Terms of Service

01 Agreement to terms

These Terms of Service (the “Terms”) are a binding agreement between you (“you,” “Client”) and Opportunity Designed (“Opportunity Designed,” “we,” “us,” or “our”). They apply to the website at opportunitydesigned.com (the “Site”) and to the consulting and advisory services we provide (the “Services”).

By accessing the Site, contacting us, booking a call, or engaging us for Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Site or the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

02 Who we are

Opportunity Designed is a growth strategy consultancy for consumer brands and the retailers that sell them, founded by Addie Morrow and based in Salt Lake City, Utah. We work with clients across the United States, primarily on a remote basis.

You can reach us at hello@opportunitydesigned.com or through the contact options on our contact page.

03 The services

Opportunity Designed provides professional consulting and advisory services, which may include growth strategy, brand positioning, assortment and merchandising strategy, category strategy, retail and marketplace expansion, market access, operational buildout, and related advisory work. The specific scope of any engagement is defined in the applicable proposal, statement of work, or written agreement.

Our Services are professional advisory services. We bring experience, analysis, and recommendations to your business, but you remain responsible for your own business decisions. We do not guarantee any particular commercial result, sales figure, retailer placement, or other outcome, as these depend on factors outside our control.

04 Engagements & statements of work

Most engagements begin with an introductory conversation and, where there is a fit, a written proposal or statement of work (an “SOW”). Each SOW describes the scope, deliverables, timeline, and fees for that engagement. Once accepted by both parties, the SOW is incorporated into and governed by these Terms.

If a term of an SOW conflicts with these Terms, the SOW controls for that engagement. Changes to scope are handled by mutual written agreement and may adjust fees and timelines.

05 Fees & payment

Fees for the Services are set out in the applicable SOW or proposal and are quoted in U.S. dollars. Engagements are priced on scope. Fixed-scope offerings, such as an Opportunity Review, are described on the Site with their current price.

Payment processing. We accept payment through third-party payment processors, including Stripe, a PCI-DSS compliant payment processor. By making a payment, you agree to Stripe’s terms and privacy policy, and you authorize us and our processor to charge the payment method you provide for the amounts due. We do not store your full card details; those are handled entirely by Stripe.

Invoicing. Unless an SOW states otherwise, invoices are due on receipt. Some engagements require a deposit or an upfront payment before work begins, or are billed in installments at defined milestones, as described in the SOW.

Late or failed payments. If a payment is not received when due, we may pause work until the account is current. Amounts unpaid past their due date may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, and you are responsible for reasonable costs of collection.

Taxes. Fees are exclusive of any applicable sales, use, or similar taxes, which are your responsibility except for taxes based on our net income.

06 Refunds & cancellation

Because the Services are professional services delivered over time, our refund and cancellation policy works as follows:

Fixed-scope and prepaid engagements

For a fixed-scope engagement (such as an Opportunity Review) paid in advance, you may request a refund before work has begun for a full refund of amounts paid. Once work has begun, fees are refundable on a pro-rata basis for work not yet performed, less any non-recoverable costs already incurred on your behalf. Once the deliverable has been completed and delivered, fees for that deliverable are non-refundable.

Ongoing and milestone engagements

For ongoing or milestone-based engagements, either party may cancel with the notice period stated in the SOW (and if none is stated, on fifteen (15) days’ written notice). On cancellation, you remain responsible for fees for Services performed and costs committed through the effective date of cancellation, and we will refund any prepaid fees for Services not yet performed.

How to request a refund or cancel

To cancel an engagement or request a refund, email hello@opportunitydesigned.com. We aim to acknowledge requests within three (3) business days, and approved refunds are issued to the original payment method through our payment processor.

Disputes and chargebacks

If you believe a charge is incorrect, please contact us first so we can resolve it directly, which is almost always faster than a formal dispute. We do not sell physical goods, so no shipping or return of products applies.

07 Client responsibilities

To get value from the Services, you agree to provide timely access to the information, materials, systems, and people we reasonably need, and to give feedback and approvals within reasonable timeframes. You are responsible for the accuracy and legality of the information you provide, and for having the rights to share it with us.

You are responsible for your own business, legal, tax, and financial decisions. Our recommendations do not constitute legal, accounting, tax, or investment advice, and you should consult your own qualified advisors where appropriate.

