OPULENCE LIFESTYLE MANAGEMENT, INC.
This Terms of Service (“Agreement”) governs the provision of concierge and lifestyle management services (“Services”) by Opulence Lifestyle Management, Inc. (“Opulence,” “we,” “our,” or “us”) to the contracting entity (“Client”). By executing a proposal, scope of work, or otherwise engaging Opulence Teams, Client agrees to be bound by this Agreement.
1. Definitions
1.1. Client: The sports franchise, agency, corporation, or other business entity entering into this Agreement.
1.2. Authorized Users: Individuals (such as athletes, staff, or employees) designated by Client to receive Services under this Agreement.
1.3. Services: Concierge, lifestyle management, and related services provided by Opulence Teams pursuant to this Agreement.
1.4. SOW: A statement of work, proposal, or addendum executed by both parties describing specific Services, deliverables, and fees.
1.5. Partner Portal: The secure, web-based dashboard and reporting platform (“Portal”) provided by Opulence to authorized partner organizations, accessible at teamsportal.joinopulence.com. The Portal provides real-time visibility into service request activity, client data, receipts, and monthly summary reports.
1.6. Access Code: A unique, confidential alphanumeric credential issued to Client by Opulence for the sole purpose of accessing the Partner Portal. Access Codes are non-transferable and linked to Client’s account.
2. Scope of Services
2.1. Opulence Teams provides tailored concierge and lifestyle management services to Client and its Authorized Users, including but not limited to travel coordination, dining, event access, relocation assistance, and day-to-day lifestyle requests.
2.2. Specific Services, service levels, and availability will be outlined in an applicable SOW.
2.3. Opulence may engage third-party vendors, suppliers, or contractors (“Third-Party Providers”) in connection with Services.
2.4. Partner Portal Access: Where included in Client’s SOW, Opulence will provide access to the Partner Portal. Portal availability and features are provided as-is and may be updated, modified, or discontinued at Opulence’s discretion with reasonable notice to Client.
3. Client Obligations
3.1. Accurate Information: Client must provide complete and accurate information necessary for the performance of Services.
3.2. Authorized Users: Client shall ensure that Authorized Users comply with this Agreement. Client remains responsible for all requests and costs incurred by Authorized Users.
3.3. Expense Responsibility: Client is responsible for all charges, fees, deposits, and expenses related to Services, whether billed through Opulence or directly by Third-Party Providers.
3.4. Access Code Security: Client is solely responsible for maintaining the confidentiality of its Access Code(s). Client shall not share, distribute, or transfer Access Codes to any unauthorized party. In the event of actual or suspected unauthorized access, Client must notify Opulence immediately at cooper@joinopulence.com. Opulence reserves the right to revoke and reissue Access Codes at any time.
3.5. Portal Use Restrictions: Client shall access and use the Portal solely for its internal business purposes in connection with the Services. Client shall not: (i) share Portal credentials or content with unauthorized third parties; (ii) reproduce, distribute, or publicly display Portal data, reports, or content without Opulence’s prior written consent; (iii) attempt to reverse engineer, scrape, or otherwise extract data from the Portal by automated means; or (iv) use Portal data for any purpose beyond evaluating and managing Services received under this Agreement.
4. Fees and Payment
4.1. Pricing: Fees for Services will be set forth in the applicable SOW.
4.2. Payment Terms: Unless otherwise agreed in writing, invoices are due net thirty (30) days from the invoice date.
4.3. Credit Card Processing Fees: Payments made by credit card may be subject to processing fees, which shall be the responsibility of the Client.
4.4. Non-Refundable: Fees are non-refundable except as expressly provided in the applicable SOW or required by law.
5. Third-Party Providers
5.1. Client acknowledges that Services may be facilitated through Third-Party Providers. All arrangements with Third-Party Providers are made directly between Client (or its Authorized Users) and such providers.
5.2. Opulence is not responsible for the acts, omissions, errors, or negligence of Third-Party Providers and makes no representations or warranties regarding their services.
6. Confidentiality
6.1. Both parties agree to maintain the confidentiality of any non-public, proprietary, or confidential information disclosed in connection with this Agreement (“Confidential Information”).
6.2. Confidential Information shall not include information that is publicly available, independently developed without reference to the disclosing party’s information, or required to be disclosed by law.
6.3. Portal Data Confidentiality: All data, reports, receipts, and content accessible through the Partner Portal constitute Confidential Information of Opulence and/or Client. Client acknowledges that Portal content reflects proprietary service records and client activity data. Client shall treat all Portal content with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
6.4. Downloaded Files: Client acknowledges that files downloaded from the Portal (including monthly reports and receipts) are subject to this confidentiality obligation once downloaded. Client assumes full responsibility for the security and handling of any files downloaded from the Portal. Opulence is not liable for the unauthorized disclosure of Portal content following download by Client or its Authorized Users.
7. Data Privacy
Opulence will collect and process personal data of Authorized Users solely for the purpose of fulfilling Services. All data will be handled in accordance with Opulence’s Privacy Policy and applicable data protection laws.
7.1. Portal Data Handling: The Partner Portal is hosted on Google Firebase infrastructure. Service request data, receipts, and reports are stored in Google Cloud Firestore and Firebase Storage. Opulence implements industry-standard security controls including access authentication, encrypted data transmission (TLS), and time-limited signed URLs for file access. Opulence does not sell or share Client data with third parties except as required to perform Services.
7.2. Data Accuracy: Portal data reflects information logged in Opulence’s internal management system and is updated periodically. Opulence makes reasonable efforts to ensure data accuracy but is not liable for omissions, delays, or discrepancies between Portal data and underlying service records. Client should contact its Opulence account manager to report any data discrepancies.
8. Partner Portal
8.1. Portal Access: Opulence grants Client a limited, non-exclusive, non-transferable license to access and use the Partner Portal during the term of this Agreement, solely for the purpose of monitoring Services provided to Client’s Authorized Users.
8.2. File Security: Portal files, including monthly reports and receipts, are protected by time-limited signed URLs that expire automatically. Direct access to file storage URLs without a valid signed credential is prohibited. Opulence reserves the right to modify security protocols at any time to enhance data protection.
8.3. Portal Availability: Opulence will use commercially reasonable efforts to maintain Portal availability. However, Opulence does not guarantee uninterrupted access and is not liable for downtime caused by maintenance, third-party infrastructure issues, or events beyond Opulence’s control.
8.4. Modifications: Opulence reserves the right to update, modify, or discontinue Portal features at any time. Opulence will provide reasonable advance notice of material changes that affect Client’s use of the Portal.
8.5. No Ownership Rights: Client’s access to the Portal does not confer any ownership, license, or proprietary rights in the Portal, its underlying technology, design, or content beyond the limited access right expressly granted herein.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, or punitive damages arising from this Agreement.
9.2. Opulence’s total aggregate liability under this Agreement shall not exceed the total fees paid by Client to Opulence in the twelve (12) months preceding the claim.
9.3. Opulence is not liable for the acts, omissions, or failures of Third-Party Providers.
9.4. Portal Limitation: Opulence’s liability arising from or related to the Partner Portal, including any unauthorized access, data breach, or Portal unavailability, shall be subject to the aggregate cap set forth in Section 9.2. Opulence is not liable for any loss or exposure resulting from Client’s download, storage, or distribution of Portal files.
10. Indemnification
10.1. By Client: Client agrees to indemnify, defend, and hold harmless Opulence, its officers, employees, and affiliates from any claims, damages, or losses arising from (i) Client’s or Authorized Users’ use of the Services, or (ii) Client’s breach of this Agreement.
10.2. By Opulence: Opulence agrees to indemnify and hold harmless Client from any claims arising out of Opulence’s gross negligence or willful misconduct in the performance of Services.
10.3. Portal Indemnification: Client agrees to indemnify and hold harmless Opulence from any claims, damages, or losses arising from (i) Client’s unauthorized use of the Portal or Access Codes, (ii) Client’s sharing or distribution of Portal content in violation of this Agreement, or (iii) any security breach resulting from Client’s failure to maintain the confidentiality of its Access Code(s).
11. Force Majeure
Neither party shall be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, strikes, acts of war, terrorism, or government actions.
12. Term and Termination
12.1. Term: This Agreement shall remain in effect for the duration specified in the applicable SOW.
12.2. Termination for Convenience: Either party may terminate this Agreement or any SOW with sixty (60) days’ written notice, subject to payment of all outstanding amounts due.
12.3. Termination for Cause: Either party may terminate immediately for material breach if not cured within thirty (30) days of written notice.
12.4. Upon termination, all unpaid fees and reimbursable expenses shall become immediately due and payable.
12.5. Termination of Portal Access: Upon termination or expiration of this Agreement for any reason, Client’s access to the Partner Portal will be revoked immediately. Client shall cease all use of Portal credentials and shall not retain, use, or distribute any Portal content obtained after the termination date. Opulence may delete Client’s Portal data within ninety (90) days of termination. Opulence may also suspend Portal access immediately and without prior notice in the event of: (i) suspected unauthorized use or security breach; (ii) non-payment of fees; or (iii) material breach of Sections 3.4, 3.5, or 6.3.
13. Intellectual Property
All intellectual property, content, and materials developed by Opulence in connection with Services remain the property of Opulence. Client shall not use Opulence’s trademarks, branding, or materials without prior written consent.
13.1. Portal IP: The Partner Portal, including its design, architecture, branding, software, reports, and all content generated by Opulence, is and remains the sole and exclusive intellectual property of Opulence Lifestyle Management, Inc. Monthly reports generated by the Portal are proprietary Opulence work product. Client is granted a limited license to use such reports internally in connection with this Agreement. No other rights are granted.
14. Dispute Resolution
14.1. Any disputes arising out of or relating to this Agreement shall first be addressed through good faith negotiations between senior executives of both parties.
14.2. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association.
14.3. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court to protect its intellectual property, confidentiality, or payment rights.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
16. Entire Agreement
This Agreement, together with any applicable SOWs, constitutes the entire agreement between the parties with respect to Opulence Teams and supersedes all prior discussions, proposals, or agreements.
ACKNOWLEDGMENT
By proceeding with your Opulence Teams membership, you acknowledge that you have read, understood, and agreed to this Terms of Service, including all provisions governing the Partner Portal set forth herein.
For questions regarding this Agreement, contact:
Cooper Bower, President & Co-Founder
Opulence Lifestyle Management, Inc.
cooper@joinopulence.com