Terms of Service

By accessing, browsing, or using the NovaMind Digital website (the "Site"), operated by NovaMind Digital Inc. ("NovaMind Digital," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use this Site.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and NovaMind Digital Inc. regarding your use of the Site and all services, content, tools, features, and resources provided through the Site (collectively, the "Services").

You must be at least 18 years of age, or the age of majority in your province or territory of residence (whichever is greater), to use this Site and its Services. By using the Site, you represent and warrant that you meet this age requirement. If you are accessing the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and the entity you represent.

Your continued use of the Site after any modifications to these Terms (as described in Section 13) constitutes your acceptance of the revised Terms. We recommend that you review these Terms periodically to stay informed of any updates.

NovaMind Digital is a Canadian-based advisory and informational platform that operates at the intersection of artificial intelligence and digital marketing. Through our Site, we provide the following Services:

• Research and Educational Content: Articles, case studies, reports, guides, and other informational resources related to AI applications in digital marketing, search engine optimization, paid media, content strategy, and marketing automation.
• Advisory Consultations: One-on-one and group advisory sessions with our team of marketing and AI specialists. Consultations are requested through our contact form and are subject to availability and scheduling.
• Self-Assessment and Benchmarking Tools: Online tools designed to help users evaluate their current marketing practices and identify areas where AI integration may be beneficial.
• Bilingual Resources: All major content categories are available in both English and French, reflecting our commitment to serving businesses across all Canadian provinces and territories.

The scope of our Services may evolve over time. We reserve the right to modify, expand, reduce, or discontinue any part of our Services at our discretion, with or without notice. We will make reasonable efforts to notify registered users of significant changes to the Services they actively use.

Our Services are intended for informational and educational purposes. They do not constitute professional financial, legal, or investment advice. Please refer to Section 5 (Disclaimers) for additional details.

When using our Site and Services, you agree to the following obligations and restrictions:

Lawful Use: You shall use the Site and Services only for lawful purposes and in compliance with all applicable federal, provincial, and local laws and regulations in Canada and your jurisdiction of residence. You agree not to use our Services in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

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

• Scraping, crawling, or using automated tools to extract data from the Site without our prior written consent.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
• Transmitting any viruses, worms, defects, Trojan horses, or any other items of a destructive nature.
• Using the Site to distribute unsolicited commercial messages (spam) or to engage in any form of harassment, abuse, or illegal activity.
• Reproducing, duplicating, copying, selling, or otherwise exploiting any portion of the Site or its content for commercial purposes without our express written permission.

Accurate Information: If you submit information through any form on our Site (including consultation requests or contact inquiries), you agree to provide accurate, current, and complete information. You are responsible for the accuracy of all information you submit to us.

Compliance with Guidelines: You agree to follow any additional guidelines, rules, or policies that we may publish on the Site from time to time in connection with specific features or Services.

All content on this Site, including but not limited to text, articles, research reports, case studies, graphics, images, logos, icons, software, data compilations, page layout, underlying code, and the overall design and arrangement of the Site (collectively, "Content"), is the exclusive property of NovaMind Digital Inc. or its content licensors. This Content is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

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

• Modify, reproduce, distribute, display, or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering or extraction methods on the Content;
• Download (other than page caching) any portion of the Site or its Content, except as expressly permitted by us;
• Use the Content for any commercial purpose or for the benefit of any third party without our express written consent.

This license shall automatically terminate if you violate any of these Terms. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

To the fullest extent permitted by applicable law, NovaMind Digital Inc. expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

• The Site will be available at all times, uninterrupted, secure, or error-free;
• The results obtained from the use of the Site or any Services will be accurate, reliable, or complete;
• The quality of any information, content, or other material obtained through the Site will meet your expectations;
• Any errors in the Site or Content will be corrected in a timely manner.

