Terms and Conditions

Last Updated: March 2026

This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement by and between XLVI MEDIA LTD, a company incorporated in England and Wales with company number 15002188 ("XLVI Media", "us", "we", or "our") and the client, whether personally or on behalf of an entity ("Client", "you", or "your"), with regard to access and use of XLVI Media’s website and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the "Service"). Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Service, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and XLVI Media shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay XLVI Media for services rendered shall remain and continue to be an ongoing obligation owed by Client to XLVI Media.

1. Intellectual Property Rights

Unless otherwise indicated, the Service is the property of XLVI Media and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained there (the "Marks") are owned and controlled by XLVI Media and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of England and Wales, foreign jurisdictions and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Service and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without XLVI Media’s express prior written permission. XLVI Media reserves all rights in the Service, Content and Marks.

2. Ownership of Materials

Notwithstanding XLVI Media’s ownership of Submissions, as described in Paragraph 4 ("Client Feedback"), all design and original source files created on Client’s behalf ("Projects") belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause XLVI Media to become the owner of a Project, in whole or in part, rather than Client, XLVI Media irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to XLVI Media as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. XLVI Media reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by XLVI Media and require a commercial licence in order for Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), XLVI Media will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licences for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licences are required and who to contact in order to purchase said licences. So long as XLVI Media has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licences for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Service, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Service through automated or non-human means; Client will not use the Service for any illegal or unauthorised purpose; Client’s use of the Service will not violate any applicable law or regulation.

5. Prohibited Activities

Client shall not access or use the Service for any purpose other than that for which the Service is made available to the Client. The Service may not be used in connection with any commercial endeavours except those related to the work performed by XLVI Media on behalf of the Client. Further, Client agrees to refrain from the following: making any unauthorised use of the Service; retrieving data or content for the purposes of creating or compiling a database or directory; circumventing, disabling, or otherwise interfering with security-related features on the Service; engaging in unauthorised framing or linking of the Service; tricking, defrauding or misleading XLVI Media or other users; interfering with, disrupting or creating an undue burden on the Service or XLVI Media’s networks or servers; using the Service in an effort to compete with XLVI Media; deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Service; bypassing any measures on the Service designed to prevent or restrict access to the Service or any portion thereof; harassing, annoying, intimidating or threatening any of XLVI Media’s employees, independent contractors or agents providing services through the Service; deleting the copyright or other rights notice from any Content; copying or adapting the Service’s software; uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Service; uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism; disparaging, tarnishing or otherwise harming XLVI Media; using the Service in a manner inconsistent with any applicable laws, statutes or regulations.

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a "Submission") shall be the sole property of XLVI Media and XLVI Media is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. XLVI Media shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 ("Ownership of Materials"), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against XLVI Media for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight

XLVI Media reserves the right to monitor the Service for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. XLVI Media further reserves the right to restrict or deny access to the Service or disable the Client’s use of the Service. Such decision shall be in the sole discretion of XLVI Media, without notice or liability to Client. All decisions regarding the management of the Service shall be at the sole discretion of XLVI Media and shall be designed to protect XLVI Media’s rights and property.

8. Privacy Policy

By using the Service, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Service is hosted in the United Kingdom. Access of the Service from outside the UK may result in the applicability of laws, statutes or regulations differing from those of the United Kingdom which govern personal data collection, use or disclosure. Client’s continued use of the Service and transfer of data constitutes express consent of Client to the transfer and processing of data in accordance with UK data protection legislation. XLVI Media does not knowingly accept or solicit information from individuals under the age of 18. Upon receipt of actual knowledge that an individual under the age of 18 has provided personally identifiable information to XLVI Media without parental consent, XLVI Media shall delete that information as soon as reasonably practical.

9. Returns and Refunds

XLVI Media reserves the right to deny refunds based on its own discretion and without notice or liability to Client. Where the Client is a consumer who has entered into a contract with XLVI Media at a distance (e.g. online), the Client may have the right to cancel within 14 calendar days of purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, subject to any applicable exceptions (including where the service has been fully performed with the consumer’s prior express consent). Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by XLVI Media are ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Furthermore, payment processing fees associated with the transaction will not be refunded. XLVI Media reserves the right to take appropriate legal actions against Client for breach of this paragraph. Nothing in this section shall affect the statutory rights of consumers under the Consumer Rights Act 2015.

10. Modification

XLVI Media reserves the right to change, alter, modify, amend or remove anything or any content on the Service for any reason at its sole discretion. XLVI Media reserves the right to modify or discontinue all or part of the Service with reasonable advance notice to Client where practicable, except where immediate modification is required for legal, regulatory or security reasons. Where Client is a consumer, XLVI Media will provide notice of any material changes to these Terms before they take effect.

11. Connection Interruptions

XLVI Media does not guarantee or warrant the Service will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond XLVI Media’s control. Client agrees that XLVI Media shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Service during any interruption in the connection or service.

12. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

13. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).

14. Disclaimer

The Service is provided on an as-is, as-available basis. Client agrees that its use of the Service is at Client’s sole risk. To the fullest extent permitted by law, XLVI Media disclaims all warranties, express or implied, in connection with the Service and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. XLVI Media makes no warranties or representations about the accuracy or completeness of the Service or any content thereon or content of any websites linked to the Service and XLVI Media assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorised access to or use of XLVI Media’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Service, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service. XLVI Media does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Service, a hyperlinked website or any website or mobile application featured in any advertising. Nothing in this Disclaimer excludes or limits XLVI Media’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Where Client is a consumer, nothing in these Terms affects any statutory rights the Client may have under the Consumer Rights Act 2015 or other applicable UK consumer protection legislation.

15. Limitations of Liability and Indemnification

Nothing in these Terms of Use shall limit or exclude XLVI Media’s liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by applicable law. Subject to the foregoing, XLVI Media and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, legal fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Service. Client agrees to defend, indemnify and hold harmless XLVI Media and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, XLVI Media reserves the right, at Client’s expense, to assume control and defence of any matter for which Client shall be required to indemnify XLVI Media hereunder. Client agrees to cooperate with the defence of such claims.

16. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Service. XLVI Media shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against XLVI Media from any such loss or corruption.

17. Electronic Communications, Transactions and Signatures

Client hereby consents to receive electronic communications from XLVI Media and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Service satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by XLVI Media or through the Service. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic, to the extent permitted by applicable UK law. This waiver does not apply to any requirements that cannot lawfully be waived under UK legislation, including but not limited to the Electronic Communications Act 2000 and the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016.

18. Licensing

Client agrees to assume full responsibility for any unauthorised use of images, fonts, or other content displayed on their website, communication channels, or any other mediums. It is the sole responsibility of the Client to ensure that all content utilised is properly licensed. Whilst XLVI Media may, in certain circumstances, hold appropriate licences for the use of specific materials, such licences are not transferrable to the Client unless explicitly stated in writing.

19. Showcasing Client Work

XLVI Media reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue a non-disclosure agreement between themselves and XLVI Media, which in turn would void the right of XLVI Media to share or discuss Client’s work publicly.

20. Referrals

Referral tracking and payouts are handled through our third-party partner services.

21. Miscellaneous

These Terms of Use and any policies posted on the Service or regarding the Service constitute the entire agreement and understanding between the Client and XLVI Media. Failure of XLVI Media to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Service shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and XLVI Media.

22. Contact Information

For any questions or complaints regarding the Service, please contact XLVI Media at: dom@xlvi.media