TERMS AND CONDITIONS

MAKEMI INC.
Last Updated: July 1, 2026

1. Introduction

These Terms and Conditions (“Terms”) govern the purchase and use of Social Media Brand Health Diagnostic reports (“Reports”) provided by Makemi Inc. (“Makemi,” “we,” “our,” or “us”), a Canadian Federal Corporation (Corporation No. 1387724-8). By purchasing a Report, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not proceed with purchase.

Makemi reserves the right to update these Terms from time to time. The version in effect at the time of your purchase shall govern that transaction. We encourage you to review these Terms before each purchase.

2. Definitions

  • “Target Organization” means the brand, company, or entity selected by Client for analysis.
  • “Sector Index” means Makemi’s proprietary benchmarking database, which aggregates high-level performance metrics across organizations for comparative analysis.
  • “Dimension-Level Data” means content topic distributions, funnel stage ratios, creative material classifications, posting cadence metrics, and all other analytical outputs not listed in Sections 6.1 or 9.
  • “Report” means one Social Media Brand Health Diagnostic analysis of a single Target Organization, for a single date range, accessible through Client’s account on the Makemi platform.

3. Purchase & Delivery

3.1 Report Entitlement

Each purchase entitles Client to one (1) Report for a single Target Organization covering a single date range. Additional Reports — whether for different Target Organizations, or for the same Target Organization across a different date range — require additional purchases.

3.2 Delivery Method

Reports are delivered behind a secure login, accessible through the Client’s account on the Makemi platform.

3.3 Delivery Timeline

Makemi will deliver the Report within three to five (3–5) business days after Client confirms the Target Organization’s social media profiles pursuant to Section 3.4.

3.4 Client Obligations

Client is responsible for:

  • Providing the Target Organization’s website URL at time of purchase;
  • Confirming the Target Organization’s social media account(s) before Makemi commences analysis;
  • Ensuring the Target Organization has a minimum of one (1) active social media profile with at least ten (10) posts published within the twelve (12) months preceding the purchase date.

Makemi reserves the right to decline or defer analysis if the Target Organization does not meet the minimum content threshold. In such cases, Makemi will notify Client and offer either a substitute Target Organization or a full refund.

3.5 Acceptance

Upon delivery of the Report to Client’s account, Client shall have five (5) business days to review the Report. If Client believes the Report contains a material defect, Client must notify Makemi in writing within that period, specifying the nature of the defect. Makemi shall have five (5) business days from receipt of such notice to address the defect or discuss resolution with Client. If no notice is received within the initial five-day period, the Report is deemed accepted and no refund or remedy shall be available.

4. Pricing & Payment

4.1 Pricing

Report pricing is as published at the time of purchase. All prices are in Canadian Dollars (CAD) unless otherwise stated.

4.2 Payment

Payment is due in full at time of purchase via the payment method provided at checkout. Makemi uses third-party payment processors and does not store full credit card information on its servers.

5. Refund Policy

No Refunds. Given the analytical nature of the Reports — each involving individualized research, data processing, and computational analysis — all sales are final. No refunds will be issued once Makemi has commenced analysis of a Target Organization.

The sole exception is where Makemi is unable to perform the analysis due to the Target Organization failing to meet the minimum content threshold described in Section 3.4, and no substitute Target Organization is agreed upon. In that case, Client shall receive a full refund of the purchase price for that Report.

6. Sector Index & Data Usage Rights

6.1 Public Benchmark Data

All data analyzed by Makemi is sourced exclusively from publicly available information — that is, content and metrics already accessible to any member of the public who browses the relevant social media platforms. Client acknowledges and agrees that the following high-level metrics derived from the analysis of the Client’s Target Organization(s) shall be incorporated into Makemi’s Sector Index and may be publicly displayed in association with the Target Organization’s brand name:

  • Brand name;
  • Average posts per week;
  • Average engagement rate;
  • Total number of posts analyzed by Makemi; and
  • The year(s) for which data has been accumulated for that organization.

6.2 Dimension-Level Data

Makemi shall not publicly attribute to any Target Organization any Dimension-Level Data, including but not limited to: content topic distributions, funnel stage ratios, creative material classifications, and posting cadence metrics. Such data may be used by Makemi solely in anonymized, aggregated form for the purpose of calibrating and improving its analytical models, peer group benchmarks, and benchmarking algorithms.

6.3 Perpetual License

The rights granted by Client to Makemi under this Section 6 are perpetual, irrevocable, worldwide, and royalty-free. These rights survive termination or expiry of any agreement between the parties and apply to all Target Organizations analyzed pursuant to any Report purchased by Client, whether purchased in a single transaction or across multiple orders.

