Terms of Service for Ximfyl
Effective Date: October 15, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of the website located at ximfyl.pro and any related products, services, content, deliverables, communications, and features provided by Ximfyl (collectively, the “Services”).
Ximfyl, having its principal business address at Suite 406, 2501 Kingsway, Vancouver, BC V5R 5H3, Canada, provides audiovisual post-production services. By accessing, browsing, requesting, purchasing, or otherwise using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you must not use the Services.
If you use the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to “you” include both you and that entity.
2. Scope of Services
Ximfyl provides audiovisual post-production services, which may include, without limitation:
- video editing and assembly;
- audio editing, cleaning, mixing, and mastering;
- color correction and grading;
- motion graphics and visual effects;
- format conversion and versioning;
- subtitling, captions, and localization support;
- delivery preparation for digital, broadcast, or platform-specific requirements;
- consultation, project coordination, and related support services.
The exact scope, specifications, milestones, timelines, and deliverables for each engagement may be set out in a proposal, statement of work, quotation, purchase order, or written agreement between you and Ximfyl. In the event of any conflict, the signed or otherwise agreed project-specific documentation will control to the extent of the conflict.
Ximfyl may refuse, suspend, or terminate any project or service request if it reasonably believes the requested work is unlawful, defamatory, infringing, obscene, misleading, technically infeasible, or otherwise inappropriate.
3. User Obligations and Responsibilities
You agree to provide accurate, current, and complete information when communicating with or engaging Ximfyl. You are solely responsible for the materials you provide, including source files, scripts, footage, audio, images, music, logos, trademarks, and any other content used in connection with the Services.
You represent and warrant that:
- you have all necessary rights, licenses, permissions, and consents to provide the materials to Ximfyl and to authorize the use of those materials for the Services;
- the materials do not infringe or violate any third-party rights, including copyright, trademark, moral rights, privacy rights, or publicity rights;
- the materials do not contain unlawful, harmful, or malicious content, including malware or code intended to disrupt systems;
- you will comply with all applicable laws, industry rules, and platform requirements relating to your use of the Services and the final deliverables.
You are responsible for reviewing deliverables promptly and providing feedback, approvals, and revision requests within the timelines agreed between the parties. Unless otherwise agreed in writing, delays in your responses may extend project timelines.
You must not misuse the Services, attempt to gain unauthorized access to systems or accounts, interfere with security features, or use the Services in a manner that could damage, disable, or impair the operation of Ximfyl or its contractors, systems, or suppliers.
4. Payment Terms and Conditions
Fees for the Services will be as set out in the applicable proposal, quotation, invoice, or written agreement. Unless otherwise stated, all fees are quoted in Canadian dollars (CAD) and are exclusive of applicable taxes, including GST/HST, PST, or other taxes as required by law.
Unless otherwise agreed in writing, invoices are due upon receipt and must be paid within the period stated on the invoice. Ximfyl may require an upfront deposit, milestone payments, or full prepayment before commencing work.
Unless expressly included in the agreed fee, the following may be billed separately:
- rush or expedited turnaround;
- additional revisions beyond the agreed number of revision rounds;
- out-of-scope work or scope changes;
- third-party costs, software, media licenses, stock assets, transcription, translation, or subcontractor fees;
- bank charges, payment processor fees, chargeback fees, or foreign exchange costs;
- travel, special equipment, or other project-specific expenses approved by you or reasonably required for the Services.
Late payments may result in interest at the maximum lawful rate permitted under applicable law, or if no such rate is specified, a reasonable administrative late fee to the extent permitted by law. Ximfyl may suspend work, withhold delivery, or terminate the Services if payment is overdue.
You may not withhold payment, set off amounts, or deduct charges unless required by law or expressly agreed in writing by Ximfyl.
5. Cancellation and Refund Policy
Because audiovisual post-production work often involves significant time, labor, planning, and allocation of resources, cancellations and refunds are handled as follows unless a project-specific agreement states otherwise:
- Before work begins: If you cancel before Ximfyl has started work, any refundable portion of prepayments may be returned less non-recoverable costs already incurred and any applicable administrative fees.
- After work begins: If you cancel after work has commenced, you remain responsible for payment for work performed, time spent, and expenses incurred up to the cancellation date, including work in progress.
- Milestone projects: For projects billed by milestone, each completed milestone is non-refundable once the milestone work has been performed or delivered.
- Custom or made-to-order services: Custom production and post-production services are generally non-refundable once begun, except where required by applicable law or expressly stated otherwise in writing by Ximfyl.
