Effective as of: December 1st 2019

Welcome to MindBites, a service provided by MindBites Inc. (“PCI”, “we”, “us” or, “our”). Before you start enjoying our services, please take the time to read these Terms and Conditions of Use carefully as they govern, amongst other things:

- your right to use the MindBites mobile application (“MindBites”) as well as all the content, information contained in MindBites (“Content”);

- the rules you must follow when using MindBites;

- the arbitration procedure that you agree to follow in order to resolve any disputes that may arise between you and PCI in connection with the services we are providing you;

- the extent of liability to you.

If you believe that any Content featured or accessible through MindBites violates your intellectual property rights, please refer to Section 7 of these Terms for information on how to submit an infringement claim.

1. Principal Requirements

These Terms and Conditions of Use (“Terms” or “Contract”) constitute a legally binding contract between you and PCI, a company incorporated under the laws of Canada. You may only use MindBites if:

- you agree to comply with all the Terms that follow and to our Privacy Policy; and

- you are legally capable of entering into a binding contract.

If you do not agree to be legally bound by these Terms and to our Privacy Policy, or if you cannot comply with them for whatever reason, you must not install and use MindBites.

2. Acceptance and Modifications of these Terms

By accessing, using or downloading MindBites you agree to be bound by these Terms.

We may modify these Terms at our sole discretion, at any time. If the modification is, in our discretion, material, we will notify you by e-mail or through any other mean we determine appropriate. In any event, the most up to date Terms will be accessible to you on MindBites. If you continue to use MindBites after updated Terms have become accessible to you, we will consider that you agree to be bound by them.

3. Your Rights

We grant you a limited, non-exclusive, non-transferable, and revocable license to access, download and make personal use of MindBites and the related Content. More specifically, this license allows you to:

- download and store in your mobile device one (1) copy of the references allowing to listen to the podcast compilation featured in MindBites; and

- listen to all podcasts compilation as many times as desired.

You are not allowed to:

- copy, distribute, record, reproduce, transfer, make available or display to the public, broadcast, sell, sublicense, lease, rent or make commercial use of MindBites or of the Content, in part or in whole, for your own benefit or for the benefit of others;

- copy, distribute, record, reproduce, transfer, make available or display to the public, broadcast, sell, sublicense, lease, rent or make commercial of the podcasts, in part or in whole, unless duly otherwise authorised by a valid licence or by law;

- use the MindBites or the Content in any way that contravenes the law, this Contract, our Privacy Policy or any rights of third parties, including, but not limited to, any intellectual property and moral rights that podcasters, podcast hosts and podcast producers may have in the podcasts accessed through MindBites;

- reverse-engineer, create derivative works, decompile, dissemble the Content or MindBites, in whole or in part; and

-access, extract, collect or store any information about MindBites, the Content or its users, by using bots, data mining, crawlers or any other automatic means.

4. Termination of Your Rights

We reserve our right to terminate or suspend your access to your MindBites account and your rights to use MindBites and all related Content without notice if we have a good reason, including the violation of these Terms by you or any person using your account.

5. Access to Your Account

It is your sole responsibility to protect the confidentiality of the password linked to your MindBites account. You may not allow access to any other person to your account.

6. Title to Intellectual Property

The source code, layout and design of MindBites as well as all texts, articles, product and service descriptions, photographs, images, videos, audio recordings, graphics, logos, software and data compilations contained or displayed in MindBites or in the Content are the sole property of PCI and are protected by copyright (“Copyright Materials”).

The trademark MindBites, as well as all other trademarks, trade names and logos displayed or contained in MindBites or in the Content are the sole property of PCI or of the original Content producers and are protected as trade-mark law (“Proprietary Marks”).

The sale, modification, transfer, copy, download, upload, reproduction, publication, distribution, display of Copyright Materials or Proprietary Marks, in whole or in part, is strictly prohibited, unless you are expressly authorized to do so by the terms of the present Contract or have received a written authorization from us to do so.

7. Infringement or opt Out Notice

Our purpose is to help users of MindBites discover new podcasts on topics that are of interest to you.
We do so by presenting short extracts of professionally-produced podcast compilation episodes we think you will enjoy and may subscribe to the podcast featured in our compilation.

PCI do not make nor keep any podcasts or images (thumbnails) copies on MindBites’s servers. We only point you to the public RSS feed. Our technology helps you identify the source and the extract on your topic of interest within the podcast.

We respect and put our best efforts to uphold the intellectual property rights of the content creators and producers we showcase but understand that some may not want to be featured in our playlists.

In other instances, intellectual property rights owned by a third party may be included in the podcast without the authorization of the said third party.

If you would like us to stop featuring your content or would like to report infringing content, please send a notice to our designated agent, and we will get back to you promptly.

Our agent:
Alain Y Dussault
Lavery Sencrl
1 Place Ville Marie, suite 4000
Montreal, Quebec, Canada.
H3B 4M4
adussault@lavery.ca

In your notice, you must include the following:

1. an identification of the work claimed to be infringed or that you would like to be removed;
2. the physical or electronic signature of the owner of the copyright or their authorized agent;
3. your name, address, e-mail and telephone number.

