to disclose internal verification criteria.
- Verification is an administrative trust/safety measure only. It is not a background check, identity guarantee, professional certification, solvency check, reference check or endorsement.
- You are responsible for keeping your login credentials secure and for all activity carried out through your account.
- You must not impersonate another person, create misleading profiles, maintain accounts for deceptive purposes, or provide false information.
4. Employer Responsibilities
- Employers are solely responsible for the accuracy, legality and completeness of project listings and all representations made to freelancers.
- Employers must have the authority to publish the project and provide the contact information they submit.
- Employers must comply with applicable employment, tax, anti-discrimination, privacy, consumer and other laws.
- Employers must not use OpenBriefs to solicit unlawful services, collect unnecessary personal information, spam users, misrepresent compensation, or publish fraudulent, discriminatory or abusive opportunities.
5. Freelancer Responsibilities
- Freelancers are solely responsible for the accuracy of their profiles, skills, experience, portfolios and other representations.
- Freelancers must independently evaluate every project, employer, proposed arrangement, payment term and communication before proceeding.
- Freelancers must not impersonate others, submit fraudulent information, misuse contact details, spam employers, scrape the Platform, or use information obtained through the Platform for unlawful or abusive purposes.
6. Direct Contact; No Guarantee
OpenBriefs may facilitate direct contact using email, WhatsApp, telephone or other channels selected by an employer. Such communications take place outside OpenBriefs and are controlled by the parties and the relevant third-party service providers.
We do not monitor, control, verify or guarantee the content, identity, conduct, intentions, financial capacity, credentials, legality, availability, quality, safety, payment behaviour or performance of any employer or freelancer.
You expressly assume the risks of dealing with other users and must conduct your own due diligence. OpenBriefs is not responsible for disputes, non-payment, fraud, non-performance, cancellation, misconduct, loss of data, or any other outcome arising from interactions between users.
7. User Content
You retain ownership of content you submit, subject to the rights you grant us under these Terms. You grant the Company a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display, distribute and otherwise use your submitted content as reasonably necessary to operate, improve, secure and promote the Platform.
You represent that you have all rights and permissions necessary to submit and publish your content and that it does not violate law or third-party rights. We may remove or restrict content that we believe violates these Terms, applicable law, or Platform safety standards.
8. Prohibited Use
- Fraud, scams, impersonation, phishing, unlawful solicitation or deceptive conduct.
- Spam, harassment, threats, discrimination, sexually explicit or exploitative content, or abusive conduct.
- Posting projects or profiles that violate applicable law or third-party intellectual property/privacy rights.
- Scraping, crawling, automated extraction, reverse engineering, unauthorised copying, resale or commercial exploitation of Platform data, except where expressly authorised.
- Circumventing access controls, subscription restrictions, verification systems or other Platform safeguards.
- Introducing malware, malicious code or other harmful material.
9. Paid Features and Subscription
The Platform may initially be offered free of charge. The Company may introduce paid features, including a freelancer subscription for access to employer contact details. The planned subscription may be priced at ₹599 per month, subject to the price displayed at checkout.
Prices, taxes, billing frequency, renewal terms and feature availability will be presented before purchase. Paid access may be suspended or terminated for breach of these Terms, failed payment, fraud or misuse.
We may change pricing or paid features prospectively. Continued use after a price change does not itself constitute consent to a new paid charge; where required, renewed payment or acceptance will be obtained through the applicable checkout process.
10. Refunds
Except where a refund is required by applicable law or expressly agreed by the Company in writing, payments for paid Platform services are non-refundable. This includes payments arising from change of mind, non-use, partial use, dissatisfaction with an employer/project, failure to obtain work, failure to receive a response from an employer, duplicate purchase, or inability to reach an employer.
Specific refund terms are set out in the Refund & Cancellation Policy.
11. Availability and Changes
We may modify, suspend, restrict or discontinue any part of the Platform, including features, verification, listings, visibility, contact-access mechanisms or subscription features, at any time. We do not guarantee uninterrupted, error-free, secure or continuously available access.
12. Intellectual Property
The Platform, software, design, branding, layout, databases, graphics, text and other Company materials are owned by or licensed to the Company and protected by applicable law. Except as expressly permitted, you may not copy, reproduce, distribute, modify, reverse engineer or commercially exploit them.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Platform and all information and services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied.
We disclaim warranties including accuracy, completeness, availability, merchantability, fitness for a particular purpose, non-infringement, reliability, security, suitability of any project or freelancer, and any expectation of employment, business, revenue or successful engagement.
14. Limitation of Liability
To the maximum extent permitted by law, the Company and its directors, officers, employees, affiliates, contractors and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive losses, or for loss of profits, revenue, business, opportunities, goodwill, data or anticipated savings, arising from or related to the Platform or dealings between users.
To the maximum extent permitted by law, the aggregate liability of the Company arising out of or relating to the Platform will not exceed the amount actually paid by the relevant user to the Company for the specific paid service giving rise to the claim during the twelve months preceding the event giving rise to the claim; for users who have not paid for the relevant service, the maximum aggregate liability will be limited to ₹1,000, subject always to applicable law.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
15. Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, affiliates and service providers from claims, losses, liabilities, damages, costs and expenses arising from your breach of these Terms, your content, your unlawful conduct, your dealings with another user, or your violation of third-party rights.
16. Suspension and Termination
We may suspend, restrict or terminate accounts, listings or access where we reasonably believe there is a breach of these Terms, unlawful activity, fraud, security risk, abuse, misuse, non-payment or conduct harmful to the Platform or others. We may also discontinue the Platform at any time.
Termination does not affect provisions that by their nature should survive, including intellectual property, disclaimers, limitations of liability, indemnity, dispute provisions and payment obligations.
17. Disputes and Governing Law
These Terms are governed by the laws of India. Subject to applicable law and any mandatory jurisdictional rights, courts having jurisdiction in Delhi, India shall have jurisdiction over disputes arising from or relating to these Terms or the Platform.
18. Changes to Terms
We may update these Terms from time to time. Updated Terms will be posted on the Platform with a revised effective date. Continued use after the effective date constitutes acceptance to the extent permitted by law.
19. Contact
Email: hello@cultorstudio.com
Registered office: 5/19, Upper Ground Floor, Kanti Nagar, Krishna Nagar, Delhi – 110051
CIN: U74994DL2020PTC365702
GSTIN: 07AAICC7950L1Z6