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. Cancellations and Refunds
      Cancellations must be requested in writing before work begins. Once production has started, refunds are not available. In the event of client withdrawal after production has commenced, fees paid are non-refundable. Xtalks retains sole discretion to consider exceptions, but the default position is that fees are forfeited once work is underway.
    3. Scope of Service
      The service consists of producing a professionally edited transcript from your webinar, audio, or video recording. One purchase corresponds to one source recording up to 75 minutes. Standard formatting as provided on the Transcript product page is included. Delivery will be in a standard electronic file format PDF or Word.
    4. Delivery and Turnaround
      Standard delivery is within 2 business days from when Xtalks receives the recording of the webinar or from when Xtalks hosted the webinar. Expedited delivery, extended formatting, or additional edits may be available for an additional fee.
    5. Customer Responsibilities
      You are responsible for providing access to the source recording and any necessary reference materials, unless your webinar is produced via Xtalks. You represent and warrant that you have all rights, permissions, and consents needed for Xtalks to use the content in order to create and deliver the transcript. You will not submit content that is unlawful or that infringes third-party rights. Do not submit protected health information or other sensitive personal data unless the parties have executed a separate written data processing agreement or business associate agreement.
    6. 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.
    7. Rights in Deliverables and Background IP
      As between you and Xtalks, you own the transcript delivered to you. Xtalks retains all rights in its methods, templates, tools, workflows, and know-how used to provide the service.
    8. Limited License to Customer Content
      You grant Xtalks a non-exclusive, worldwide, royalty-free license to use, copy, transcribe, edit, process, and store the source recording and materials you provide solely to create, deliver, support, and archive the transcript under these Terms. Xtalks will not use your content to train models, generate content, or for any other unrelated purposes without your written permission.
    9. Review Window and Corrections
      Please review the transcript upon delivery. Material concerns must be raised within five business days so that Xtalks can address them. Style or preference edits are out of scope unless negotiated as an additional service.
    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 recordings and working copies of the transcript 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. Disclaimer on Results
      While transcripts are prepared with professional care, Xtalks does not guarantee that the transcript will be error-free or meet any specific outcomes such as regulatory acceptance, audience engagement, or commercial success. The client is responsible for verifying accuracy and ensuring suitability for their intended use.
    13. 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.
    14. Indemnification for Customer Content
      You will defend and indemnify Xtalks from claims, damages, liabilities, costs, and expenses arising from the source content you provide, including claims that the content infringes third-party rights or violates privacy or data protection laws.
    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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