Terms & Conditions
Effective date: May 1, 2025
PushMedia · 340 Albert Street, Suite 1810, Ottawa, ON K1R 1A4, Canada
Business Number: 729384651RC0005 · Email: [email protected]
These Terms and Conditions ("Terms") govern your access to and use of the PushMedia website (pushmedia.life) and the layered media intelligence services provided by PushMedia ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.
Disclaimer: These Terms are provided for informational purposes and do not constitute legal advice. You should consult qualified legal counsel regarding your specific circumstances.
1. Services
PushMedia provides layered media intelligence services including but not limited to media intelligence push, layered data streams, content AI pipelines, distribution ops, stream quality monitoring, and related pipeline solutions as described on our website and in individual service agreements.
Specific pipeline deliverables, layer configurations, and pricing are defined in separate statements of work or service agreements executed between PushMedia and the client.
2. Pricing and Payment
All prices displayed on our website and in proposals are quoted in Canadian Dollars (CAD) unless otherwise specified. Applicable taxes (GST/HST/PST) will be added as required by Canadian law.
Payment terms are as specified in individual service agreements. Unless otherwise agreed:
- Pipeline module fees are billed 50% upon agreement execution and 50% upon deployment completion
- Catalog solutions require a deposit of 50% upon order confirmation, with the balance due upon delivery
- Ongoing pipeline ops engagements are billed monthly based on agreed scope
- Late payments may incur interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by Ontario law, whichever is lower
PushMedia reserves the right to modify published pricing with 30 days' written notice to existing clients. Price changes do not affect active service agreements until renewal.
3. Platform Access and Accounts
Access to PushMedia pipeline services and platform infrastructure requires valid credentials issued under an active service agreement. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
You must notify PushMedia immediately of any unauthorised access or security breach. We reserve the right to suspend pipeline access if we reasonably believe your account has been compromised.
4. Acceptable Use
You agree to use PushMedia services only for lawful business purposes and in accordance with these Terms. You shall not:
- Use our services to process, push, or distribute unlawful, harmful, or discriminatory content
- Attempt to reverse engineer, decompile, or extract source code from our AI models, pipeline tooling, or platform
- Interfere with or disrupt the integrity or performance of our pipeline services or infrastructure
- Use our services to process personal information in violation of PIPEDA or applicable provincial privacy legislation
- Resell, sublicense, or redistribute our services without written authorisation
5. Intellectual Property
PushMedia retains all rights, title, and interest in our platform, AI models, pipeline methodologies, algorithms, software, documentation, and proprietary stream frameworks. Nothing in these Terms grants you ownership of PushMedia intellectual property.
You retain ownership of your data, content assets, and stream inputs submitted to our pipelines. By using our services, you grant PushMedia a limited licence to process your content solely for the purpose of delivering agreed services.
Deliverables created specifically for you under a service agreement become your property upon full payment, subject to PushMedia's retention of underlying platform technology and general pipeline methodologies.
6. AI Systems and Pipeline Limitations
PushMedia provides layered media intelligence services that involve machine learning models, content enrichment automation, and data push systems. You acknowledge that:
- AI enrichment outputs are probabilistic and may contain errors, biases, or inaccuracies
- Pipeline results require human review and validation before production deployment
- Stream performance may vary based on data quality, layer configuration, and infrastructure factors
- PushMedia does not guarantee specific business outcomes from pipeline deployments
- You are responsible for evaluating AI outputs and ensuring compliance with applicable regulations in your industry
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information disclosed during pipeline engagements. Confidential information includes stream configurations, content metadata, model architectures, business strategies, and technical specifications marked as confidential or reasonably understood to be confidential.
Confidentiality obligations survive termination of the service agreement for a period of three (3) years, except for trade secrets which remain protected indefinitely.
8. Warranties and Disclaimers
PushMedia warrants that services will be performed with reasonable skill and care consistent with industry standards for media intelligence pipeline services.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, PUSHMEDIA PROVIDES SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, PUSHMEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES.
PUSHMEDIA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PUSHMEDIA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These limitations apply regardless of the theory of liability and even if PushMedia has been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold harmless PushMedia, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, violation of these Terms, or infringement of third-party rights through your data or pipeline configurations.
11. Termination
Either party may terminate a service agreement in accordance with its terms. PushMedia may suspend or terminate access to our website or services immediately if you breach these Terms.
Upon termination, you must cease using PushMedia services. Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.
12. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemics, government actions, infrastructure failures, or third-party service outages.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Ontario, located in Ottawa.
14. Dispute Resolution
Before initiating legal proceedings, the parties agree to attempt good-faith negotiation to resolve disputes. If negotiation fails within thirty (30) days, either party may pursue remedies available under applicable law.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with any applicable service agreements and statements of work, constitute the entire agreement between you and PushMedia regarding the subject matter herein and supersede all prior agreements and understandings.
17. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Continued use of our website or services after changes constitutes acceptance of the revised Terms.
18. Contact
For questions about these Terms, contact us at:
- Email: [email protected]
- Address: 340 Albert Street, Suite 1810, Ottawa, ON K1R 1A4, Canada
- Phone: +1 613 555 7294