Terms of Service

Welcome to Opaline Shift. These Terms of Service govern your use of our website and the marketing services we provide. By accessing our website or engaging our services, you agree to be bound by these terms. Please read them carefully.

If you do not agree with any part of these terms, please do not use our website or services. We reserve the right to modify these terms at any time, and continued use of our services after changes constitutes acceptance of the updated terms.

Last updated: November 26, 2025

Scope and Application

These Terms of Service apply to all visitors, users, and clients who access or use our website and services. They cover the relationship between you and Opaline Shift, including how you may use our website, the services we offer, and the obligations we both have.

Specific service engagements may be governed by additional agreements that supplement these terms. In the event of a conflict between these general terms and a specific service agreement, the terms of the service agreement will take precedence.

Acceptable Use of Our Services

Permitted Uses

You may use our website to learn about our services, read our content, contact us with inquiries, and engage with us professionally. If you become a client, you may use our services as outlined in your service agreement for legitimate marketing and business purposes.

Prohibited Activities

When using our website or services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our services to promote illegal, harmful, or fraudulent activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the operation of our website or services
• Transmit viruses, malware, or other harmful code
• Scrape, copy, or harvest content from our website using automated means
• Misrepresent your identity or affiliation with any person or organization
• Use our services in ways that could damage our reputation or business relationships

Fair Usage Guidelines

We expect all users to interact with our website and services in good faith and for legitimate purposes. Excessive or unreasonable use that impacts our ability to serve other clients may result in service limitations or termination of access.

Account Access and Management

Account Creation

If we provide you with account access for client portals or service platforms, you must provide accurate and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You must notify us immediately if you become aware of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to maintain account security. You should use strong, unique passwords and enable any available security features.

Account Suspension and Termination

We reserve the right to suspend or terminate your account if you violate these terms, engage in fraudulent activity, or use our services in ways that could harm our business or other users. We will generally provide notice before termination unless immediate action is required for security or legal reasons. Upon termination, you must cease using our services and may lose access to any data stored in your account.

Service Availability and Modifications

Uptime and Maintenance

We strive to maintain reliable access to our website and services, but we cannot guarantee uninterrupted availability. Our website may be temporarily unavailable due to maintenance, updates, or technical issues beyond our control. We will attempt to schedule major maintenance during low-usage periods and provide advance notice when possible.

Service Updates and Changes

We continuously improve our services and may modify, update, or discontinue features at our discretion. We will notify active clients of significant changes that materially affect their service, but we are not obligated to maintain any particular feature indefinitely. Updates are generally intended to improve functionality, security, or user experience.

Geographic Availability

While our website is accessible globally, our marketing services may not be available in all jurisdictions. We may restrict access to certain services or features based on your location, particularly where legal or regulatory constraints apply.

Intellectual Property Rights

Our Content and Ownership

All content on our website, including text, graphics, logos, images, and software, is owned by Opaline Shift or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may view and print content for personal, non-commercial use, but you may not reproduce, distribute, modify, or create derivative works without our written permission.

Client-Generated Content

When you provide us with materials, information, or content for use in our services, you grant us a license to use, modify, and display that content as necessary to deliver our services. You represent that you have the right to provide such content and that its use by us will not infringe on third-party rights.

Deliverables and Work Product

The ownership of deliverables and work product created through our services will be specified in your service agreement. Typically, you receive rights to use final deliverables for their intended purpose, while we retain certain rights to use anonymized examples for portfolio or marketing purposes with your approval.

Payment and Fees

If you engage our services, specific pricing, payment terms, and invoicing schedules will be outlined in your service agreement. Fees are typically quoted in Euros unless otherwise agreed. You agree to pay all fees in accordance with the payment terms specified.

Late payments may incur additional charges or result in service suspension. All fees are non-refundable unless explicitly stated otherwise in your service agreement or required by applicable law. You are responsible for any bank charges, currency conversion fees, or taxes associated with payments.

Limitation of Liability

To the maximum extent permitted by law, Opaline Shift, its directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website, including but not limited to lost profits, lost revenue, lost data, or business interruption.

Our total liability for any claims related to our services shall not exceed the amount you paid us in the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Opaline Shift and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any rights of third parties. This includes claims related to content you provide to us or actions you take based on our services.

Termination of Services

Either party may terminate a service engagement in accordance with the terms specified in the service agreement. We reserve the right to terminate or suspend access to our website or services immediately, without notice, if you breach these terms or engage in conduct that we determine to be harmful or inappropriate.

Upon termination, certain provisions of these terms will survive, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution provisions. You will remain responsible for any outstanding fees or obligations incurred before termination.

Governing Law and Disputes

These Terms of Service are governed by the laws of Portugal, without regard to conflict of law principles. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in Lisbon, Portugal.

Before pursuing formal legal action, we encourage you to contact us to discuss potential resolution. Many disputes can be resolved through good-faith communication. If litigation becomes necessary, the prevailing party may be entitled to recover reasonable legal fees and costs.

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if that is not possible, it shall be severed from these terms.

Modifications to Terms

We may update these Terms of Service from time to time to reflect changes in our practices, legal requirements, or business operations. We will post the updated terms on this page and update the "Last updated" date at the top. For material changes, we will provide additional notice to active clients via email or through our website.

Your continued use of our services after changes are posted constitutes acceptance of the updated terms. If you do not agree with the modified terms, you should discontinue using our services.

Questions About These Terms?

If you have questions about these Terms of Service or need clarification on any provisions, please reach out to us through our contact page or using the contact information provided at the top of this page. We're here to help and appreciate the opportunity to address your concerns.