Terms of Service

By accessing, browsing, or using the NovaMind AI website or any of our services, you acknowledge that you have read and agree to comply with these Terms. If you do not agree with any part of these Terms, you must discontinue your use of the website and services immediately.

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your province or territory of residence, whichever is greater. If you are using our services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

Your continued use of the website after any updates to these Terms constitutes your acceptance of such changes. We encourage you to review this page periodically for the latest version. If material changes are made, we will provide notice as described in Section 13 below.

NovaMind AI provides artificial intelligence-powered digital marketing analytics, business intelligence insights, campaign optimization tools, audience segmentation solutions, and predictive analytics services designed for Canadian businesses. Our platform aggregates data from multiple marketing channels, applies machine learning models to identify patterns and opportunities, and delivers actionable recommendations through interactive dashboards and reports.

Our services include, but are not limited to:

• AI-powered predictive analytics for marketing campaign performance forecasting
• Multi-channel campaign optimization and attribution modelling
• Audience segmentation and behavioural insight generation
• Bilingual (English and French) marketing strategy consulting
• Custom dashboard creation and data visualization
• Educational content, articles, and resources related to AI and digital marketing

The scope, features, and availability of our services may change over time as we develop new tools and improve existing ones. Specific service details, pricing, and deliverables are governed by individual service agreements entered into between NovaMind AI and the client, which supplement but do not override these Terms.

When using the NovaMind AI website and services, you agree to the following obligations and restrictions:

Lawful Use: You must use our website and services only for lawful purposes and in compliance with all applicable federal, provincial, and municipal laws and regulations in Canada, as well as any applicable international laws if you are accessing our services from outside Canada.

Accurate Information: If you provide personal or business information through our contact forms, registration processes, or in the course of using our services, you agree to provide accurate, current, and complete information. You are responsible for updating your information if it changes.

Prohibited Activities: You agree not to engage in any of the following activities:

• Scraping, crawling, or using automated tools to extract data from our website without our express written permission
• Impersonating any person, business, or entity, or falsely stating or misrepresenting your affiliation with any person or entity
• Attempting to gain unauthorized access to our systems, servers, databases, or any non-public areas of our platform
• Transmitting viruses, malware, or any code of a destructive or harmful nature
• Using our services for any illegal, fraudulent, or deceptive purpose
• Interfering with or disrupting the integrity or performance of our website or services
• Reverse engineering, decompiling, or disassembling any part of our software, tools, or AI models

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these obligations, including removing content, suspending or terminating access, and reporting violations to law enforcement authorities.

All content, materials, features, and functionality available on the NovaMind AI website and platform, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, AI models, algorithms, dashboards, reports, and the overall design and arrangement of the website, are the exclusive property of NovaMind AI Inc. or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The NovaMind AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NovaMind AI Inc. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website and its content for your personal, non-commercial informational purposes, or for legitimate internal business purposes related to evaluating or using our services. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from our website
• Use any data mining, robots, or similar data gathering and extraction tools on our content
• Download (other than page caching) any portion of the website or any information contained therein, except as expressly permitted by us

Any use of the website or its content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

To the fullest extent permitted by applicable Canadian law, NovaMind AI Inc. expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that: (a) the website or services will be available at all times, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of our AI analytics, insights, or recommendations will be accurate, reliable, or meet your specific requirements; (c) any errors or defects in the website will be corrected; or (d) the website or the servers that make it available are free of viruses or other harmful components.

The insights, analytics, forecasts, and recommendations provided through our platform are generated by artificial intelligence models and are intended to serve as decision-support tools. They should not be treated as guaranteed outcomes or as a substitute for professional judgment. Marketing results depend on numerous variables including market conditions, competitive landscape, budget allocation, creative quality, and audience behaviour, all of which are beyond our control.

No information or advice, whether oral or written, obtained by you from NovaMind AI or through the website shall create any warranty not expressly stated in these Terms.

