Terms of Service Policy

DEMAND METRIC

TERMS OF SERVICE POLICY

Last Updated: March 24, 2025

Welcome to Demand Metric Research Corporation and/or its affiliates (“Demand Metric,” “we,” “us,” or “our”). We provide access to our websites—including www.demandmetric.com—and(link is external) associated products, services, applications, and digital platforms (collectively, the “Services”). 

By using or accessing our Services, you (“you” or “User,” which includes the business you operate, if any) agree to these Terms of Service (“Terms” or “Agreement”). If you do not agree, you must not access or use our Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 16). THIS AFFECTS YOUR RIGHTS ABOUT HOW DISPUTES ARE RESOLVED. YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

 

TABLE OF CONTENTS

Acceptance of These Terms & Conditions

Eligibility & General Use

User Conduct and Restrictions

Our Privacy Statement and Data Retention

Account Registration, Security & Passwords

Subscription Terms, Billing & Automatic Payments

Refund Policy

Shipping Fees (If Applicable)

Products, Services & Prices

Disclaimer – Individual Results Vary

Your Responsibilities in Running Your Business

Testimonials, Reviews & User-Generated Content

Compliance with Law; No Harassment or Interference

Disclaimer of Warranties

Limitation of Liability

Dispute Resolution by Mandatory Binding Arbitration; Class Action Waiver

Demand Metric’s Additional Remedies (Injunctive Relief)

Indemnification

Notice and Takedown Procedures (Copyright)

Third-Party Links

Termination

No Waiver

Governing Law & Venue

Force Majeure

Assignment

Electronic Signatures & Communications

Changes to These Terms

Intellectual Property; License Terms

Additional Representations and Warranties

Severability

Entire Agreement

How to Contact Us

Consent to Communications & Marketing

Client Referral Agreement
 

 

1. ACCEPTANCE OF THESE TERMS & CONDITIONS

By accessing or using any part of our Services or by creating an account, you confirm your agreement to be bound by these Terms. If you do not agree, you must not access or use our Services. If these Terms conflict with any other specific Service Terms posted for particular tools or products, those specific terms control the extent of the conflict.

 

2. ELIGIBILITY & GENERAL USE

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this Agreement.

Our Services are intended for business use, so by using them, you affirm that you operate a business or have authority to act on behalf of a business.

You agree to use our Services for lawful purposes only.

You understand and agree that by signing up for a subscription or making a purchase, you are entering into a legally binding contract with us.
 

3. USER CONDUCT AND RESTRICTIONS

You agree that you will not, under any circumstances, use our Services in ways that:

  • Violate any law, statute, or regulation (including, without limitation, those governing privacy, intellectual property, spam, and telephone/text marketing).
  • Infringe or misappropriate the intellectual property rights of Demand Metric or any third party.
  • Involve hacking, scrapers, crawlers, viruses, or other malicious code that interfere with or harm the Services or their security.
  • Engage in or facilitate any harassing, threatening, defamatory, obscene, or otherwise objectionable conduct.
  • Introduce or store sensitive personal information (e.g., social security numbers, bank account details) or the personal data of minors without proper rights or consent.
  • Collect or harvest any information from other users without their consent.
  • Interfere with our business, servers, or networks connected to the Services.
     

Subject to your ongoing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access our Services solely for your internal business use or your consulting engagements unless otherwise agreed in writing by Demand Metric.

 

4. OUR PRIVACY STATEMENT AND DATA RETENTION

Your use of the Services is subject to our Privacy Statement, which describes how we collect, use, store, and disclose personal information. Please review it carefully.

We reserve the right to modify our Privacy Statement. If you continue using the Services after we post any changes, you agree to the changes.

Data Retention: If you cancel or do not renew your subscription, we will generally retain your account data for [90 days] after cancellation or expiration. After that period, we may archive or delete the data at our discretion.
 

5. ACCOUNT REGISTRATION, SECURITY & PASSWORDS

To access certain features, you may be required to create an account. You must provide accurate and complete information and keep this information up to date.

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.

You may not share your account credentials with third parties or use anyone else’s account without their permission.

Promptly notify us if you suspect any unauthorized use of your account.
 

6. SUBSCRIPTION TERMS, BILLING & AUTOMATIC PAYMENTS

  • Subscription Plans: We offer monthly and/or annual subscription plans, which grant you access to certain premium features or content.
     
  • Free Trials: If we offer a free or discounted trial, it will convert to a paid subscription at the conclusion of the trial unless you cancel before the trial ends.
     
  • Automatic Renewal: Your subscription automatically renews at the end of each billing cycle unless you cancel at least [10 days] before the next billing date (or as otherwise specified).
     
  • Payment: By subscribing, you authorize Demand Metric to charge your credit card or other payment method for recurring fees (plus applicable taxes).
     
  • Declined Payments: If payment cannot be processed, we may suspend or terminate your account.
     

7. REFUND POLICY

Demand Metric has a no-refund policy. All subscription fees and product/service payments are non-refundable once charged. If you choose to stop using our Services before the end of a billing cycle, no pro-rated or partial refunds will be provided.
 

8. SHIPPING FEES (IF APPLICABLE)

Shipping fees and schedules will be communicated at checkout if any physical products are sold or shipped. Delivery dates are estimates only, and we are not liable for delays caused by carriers or events beyond our control. Risk of loss and title pass to you upon transfer of the item(s) to the carrier.

