Terms of Service

By accessing, browsing, or using the NovaMind Digital website (the "Site") or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must discontinue use of the Site and our services immediately.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and NovaMind Digital Inc. ("NovaMind Digital," "we," "us," or "our"), a company incorporated and registered in the Province of Ontario, Canada, with its principal office located at 350 Bay Street, Suite 700, Toronto, ON M5H 2S6, Canada.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using this Site on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to both the individual and the entity.

These Terms apply to all visitors, users, and others who access or use the Site, whether as a casual browser, a registered user, a client receiving consulting services, or a lead submitting a contact form. Your continued use of the Site following any modifications to these Terms constitutes acceptance of those modifications.

NovaMind Digital provides AI-powered digital marketing analytics, strategic consulting, campaign management, and business intelligence services to Canadian businesses. Our platform integrates data from multiple digital marketing channels including paid advertising, social media, email, and web analytics to deliver actionable insights through dashboards, reports, and direct consulting engagements.

The scope of our services includes, but is not limited to:

• AI-Powered Analytics: Machine learning-based analysis of marketing data, automated reporting, anomaly detection, and performance forecasting delivered through a proprietary dashboard available in English and French.
• AI Content Optimization: Content performance analysis, keyword gap identification, topic suggestion, and bilingual content brief generation for English and French campaigns.
• Smart Campaign Management: Predictive bidding, audience segmentation, real-time budget allocation, and paid advertising management across search and social platforms.
• Strategic Consulting: Direct engagement with our strategists covering competitive positioning, market expansion planning, technology adoption roadmaps, and ongoing performance reviews.

Our services are available to businesses operating within Canada. We do not guarantee that our services are appropriate or available for use in jurisdictions outside of Canada. If you access the Site from outside Canada, you do so at your own initiative and are responsible for compliance with local laws.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We will make reasonable efforts to notify active clients of material changes to service features through email or in-platform notifications at least 14 days in advance.

As a user of the Site and our services, you agree to use them solely for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site or services for any unlawful purpose or in violation of any applicable federal, provincial, or local laws or regulations, including but not limited to Canadian privacy legislation (PIPEDA), the Competition Act, and the Canadian Anti-Spam Legislation (CASL).
• Engage in any automated data collection, scraping, crawling, or harvesting of content, data, or information from the Site without our prior written consent. This includes the use of bots, spiders, scrapers, or similar tools.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity when using our Site or submitting information through our forms.
• Attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, or to any of the services offered on or through the Site by hacking, password mining, or any other illegitimate means.
• Upload, transmit, or distribute any viruses, worms, malware, or other malicious software or code that may damage the operation of the Site or the computers or devices of other users.
• Use our services to send unsolicited communications (spam), distribute deceptive content, or engage in any activity that could harm the reputation or integrity of NovaMind Digital or its clients.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of any software, technology, or proprietary tools used in our platform.

You are responsible for ensuring that all information you provide through forms, communications, or account setup is accurate, current, and complete. You agree to promptly update any information that changes. Any false or misleading information may result in immediate suspension or termination of your access to our services.

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio, video, software, algorithms, machine learning models, data compilations, dashboard designs, report templates, and the arrangement thereof, are owned by NovaMind Digital Inc., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights 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 must not use such marks without the prior written permission of NovaMind Digital. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

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

• The right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as may be temporarily stored in your web browser cache.
• The right to use any data mining, robots, or similar data gathering and extraction tools on our Site content.
• The right to use the Site or any material on it for any commercial purpose without obtaining a license from us.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NovaMind Digital specifically disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing, usage, or trade practice.

Without limiting the foregoing, NovaMind Digital makes no warranty or representation that:

• The Site will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of our services, including AI-generated analytics, predictions, and recommendations, will be accurate, reliable, or complete.
• Any defects or errors in the Site or services will be corrected.
• The Site or the servers that make it available are free of viruses or other harmful components.

The content on this Site, including articles, guides, reports, and strategic recommendations, is provided for informational purposes only and does not constitute professional financial, legal, accounting, or business advice. Marketing performance varies based on numerous factors including industry, competitive landscape, product-market fit, budget allocation, and market conditions. We do not guarantee specific marketing outcomes, revenue increases, cost savings, or any particular results from using our services.

You acknowledge that your reliance on any information or content provided through the Site or our services is at your sole risk. We recommend that you consult with qualified professionals before making significant business or marketing investment decisions based on data or insights provided through our platform.

