1. Acceptance of these terms
These Terms of Service ("Terms") form a binding agreement between you and Brilliant Systems LLC, a limited liability company with its registered office at 1500 N Grant St Ste R, Denver, CO 80203, USA ("Open Lance", "we", "us", or "our"), and govern your access to and use of the Open Lance website, applications, and services (collectively, the "Platform"). Open Lance is a product of Brilliant Systems LLC.
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Platform.
If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Eligibility & accounts
You must be at least 18 years old and able to form a legally binding contract to use the Platform.
You are responsible for the information you provide, for maintaining the confidentiality of your credentials, and for all activity that occurs under your account. Notify us immediately of any unauthorized use.
You agree to provide accurate, current, and complete information and to keep it updated. We may suspend or terminate accounts that contain false information or that violate these Terms.
3. The Platform & our role
Open Lance is a marketplace that connects clients seeking services with freelancers offering them, and provides supporting tools including messaging, contracts, milestone management, escrow, and dispute resolution.
Contracts for services are entered into directly between clients and freelancers. Open Lance is not a party to those contracts, is not an employer, agency, or staffing firm, and does not supervise, direct, or control the work performed. We provide the Platform and payment-handling tools only.
Freelancers are independent contractors and are solely responsible for their own taxes, licenses, and compliance with applicable laws.
4. Fees, commission & payments
Freelancer commission. Open Lance currently charges freelancers a 0% commission on earnings released through the Platform — freelancers keep 100% of what they earn. Open Lance may change this commission rate in the future at its sole discretion. Any change will be published on the Platform and communicated in advance, and will apply only to work contracted after the change takes effect.
Bids. Submitting a proposal consumes one bid, regardless of the size of the job. Bids may be obtained through the Open Lance Ultra subscription or purchased in bid packs. Amounts spent on bids and subscriptions are generally non-refundable except as required by law or as expressly stated at the point of purchase.
Client fees. Clients may be charged platform and/or contract-initiation fees when funding milestones. Applicable fees are shown to the client before a payment is confirmed.
Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for any taxes applicable to your transactions.
Payment processing. Card payments are handled by our third-party payment processor (e.g., Stripe). By funding a milestone or purchasing on the Platform you agree to the processor's terms. We do not store full card numbers.
5. Escrow & milestone release
When a client funds a milestone, the funds are held in escrow before work begins. Funds are released to the freelancer on the client's approval of the milestone.
Clients control the release: on approval they may release funds instantly or hold them for a short security/clearance period. Where both parties agree to instant release, approved milestones are released immediately.
To protect freelancers, an auto-release safeguard may release a funded, submitted milestone after a defined period of client inactivity, unless the milestone is under an open dispute.
Released funds are credited to the freelancer's wallet and may be withdrawn to a configured payout method after any applicable clearance period.
6. Disputes & resolution
If a disagreement arises on a funded milestone, either party may open a dispute. Funds for a disputed milestone are frozen and will not auto-release while the dispute is open.
Open Lance provides structured mediation and may review submitted evidence to reach a fair outcome — full release to the freelancer, full refund to the client, or a partial split. Any partial settlement may be held in escrow for a short security period before release.
You agree to participate in the dispute process in good faith. Resolution outcomes determined through the Platform's mediation are final as between the parties for the purposes of releasing escrowed funds.
7. Acceptable use & prohibited conduct
You agree not to:
- circumvent the Platform's payment system or take transactions off-platform to avoid fees or protections;
- post unlawful, fraudulent, infringing, harassing, or misleading content;
- misrepresent your identity, skills, or affiliations, or manipulate reviews, ratings, or bids;
- scrape, reverse-engineer, overload, or interfere with the Platform or its security;
- use the Platform to violate any applicable law, sanction, or third-party right.
We may remove content, restrict features, or suspend or terminate accounts that violate these rules.
8. Teams & bidders
Freelancers may invite and engage other users ("bidders") to act on their behalf in submitting proposals and pursuing work. The freelancer remains responsible for activity conducted by their team on their account and for any arrangements made with team members.
9. Third-party integrations (Google)
The Platform offers optional integrations with third-party services. If you connect your Google account to schedule Google Meet calls, you authorize Open Lance to create and manage calendar events on your behalf solely for meetings you schedule through the Platform. Your use of Google services is also governed by Google's own terms and privacy policy.
Connecting a Google account is entirely optional, and you may disconnect it at any time in Settings → Integrations (or at https://myaccount.google.com/permissions). How we access, use, store, and delete Google data is described in our Privacy Policy, and our use of Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements. We are not responsible for third-party services, and their availability may change.
10. Intellectual property
The Platform, including its software, design, and trademarks, is owned by Brilliant Systems LLC and protected by law. We grant you a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms.
Ownership of work product created under a client–freelancer contract is governed by the agreement between those parties. You retain rights to content you submit but grant Open Lance a licence to host and display it as needed to operate the Platform.
11. Suspension & termination
You may stop using the Platform at any time. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure, or for prolonged inactivity.
Provisions that by their nature should survive termination — including fees owed, dispute outcomes, intellectual property, disclaimers, and limitations of liability — will survive.
12. Disclaimers
The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Open Lance does not guarantee the quality, safety, legality, or outcome of any job, proposal, or user, and does not guarantee uninterrupted or error-free operation of the Platform.
13. Limitation of liability
To the maximum extent permitted by law, Brilliant Systems LLC and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill.
To the maximum extent permitted by law, our total liability for any claim relating to the Platform will not exceed the greater of the fees we earned from you in the three months before the claim or one hundred US dollars (US$100).
14. Indemnification
You agree to indemnify and hold harmless Brilliant Systems LLC and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Platform, your content, or your breach of these Terms or of any law or third-party right.
15. Governing law & dispute venue
These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law rules, except where mandatory consumer-protection laws of your country of residence apply.
Disputes between you and Open Lance that are not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado, USA, unless applicable law provides otherwise.
16. Changes to these terms
We may update these Terms from time to time. Material changes will be posted on the Platform and, where appropriate, communicated to you. The "Last updated" date above reflects the latest revision. Your continued use after changes take effect constitutes acceptance.
17. Contact
Questions about these Terms can be sent to Brilliant Systems LLC, 1500 N Grant St Ste R, Denver, CO 80203, USA, at legal@openlance.io.