08 Intellectual property

Your materials. You retain all rights in the materials, data, and content you provide to us. You grant us a limited license to use them for the purpose of performing the Services.

Deliverables. Unless an SOW states otherwise, upon full payment of the fees for an engagement, we assign to you the specific final deliverables we create for you under that engagement, for use in your business.

Our know-how. We retain ownership of the methods, frameworks, templates, know-how, and general knowledge we use and develop, including anything we created before or independently of the engagement. We may continue to use the general skills, experience, and non-confidential learnings gained in performing the Services.

Site content. The content on the Site, including text, graphics, the Opportunity Designed name and mark, and its overall design, is owned by us or our licensors and is protected by intellectual property laws. You may not copy, reproduce, or reuse it without our prior written permission, except as allowed by law.

09 Confidentiality

Each party may receive non-public information from the other that is marked or reasonably understood to be confidential. Each party agrees to use the other’s confidential information only to perform or receive the Services, to protect it with reasonable care, and not to disclose it to third parties except to those who need it and are bound by similar obligations. These obligations do not apply to information that is public through no fault of the receiving party, already known, independently developed, or required to be disclosed by law.

In performing the Services, we may use AI-assisted research and drafting tools (see Section 11) and take reasonable steps to minimize what confidential information reaches them. If any part of your business is sensitive enough that you’d rather it never touch a third-party AI tool, tell us and we’ll handle that part manually.

10 Acceptable use of the website

You agree to use the Site lawfully and not to interfere with its operation, attempt to gain unauthorized access to it, or use it to transmit harmful code or to infringe the rights of others. We may modify, suspend, or discontinue any part of the Site at any time without notice.

11 Third-party services

The Site and Services rely on a range of third-party tools: our payment processor (Stripe); scheduling and messaging (Cal.com, WhatsApp Business); hosting and forms (Netlify); cookie consent (Silktide Consent Manager, self-hosted); CRM and automation (HubSpot, Zapier); business records (QuickBooks, Notion, GitHub); site analytics and advertising (Google, Meta, Bing Webmaster Tools, VibeSEO); press and expert-sourcing (HARO/helpareporter.com, Featured.com); and AI research and drafting tools (Claude, Gemini, ChatGPT, Perplexity) used to help deliver the Services. Your use of, or our use of, those tools is subject to each provider’s own terms and privacy policies, and we are not responsible for third-party services. Links to third-party websites are provided for convenience and are not endorsements. See our Privacy Policy for what each tool does.

12 Disclaimers

The Site and the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, or that the Services will achieve any particular result. Any recommendations we provide are based on the information available to us and our professional judgment at the time.

13 Limitation of liability

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, data, or business opportunities, arising out of or related to the Site, the Services, or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or related to the Services or these Terms will not exceed the total fees you paid to us for the specific engagement giving rise to the claim in the three (3) months preceding the event that gave rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14 Indemnification

You agree to indemnify and hold harmless Opportunity Designed and its owner from and against reasonable claims, damages, and expenses arising out of your breach of these Terms, your misuse of the Site or Services, or your violation of the rights of a third party, except to the extent caused by our own gross negligence or willful misconduct.

15 Term & termination

These Terms apply while you use the Site or are engaged with us. Either party may terminate an engagement as described in the applicable SOW or Section 6. We may suspend or terminate your access to the Site at any time if you violate these Terms. Provisions that by their nature should survive termination, including sections on fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law, will survive.

16 Governing law

These Terms and any dispute arising out of them or the Services are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Subject to Section 17, the state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction, and each party consents to venue there.

17 Dispute resolution

If a dispute arises, both parties agree to first try to resolve it informally by contacting each other and negotiating in good faith for at least thirty (30) days. If the dispute is not resolved, either party may pursue available remedies in accordance with Section 16. Each party is responsible for its own costs unless a court or the applicable agreement provides otherwise.

18 Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the current version on this page. Material changes will apply going forward. Your continued use of the Site or Services after an update means you accept the revised Terms. For active engagements, the version of these Terms in effect when your SOW was accepted continues to apply to that engagement unless we agree otherwise in writing.

19 Contact

Questions about these Terms? Email hello@opportunitydesigned.com or reach us through the contact page. Opportunity Designed, Salt Lake City, Utah, United States.