Terms of Service

TERMS OF SERVICE

Last Updated: September 6, 2026

These Terms of Service (“Terms”) govern your use of xyjax.com and your general interactions with Xyjax Digital Media.

Xyjax Digital Media is a sole proprietorship based in Edmonton, Alberta, Canada.

By using this website, contacting Xyjax Digital Media regarding services, or otherwise interacting with Xyjax Digital Media, you agree to these Terms where applicable.

  1. SERVICES

Xyjax Digital Media provides professional services that may include:

  • Business strategy and growth services
  • Project and business support
  • Web and software development
  • Technical consulting and implementation
  • Other related professional services agreed upon with a client

Services may be provided to businesses or individuals worldwide, subject to availability, applicable law and the nature of the requested work.

Information on this website describes services generally and does not constitute a binding offer to perform any particular service.

Xyjax Digital Media reserves the right to accept or decline projects and inquiries at its discretion, subject to applicable law.

  1. CLIENT AGREEMENTS AND PROJECT TERMS

Paid services will normally be governed by a separate written agreement, proposal, statement of work, estimate, invoice, purchase order or other written documentation (“Client Agreement”) establishing the terms applicable to a particular engagement.

A Client Agreement may address matters including:

  • Scope of work and deliverables
  • Project schedules and milestones
  • Client responsibilities
  • Fees and payment schedules
  • Deposits
  • Revisions and change requests
  • Cancellations and refunds
  • Intellectual property
  • Confidentiality
  • Acceptance of deliverables
  • Ongoing maintenance or support
  • Other project-specific requirements

If a Client Agreement conflicts with these Terms regarding a paid engagement, the Client Agreement will control to the extent of that conflict.

Nothing on this website creates a client relationship merely because you visit the website, contact Xyjax Digital Media or request information.

  1. PRICING AND PAYMENT

Unless otherwise stated, services are priced according to the requirements of the individual project or engagement.

Prices displayed or discussed before a project scope is established may be estimates only.

The applicable price, currency, payment method, deposit requirements and payment schedule will be identified in the relevant Client Agreement or invoice.

Xyjax Digital Media may use third-party payment processors or other payment methods to receive payment.

Clients are responsible for providing accurate billing information and paying applicable amounts according to the agreed payment terms.

  1. CANCELLATIONS AND REFUNDS

Cancellation, refund, rescheduling and deposit terms may vary depending on the nature of the service or project.

Applicable terms will be established in the relevant Client Agreement, booking terms or other written agreement.

Unless otherwise agreed in writing, nothing in these Terms creates a general entitlement to a refund for professional services already performed.

Any rights that cannot legally be excluded under applicable consumer protection law remain unaffected.

  1. CLIENT RESPONSIBILITIES

Clients are responsible for providing information, materials, access, approvals, feedback and other resources reasonably required to complete agreed work.

Clients are responsible for ensuring that materials they provide to Xyjax Digital Media may lawfully be used for the project.

Clients should provide accurate and timely information. Delays in providing required materials, access, decisions or approvals may affect project schedules and deliverables.

  1. INTELLECTUAL PROPERTY AND CLIENT WORK

Unless otherwise specified in a Client Agreement, and subject to full payment of all amounts owing for the applicable work, ownership of custom final deliverables created specifically for a client will transfer to the client.

Xyjax Digital Media retains ownership of its pre-existing and independently developed materials, including tools, software, code, libraries, templates, methodologies, processes, systems, techniques, know-how and reusable components.

Where Xyjax Digital Media materials are incorporated into a client deliverable, the client will receive the rights reasonably necessary to use the completed deliverable for its intended purpose, unless otherwise stated in the Client Agreement.

Projects may also incorporate open-source software, third-party software, fonts, images, plugins, libraries, platforms, services or other materials subject to their own licences and terms. Ownership of those materials does not transfer to the client, and their use remains subject to the applicable third-party terms.

More specific intellectual property arrangements may be established in a Client Agreement.

  1. PORTFOLIO AND PROMOTIONAL USE

Unless otherwise agreed in writing, Xyjax Digital Media may identify completed client work in its portfolio and promotional materials, including reasonable use of the client’s name, logo, project description, publicly available materials and images or screenshots of completed work.

Xyjax Digital Media will respect contractual confidentiality obligations and any written agreement restricting portfolio or promotional use.

Clients who require a project or relationship to remain confidential should address those requirements in the applicable Client Agreement.

  1. WEBSITE CONTENT AND INTELLECTUAL PROPERTY

Unless otherwise indicated, the content of xyjax.com, including its text, branding, graphics, original images, design elements and other original materials, belongs to Xyjax Digital Media or is used under appropriate permission or licence.

You may view, link to and share links to publicly available pages for lawful purposes.

