Terms of Service for xirtyl

Effective Date: October 20, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the website, services, software, platforms, facilities, equipment, and related content provided by xirtyl (“xirtyl,” “we,” “us,” or “our”), an advanced video production and streaming studio operating from 1200 West Georgia Street, Suite 800, Vancouver, BC V6E 4R2, Canada.

By accessing or using xirtyl.click or by engaging xirtyl for any production, streaming, consulting, post-production, or related services (collectively, the “Services”), you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Services.

You represent that you have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Scope of Services

xirtyl provides advanced video production and streaming studio services, which may include, without limitation:

  • Pre-production planning, creative development, scripting, storyboarding, and project coordination;
  • Studio and on-location video production;
  • Live streaming and webcast production;
  • Audio, lighting, camera operation, switching, encoding, and technical direction;
  • Editing, motion graphics, color correction, sound mixing, and post-production;
  • Content delivery, file transfer, and platform support;
  • Consulting related to video, streaming, and multimedia production workflows;
  • Rental or provision of production-related equipment, where agreed in writing.

Specific deliverables, timelines, specifications, and fees may be set out in a statement of work, proposal, invoice, booking confirmation, service order, or other written agreement. In the event of a conflict between those documents and these Terms, the written agreement will control to the extent of the conflict.

xirtyl may modify, suspend, or discontinue any part of the Services at any time, subject to any express written commitments made to you.

3. User Obligations and Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all activity conducted under your account or in connection with your booking or project.

You must not:

  • Violate any applicable federal, provincial, territorial, municipal, or international law or regulation, including Canadian intellectual property, privacy, anti-spam, consumer protection, and competition laws;
  • Infringe the rights of any third party, including copyright, trademark, moral rights, privacy rights, publicity rights, or contractual rights;
  • Provide unlawful, defamatory, misleading, obscene, hateful, harassing, or otherwise objectionable content;
  • Interfere with, damage, overburden, or disrupt the Services, equipment, networks, or security systems;
  • Attempt to gain unauthorized access to systems, data, files, accounts, or premises of xirtyl;
  • Introduce malware, viruses, or harmful code;
  • Record, capture, rebroadcast, or distribute any production or stream without the necessary permissions and legal rights;
  • Use the Services in a manner that violates any platform terms if content is distributed through third-party platforms.

You are solely responsible for obtaining all permissions, releases, licenses, and consents required for any materials you provide or request xirtyl to use, including music, likenesses, trademarks, logos, scripts, images, footage, and location permissions, unless otherwise expressly agreed in writing.

You further represent that any content you supply does not violate privacy or publicity rights and that you have the right to authorize its use in connection with the Services.

4. Payment Terms and Conditions

Fees for Services will be set out in the applicable proposal, quote, booking confirmation, or invoice. Unless otherwise stated in writing, all fees are quoted in Canadian dollars (CAD).

Unless otherwise agreed:

  • A deposit or retainer may be required to confirm a booking or begin work;
  • Invoices are due upon receipt or within the period specified on the invoice;
  • Late payments may result in suspension of Services, delayed delivery, or cancellation of bookings;
  • Amounts overdue may accrue interest at the maximum rate permitted by applicable law, or if no maximum is specified, at a reasonable commercial rate stated on the invoice or agreement;
  • You are responsible for all applicable taxes, including GST/HST, PST, or other taxes as required by law, unless stated otherwise.

Any estimate provided by xirtyl is based on the information available at the time and may change if project scope, technical requirements, timelines, third-party costs, or client requests change. Additional work beyond the agreed scope may be billed separately.

Where third-party costs are incurred on your behalf, including licensing, venue, travel, equipment rental, talent, music, stock assets, or platform fees, you agree to reimburse those costs unless expressly included in the agreed fee.

5. Cancellation and Refund Policy

Cancellations must be communicated in writing to xirtyl. The applicable cancellation terms may vary based on the type of Service, project stage, staffing commitments, or equipment reserved.

Unless otherwise stated in a written agreement:

  • Deposits and retainers are non-refundable to the extent permitted by law, as they secure time, planning, and reservation of resources;
  • If you cancel after work has begun, you remain responsible for all work performed, expenses incurred, and non-cancellable third-party costs;
  • Cancellation fees may apply for studio bookings, crew reservations, live-streaming events, or equipment allocations cancelled on short notice;
  • No refund will be provided for completed Services, delivered files, or approved work, except where required by applicable law or expressly agreed in writing.

