1. OVERVIEW

These Terms of Use form a legally binding contract between EZ EDITS LTD. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at https://www.ezedits.ca/ or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website, including any subscription services.

A 'Subscription' refers to a service or product that is billed on a recurring basis, at a frequency set out at the time of your subscription. Unless otherwise stated in your initial quote drafted by your Account Executive, subscriptions are auto-billed, meaning the payment will be automatically taken from your designated account. Manual invoicing for subscriptions is not standard practice unless explicitly stated in your initial quote.

It is very important that you read and fully understand these Terms of Use, including the definition and terms of a 'Subscription', before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website, including any subscription services.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

2. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website:

At EZ Edits Ltd. ("we", "us", "our"), we offer a comprehensive suite of digital subscription-based post-production solutions tailored to meet the needs of content creators, businesses, and other entities ("Clients").

Our core service revolves around video editing. We are adept at handling both long and short-form content, transforming raw footage into polished videos ready for redistribution across various channels. These include but are not limited to social media platforms, websites, and TV broadcasts.

In addition to video editing, we offer thumbnail creation services. Recognizing the importance of first impressions, we ensure that your content stands out and captures the attention of your audience right from the start with eye-catching and engaging thumbnails.

We also understand the significance of Search Engine Optimization (SEO) in the digital sphere. To amplify the reach of the videos we create, we offer SEO services. This encompasses crafting optimized titles, descriptions, and tags, designed to increase visibility and improve search engine ranking.

Finally, for Clients seeking a more comprehensive solution, we extend our services to include the posting of finished videos on relevant platforms. This additional service aims to provide our Clients with a seamless, end-to-end post-production solution, allowing them to concentrate on their core creative processes.

The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

2.1 Service Limitations

Each service or subscription provided by EZ Edits Ltd. is limited to use with one specific channel, as identified by the client at the time of subscription or service commencement. If services are required for multiple channels, each channel will necessitate a separate subscription or service agreement. This policy is to ensure dedicated and quality service to each individual channel and to maintain operational clarity and efficiency.

Clients wishing to utilize our services for more than one channel must set up individual subscriptions for each additional channel. This requirement applies to all services offered, including but not limited to video editing, thumbnail creation, SEO, and video posting services.

2.2 Unlimited Service Nature and Familiarization Period

EZ Edits Ltd. operates on the principle of providing an unlimited service, meaning we are equipped to manage multiple projects consecutively to meet the diverse needs of our clients. However, to ensure a high standard of quality and to facilitate a smooth onboarding process, we initiate a "familiarization period" for the first five projects with each new client. During this period, we adopt a one-project-at-a-time approach, refraining from starting a subsequent project until the current one has been fully approved, and we limit the number of revisions to three per project to streamline the familiarization process.

This process is in place to establish a quality standard and ensure comprehensive familiarization with our systems and workflows. Beyond the initial five projects, our standard operating procedure involves managing several projects concurrently, leveraging our capacity to provide an unlimited service. Nonetheless, should it become evident that further familiarization with our workflows and services is beneficial, we may revert to the one-project-at-a-time model even after the initial five projects, at our discretion. This measure is intended to maintain the integrity of our service quality and client satisfaction.

3. OWNERSHIP OF YOUR FILES

3.1 Ownership, Limited Rights, and Default Publishing Rights: The customer retains ownership rights to any content they upload to the site and the finished product produced by EZ Edits Ltd. However, should the customer choose to exercise a refund option, EZ Edits Ltd. retains ownership of any stock elements used in the project. Upon submitting a task, the customer grants EZ Edits Ltd. the limited rights needed to utilize the customer's content to complete the task and to archive such content for record-keeping purposes. By default, the customer also grants EZ Edits Ltd. a non-exclusive right and license to display the finished work in its portfolio, website, social media, and other promotional materials. Additionally, this non-exclusive right extends to the use of the customer's raw footage for the purpose of screening and/or training potential candidates seeking career opportunities with EZ Edits Ltd., to showcase their skills. This right to use raw footage for training and screening is solely for internal company use and will not be publicly displayed. To expressly revoke these rights, the customer must do so in writing to EZ Edits Ltd.

3.2 Definitions

“Customer” means any individual, company, or organization that enters into a contractual agreement with EZ Edits Ltd. for the provision of services. This term is synonymous with "Client" or "Partner," and these terms may be used interchangeably.

"Content" refers to all forms of media, digital or otherwise, including but not limited to text, images, videos, audio files, and other digital assets that are provided to EZ Edits Ltd. for the specific purpose of project or work completion.

"Site" encompasses the official website of EZ Edits Ltd., its web dashboard, mobile application, and all other software or digital tools utilized by EZ Edits Ltd. for the purpose of project management and work completion.

"Stock Elements" refers to any assets, including but not limited to images, videos, audio files, or other media, that are licensed from a third party and used in the completion of a project or work by EZ Edits Ltd.

"Task" is understood to mean specific projects or assignments that are directly related to the services for which a Customer has entered into a contractual agreement with EZ Edits Ltd. The term "Task" is synonymous with "Project" and can be used interchangeably.

