Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Opaline Shift. By accessing our website, using our services, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these terms.

These terms establish the legal framework for our relationship and define the responsibilities and obligations of both parties. They protect both your rights as a user and our rights as a service provider.

Last updated: November 25, 2025

1. Agreement and Acceptance

By using our website or services, you enter into a binding legal agreement with Opaline Shift. This agreement takes effect immediately upon your first use of our website or services. If you do not agree with any provision of these terms, you must discontinue use immediately.

Your continued use of our services constitutes ongoing acceptance of these terms, including any modifications we make. For clients engaging our marketing services, these general terms work in conjunction with specific service agreements, which may contain additional provisions tailored to your engagement.

You represent that you have the legal capacity to enter into binding agreements and that you are at least 18 years of age. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. User Obligations and Conduct

2.1 Compliance with Laws

You agree to comply with all applicable local, national, and international laws, regulations, and ordinances when using our services. This includes but is not limited to laws governing marketing practices, data protection, intellectual property, consumer protection, and business conduct in your jurisdiction.

2.2 Accurate Information

You must provide accurate, current, and complete information when communicating with us or using our services. You are responsible for updating any information you provide to ensure its accuracy. Providing false or misleading information may result in service termination and could have legal consequences.

2.3 Prohibited Conduct

You agree not to engage in conduct that:

• Violates any third-party rights, including intellectual property, privacy, or contractual rights
• Is fraudulent, deceptive, or misleading
• Involves the distribution of spam, malware, or harmful code
• Attempts to circumvent security measures or access restrictions
• Interferes with other users' ability to access or use our services
• Involves automated systems to access our services without authorization
• Misrepresents your relationship with us or implies endorsement we have not given

2.4 Content Guidelines

Any content you provide to us for use in our services must comply with applicable laws and not infringe on third-party rights. You must have all necessary rights and permissions for content you submit. Content must not be illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.

3. Client Responsibilities

3.1 Cooperation and Communication

If you engage our marketing services, you agree to provide timely information, feedback, and approvals necessary for us to deliver our services effectively. Delays in your responses or provision of required materials may impact project timelines and outcomes.

3.2 Implementation of Recommendations

While we provide professional marketing guidance and recommendations, you are ultimately responsible for decisions about implementing our advice. We cannot guarantee specific results, as outcomes depend on numerous factors including your implementation, market conditions, and circumstances beyond our control.

3.3 Third-Party Relationships

If our services involve interactions with third parties such as influencers, advertising platforms, or other service providers, you acknowledge that these relationships are subject to the terms and policies of those third parties. We are not responsible for the actions or performance of third parties, though we will make reasonable efforts to select reputable partners.

5. Disclaimers and Warranties

5.1 Service Provision

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We make no warranties that our services will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that results obtained from our services will be accurate or reliable.

5.2 No Guarantee of Results

Marketing outcomes depend on numerous variables beyond our control. We do not guarantee, represent, or warrant that use of our services will result in any particular level of sales, revenue, profits, audience growth, or other specific outcomes. Past performance of campaigns we have conducted does not guarantee future results.

5.3 Third-Party Services

Our services may involve or rely on third-party platforms, tools, or services. We make no warranties regarding these third-party services and disclaim responsibility for their performance, availability, or compliance with applicable laws. Changes to third-party platforms may affect our ability to deliver certain services.

6. Limitation of Liability

6.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, Opaline Shift shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use our services, even if we have been advised of the possibility of such damages.

6.2 Cap on Liability

Our aggregate liability to you for all claims arising out of or relating to these terms or our services, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to us in the twelve months preceding the event giving rise to the liability, or €500, whichever is greater.

6.3 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

7. Force Majeure

Neither party shall be liable for any failure or delay in performance under these terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or other force majeure events. The affected party will notify the other party promptly and make reasonable efforts to resume performance as soon as practicable.

8. Dispute Resolution

8.1 Informal Resolution

If a dispute arises between you and Opaline Shift, we encourage you to contact us first to seek an informal resolution. Many disputes can be resolved through good-faith communication and negotiation, which is more efficient and less costly than formal proceedings.

8.2 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Portugal, without giving effect to any choice or conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

8.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the courts located in Lisbon, Portugal. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

9. General Provisions

9.1 Entire Agreement

These Terms and Conditions, together with any specific service agreements and our Privacy Policy, constitute the entire agreement between you and Opaline Shift regarding your use of our services and supersede all prior agreements and understandings, whether written or oral.

9.2 Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

9.3 Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Opaline Shift.

9.4 Assignment

You may not assign or transfer these terms or your rights and obligations hereunder without our prior written consent. We may assign these terms or any rights hereunder without restriction. Any attempted assignment in violation of this provision is void.

9.5 Headings

The section headings in these terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these terms.

10. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of material changes by posting the updated terms on our website and updating the "Last updated" date. For significant changes, we may provide additional notice such as email notification to registered users or a prominent notice on our website.

Your continued use of our services after changes become effective constitutes your acceptance of the modified terms. If you do not agree with the changes, you must stop using our services. It is your responsibility to review these terms periodically.

Questions or Concerns?

If you have questions about these Terms and Conditions, need clarification on any provisions, or have concerns about compliance, please contact us through our contact page or using the contact information provided at the top of this page. We value clear communication and will address your inquiries promptly.