Ximfyl may cancel or suspend services if you materially breach these Terms, fail to provide necessary materials or approvals, engage in unlawful conduct, or fail to pay amounts due. In such cases, you remain liable for fees and expenses incurred up to the date of suspension or termination.
Any refund, if granted, will be processed using the original payment method where practicable. Refunds do not apply to completed work already delivered, approved, or accepted.
6. Liability Limitations
To the maximum extent permitted by applicable Canadian law, Ximfyl and its directors, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business opportunities, reputational harm, data loss, or interruption of business, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the total aggregate liability of Ximfyl for any claim arising from or relating to the Services or these Terms shall not exceed the amount actually paid by you to Ximfyl for the specific Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to liability, or CAD $1,000, whichever is greater, unless a different amount is required by law or expressly agreed in writing.
Ximfyl does not guarantee that the Services will be uninterrupted, error-free, or that deliverables will be compatible with every device, software environment, platform, broadcaster, or distribution channel. You are responsible for final review, testing, and approvals before publication or distribution.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or any other liability that cannot be excluded under Canadian law.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all pre-existing materials, tools, workflows, templates, methodologies, software, code, know-how, techniques, and other intellectual property owned or licensed by Ximfyl remain the property of Ximfyl or its licensors.
Upon full payment of all applicable fees, and subject to any third-party rights and any express written agreement to the contrary, Ximfyl assigns to you the rights in the specific final deliverables created exclusively for you to the extent necessary for the intended use described in the applicable project agreement. This assignment does not include any underlying tools, project files, source files, unedited raw assets, or pre-existing materials unless expressly agreed in writing.
If the project uses third-party content, stock footage, fonts, music, plugins, or licensed assets, your rights may be subject to the applicable third-party license terms. You are responsible for reviewing and complying with those terms where applicable.
Unless you notify Ximfyl otherwise in writing, you grant Ximfyl a limited, non-exclusive, royalty-free license to use your materials solely for the purpose of performing the Services, maintaining records, and showcasing completed work in portfolios, reels, case studies, or promotional materials, provided that no confidential information is disclosed and any such use complies with applicable law and any agreed confidentiality obligations.
8. Data Protection and Privacy
Ximfyl is committed to protecting personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial privacy laws. By using the Services, you acknowledge that Ximfyl may collect, use, disclose, store, and process personal information as necessary to provide the Services, communicate with you, manage accounts, process payments, and comply with legal obligations.
The types of information collected may include contact details, billing details, project-related information, communications, and technical data associated with the operation of the website or service delivery. Ximfyl may use service providers, hosting providers, payment processors, cloud tools, and subcontractors to support service delivery, subject to appropriate confidentiality and security safeguards.
You are responsible for obtaining all necessary consents from individuals whose personal information or likeness you provide to Ximfyl for processing in connection with the Services, including contributors, employees, talent, or other third parties appearing in audiovisual materials.
Ximfyl will take reasonable administrative, technical, and physical safeguards designed to protect personal information, but no system is completely secure. To the extent permitted by law, Ximfyl is not liable for unauthorized access or disclosure caused by events beyond its reasonable control or by misuse of the Services by you or third parties.
9. Force Majeure
Ximfyl shall not be liable for any delay, failure, or interruption in performing the Services to the extent caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, severe weather, pandemic, epidemic, public health emergency, war, terrorism, labor disputes, power outages, equipment failure, cyberattacks, internet or telecommunications failures, governmental actions, or failures of third-party suppliers or platforms.
During a force majeure event, Ximfyl may suspend performance without liability for the duration of the event and for a reasonable period thereafter to resume operations. If the event continues for an extended period, either party may terminate the affected project upon written notice, subject to payment for work completed and costs incurred up to termination.
10. Changes to Terms
Ximfyl may update or modify these Terms from time to time to reflect changes in business practices, legal requirements, or operational needs. The updated Terms will be posted on ximfyl.pro with a revised effective date.
Continued access to or use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to them, the Services, or any related transaction 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 law principles.
Subject to any mandatory legal requirements, the parties irrevocably submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada for the resolution of any dispute arising from or related to these Terms or the Services.
Nothing in this section prevents Ximfyl from seeking injunctive relief, equitable relief, or enforcement of intellectual property or confidentiality rights in any court of competent jurisdiction.
12. Contact Information
If you have any questions about these Terms or wish to contact Ximfyl, please use the following contact information:
- Company: Ximfyl
- Address: Suite 406, 2501 Kingsway, Vancouver, BC V5R 5H3, Canada
- Email: [email protected]
- Phone: +1 (604) 687-9241
- Website: ximfyl.pro
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, unenforceable, or contrary to applicable law by a court of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.
The failure of Ximfyl to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Ximfyl to be effective.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.