3.3 Disclaimer of Responsibility for Content: EZ Edits Ltd. is not responsible for any consequences that may arise from the content that we either directly or indirectly create nor for content that you indirectly or directly relate to. As the sole owner of the content you upload and the finished content produced by EZ Edits Ltd., you bear full responsibility for it.

3.3 Right to Refuse Service

3.3.1. Reserving the Right to Refuse Service

At EZ Edits Ltd., we are dedicated to maintaining a professional, respectful, and safe environment for our team, our clients, and the audiences they serve. We reserve the unequivocal right to refuse service for any project or task that we deem to be harmful, hateful, potentially triggering, promoting hate, or otherwise objectionable for any reason. This judgment is at the sole discretion of EZ Edits Ltd. and is guided by our company values, ethical standards, and commitment to a safe viewing experience for all audiences, including children.

3.3.2. Scope of Refusal

This refusal may apply to (but is not limited to) projects involving content that:

- Encourages, depicts, or promotes violence, hate speech, or discrimination.

- Contains harmful or triggering material without a constructive or educational context.

- Is deemed unsafe or potentially harmful for children to watch, or showcases a bad influence to children.

- Is in violation of any applicable laws or regulations.

- Contravenes our company's policies on decency, respect, integrity, and audience safety.

3.3.3. Disclosure of Reasoning

While we strive for transparency and excellent customer service, we reserve the right to either disclose or withhold the reasoning behind our decision to refuse service. This decision will be based on considerations of sensitivity, privacy, legal obligations, and the potential impact on EZ Edits Ltd., its stakeholders, and the wider audience.

3.3.4. Commitment to a Respectful and Safe Business Environment

This clause is integral to upholding the integrity and responsibility of our business operations. It ensures that our services align with our mission to contribute positively and responsibly to the media landscape, with a special emphasis on the safety and wellbeing of all viewers, particularly children. We appreciate your understanding and cooperation in upholding these standards.

4. PAYMENT PROCEDURES

Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.

You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).

All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.

For purposes of processing payments, we use the following service provider:

STRIPE

Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): https://www.stripe.com

5. REFUND, EXCHANGE AND SHIPPING POLICIES

Our current policies on refunds, exchanges and responsibility for lost, broken or stolen products are posted on the Website.

6. YOUR ACCOUNT

In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.

The terms governing the features and capabilities of your account and the related fees can be found on the Website.

7. TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.

If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

8. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

9. INDEMNIFICATION

You agree to indemnify and hold harmless EZ EDITS LTD., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

10. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

11. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

12. COMPLIANCE WITH LAWS

You represent and warrant that:

i. You have the authority to bind yourself to these Terms of Use;

ii. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;

iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and

iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

13. AGE RESTRICTIONS

Users under the age of 18 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between EZ EDITS LTD. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private,confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or EZ EDITS LTD. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

15. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against EZ EDITS LTD. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against EZ EDITS LTD. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

16. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

b. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

c. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

d. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or agents. EZ EDITS LTD. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

e. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

f. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and EZ EDITS LTD. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

17. QUESTIONS ON THESE TERMS OF USE

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address:

[email protected]

18. ADDITIONAL TERMS

The following additional terms and conditions apply to the use of the Website:

Hours of Operation: Our standard operating hours are Monday through Friday, from 8 AM to 4 PM Eastern Standard Time (EST). We reserve the right to change these hours at our sole discretion, without prior notice. Your Account Manager may be available around the clock for any inquiries or requests.

Revision Requests: All requests for revisions must be made within two (2) business days of project delivery. If revisions are not requested within this time period, the project will be deemed complete, and any additional changes thereafter will incur additional charges. The number of revisions included in our service depends on the specific package you have subscribed to. Should you require additional revisions beyond what your package includes, these will be invoiced separately on a per-revision, per-project basis, and billed monthly. It is important to note that these additional revisions are charged at a rate in line with the package you have chosen.

Performance: EZ Edits makes no guarantee of platform growth. Our services are designed to provide quality post-production support. Any platform growth as a result of our services is incidental and not guaranteed.

Project Submissions: All projects must be submitted within the client's billing cycle, which is defined as 28 days from the date the subscription payment is processed. Projects cannot be carried over to the next billing cycle. The final project of the cycle must be submitted at least 48 hours prior to the end of the billing cycle.

Turnaround Times: Our target turnaround time is 2-3 business days. However, please note that this is not a guarantee and actual turnaround times may vary based on factors such as the complexity and duration of the footage provided, desired running time, and revision requirements.

Payment Terms: We process all payments securely through our payment partner, Stripe. If you wish to cancel, upgrade, or downgrade your subscription, please inform your account manager within the current billing cycle. Subscriptions that have been processed are non-refundable, except in cases where a cancellation request is made within 24 hours of the initial processing. For self-management of your subscription, you can visit our website at 'https://www.ezedits.ca/' and navigate to the 'Log In' section.

By making a payment, the client ("you") agrees to these terms and conditions and acknowledges that the services provided are as described, and the price charged is as agreed upon. By agreeing to these terms, you waive any right to dispute, contest, or challenge the enforceability or validity of these terms and conditions.

19. CONFIRMATION OF AGREEMENT TO TERMS OF USE

​BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.