You may not, without permission:

  • Reproduce or republish substantial portions of our original content
  • Present Xyjax Digital Media content as your own
  • Copy or redistribute proprietary materials for commercial purposes
  • Use Xyjax Digital Media branding in a way that suggests an unauthorized affiliation or endorsement
  • Attempt to obtain or use non-public proprietary materials without authorization

Nothing in these Terms restricts rights provided by applicable copyright law, including applicable exceptions and limitations.

  1. BUSINESS AND PROFESSIONAL INFORMATION

Xyjax Digital Media may provide business strategy, marketing, project management, operational and related guidance based on professional experience, research and information available at the time.

Business outcomes depend on many factors outside our control.

Xyjax Digital Media does not guarantee specific:

  • Revenue or profit
  • Sales
  • Leads or conversions
  • Search engine rankings
  • Audience growth
  • Business growth
  • Funding
  • Project outcomes
  • Other commercial results

Unless specifically agreed as part of an appropriately qualified professional engagement, information provided by Xyjax Digital Media is not legal, tax, accounting, financial or investment advice.

Clients remain responsible for their own business decisions and for obtaining specialized professional advice where appropriate.

  1. WEBSITES, SOFTWARE AND TECHNICAL SERVICES

Technology is affected by operating environments, third-party systems, security developments, software updates and other factors outside the control of Xyjax Digital Media.

Unless specifically agreed otherwise in a Client Agreement, Xyjax Digital Media does not guarantee that websites, software or other technical deliverables will:

  • Operate without interruption or error indefinitely
  • Be compatible with every device, browser, platform or future software version
  • Remain compatible with third-party services after those services change
  • Be completely free from security vulnerabilities
  • Continue functioning without appropriate maintenance

Any specific warranty, maintenance, hosting, service-level or ongoing support obligations will be established in the applicable Client Agreement.

  1. THIRD-PARTY SERVICES

Xyjax Digital Media may recommend, integrate with or link to third-party websites, software, hosting services, plugins, platforms, payment processors or other services.

Third-party services are governed by their own terms, licences, pricing and privacy practices.

Unless specifically agreed otherwise in writing, Xyjax Digital Media is not responsible for changes, outages, discontinuation, pricing changes, security incidents or other actions of third-party providers.

  1. ACCEPTABLE USE

You may not use xyjax.com or Xyjax Digital Media’s services to:

  • Violate applicable law
  • Infringe another person’s intellectual property or other legal rights
  • Transmit malicious software or harmful code
  • Attempt unauthorized access to systems, accounts or information
  • Interfere with the operation or security of the website
  • Impersonate another person or organization
  • Provide materials that you do not have the right to use
  • Use our services for fraudulent, deceptive or unlawful purposes

Xyjax Digital Media may decline or discontinue work involving unlawful or prohibited activities.

  1. ELIGIBILITY TO ENTER AGREEMENTS

Individuals entering into agreements with Xyjax Digital Media must be legally capable of entering into the applicable agreement.

If you act on behalf of a business, organization or other entity, you represent that you have the authority necessary to act on its behalf in connection with the relevant transaction or agreement.

  1. WEBSITE AVAILABILITY AND ACCURACY

Xyjax Digital Media makes reasonable efforts to keep xyjax.com useful and accurate, but website content may occasionally contain errors, omissions or outdated information.

We may update, modify, remove or discontinue website content or features without notice.

We do not guarantee that xyjax.com will always be available, uninterrupted or error-free.

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Xyjax Digital Media will not be liable for indirect, incidental, special, consequential or punitive damages arising solely from use of, or inability to use, this website.

Liability relating to paid professional services may be subject to additional limitations established in the applicable Client Agreement.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

  1. PRIVACY

Personal information is handled in accordance with the Xyjax Digital Media Privacy Policy and applicable privacy law.

Our Privacy Policy explains how we collect, use, disclose and protect personal information and how you may contact us about privacy matters.

  1. THIRD-PARTY LINKS

Xyjax.com may contain links to websites or resources operated by third parties.

Links are provided for convenience or informational purposes and do not necessarily constitute an endorsement.

Xyjax Digital Media is not responsible for the content, availability, security or practices of third-party websites that we do not control.

  1. GOVERNING LAW

These Terms are governed by the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to any rights or jurisdiction that cannot lawfully be excluded, disputes relating to these Terms will be subject to the jurisdiction of the courts of Alberta, Canada.

  1. CHANGES TO THESE TERMS

Xyjax Digital Media may update these Terms as our website, services or business practices change.

The current version will be published on xyjax.com with the date of the most recent update.

Changes will apply prospectively from the effective date of the updated Terms unless otherwise required by law or agreed in writing.

  1. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where possible.

The remaining provisions will continue in effect.

  1. CONTACT

Questions about these Terms or Xyjax Digital Media’s services may be directed to:

Xyjax Digital Media
Edmonton, Alberta, Canada
Email: meg@xyjax.com
Telephone: 780-436-3351