Terms of Service

By accessing, browsing, or using the NovaMind AI website located at this domain, or by engaging with any of our services, you confirm that you accept these Terms of Service in full. This acceptance is effective from the moment you first access the website or use any of our services, whichever occurs first.

You represent and warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement. If you are accessing the website or 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" refers to both you individually and the entity you represent.

If you are located in Quebec, Canada, you acknowledge that these Terms are available in both English and French versions. In the event of a discrepancy between language versions, you may reference the version in your preferred official language. Both language versions carry equal legal weight.

Your continued use of the website after any modifications to these Terms have been posted constitutes your acceptance of those modifications. We encourage you to review these Terms periodically to stay informed about any updates.

NovaMind AI provides a suite of digital intelligence services designed for Canadian businesses. Our offerings include, but are not limited to, the following:

• AI-Powered Analytics: Machine learning models that process marketing data from multiple channels to identify patterns, generate performance reports, and surface actionable recommendations for campaign improvement.
• Digital Campaign Optimization: Analysis and refinement of paid search, social media advertising, and display campaigns to improve return on investment and reduce wasted ad spending.
• Strategic Business Consulting: One-on-one advisory sessions and strategy development that translate data insights into concrete business plans aligned with organizational growth objectives.
• Growth Forecasting: Revenue projections and market trend analysis powered by historical performance data and predictive algorithms, designed to support planning and resource allocation decisions.

Our website also provides educational content including articles, research summaries, case studies, and guides related to artificial intelligence, digital marketing, and business strategy. This content is provided for informational purposes and should not be construed as professional advice specific to your business situation.

The scope, pricing, and delivery timelines for paid services are detailed in individual service agreements entered into separately between NovaMind AI and each client. These Terms govern your general use of the website and form the baseline agreement applicable to all users.

When using the NovaMind AI website and services, you agree to comply with all applicable federal, provincial, and municipal laws of Canada, as well as any international laws that may apply to your use. Specifically, you agree that you will not:

• Use automated tools, bots, scrapers, spiders, or similar technologies to extract, copy, or harvest data from the website without our prior written permission.
• Impersonate any person, business, or entity, or falsely represent your affiliation with any person or organization, including NovaMind AI or its employees.
• Attempt to gain unauthorized access to any portion of the website, server infrastructure, databases, or connected systems through hacking, password mining, or any other unauthorized means.
• Transmit, upload, or distribute any content that is unlawful, defamatory, obscene, threatening, harassing, discriminatory, or that infringes upon the intellectual property or privacy rights of others.
• Introduce viruses, malware, trojan horses, worms, or any other harmful code or technology designed to disrupt, damage, or interfere with the proper functioning of the website or any connected networks.
• Use the website or services for any commercial purpose not expressly authorized by NovaMind AI, including reselling, redistributing, or sublicensing our content or analytical outputs.
• Interfere with or disrupt the experience of other users or the integrity of any user data stored on or transmitted through our systems.

You are solely responsible for ensuring that your use of our website and services complies with all applicable regulations in your jurisdiction. If you provide information through our forms or during service engagements, you are responsible for the accuracy and completeness of that information.

All content on the NovaMind AI website, including but not limited to text, articles, graphics, images, logos, icons, photographs, data compilations, software, code, page layouts, designs, color schemes, and the overall look and feel of the website, is the exclusive property of NovaMind AI Inc. or its content licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

The NovaMind AI name, logo, and all related trademarks, service marks, and trade names displayed on this website are registered or unregistered marks of NovaMind AI Inc. You may not use, reproduce, or display any of these marks without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal, non-commercial informational purposes. This license does not include the right to:

• Modify, adapt, translate, or create derivative works based on any content found on the website.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website for commercial gain without express written permission.
• Frame or embed any portion of the website within another website or application.

Custom reports, analytics outputs, and strategy documents produced for paying clients as part of a service engagement remain the intellectual property of NovaMind AI unless explicitly transferred in writing through a separate agreement. Clients receive a license to use deliverables for their internal business purposes as specified in the applicable service agreement.

Without limiting the foregoing, NovaMind AI expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, and completeness. We do not warrant that:

• The website will be available without interruption, errors, or technical difficulties at all times.
• Any errors or defects in the website will be corrected within a specific timeframe.
• The content, analytics, or recommendations provided will produce any specific business results, revenue increases, or marketing performance improvements.
• The website or servers are free from viruses or other harmful components.

Information provided on the website, including articles, data visualizations, case study references, and analytical insights, is intended for general informational and educational purposes. It does not constitute professional financial, legal, tax, or investment advice. You should consult qualified professionals before making business decisions based on content found on our website.

AI-generated predictions, forecasts, and analytical recommendations are based on historical data and algorithmic models. They reflect probabilities and trends, not certainties. Actual results will vary depending on market conditions, competitive dynamics, and other factors beyond our control.

To the maximum extent permitted by applicable Canadian law, NovaMind AI Inc., its directors, officers, employees, agents, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or any other intangible loss, 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 the website.
• Any content, data, or recommendations obtained from the website or services.
• Unauthorized access, use, or alteration of your transmissions or data.

This limitation applies regardless of the legal theory under which damages are sought, whether in contract, tort (including negligence), warranty, strict liability, or any other basis, even if NovaMind AI has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the greatest extent permitted by law. In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the website and services exceed the amount you paid to NovaMind AI, if any, during the twelve (12) months preceding the event giving rise to the liability, or two hundred Canadian dollars (CAD $200), whichever is greater.

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, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:

• Your use of the website or services in violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Any content or data you submit through the website, including contact form submissions and communications with our team.
• Your negligent or willful misconduct.

This indemnification obligation survives the termination of these Terms and your discontinuation of use of the website or services. NovaMind AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

The NovaMind AI website may contain hyperlinks, references, or integrations with third-party websites, platforms, tools, and services that are not owned, operated, or controlled by NovaMind AI. These third-party resources are provided solely for your convenience and informational purposes.

NovaMind AI does not endorse, guarantee, or assume responsibility for the accuracy, relevance, timeliness, completeness, or quality of any content, products, services, or information available on or through third-party websites. We have no control over the privacy practices, terms of service, or data handling procedures of third-party websites.

When you leave the NovaMind AI website by clicking on a third-party link, you do so at your own risk. We strongly encourage you to review the terms of use and privacy policies of any third-party website you visit. Your interactions with third-party websites, including any purchases, data submissions, or account registrations, are solely between you and that third party.

NovaMind AI shall not be liable for any damages, losses, or injuries arising from your use of or reliance on any third-party content, websites, or services linked from our website.

Your privacy is important to us. The collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is available at /privacy/. The Privacy Policy is incorporated into these Terms by reference and forms an integral part of this agreement.

By using the NovaMind AI website, you acknowledge that you have read and understand our Privacy Policy and consent to the practices described therein. Our Privacy Policy explains how we collect information through contact forms, cookies, analytics tools, and advertising technologies, and describes your rights regarding your personal data under applicable Canadian privacy legislation including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, the General Data Protection Regulation (GDPR) for users in the European Economic Area.

If you have questions or concerns about how your data is handled, please contact us at [email protected] or refer to the contact details provided in our Privacy Policy.

These Terms of Service and any disputes 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 the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You irrevocably agree that the courts of the Province of Ontario, located in the City of Toronto, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts on the basis of forum non conveniens or any other grounds.

For users residing in Quebec, the applicable provisions of the Quebec Civil Code and the Consumer Protection Act (R.S.Q., c. P-40.1) may apply to consumer transactions, and nothing in these Terms shall be interpreted to limit the rights afforded to Quebec consumers under mandatory provincial legislation.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of our website and services, the parties agree to first attempt to resolve the matter through good-faith informal negotiation. You agree to contact NovaMind AI in writing at [email protected] with a detailed description of your concern, and we will make reasonable efforts to resolve the issue within thirty (30) calendar days from receipt of your notice.

If the dispute cannot be resolved through informal negotiation within the 30-day period, either party may submit the dispute to binding arbitration administered under the rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario, Canada, and shall be conducted in English (or French, if both parties agree). The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs related to arbitration, and the parties shall share equally the fees and expenses of the arbitrator and the arbitration administrator.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm or to protect intellectual property rights.

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 without prior notice if we reasonably determine that you have violated any provision of these Terms or have engaged in conduct that we consider harmful to the website, our business, other users, or third parties.

You may discontinue your use of the website at any time by simply ceasing to access it. If you have an active paid service agreement with NovaMind AI, termination of that agreement is governed by the terms specified in that separate contract.

Upon termination, your right to access and use the website ceases immediately. The following sections of these Terms survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and Dispute Resolution.

NovaMind AI will not be liable to you or any third party for any termination or suspension of your access to the website or services, regardless of the reason for such termination.

NovaMind AI reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where practicable, provide notice through a prominent banner on our homepage for a minimum of fourteen (14) days before the revised Terms take effect.

It is your responsibility to review these Terms periodically for changes. Your continued use of the website following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the website and services before the changes become effective.

For paying clients with active service agreements, material changes to these Terms that affect the scope of services or the rights and obligations under the service agreement will be communicated directly via email to the contact address on file.

If you have questions, comments, or concerns about these Terms of Service, or if you wish to report a potential violation or exercise any of your rights described herein, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent legal matters, please include "URGENT" in your email subject line.