Terms of service

Who we are

Opal is run by [Your full legal name, or your LLC's name] ("Opal", "we", "us"). These terms are an agreement between you and Opal. They cover opalcreate.dev and everything Opal offers there: the website builder, published websites, stores and checkout, orders, Books, Social, Ask King Opal and the other AI helpers, and any other part of Opal (together, "Opal").

If you use Opal for a business, you confirm you're allowed to agree for that business, and "you" includes it. Our Privacy policy and our Refunds and cancellation policy are part of these terms.

Opal is new

Opal is a young product. Features will be added, changed, or taken away, and some things may not work the way you expect. We'll tell you about changes that matter, but please keep your own copies of anything important. You can download your websites and a copy of your workspace from Opal at any time.

Your account

You must be at least 18 years old and able to enter a binding contract to use Opal. Give us true, current details, keep your password private, and tell us right away at OPALCREATE.DEV@gmail.com if you think someone else got into your account. You're responsible for everything done through your account, including by team members you invite. One person or business may hold more than one account only if each one is used honestly and not to get around a limit, a fee or a suspension.

Plans, payments and credits

Opal has a free plan and paid plans. Prices, what each plan includes, and Opal's fee on store sales for each plan are shown on the Plans page before you pay. Paid plans are billed in advance, monthly or yearly, and renew automatically until you cancel. You authorize us and our payment processor, Stripe, to charge your payment method for each renewal. Prices don't include taxes unless we say so; where the law requires, we add them.

You can cancel at any time in Settings, under Plan and usage. You keep your plan until the end of the period you already paid for, and you won't be charged again. Our Refunds and cancellation policy explains when money comes back.

If a payment fails, Stripe tries again for a while. If it still fails, your account moves to the free plan. Your websites and data stay; features of the paid plan stop.

We may change prices. We'll tell you at least 30 days before a new price applies to you, and it starts at your next renewal. If you don't want to pay the new price, cancel before then.

AI credits included in a plan reset each month and don't carry over. Credit packs you buy don't expire while your account is open. Credits have no cash value, can't be transferred or sold, and end when your account closes. When Opal throws away a broken AI answer it gives the credits back by itself, and you can appeal a charge for an answer you think was wrong; we decide each appeal.

Your business is your responsibility

Opal gives you tools. You run your business. You're responsible for your products and services, prices, descriptions, photos, stock, delivery and pickup, refunds, customer service, licences and permits, and for following every law that applies to your business and your customers, including consumer protection, advertising, food safety, product safety, privacy and tax laws.

When someone buys from a website or store you made with Opal, the sale is between you and your buyer. Opal is not the seller, doesn't own, make, check or ship what you sell, and isn't responsible for disputes between you and your buyers. You must honour your own refund policy and the rights buyers have by law.

Sales tax: you choose the tax rate your store charges, and Opal adds it at checkout. You're responsible for knowing where you must collect tax, for the rate being right, and for reporting and paying it to the government. Opal doesn't file or pay taxes for you.

Buyers' information (such as names, emails, phone numbers and addresses) is given to you to fill their orders. Use it only for that and for what the law and your own privacy notice allow. Your store must tell buyers how you use their information.

Getting paid: Stripe

Payment processing services for sellers on Opal are provided by Stripe and are subject to the Stripe Connected Account Agreement (stripe.com/connect-account/legal/full), which includes the Stripe Terms of Service (stripe.com/legal/ssa) (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a seller on Opal, you agree to be bound by the Stripe Services Agreement, as the same might be modified by Stripe from time to time. As a condition of Opal enabling payment processing services through Stripe, you agree to provide Opal accurate and complete information about you and your business, and you authorize Opal to share it and transaction information related to your use of the payment processing services provided by Stripe.

To take card payments you set up a Stripe account through Opal. Stripe checks your identity and bank details on its own pages; Opal never sees your full bank or card numbers. You may only sell things Stripe allows (see stripe.com/legal/restricted-businesses).

How the money moves: the buyer pays by card through Stripe Checkout. Stripe sends the money to your Stripe account, minus (a) Opal's fee for your plan, which is never charged on sales tax, (b) card processing at Stripe's cost, and (c) anything you owe as described below. On the free plan, Stripe's monthly fee for an account that receives payouts is also passed on to you, once a month. Stripe pays your balance to your bank on its payout schedule, which Opal sets to weekly.

