Particle Data Use Terms

LAST UPDATED

Last Updated: June 22, 2026

These Particle Data Use Terms are published by Mina Labs, Inc., a Delaware corporation doing business as "Particle."

1. INTRODUCTION AND ACCEPTANCE

These Particle Data Use Terms govern your access to and use of data, content and other materials provided by Particle (the "API Output") through the Exa Connect Marketplace operated by Exa Labs, Inc. These terms are published by Mina Labs, Inc. (d/b/a "Particle").

By accessing API Output through the Exa Connect Marketplace, you agree to be bound by these Particle Data Use Terms. If you do not agree to these terms, you may not access or use any API Output.

Particle reserves the right to update or modify these Particle Data Use Terms at any time. Your continued access to or use of API Output following the posting of any changes constitutes your acceptance of the updated terms.

2. DEFINITIONS

As used in these Particle Data Use Terms, the following capitalized terms have the meanings set forth below:

"API Output" means all content, data, metadata, summaries, analytics, audio clips, transcripts and other materials delivered through Particle's Podcast Intelligence API.

"Clips" means audio excerpts of Podcast Content, including AI-Identified Clips (identified using Particle's AI systems) and Filtered Clips (identified using traditional search or filtering technology).

"Derived Content" means outputs generated by Particle from Podcast Content, including Clips, Transcripts, metadata, analytics and summaries, but excluding the underlying Podcast Content itself.

"Exa Connect Marketplace" means Exa Labs, Inc.'s data marketplace platform through which you access API Output.

"Full Episode Audio" means the complete audio recording of a podcast episode.

"Particle" means Mina Labs, Inc., a Delaware corporation (d/b/a Particle).

"Podcast Content" means third-party audio content sourced from external podcast publishers and made available through Particle's API.

"Transcripts" means machine-generated textual representations of Clips or other Podcast Content produced by Particle's automated systems.

3. USE RESTRICTIONS

You will not:

  1. redistribute, resell, sublicense or make API Output available to third parties outside of the Exa Connect Marketplace;

  2. use API Output as a substitute for, or in a manner that reduces the need to access, the original source content;

  3. remove, alter or obscure any copyright notices, trademarks or attribution included in API Output;

  4. use API Output in violation of applicable law;

  5. use API Output for any unlawful, defamatory, harassing or fraudulent activity;

  6. permit any individual under the age of 13, or under the minimum age of digital consent in the applicable jurisdiction, to access API Output;

  7. use or display Clips as a substitute for listening to the full podcast episode, or in compilations that replicate a substantial portion of any single podcast episode or series;

  8. use or display Clips or Full Episode Audio in a manner that suggests endorsement by or affiliation with the podcast creator, host or content source;

  9. operate a primary or standalone podcast listening service or media player using Full Episode Audio that competes with or substitutes for the content source's own distribution channels;

  10. represent Transcripts as verbatim or authoritative records of the underlying audio content; and

  11. download, save or locally store Clips, Full Episode Audio or Transcripts outside of reasonable caching necessary for real-time display or operational functionality.

4. ATTRIBUTION

When API Output is displayed to any person, you must include the following attribution elements where such information is provided in the API Output:

  1. Source Identity: the podcast series name, episode title and the name of the podcast creator or host.

  2. Direct Link: a functional hyperlink to the original episode on its native platform, where such link is provided in the API Output.

5. COPYRIGHT AND DMCA COMPLIANCE

Particle may remove or disable access to any API Output at any time in response to copyright takedown notices, Digital Millennium Copyright Act ("DMCA") requests, or other legal process. Upon notice from Particle or Exa Labs, Inc. that any API Output is subject to a takedown or removal request, you must promptly remove all affected content from your systems, applications and any other medium under your control.

6. THIRD-PARTY CONTENT AND DISCLAIMERS

(a) Acknowledgment. API Output may contain Podcast Content created by third-party podcast creators, publishers and distributors. Particle does not own, control, endorse, sponsor or assume responsibility for any Podcast Content. The views, opinions and statements expressed in Podcast Content are solely those of the applicable content sources.

(b) No Legal Advice. Particle's decision to make Podcast Content available does not constitute legal advice or a representation that such content may be freely used for any purpose.

(c) Fair Use. Some API Output may include content that Particle accesses and processes under the fair use doctrine or other legal principles. Particle does not represent that the fair use doctrine or any other legal defense will protect you from claims by content owners. Use of such content is at your own risk.

(d) GENERAL DISCLAIMER. EXCEPT AS EXPRESSLY SET OUT IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND PARTICLE, API OUTPUT IS PROVIDED "AS IS" AND "AS AVAILABLE." PARTICLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(e) CONTENT DISCLAIMER. PARTICLE DOES NOT WARRANT THAT: (A) API OUTPUT OR PODCAST CONTENT DOES NOT INFRINGE THIRD-PARTY RIGHTS; (B) YOUR USE OF API OUTPUT WILL NOT GIVE RISE TO THIRD-PARTY CLAIMS; OR (C) PODCAST CONTENT IS LICENSED OR AUTHORIZED FOR YOUR SPECIFIC USE CASE.

(f) ACCURACY DISCLAIMER. PARTICLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY API OUTPUT, INCLUDING SUMMARIES, ANALYTICS OR INSIGHTS GENERATED BY PARTICLE'S AI SYSTEMS. TRANSCRIPTS ARE MACHINE-GENERATED AND MAY CONTAIN ERRORS. CLIPS MAY PRESENT PODCAST CONTENT OUT OF CONTEXT.

(g) AVAILABILITY. PODCAST CONTENT, CLIPS AND TRANSCRIPTS MAY BECOME UNAVAILABLE AT ANY TIME DUE TO REMOVAL REQUESTS, LEGAL PROCESS, TECHNICAL ISSUES OR CONTENT SOURCE CHANGES. PARTICLE HAS NO OBLIGATION TO MAINTAIN THE AVAILABILITY OF ANY SPECIFIC CONTENT.

7. INDEMNIFICATION

You will indemnify, defend and hold harmless Mina Labs, Inc. and its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to:

  1. your breach of these Particle Data Use Terms;

  2. your violation of applicable law in connection with your use of API Output; or

  3. your use, display or distribution of API Output.

Particle reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section 7. You agree to cooperate with Particle in the defense of any such claim.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICLE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE PARTICLE DATA USE TERMS OR YOUR USE OF API OUTPUT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF PARTICLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PARTICLE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE PARTICLE DATA USE TERMS OR YOUR ACCESS TO OR USE OF API OUTPUT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. THIRD-PARTY BENEFICIARY

Particle is an intended third-party beneficiary of your agreement to comply with these Particle Data Use Terms, whether such agreement is accepted through the Exa Connect Marketplace or otherwise. Particle may enforce any provision of these terms directly against you, independent of any action by Exa Labs, Inc. This third-party beneficiary right is irrevocable and does not require any additional acceptance or consent by Particle.

10. GENERAL

(a) Governing Law. These Particle Data Use Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions.

(b) Disputes. Any dispute arising out of or relating to these Particle Data Use Terms will be resolved exclusively in the state or federal courts located in San Francisco, California. You consent to the personal jurisdiction of such courts.

(c) Severability. If any provision of these Particle Data Use Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

(d) Entire Terms. These Particle Data Use Terms constitute the complete terms governing your use of Particle API Output through the Exa Connect Marketplace, subject to any separate written agreement between you and Particle.

(e) Contact. Questions about these Particle Data Use Terms may be directed to corporate@minalabs.io.

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