Terms and Conditions – Xtalks Life Science Podcast (Breakthrough Episode)
1. Ordering, Fees and Taxes
Fees are due at purchase or upon invoicing. 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 producing and distributing one dedicated Breakthrough podcast episode on the Xtalks Life Science Podcast. One purchase corresponds to one featured episode deliverable. The episode will be produced by Xtalks and distributed across the Xtalks website, newsletter, social media channels and major podcast platforms.
3. Delivery and Turnaround
Xtalks will coordinate with the client to schedule, record and produce the Breakthrough episode. Delivery timelines depend on scheduling, recording and approval processes. The final edited episode will be delivered within a mutually agreed timeframe following recording. Expedited production or extended customization may be available for an additional fee.
4. Customer Responsibilities
You are responsible for providing approved speakers, branding guidelines, talking points or other reference materials needed to produce the episode. You represent and warrant that you have all rights, permissions and consents for speakers, logos, and content included in the episode. You will not submit or request inclusion of unlawful, infringing, or sensitive personal data unless a separate written agreement covers such use.
5. Acceptable Use and Prohibited Content
You agree not to request 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 edit content that violates these Terms.
6. Rights in Deliverables and Background IP
As between you and Xtalks, you own the final Breakthrough podcast episode delivered to you. Xtalks retains all rights in its production methods, editing processes, templates, know-how, and distribution channels. Editable raw recordings, transcripts, or background production materials are not included.
7. Limited License to Customer Content
You grant Xtalks a non-exclusive, worldwide, royalty-free license to use, record, edit, process and distribute the materials you provide solely to create, deliver, support, and archive the podcast episode under these Terms. Xtalks will not use your content to train models, generate unrelated content, or for any purpose beyond fulfilling this service without your written permission.
8. Review Window and Revisions
You will be provided with an opportunity to review the draft episode (or transcript where applicable) before finalization. One round of reasonable edits is included (e.g., removing sensitive references, clarifying key points, or adjusting brand mention phrasing). Additional revisions beyond one round are out of scope unless negotiated as an additional service.
9. Accuracy of Source Content
Xtalks produces the podcast episode based on the speakers, talking points and materials you provide. You are solely responsible for the accuracy and legality of all claims or information included in the episode. Xtalks does not independently verify accuracy and is not liable for errors arising from client-provided materials.
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 episode within 30 days, except where retention is required by law or to resolve a dispute. Final podcast episodes 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
While podcast episodes can support awareness, visibility, thought leadership and lead generation, Xtalks does not guarantee any specific results such as listener numbers, audience engagement levels, lead volume, conversion rates, or business outcomes from participation in the podcast.
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.