Refunds and chargebacks: you decide refunds for your own orders and can give them from Orders. A refund is paid back from your Stripe balance. On a full refund Opal returns its own fee, but card processing that Stripe doesn't give back is taken from your later sales. If a buyer disputes a charge with their bank (a chargeback), Stripe takes the amount from your balance while the bank decides, and Stripe's dispute fee and the card processing on that order are taken from your later sales. If your Stripe balance goes below zero, you agree to pay it back, and Opal may take it from your later sales.

We may pause payments to a store that seems to be selling something not allowed, getting many disputes, or putting buyers at risk, while we look into it.

Bringing a store over

You may only bring over (import) a store, products, photos or text that you own or have the owner's permission to use. Before a whole store moves over, Opal asks you to prove the store is yours, for example with a short code on the old store or a review by us. We may refuse or remove an import we think isn't yours.

What you make

You own what you create and upload: your websites, text, photos, products and listings ("your content"). You give Opal a worldwide, non-exclusive, royalty-free licence to host, store, copy, show, adapt (for example resize or convert a photo) and send your content, only as needed to run Opal for you, to show your published pages and stores to visitors, to make backups, and to keep Opal safe. With your permission, we may also show your published website as an example of what Opal can do. This licence ends when you delete the content or close your account, except for backup copies that expire on their own and anything already shared publicly.

You confirm you have all the rights needed for your content and that it doesn't break any law or anyone else's rights, including copyright, trademark, privacy and publicity rights.

If you send us ideas or feedback, we may use them without owing you anything.

What Opal makes

Opal, including its software, designs, templates, scenes, art, characters, words and logos, belongs to us or the people we license it from. While you follow these terms, you may use the designs, templates and pictures Opal makes for you in your own websites, stores and business, including after you download them. You may not copy or resell Opal's templates, scenes or design system as your own product, or remove notices that say something was made with Opal where your plan includes them.

AI features

Opal uses AI from other companies (currently OpenAI, Anthropic, Google and xAI for text, and OpenAI for pictures) to write, answer questions, look at pictures you add, make pictures, and design websites. What you send to an AI feature goes to that company to make the answer.

AI can be wrong, out of date, incomplete, or similar to something someone else made. Check everything before you publish it, rely on it, or send it to anyone. You're responsible for what you choose to publish or do with it. Opal doesn't promise that AI output is accurate, original, or safe to use for every purpose, and nothing AI says is legal, tax, financial or medical advice.

Don't use AI features to make anything that breaks these terms or the AI companies' rules, including pictures of real people without their permission, other companies' logos or characters, or content meant to deceive. Opal checks pictures and requests for content that isn't allowed, and may refuse some.

Published websites

When you publish, your website is public on the internet at the address Opal gives it, until you unpublish it or your account closes. Websites on the free plan may show a small "Built with Opal" badge. You're responsible for everything on your published website, including any claims, prices, reviews and photos.

Apps and accounts you connect

If you connect another account to Opal, such as Gmail for your Inbox or a social network for posting, you allow Opal to use it in the way shown when you connect, and you can disconnect it at any time. Opal only does what you ask it to with those accounts. Your use of them stays under their own terms.

Working with others

You can invite people to work on a website or store with you. They can see and change what you share with them, and changes they make are your responsibility as the owner. Remove anyone you no longer want to have access.

Acceptable use

Don't use Opal for anything illegal, harmful or deceptive. That includes fraud, scams, phishing, fake reviews or endorsements, pretending to be another person or business, selling illegal, stolen, counterfeit or dangerous goods, harassment, threats, hate, content that sexualizes minors, adult sexual content, malware, spam, and breaking someone else's copyright, trademark or privacy.

Don't try to break, overload, scrape, reverse engineer, or get around the security, limits, fees or plan rules of Opal, and don't help anyone else do so. Don't use Opal, its builder, templates or AI to build or train a product that copies or competes with Opal. Running your own business on Opal, including making websites for clients, is allowed.

We may remove content, unpublish websites, pause stores or payments, or suspend or close accounts that break these terms, that we must act on by law, or that put people or Opal at risk. When we can, we'll tell you why and give you a chance to fix it.