To the fullest extent permitted by applicable Canadian law, in no event shall NovaMind Digital Inc., its directors, officers, employees, agents, affiliates, partners, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Cost of procurement of substitute goods or services
• Any other intangible losses arising out of or in connection with your use of or inability to use the Site or services

This limitation applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other legal theory, and whether or not NovaMind Digital has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless NovaMind Digital Inc., its directors, officers, employees, agents, affiliates, 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, regulation, or third-party right.
• Your use or misuse of the Site or services, including any data or content you submit, post, or transmit through the Site.
• Any content you provide that infringes upon the intellectual property, privacy, or other rights of a third party.
• Your willful misconduct or negligence in connection with the use of our platform.

NovaMind Digital reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter subject to this indemnification without the prior written consent of NovaMind Digital.

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by NovaMind Digital. These links are provided for your convenience and informational purposes only. Examples of third-party services we may reference include advertising platforms such as Google Ads and Meta (Facebook/Instagram), analytics platforms such as Google Analytics, and various marketing technology providers.

NovaMind Digital has no control over and assumes no responsibility for the content, privacy policies, practices, availability, or accuracy of any third-party websites, applications, or services. Inclusion of any link does not imply endorsement, approval, or affiliation by NovaMind Digital of the linked site or its operator.

If you access any third-party website, application, or service from our Site, you do so at your own risk and are subject to the terms and conditions and privacy policies of that third party. We strongly encourage you to read the terms of service and privacy policies of any third-party website or service that you visit or interact with.

NovaMind Digital 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 content, goods, or services available on or through any third-party websites or services.

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information. Our Privacy Policy is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.

We are committed to protecting your personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Quebec's Law 25 (An Act to modernize legislative provisions as regards the protection of personal information), and all other applicable Canadian and provincial privacy legislation.

For full details on how we handle your data, including cookie usage, advertising tracking technologies, lead form data, and your rights regarding your personal information, please review our Privacy Policy.

These Terms and any dispute or claim 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 or their subject matter or formation. You waive any objection to venue in these courts and agree not to plead or claim that any proceeding brought in these courts has been brought in an inconvenient forum.

Notwithstanding the foregoing, NovaMind Digital retains the right to bring enforcement proceedings in any jurisdiction in order to enforce a judgment or order, or to seek injunctive or other equitable relief to protect its intellectual property rights or prevent unauthorized access to its systems.

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 the Site informally by contacting NovaMind Digital at [email protected]. We will attempt to resolve the dispute informally within 30 calendar days from the date we receive your written notice of the dispute.

If the dispute cannot be resolved informally within the 30-day period, either party may submit the dispute to binding arbitration administered by the ADR Institute of Canada, Inc. under its Arbitration Rules then in effect. The arbitration shall take place in Toronto, Ontario, and shall be conducted in English (or French, upon mutual agreement). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall not have the authority to award punitive or exemplary damages except as may be required by statute. Each party shall bear its own costs of arbitration, and the fees of the arbitrator shall be shared equally unless the arbitrator determines otherwise.

Notwithstanding the above, either party may seek injunctive or other equitable relief from the courts of Ontario described in Section 10 to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

NovaMind Digital reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Site and services, without notice and without liability, for any reason, including without limitation if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms
• Request by law enforcement or other government agencies
• Unexpected technical or security issues
• Non-payment of fees for contracted services (where applicable)
• Conduct that NovaMind Digital determines, in its sole judgment, may expose NovaMind Digital or other users to legal liability or harm

Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections related to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution shall survive termination. If you have an active service agreement with us, termination of website access does not automatically terminate your service contract, which is governed by its own terms.

NovaMind Digital reserves the right to revise and update these Terms at any time. All changes are effective when posted, unless we indicate a later effective date. We will notify users of material changes by posting a notice on the homepage of the Site for a minimum of 14 days before the changes take effect.

If you are an active client with a registered account or active service agreement, we will also send notice of material changes to the email address associated with your account at least 14 days before the revised Terms take effect.

The "Last Updated" date at the top of this page indicates when these Terms were most recently revised. 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 must stop using the Site and contact us to discuss termination of any active service agreements.

We encourage you to review these Terms periodically to stay informed about the conditions governing your use of our Site and services.

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

We aim to respond to all inquiries within five (5) business days of receipt.