8. Privacy

PCI is committed to upholding your right to privacy. Please consult our Privacy Policy for information on how and why we collect, store, use, disclose and otherwise process your personal data.

9. Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT MINDBITES AND ALL RELATED CONTENT IS PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.

PCI, ITS DISTRIBUTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES EXPRESS OR IMPLIED CONCERNING THE MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, FITNESS FOR ANY PURPOSE OF MindBites, THE CONTENT, THIRD-PARTY CONTENT, OR ANY LINKED SERVICES. PCI DOES NOT WARRANT THAT YOUR USE OF MindBites WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, EFFECTIVE, TIMELY, LAWFUL OR THAT MindBites, THE CONTENT, OR ANY LINKED SERVICES, AS WELL AS ANY SERVERS ON WHICH THE FOREGOING OPERATE, WILL BE FREE OF VIRUSES, MALWARE OR ANY OTHER HARMFUL COMPONENTS.

NO WRITTEN OR ORAL COMMUNICATION OF ANY KIND BETWEEN YOU AND ANY OF OUR REPRESENTATIVES WILL CREATE A WARRANTY ON BEHALF OF PCI.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT, WILL PCI, ITS DISTRIBUTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE HELD LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MORAL OR PUNITIVE DAMAGES, THAT RESULT FROM ANY OF THE FOLLOWING SITUATIONS, WHETHER OR NOT THEY HAVE BEEN WARNED OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES:

1. YOUR ACCESS AND USE OF MINDBITES OR OF THE CONTENT OR THE IMPOSSIBILITY FOR YOU TO ACCESS OR TO USE THEM;
2. ANY ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT;
3. LOSS OF DATA OR DAMAGES TO YOUR DEVICE;
4. ANY INTERRUPTION OR CESSATION OF OUR SERVICES; AND
5. YOUR ACCESS, USE, PURCHASE, SUBSCRIPTION OR RELIANCE ON THIRD-PARTY CONTENT.

11. Indemnification

You agree to indemnify, defend and hold harmless PCI, its affiliates, successors, and assigns, and their respective licensors, employees, agents, directors, officers and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorney fees, resulting from:

1. any violation by you of these Terms;
2. any activity in which you engage on or through MindBites, whether the activity was initiated by you or by any other person who accessed your account with or without your consent; and
3. the violation the law or of the rights of third-parties by you or by any other person who accessed your account with or without your consent.

12. Governing Law

This Contract is to be construed with and governed by the laws of the Province of Quebec (Canada) and the federal laws of Canada, without reference to any rules of conflict of laws that could lead to the application of the laws of any other jurisdiction (“Governing Law”).

13. Mandatory Arbitration and

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PCI HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL IN ANY APPLICABLE JURISDICTION.

To the extent permitted by applicable law, you agree that any disagreement, dispute or claim arising out or relating to this Contract, including any question regarding its interpretation, validity, application, breach or termination must be referred to and finally resolved by arbitration, to the exclusion of all courts. The arbitration procedure will be held in the city of Montreal, Canada, and will be conducted under the aegis of a single arbitrator. The arbitration procedure will be conducted in French or in English in accordance with the provisions of the Code of Civil Procedure of Québec in force at the time of the dispute. The arbitrator will decide the matter according to the Governing Law. The decision arrived at by the arbitrator will be final, binding and without appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator will be divided equally between you and PCI.

14. Severability

If any of these Terms is held invalid or unenforceable, the remaining Terms will remain valid and enforceable to the fullest extent permitted by law.

15. Entire Agreement

This Contract, together with the terms of our Privacy Policy constitute the entire agreement between you and PCI.

16. Transfer of Rights

We may assign or transfer its rights and obligations under this Contract to any third-party. You may not assign or otherwise transfer your rights and obligations under this Contract to any third-party.

17. Contact Us

For any questions you may have concerning our services or these Terms, please contact our Customer Service:
hi@Mindbites.io

MindBites Inc. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (“Mindbites”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of MindBites after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you install MindBites or make payments. We are not responsible for any of the data collected by any such third party.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via MindBites depends on the content and materials you use, and includes:

Personal Data

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to MindBites, such as posting messages in comment sections, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile or other interactive areas of Mindbites, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses Mindbites.

Derivative Data

Information our servers automatically collect when you access MindBites, such as your native actions that are integral to MindBites, including liking, sharing, or replying to a post, as well as other interactions with Mindbites and other users via server log files.

Registration on this Website

You can register on MindBites to use our services. We only use the data entered for the purpose of using the respective offer for which you have registered. The mandatory information requested during registration, such as name and email address, must be provided, otherwise the registration can not be completed. For important changes such as the scope of the offer or in case of technical changes, we use the email address given at registration to inform you in this way. The processing of the data entered during registration takes place at your request and is required in order to be able to comply with the user contract, including precontractual measures.
The data collected during registration will be stored by us as long as you are registered for our services and will subsequently be deleted. Legal retention periods remain unaffected.