If xirtyl must cancel or reschedule due to circumstances within its control, xirtyl will use commercially reasonable efforts to offer a new date, credit, or refund of amounts paid for the undelivered portion of the Services, as appropriate.

Nothing in this section limits any non-waivable rights you may have under applicable Canadian law.

6. Liability Limitations

To the maximum extent permitted by applicable law, xirtyl, its directors, officers, employees, contractors, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption, reputational harm, or loss of opportunity, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, xirtyl’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the amount actually paid by you to xirtyl for the specific Service giving rise to the claim during the three (3) months preceding the event giving rise to liability, or CAD $500, whichever is greater, except where prohibited by law.

xirtyl is not responsible for failures or delays caused by third parties, internet or platform outages, force majeure events, inaccurate information provided by you, unauthorized access by third parties, or your misuse of the Services.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, or any non-excludable statutory obligation.

7. Intellectual Property Rights

All rights, title, and interest in and to the xirtyl website, studio branding, methodologies, templates, workflows, software, designs, graphics, know-how, and pre-existing materials remain the exclusive property of xirtyl or its licensors, unless otherwise expressly agreed in writing.

Subject to full payment of all applicable fees and unless otherwise stated in a written agreement, xirtyl grants you a limited, non-exclusive, non-transferable, revocable license to use the final deliverables created specifically for you for the purposes specified in the agreement.

Unless expressly transferred in writing:

  • xirtyl retains ownership of raw footage, project files, edit timelines, source files, templates, and production tools;
  • xirtyl may retain archival copies of project materials for operational, legal, compliance, and backup purposes;
  • You may not reproduce, modify, distribute, sublicense, or create derivative works from xirtyl-owned materials except as permitted in writing.

You grant xirtyl a non-exclusive license to use, reproduce, edit, and process any materials you provide solely as necessary to perform the Services.

Unless prohibited by a written confidentiality agreement or applicable law, xirtyl may display final deliverables or excerpts thereof in its portfolio, demo reels, website, social media, and marketing materials for self-promotional purposes, provided such use does not unlawfully disclose confidential information or personal information.

8. Data Protection and Privacy

xirtyl is committed to handling personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation.

In connection with the Services, xirtyl may collect, use, disclose, and store personal information such as names, contact details, billing information, project communications, technical logs, and audiovisual content necessary to deliver the Services, administer accounts, process payments, provide support, and comply with legal obligations.

You acknowledge and consent that audiovisual recordings may capture your likeness, voice, image, or other personal information during studio sessions, live streams, or production activities. Where required, you are responsible for obtaining consents from your personnel, guests, talent, or attendees, unless xirtyl expressly agrees otherwise in writing.

xirtyl may use service providers and technology vendors located in Canada or other jurisdictions to support operations, storage, analytics, communications, or content delivery. By using the Services, you acknowledge that your information may be processed outside your province or outside Canada, subject to applicable legal protections and contractual safeguards where required.

For questions regarding privacy practices, you may contact xirtyl using the details in Section 12.

9. Force Majeure

xirtyl shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, severe weather, power failure, labour disputes, illness, pandemic, government action, war, terrorism, civil unrest, cyberattacks, internet outages, supplier failures, equipment malfunction, transportation disruptions, or other similar events.

In the event of a force majeure occurrence, xirtyl may suspend Services, reschedule performance, or make reasonable substitutions as needed. If the event materially affects performance for an extended period, either party may terminate the affected portion of the Services by written notice, subject to payment for work performed and non-cancellable costs incurred up to the date of termination.

10. Changes to Terms

xirtyl may revise these Terms from time to time to reflect operational changes, legal requirements, or service updates. Updated Terms will be posted on xirtyl.click with the revised effective date.

Your continued access to or use of the Services after the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.

Any changes will not retroactively alter rights and obligations arising before the effective date of the updated Terms, unless required by law or expressly agreed in writing.

11. Applicable Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

You agree that the courts located in Vancouver, British Columbia shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms, subject to any mandatory consumer protection or other non-waivable rights under applicable law.

If you are a consumer residing in Canada, nothing in these Terms is intended to deprive you of any rights granted to you under applicable consumer protection legislation that cannot lawfully be waived.

12. Contact Information

If you have questions about these Terms, your project, billing, privacy, or any other matter, please contact xirtyl at:

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

If a provision is unenforceable but would be enforceable if modified, the provision shall be enforced to the greatest extent permitted by law in a manner that best reflects the original intent of the parties.

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Service for xirtyl.

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