The information published on this Site is intended for general informational and educational purposes. It does not constitute and should not be relied upon as professional marketing, financial, legal, or investment advice. The digital marketing landscape and AI technologies evolve rapidly, and information on this Site may not always reflect the most current developments. You should always verify information independently and consult with qualified professionals before making any business decisions based on content from this Site.

We make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, Services, or related graphics contained on the Site for any purpose. All such information, Services, and related graphics are provided without warranty of any kind.

To the maximum extent permitted by applicable Canadian law, NovaMind Digital Inc., its directors, officers, employees, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Site or Services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any business decisions made or actions taken based on information provided through the Site or Services.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NovaMind Digital has been advised of the possibility of such damage.

In no event shall our total aggregate liability to you for all claims arising from or relating to the use of the Site or Services exceed the greater of (a) one hundred Canadian dollars (CAD $100.00) or (b) the amount you have paid to NovaMind Digital for Services in the twelve (12) months preceding the event giving rise to such liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless NovaMind Digital Inc., its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of the Site or Services;
• Your violation of any applicable law, regulation, or the rights of any third party;
• Any content or information you submit or transmit through the Site.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by NovaMind Digital Inc. These links are provided for your convenience and informational purposes only.

NovaMind Digital has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. The inclusion of any link does not imply endorsement, approval, or recommendation by NovaMind Digital of the linked website or any association with its operators.

You acknowledge and agree that NovaMind Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with your use of the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Site, you consent to the collection and use of information as described in our Privacy Policy. Our Privacy Policy explains what personal data we collect, how we use it, the cookies and tracking technologies we employ, and your rights regarding your personal data under applicable privacy legislation including the Personal Information Protection and Electronic Documents Act (PIPEDA) and the General Data Protection Regulation (GDPR) for visitors from the European Economic Area.

We encourage you to review the Privacy Policy carefully and to contact us if you have any questions about our data handling practices. You may reach us at the contact details provided in Section 14 of these Terms.

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 principles of conflict of laws.

Subject to the dispute resolution procedures outlined in Section 11, you agree that any legal action or proceeding relating to your access to or use of the Site or these Terms shall be instituted exclusively in the courts of the Province of Ontario, located in the City of Toronto. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to the venue or the convenience of the forum.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Informal Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services through good-faith informal negotiation. To initiate this process, you must send a written notice to NovaMind Digital at the address provided in Section 14, describing the nature of the dispute and the relief you seek. We will attempt to reach a mutually agreeable resolution within thirty (30) calendar days from receipt of your notice.

Mediation: If we are unable to resolve the dispute informally within the thirty-day period, either party may elect to submit the dispute to mediation administered by the ADR Institute of Canada (ADRIC) or its regional affiliate, in accordance with its then-current mediation rules. The mediation shall take place in Toronto, Ontario, unless both parties agree to an alternative location or to conduct mediation remotely. The costs of the mediator shall be shared equally between the parties.

Court Proceedings: If mediation is unsuccessful or if either party declines mediation, either party may then pursue the dispute in the courts as specified in Section 10. Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts as necessary to prevent actual or threatened infringement, misappropriation, or violation of a party's data security, intellectual property, or confidentiality obligations.

We reserve the right to suspend or terminate your access to the Site and Services, in whole or in part, at any time and for any reason, including but not limited to a breach of these Terms. Such termination may be effected without prior notice and without liability to you.

Upon termination, your right to use the Site shall immediately cease. If we suspend or terminate your access for violations of these Terms, you are prohibited from creating a new account or accessing the Site using a different identity or through any other means.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

NovaMind Digital reserves the right to revise and update these Terms of Service at our discretion. All changes are effective when they are posted on this page, with the updated "Last Updated" date at the top of this document.

For material changes that significantly affect your rights or obligations, we will provide at least fourteen (14) days' notice before the changes take effect. Notice will be provided through a prominent banner on the Site's homepage and, where applicable, via email to users who have provided their email address through our contact forms.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you are no longer authorized to use the Site and should discontinue your use immediately. We encourage you to review these Terms periodically.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us through one of the following methods: