Third-party data terms

Schedule B · Particle

Publisher
Mina Labs, Inc., doing business as Particle
Version
B-1.0.0
Effective
2026-09-21
SHA-256
80c0ab231ae68de3ef45c9ee17418e16208d7a37de80f7525a6555c9463f02ee

publisher: Mina Labs, Inc., doing business as Particle version: B-1.0.0 effective: 2026-09-21 schedule: B materiality: material changes: Finalized Source Schedule published; replaces the retained draft. provider_terms_name: Particle Data Use Terms provider_terms_url: https://particle.pro/legal/tos-data-use-marketplace provider_terms_hash: e78ab4073881a4adb90c51aa1ec5036d3dd75fe928ac17aeab2b3611dff36cbc provider_terms_version: 2026-07-23

Source Schedule B: Podcast Intelligence Data (Particle)

Schedule version: B-1.0.0. Provider: Mina Labs, Inc., a Delaware corporation, doing business as Particle. Provider Terms incorporated: the Particle Data Use Terms published at https://particle.pro/legal/tos-data-use-marketplace (Last Updated July 23, 2026; hash recorded at acceptance).

B.1 The data. Content, data, and materials delivered from Particle's Podcast Intelligence API: podcast metadata, summaries, analytics, and insights generated by Particle's systems; audio excerpts of podcast episodes ("Clips"); machine-generated transcripts ("Transcripts"); complete episode audio where Particle provides it ("Full Episode Audio"); and links to the original episodes (together, "Podcast Data"). Podcast Data includes third-party podcast content that Particle does not own.

B.2 Particle's own terms apply, and you accept them here. Particle requires everyone who receives Podcast Data through Firecrawl to accept the Particle Data Use Terms. Firecrawl presents them to you together with this Schedule, and your acceptance of this Schedule is also your acceptance of the Particle Data Use Terms in the version presented. The Particle Data Use Terms are part of this Schedule. Where they and this Supplement both address a subject, the provision that more strictly limits use of Podcast Data controls. Under Section 10.3, Particle is an intended third-party beneficiary of your acceptance and may enforce the Particle Data Use Terms and this Schedule directly against you, after first notifying Firecrawl.

B.3 Approved Use. Discovering, searching, summarizing, and analyzing podcast content, and presenting the results within your own applications and workflows in response to queries made through the Services, in real time. Podcast Data is delivered to answer the query that requested it.

B.4 Restrictions. In addition to the Particle Data Use Terms, you will not, and will not permit anyone acting through your account to:

(a) Redistribute, resell, sublicense, or make Podcast Data available to anyone other than your own authorized users, or outside the responses in which Firecrawl delivers it.

(b) Use Podcast Data as a substitute for the original podcast, or in a way that reduces the need to access the original episode on its native platform.

(c) Use or display Clips as a substitute for listening to the full episode, or in compilations that replicate a substantial portion of any single episode or series.

(d) Operate a podcast listening service or media player using Full Episode Audio that competes with or substitutes for the content source's own distribution, or use Podcast Data to build a product or service whose primary purpose is to compete with Particle's API.

(e) Use or display Clips or Full Episode Audio in a way that suggests endorsement by, or affiliation with, the podcast creator, host, or content source.

(f) Represent Transcripts as verbatim or authoritative records of the underlying audio.

(g) Download, save, or store Clips, Full Episode Audio, or Transcripts, other than (i) transient caching necessary for real-time display and the operation of your application, (ii) retaining a response you received, unaltered, so that your users can view that prior response, for as long as your access to this source continues, and (iii) retention required by law, used for no other purpose.

(h) Reuse stored Podcast Data to answer a later or different query. Each query is served by a new request through the Services.

(i) Where an Automated Agent handles Podcast Data, allow it to retain that data beyond the session context or short-term memory reasonably necessary to process the immediate request. No persistent storage by agents.