To the maximum extent permitted by applicable law, in no event shall NovaMind AI Inc., its directors, officers, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with:

• Your access to, use of, or inability to access or use the website or services
• Any conduct or content of any third party on or related to the website
• Any content, analytics, or recommendations obtained from the website or services
• Unauthorized access, use, or alteration of your transmissions or content

This applies regardless of whether such damages are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not NovaMind AI has been advised of the possibility of such damages.

Cap on Direct Liability: In any event, NovaMind AI's total aggregate liability to you for all claims arising from or related to the website or services shall not exceed the greater of: (a) the total amount you have paid to NovaMind AI during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100.00).

You agree to defend, indemnify, and hold harmless NovaMind AI Inc., its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your use or misuse of the website or services
• Any content or data you submit, post, or transmit through our website or services
• Your infringement of any intellectual property or other rights of any third party

NovaMind AI reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defence of such claims. You agree not to settle any matter without our prior written consent.

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by NovaMind AI. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, accuracy, opinions, or availability of any third-party websites or services.

The inclusion of any link does not imply endorsement, approval, or recommendation by NovaMind AI of the linked website or any association with its operators. You access third-party websites entirely at your own risk and subject to the terms and conditions of use and privacy policies of those websites.

We strongly advise you to read the terms of service and privacy policies of any third-party website or service that you visit. NovaMind AI shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services available on or through any such third-party websites.

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our website and services, you consent to the practices described in our Privacy Policy.

Our Privacy Policy explains in detail what personal information we collect, how we use it, with whom we share it, how we protect it, and your rights regarding your personal data. It also covers our use of cookies, analytics tools (including Google Analytics 4), and advertising technologies (including Google Ads and Meta Pixel).

We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial privacy legislation and the General Data Protection Regulation (GDPR). We encourage you to review our Privacy Policy regularly to stay informed about how we are helping to protect the personal information we collect.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of the Province of Ontario, located in the City of Toronto, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue of any litigation arising out of these Terms in the courts of the Province of Ontario, and you agree not to plead or claim that such litigation brought in any such court has been brought in an inconvenient forum.

Informal Resolution: Before filing any formal legal claim, you agree to first attempt to resolve any dispute, disagreement, or claim arising out of or relating to these Terms or our services by contacting us directly at [email protected]. We will attempt to resolve the dispute informally within thirty (30) calendar days from the date we receive your written notice of the dispute.

Mediation: If the dispute cannot be resolved informally within the thirty-day period, either party may propose mediation administered by a mutually agreed-upon mediator in Toronto, Ontario. The costs of mediation shall be shared equally between the parties unless otherwise agreed or ordered by the mediator.

Litigation: If mediation is unsuccessful or if either party declines mediation, the dispute shall be resolved through litigation in the courts of the Province of Ontario, City of Toronto, in accordance with Section 10 above. Each party shall bear its own costs and attorneys' fees unless a court orders otherwise.

NovaMind AI reserves the right to suspend, restrict, or terminate your access to the website and services, in whole or in part, at any time and for any reason, including but not limited to a breach of these Terms, without prior notice and without liability to you.

You may discontinue your use of our website and services at any time. If you are a client under a separate service agreement, termination of that agreement is governed by the terms contained therein.

Upon termination, the following sections of these Terms shall survive and continue to apply: Intellectual Property (Section 4), Disclaimers (Section 5), Limitation of Liability (Section 6), Indemnification (Section 7), Governing Law and Jurisdiction (Section 10), and any other provisions that by their nature should survive termination.

NovaMind AI reserves the right to revise, update, or modify these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by posting a banner on our homepage for a minimum of fourteen (14) days before the revised Terms take effect. The "Last Updated" date at the top of this page will be revised accordingly.

For existing clients under active service agreements, we will also send email notification of material changes at least fourteen (14) days before the changes become effective.

Your continued use of the website and services after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the website and services before the revised Terms take effect.

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information below: