1. Ordering, Fees and Taxes
Fees are due at purchase. All fees are non-refundable except where required by law. Prices exclude applicable taxes, which will be added where required.
2. Scope of Service
The service consists of creating a custom infographic that visually represents data and insights from one webinar, presentation, or similar content source provided by you. One purchase corresponds to one infographic deliverable, designed in accordance with the specifications outlined on the Webinar Infographics product page. Standard delivery includes one finalized infographic as a PDF.
3. Delivery and Turnaround
Standard delivery is within 10 business days of Xtalks receiving the source content and necessary materials. Expedited delivery, additional design variations, or extended formatting may be available for an additional fee.
4. Customer Responsibilities
You are responsible for providing access to the webinar content, slides, data, or other materials required to create the infographic. You represent and warrant that you have all rights, permissions, and consents needed for Xtalks to use the content. You will not submit content that is unlawful, infringing, or that contains protected health information or other sensitive personal data unless the parties have executed a separate written data processing agreement or business associate agreement.
5. Acceptable Use and Prohibited Content
You agree not to submit content that is illegal, defamatory, harassing, or otherwise objectionable. You agree not to submit sensitive personal data or protected health information. Xtalks may refuse or remove content that violates these Terms.
6. Rights in Deliverables and Background IP
As between you and Xtalks, you own the final infographic delivered to you. Xtalks retains all rights in its design methods, templates, tools, workflows, and know-how used to provide the service. Editable design files (e.g., Adobe Illustrator, Photoshop) are not included unless separately agreed in writing.
7. Limited License to Customer Content
You grant Xtalks a non-exclusive, worldwide, royalty-free license to use, copy, edit, design, process, and store the source materials you provide solely to create, deliver, support, and archive the infographic under these Terms. Xtalks will not use your content to train models, generate content, or for any unrelated purposes without your written permission.
8. Review Window and Revisions
Please review the infographic upon delivery. Material concerns or factual corrections must be raised within five business days so that Xtalks can address them. Two rounds of revisions are included in the service. These may include minor edits (e.g., text adjustments, color changes, small layout tweaks) or major edits (e.g., restructuring sections, emphasizing different data points). Additional revisions beyond two rounds are out of scope unless negotiated as an additional service.
9. Accuracy of Source Content
Xtalks designs infographics based on the materials you provide. You are solely responsible for the accuracy and legality of any data, claims, or information contained in your content. Xtalks does not independently verify the accuracy of customer-provided materials and is not liable for errors arising from them.
10. Confidentiality
Each party will keep the other party’s non-public information confidential and will use it only to perform under these Terms, except as required by law.
11. Deletion and Retention
Upon written request, Xtalks will delete customer-provided materials and working copies of the infographic within 30 days, except where retention is required by law or to resolve a dispute. Final deliverables may be archived for quality and audit purposes for up to 12 months.
12. Limitation of Liability
To the maximum extent permitted by law, Xtalks will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues.
13. Indemnification for Customer Content
You will defend and indemnify Xtalks from claims, damages, liabilities, costs, and expenses arising from the materials you provide, including claims that the content infringes third-party rights or violates privacy or data protection laws.
14. Disclaimer on Results
Infographics are designed to support communication, engagement, and marketing. However, Xtalks does not guarantee any specific outcomes such as audience engagement levels, lead generation, conversion rates, or brand awareness metrics resulting from the use of the infographic.
15. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, acts of government, labor disputes, utility failures, or internet outages. The affected party will use commercially reasonable efforts to mitigate the impact.
16. Governing Law and Venue
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
17. Privacy Policy
Your use of the service is also governed by the Xtalks Privacy Policy, which explains how we collect, use, and protect personal information. By purchasing and using the service, you acknowledge and agree to the Privacy Policy.
18. General Terms
These Terms, together with any order confirmation or invoice, contain the entire agreement between the parties for the service and supersede any prior agreements on this subject.
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