Terms of Service
These terms cover your use of xinteractivemedia.com and its free tools, such as the Real Bottleneck Check. Paid work, such as the Operating Diagnostic, is covered by the written agreement we sign with you.
1. Who we are and who can use the site
The site is run by X-Interactive Media ("XIM", "we", "us"). We operate only in the United States, and the site and our services are offered to US businesses. By using the site you agree to these terms. If you do not agree, please do not use it.
You must be 18 or older to use the site. If you book a call or buy from us, you confirm that you are acting for a business and are allowed to do so.
2. Using the site
You may use the site to learn about our services, take the Real Bottleneck Check, contact us and book a call. Please do not:
- send spam, automated submissions or false information through our forms;
- try to get around the spam check, upload malicious code, or reach accounts, servers or parts of the site that are not public;
- copy the site's content or tools to offer them as your own.
We may block access or ignore submissions that break these rules.
3. Not professional advice
Everything on the site is general information. That includes the Real Bottleneck Check, which gives an automatic score based only on your answers, and a report, to help you think about how your business runs. Whether the report offers you a free Bottleneck Review is our decision about where we can help, not a judgment of your business, and we may change it after we review your result. None of it is legal, tax, accounting, financial or investment advice, and it does not replace a professional who knows your situation.
Results shown on the site, such as cost savings, are past results and not a promise of what you will achieve. Some of our work uses AI tools. Their suggestions can be wrong or out of date, and you decide what to put in place.
4. Paid services
The site describes our services, but a description on the site is not an offer you can accept by paying. Before any paid work starts, we agree the scope and the fee with you, normally on a 30-minute call, and put them in a written proposal or agreement. That agreement, not this page, sets what we deliver, when, and how either side can end the work. If that agreement and these terms disagree, the agreement wins. If you need it, we sign a non-disclosure agreement before you share confidential business information.
Nothing is charged until we have agreed the scope.
5. Prices and payments
Prices are in US dollars. XIM is the seller for everything we sell. You pay through our payment services, by card or bank transfer (ACH). If your agreement includes a recurring fee paid by card, the card you save is charged automatically each period until the agreement ends.
Prices do not include any sales or similar taxes that apply; if a tax applies, we will show it on your invoice.
Refunds and cancellations follow your written agreement.
6. What you send us
You are responsible for what you send us through the forms, by email or in a call, and for having the right to share it. You let us use it to answer you and to provide the services you ask for, as described in our Privacy Policy. Please do not send personal details about your customers or staff unless a signed agreement covers it.
7. Our content and your deliverables
The site, its text, design and tools, the Real Bottleneck Check and its questions, and the names X-Interactive Media and Clearhelm belong to XIM. You may view and share pages for your own use.
XIM keeps its methods, frameworks and tools, including Clearhelm and the Real Bottleneck Check and its scoring, also when we use them in your work. What you receive from a paid engagement, such as your report, is yours to use as your agreement sets out. If you send us feedback or ideas, we may use them freely.
We quote you or name you as a client only with your written permission, usually given in your agreement.
8. Other services we link to
The site uses or links to services run by other companies, such as our scheduling, payment and spam-protection services. Their own terms and privacy policies apply when you use them, and we are not responsible for them.
9. No guarantees
We may change, update or remove pages at any time, and some content may be out of date. We work to keep the site accurate and available, but we provide it "as is". We do not promise that it will always be available or free of errors, or that any score, tool or service will produce a particular business result.
10. Limits on liability
As far as the law allows:
- XIM is not liable for indirect or consequential losses, such as lost profits, revenue, business or data;
- XIM's total liability for any claim about the site or these terms is limited to the greater of the amount you paid XIM in the six months before the claim, or $100.
If you have a signed agreement with XIM, its liability terms apply to the work it covers instead.
11. Covering our costs
If you misuse the site, or send us content you do not have the right to share, and that leads to a claim against XIM, you agree to cover XIM's reasonable costs of that claim, including reasonable legal fees.
12. Disputes and governing law
If you have a dispute with us about the site or these terms, tell us through our contact form first. We will both try in good faith to resolve it within 30 days.
If we cannot, these terms are governed by the laws of the State of New York, and any claim will be heard in the state or federal courts located in Westchester County, New York. Either of us may instead bring a claim in small claims court if it qualifies.
13. General
- If any part of these terms cannot be enforced, the rest still applies.
- If we do not enforce a term right away, we can still enforce it later.
- We may transfer these terms as part of a sale or reorganization of the business. You may not transfer them without our written consent.
- We are not responsible for delays or failures caused by events outside our reasonable control, such as outages, natural disasters or illness.
- You agree that we can send you notices and other communications electronically, such as by email.
- These terms and our Privacy Policy are the whole agreement about your use of the site. A signed agreement with XIM covers the work it describes.
14. Changes and contact
If we change these terms, we will post the new version here and update the date at the top. Using the site after a change means you accept the new terms.
Questions: use our contact form.