Facebook Permissions

MindBites may by default access your Facebook basic account information, including your name and email, as well as other information that you choose to make public. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Register and Login with Google Connect

Instead of a direct registration / login on our website, you can also register via Google. Provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Irland. If you decide to register / login with Google and click the "Sign in with Google" button, you will automatically be redirected to Google's platform. There you can log in with your usage data. This will link your Google profile to our website or services. This link gives us access to your data stored on Google. These are above all: First name | Surname | E-mail address.
This information is used to set up, provision and personalize your accounts. For more information, see the Google Terms of Service and the Google Privacy Policy. Google complies with the privacy policy of the US Privacy Shield, is registered with the U.S. Department of Commerce's US Privacy Shield Program, and thus provides appropriate guarantees for an appropriate level of privacy.

Geo-Location Information

We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using MindBites, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access

We may request access or permission to certain features from your mobile device, including your mobile device’s bluetooth, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

Push Notifications

We may request to send you push notifications regarding your account or MindBites. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant MindBites permission to access this information.

Data From Surveys

Personal and other information you may provide when responding to surveys.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via MindBites to:

1. Administer surveys.
2. Assist law enforcement and respond to subpoena.
3. Compile anonymous statistical data and analysis for use internally or with third parties.
4. Create and manage your account.
5. Deliver targeted advertising, coupons, newsletters, and other information regarding MindBites to you.
6. Email you regarding your account.
7. Generate a personal profile about you to make future visits to MindBites more personalized.
8. Increase the efficiency and operation of MindBites.
9. Monitor and analyze usage and trends to improve your experience with MindBites.
10. Notify you of updates to MindBites.
11. Offer new products, services, mobile applications, and/or recommendations to you.
12. Perform other business activities as needed.
13. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
14. Request feedback and contact you about your use of MindBites.
15. Resolve disputes and troubleshoot problems.
16. Respond to product and customer service requests.
17. Send you a newsletter.
18. Solicit support for MindBites.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of MindBites, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, liking clips and sharing clips.

Online Postings

When you post comments, contributions or other content to MindBites, your posts may be viewed by all users and may be publicly distributed outside Mindbites in perpetuity.

Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Information, Correction, Deletion, Blocking, Data Transferability

You have the right at any time to request information about your personal data processed by us free of charge. In particular, you may request us to provide information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right of rectification, deletion, limitation of processing or opposition, passing a right of appeal, the origin of their data, if not collected by us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about your details. You have the right to request the immediate correction of incorrect or incomplete personal data of you stored by us. You have the right to request the deletion of your personal data stored by us, except in cases where the processing of the data is required for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims. You have the right to receive your personal information that you have provided to us in a structured, common and machine-readable format or to request that it is sent to another person in charge.

TRACKING TECHNOLOGIES

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on MindBites to help customize the Application and improve your experience. When you access MindBites, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of Mindbites. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Website Analytics

We may also partner with selected third-party vendors[, such as [Google Analytics,][Kissmetrics,][Mixpanel,] and others], to allow tracking technologies and remarketing services on MindBites through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following:

[Google Analytics Opt-Out Plugin]
[Google Ads Settings Page]
[Kissmetrics Opt-Out Feature]
[Mixpanel Opt-Out Cookie]

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

HOSTING & ANALYSIS

Google Firebase

On May 25th, 2018, the EU General Data Protection Regulation (GDPR) replaced the 1995 EU Data Protection Directive. On January 1, 2020, the California Consumer Privacy Act (CCPA) takes effect. Google is committed to helping our customers succeed under these privacy regulations, whether they are large software companies or independent developers.

The GDPR imposes obligations on data controllers and data processors, and the CCPA imposes obligations on businesses and their service providers. Firebase customers typically act as the "data controller" (GDPR) or "business" (CCPA) for any personal data or information about their end-users they provide to Google in connection with their use of Firebase, and Google generally operates as a "data processor" (GDPR) or "service provider" (CCPA).

This means that data is under the customer's control. Customers are responsible for obligations like fulfilling an individual's rights with respect to their personal data or information.

Cloudinary

We, at Cloudinary Ltd. and its affiliates, put great efforts in making sure that we secure your personally identifiable information and use it properly.

This policy explains our privacy practices for processing your personally identifiable information as a user of our Cloudinary cloud-based image management solution, on the Cloudinary website and through other registration or contact channels (the “Service“). We process your personally identifiable information subject to the terms of this policy.

The summary of this policy will give you a quick and clear view of our practices.

THIRD-PARTY WEBSITES

Mindbites may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

OPTIONS REGARDING YOUR INFORMATION

Account Information

You may at any time review or change the information in your account or terminate your account by:

• Logging into your account settings and updating your account
• Contacting us using the contact information provided below

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

• Contacting us using the contact information provided below

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:
hi@Mindbites.io