6.4 No Obligation to Retain

Makemi may, at its discretion, retain or remove any Target Organization from the Sector Index. Nothing in these Terms obligates Makemi to continue displaying any particular Target Organization in the Sector Index.

7. Peer Group Methodology

Peer groups are algorithmically defined based on available data across four dimensions: Geography (Country and Target Market tier — regional, national, or international), Sector, Platform, and Follower Size. The Follower Size dimension uses a sliding window relative to the Target Organization’s follower count: peers are drawn from organizations with a minimum of 0.3 times (30%) and a maximum of 3.0 times (300%) the Target Organization’s follower count. The composition and size of any given peer group depends on the volume and quality of data available to Makemi at the time of analysis. Makemi does not guarantee a minimum number of peers within any dimension or group. Where insufficient data exists for a statistically meaningful comparison, Makemi will note this in the Report and, where feasible, expand or adjust dimensional parameters to provide the most useful comparative analysis available.

8. Intellectual Property

8.1 Makemi IP

All rights, title, and interest in and to the Reports, the Sector Index, Makemi’s analytical methodologies, algorithms, scoring models (including the Vitality Score), peer group frameworks, and all related software, data models, and documentation are and shall remain the exclusive property of Makemi Inc. No intellectual property rights are transferred to Client except the limited right to access and use Reports as set forth herein.

8.2 Client License

Upon delivery, Makemi grants Client a non-exclusive, non-transferable, non-sublicensable license to access and use the Report for Client’s internal business purposes. Client may share the Report with its own clients or prospects in the ordinary course of business, provided the Report is not resold, redistributed as a standalone product, or modified in a manner that misrepresents Makemi’s analysis.

8.3 Client Data

Client retains ownership of any information or materials Client provides to Makemi (e.g., Target Organization URLs, contact information). Client grants Makemi a limited license to use such information solely as necessary to perform the analysis and deliver the Report.

9. Confidentiality

Makemi shall treat the Target Organization’s Dimension-Level Data as confidential and shall not disclose it to any third party in attributable form, except: (a) as incorporated into anonymized, aggregated datasets per Section 6.2; (b) as required by law; or (c) with Client’s prior written consent.

For clarity, the following data points are structural dimensions of the Sector Index and are inherently identifiable to each organization listed within it, and are therefore not considered confidential Dimension-Level Data: country, target market tier, platform, and follower size. The data points that remain confidential and not attributable to any organization are: content topic distributions, funnel stage ratios, creative material classifications, and posting cadence metrics.

Client acknowledges that the public benchmark data described in Section 6.1 is not confidential information.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Makemi’s total liability for any claim arising from or relating to a Report shall not exceed the amount paid by Client for that specific Report.
  • Makemi shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost revenue, business interruption, or loss of business opportunity, regardless of the theory of liability and even if advised of the possibility of such damages.
  • Makemi provides Reports on an “as is” and “as available” basis. Makemi disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Makemi does not warrant that Reports will be error-free or that the Sector Index is complete or current.

11. Indemnification

Client agrees to indemnify and hold harmless Makemi Inc., its directors, officers, employees, and contractors from and against any third-party claims arising from: (a) Client’s breach of these Terms; (b) Client’s use of a Report in a manner not authorized by these Terms; or (c) any dispute between Client and the Target Organization.

12. Termination

12.1 By Client

Client may terminate its relationship with Makemi at any time by ceasing to purchase Reports. Termination does not affect the rights granted to Makemi under Section 6 with respect to Reports already purchased and analyzed.

12.2 By Makemi

Makemi may terminate or suspend Client’s account upon written notice if Client materially breaches these Terms and fails to cure such breach within ten (10) days of receiving notice.

12.3 Survival

Sections 6 (Sector Index & Data Usage Rights), 8 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and this Section 12.3 shall survive termination.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms 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.

13.2 Dispute Resolution

The parties shall first attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may pursue remedies at law. The courts of Ottawa, Ontario shall have exclusive jurisdiction.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any purchase confirmation provided by Makemi at checkout, constitute the entire agreement between the parties with respect to the subject matter hereof.

14.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

14.3 No Waiver

Makemi’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.4 Assignment

Client may not assign its rights or obligations under these Terms without Makemi’s prior written consent. Makemi may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

14.5 Electronic Acceptance

Client’s acceptance of these Terms via checkbox or similar electronic mechanism at the point of purchase shall constitute a valid and binding electronic signature. Makemi shall record the timestamp, IP address, and Terms version identifier associated with each acceptance.

15. Contact

For questions regarding these Terms, contact:

Makemi Inc.
39 Qualicum St
Nepean, ON K2H 7H3
Canada
Email: [email protected]

Acceptance

By checking the box at checkout and completing your purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.