The increasing influence of digital platforms in our daily lives has made the legal relationship between individuals using these platforms and service providers more significant. Service providers typically set the terms of the services they offer unilaterally, which are presented to users in documents referred to as "terms of use," "user terms and conditions" or "membership agreements." These documents primarily regulate the relationship between the intermediary service provider or service provider and the user, outlining the framework of the digital service and defining the basic obligations of both parties. However, the legal nature and effects of these documents may be subject of debate, especially in terms of user rights and the responsibilities of service providers.
These documents can sometimes be seen as unilateral declarations of intent, where the intermediary service provider or service provider declares their obligations regarding the delivery of the service. However, more often, such documents are prepared as bilateral contracts that also impose obligations on users. The binding nature of these documents for the user varies depending on the platform. In some cases, users actively agree to these terms, for example, by ticking a box, thereby accepting the agreement and becoming a party to it. In contrast, generally on open digital platforms that do not require membership, it may be stated in the document itself that users are deemed to have accepted those terms by simply using the website or mobile app. In this case, the terms and conditions will become binding as soon as the user begins using the service. However, in both cases, for those terms to be binding on the user, users must have been provided with the opportunity to truly review these terms. Therefore, service providers and intermediary service providers must present these terms in a way that is easily accessible and understandable, keep them available on their platforms for users to access easily, and update them when necessary.
Service providers and intermediary service providers generally have the authority to regulate the terms of use unilaterally. However, it should be remembered that this authority is not unlimited. Specifically, on platforms aimed at consumers, such unilateral regulations can be considered unfair terms. According to the Turkish Consumer Protection Law No. 6502, unfair terms are those included in a contract without negotiation with the consumer, causing an imbalance that goes against the principle of good faith and results in harm to the consumer. Unfair terms in contracts with consumers are deemed void. Therefore, when these documents, referred to as "terms of use", "general terms and conditions" or "membership agreements" are prepared unilaterally by the service provider without negotiation with the consumer, any provisions that cause an imbalance against the consumer by violating the principle of good faith will be deemed void.
In conclusion, the terms of use, which form the basis of the legal relationship between users and service providers on digital platforms, should be carefully prepared and presented transparently to consumers. It is recommended that the terms be written in a manner easily understandable by consumers, permanently placed in a section of the website or mobile app, updated when necessary, and that users be notified of significant updates. Indeed, it should also be noted that if the provisions in these unilaterally prepared documents impose obligations on the consumer in a manner contrary to the principle of good faith, they may be considered unfair terms and lose their binding effect. Therefore, it is crucial for digital platforms and e-commerce sites to carefully prepare these terms to ensure both legal validity and user satisfaction.