(j) Use Podcast Data to train, fine-tune, validate, or otherwise develop any machine learning model, neural network, artificial intelligence system, or similar technology.

(k) Remove, alter, or obscure any copyright notice, trademark, or attribution included in Podcast Data.

(l) Knowingly permit any individual under 13, or under the minimum age of digital consent where they are located, to access Podcast Data.

(m) Use Podcast Data for any unlawful, defamatory, harassing, or fraudulent activity, or in violation of applicable law.

(n) Reverse engineer, decompile, or disassemble Particle's systems, or use Podcast Data in a manner that could damage, disable, or impair them.

B.5 Attribution. Whenever you display Podcast Data to any person, you will show the attribution Firecrawl delivers with it, and at minimum, where the information is included in the data: the podcast series name, the episode title, the name of the podcast creator or host, and a functional link to the original episode on its native platform.

B.6 Takedowns. Particle removes or disables content in response to copyright takedown notices, DMCA requests, and other legal process. When Firecrawl or Particle notifies you that Podcast Data is subject to a takedown or removal, you will remove all affected content from your systems, applications, response histories, and any other medium under your control promptly, and in any event within forty-eight (48) hours of the notice. Particle terminates access for repeat infringers, and Firecrawl will do the same.

B.7 What you are accepting about the content. Podcast Data includes content created by third parties. Particle may not hold licenses from the podcast creators and publishers for that content; Particle accesses publicly available content and makes it available on its own assessment of its rights, including under the fair use doctrine, and the content owners may not share that assessment. Neither Particle nor Firecrawl represents that Podcast Data is licensed or authorized for your use case, that it does not infringe third-party rights, or that your use will not give rise to claims. Summaries and analytics are generated by automated systems and may be inaccurate; Transcripts are machine-generated and may contain errors; Clips may present content out of context. Podcast Data may become unavailable at any time. You use it at your own risk, and claims arising from your use, display, or distribution of Podcast Data are your responsibility under Section 10 and the Particle Data Use Terms.

B.8 End of access. When your access to this source ends for any reason, including the end of Firecrawl's agreement with Particle, you will delete all Podcast Data in your possession or control, including response histories, and cease using it, within thirty (30) days after Firecrawl tells you, retaining only what law requires and using it for no other purpose. Section 7.2 applies.

B.9 Updates by Particle. Particle may update the Particle Data Use Terms. Firecrawl will present material updates under Section 11.2 and other updates under Section 11.3, and the version you accepted is the one in your Acceptance Event.

B.10 Export controls. You will not export, re-export, or transfer Podcast Data to any embargoed jurisdiction or restricted party, or use it in connection with any end use prohibited by U.S. export control law. You represent that you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions, and are not identified on any U.S. government restricted party list.

B.11 Suspension. Firecrawl may suspend or terminate your access to Podcast Data or to the Services on breach of this Schedule or the Particle Data Use Terms, or where Particle requires it. This Schedule survives for as long as you retain or use Podcast Data.

Incorporated Provider Terms

Particle Data Use Terms

LAST UPDATED

Last Updated: July 23, 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 any authorized third-party marketplace, platform, or distribution channel ("Authorized Marketplace"). These terms are published by Mina Labs, Inc. (d/b/a "Particle").

By accessing API Output through an Authorized 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.

"Authorized Marketplace" means any third-party data marketplace, platform, or integration channel authorized by Particle through which you access API Output.

"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.

"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:

  • redistribute, resell, sublicense or make API Output available to third parties outside of the applicable Authorized Marketplace;

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

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

  • use API Output in violation of applicable law;

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

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

  • 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;

  • 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;

  • 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;

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

  • 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:

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

  • 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 the operator of the applicable Authorized Marketplace 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:

  • your breach of these Particle Data Use Terms;

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

  • 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 an Authorized Marketplace or otherwise. Particle may enforce any provision of these terms directly against you, independent of any action by the operator of the Authorized Marketplace. 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 any Authorized 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.