Copyright complaints

If you believe something on Opal infringes your copyright, email OPALCREATE.DEV@gmail.com with: your name and contact details; the work you say is infringed; the exact web address of the material; a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or allowed to act for the owner; and your physical or electronic signature. We'll remove material when the law requires, tell the person who posted it, and accept counter-notices as the law allows. We close the accounts of people who infringe again and again.

Other services

Opal relies on services run by other companies, such as Railway (hosting), Stripe (payments), Resend (email), AI companies, Google, and social networks. We aren't responsible for those services, whether they're available, or what they do under their own terms.

Availability and changes

We work hard to keep Opal running and your data safe, and we back it up every day. But we don't promise Opal will always be available, fast or error-free, or that data will never be lost. We may change, add or remove features. If we change these terms in a way that matters, we'll tell you in Opal or by email at least 30 days before the change applies (unless the law or safety needs it sooner). If you keep using Opal after a change applies, you accept the new terms. If you don't agree, stop using Opal and cancel your plan.

Ending

You can stop using Opal and ask us to close your account at any time by emailing OPALCREATE.DEV@gmail.com. Cancel any paid plan first. We may suspend or close an account as described under Acceptable use, or if a plan stays unpaid. When an account closes, its published websites go offline and its stores stop taking orders. Unless the law stops us, or the account was closed for serious abuse, we'll give you at least 30 days to download your content first. The sections on payments owed, what you make, what Opal makes, no warranties, limits on liability, covering us, and disputes continue after an account closes.

No warranties

Opal is provided "as is" and "as available". To the fullest extent the law allows, Opal makes no promises or warranties of any kind, express or implied, including that Opal will meet your needs, be fit for a particular purpose, be uninterrupted or error-free, or make your business money, and including any warranties of merchantability, title or non-infringement.

Limits on liability

To the fullest extent the law allows, Opal and the people who run it won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, data, goodwill or business opportunities, even if we were told they might happen.

To the fullest extent the law allows, Opal's total liability for all claims about Opal or these terms is limited to the greater of (a) what you paid Opal in the 12 months before the event that led to the claim, or (b) $100.

Some places don't allow some of these limits, so they may not all apply to you. Nothing in these terms limits liability that the law says can't be limited, such as for fraud.

Your promise to cover us

If someone makes a claim against Opal because of your content, your products or sales, your business, your use of Opal, or your breaking of these terms or the law, you agree to defend Opal and cover its reasonable costs and losses from that claim, including legal fees, to the extent the law allows. We'll tell you about the claim and may choose to take part in the defence ourselves.

Disputes

If you have a problem with Opal, email OPALCREATE.DEV@gmail.com first and tell us what happened and what you'd like. Most problems are solved that way. Both of us agree to try in good faith for 60 days before taking it further.

If we can't solve it, you and Opal agree to settle any dispute about Opal or these terms by final, binding arbitration with one arbitrator, run by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use Opal for a business), instead of in court. The arbitration may be held by video or phone, or in the county where you live. Either of us may instead bring a claim in small-claims court if it qualifies, and either of us may ask a court to stop someone from infringing intellectual property or misusing Opal.

Claims may only be brought by you or Opal individually, not as part of a class, group or representative action, and the arbitrator can't combine claims of different people.

You can opt out of this arbitration section by emailing OPALCREATE.DEV@gmail.com within 30 days of creating your account, with your name, the email you signed up with, and a clear statement that you're opting out. Opting out doesn't change anything else in these terms.

Law and contact

These terms are governed by the laws of the State of Utah, USA, and the laws of the United States, without regard to conflict-of-law rules. If a dispute goes to court (because arbitration doesn't apply), it will be heard in the state or federal courts in Utah County, Utah, and you and Opal agree to those courts.

If part of these terms can't be enforced, the rest still applies. If we don't enforce a part right away, we haven't given up the right to. You may not transfer these terms or your account without our written OK; we may transfer them if Opal is sold or reorganized. We aren't responsible for delays caused by things outside our reasonable control. These terms, with the policies they mention, are the whole agreement between you and Opal about Opal.

We may send you notices by email or in Opal. Questions: OPALCREATE.DEV@gmail.com.