 

9. PRODUCTS, SERVICES & PRICES

We reserve the right to discontinue or modify any product, service, or pricing without notice.
 

If a product or service is listed at an incorrect price due to a typographical error or error in pricing information, we may cancel or refuse any orders placed at the incorrect price.
 

Ongoing or future price changes for subscriptions will take effect after a reasonable e-mail notice to you.
 

10. DISCLAIMER – INDIVIDUAL RESULTS VARY

Every business is different. Individual results— including revenue, sales, or client growth—will vary based on factors outside our control. We do not guarantee that any product, service, or advice provided through Demand Metric will result in specific financial or business outcomes. We do not provide tax, financial, or legal advice; consult a professional for guidance unique to your situation.

 

11. YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You warrant that you operate a lawful, compliant business.
 

You are solely responsible for compliance with laws and regulations that apply to your business activities, including those that govern advertising, telemarketing, refunds, and privacy.
 

You agree to indemnify us for any third-party claims arising out of or related to your violations of law or third-party rights (see Section 18).
 

12. TESTIMONIALS, REVIEWS & USER-GENERATED CONTENT

We may display testimonials, reviews, and other user-generated content (“UGC”) on our Services. Such UGC represents the unique experiences of the users submitting them and does not guarantee results.
 

By submitting testimonials, reviews, photos, videos, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and display such content in connection with our business.
 

You represent and warrant that the content you submit does not violate or infringe the rights of any third party and is not unlawful, offensive, or otherwise objectionable.
 

13. COMPLIANCE WITH THE LAW; NO HARASSMENT OR INTERFERENCE

You agree to comply with all applicable laws (including anti-spam and telephone marketing laws such as the U.S. CAN-SPAM Act, TCPA, FTC Telemarketing Sales Rule, Canadian anti-spam legislation, etc.).
 

No Harassment: You may not use our Services to harass, threaten, or harm any other person.
 

No Interference: You may not introduce or deploy any malware or disruptive code via our Services.
 

14. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, ERROR-FREE, OR UNINTERRUPTED, NOR DO WE WARRANT THAT ANY DEFECTS WILL BE CORRECTED.

 

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEMAND METRIC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT OR AFFILIATED ENTITIES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, USE, GOODWILL, OR DATA. IN ANY EVENT, OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DEMAND METRIC IN THE [SIX (6)] MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

 

16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER

  • Mandatory Arbitration: Except where otherwise prohibited by law, any dispute or claim arising from these Terms or your use of the Services that is not resolved informally must be resolved by final and binding arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada.
     
  • Class Action Waiver: All claims must be brought in a party’s individual capacity and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
     
  • Location & Governing Law: Unless both parties agree otherwise, the arbitration will be conducted [in Ontario or as otherwise specified], and judgment on the award may be entered in any court of competent jurisdiction.
     
  • Exceptions: We reserve the right to seek injunctive or equitable relief in court for alleged infringements of our intellectual property or breach of certain obligations (see Section 17).
     

17. DEMAND METRIC’S ADDITIONAL REMEDIES (INJUNCTIVE RELIEF)

If you breach (or threaten to breach) these Terms in a way that could harm our rights or reputation or infringe our intellectual property, Demand Metric may seek immediate injunctive relief in a court of competent jurisdiction, in addition to any other remedies available at law or in equity.

 

18. INDEMNIFICATION

You agree to defend, indemnify, and hold Demand Metric (including its officers, directors, employees, agents, affiliates, and licensors) harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your violation of these Terms;

Your use or misuse of the Services;

Your violation of any law or the rights of a third party.
 

19. NOTICE AND TAKEDOWN PROCEDURES (COPYRIGHT)

If you believe that any content on our Services infringes your copyright, you may notify us at info@demandmetric.com(link sends e-mail) or by mail at:

Demand Metric
Attention: Legal Department
180 Boardwalk Way,
Dorchester, Ontario, Canada, N0L1G2

Please provide all information required by the Digital Millennium Copyright Act (DMCA) or relevant local law.

 

20. THIRD-PARTY LINKS

Our Services may include links to third-party websites or services. We are not responsible for the content, accuracy, or opinions expressed in such websites or services, nor do we monitor or verify their correctness. The inclusion of any link does not imply approval or endorsement by us.

 

21. TERMINATION

We may suspend or terminate your access to the Services at any time if we suspect or determine that you have violated these Terms.

You may cancel your subscription (if applicable) at any time by contacting us. If you do not cancel at least [10 days] before your billing date, you will be charged for the next term.

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination (e.g., disclaimers, limitations of liability, indemnification, dispute resolution) shall survive.
 

22. NO WAIVER

No waiver by Demand Metric of any breach or default will be deemed a waiver of any preceding or subsequent breach or default. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

 

23. GOVERNING LAW & VENUE

Except where otherwise required by law, these Terms are governed by and construed under the laws of the Province of Ontario (without regard to conflict-of-law principles). If a dispute is deemed not subject to arbitration, you expressly agree that exclusive jurisdiction and venue shall lie in the provincial or federal courts located in Ontario, Canada.

 

24. FORCE MAJEURE

Demand Metric is not liable or responsible to you for any delay or failure to perform under these Terms when such delay or failure is caused by events beyond our reasonable control, including acts of God, war, terrorism, pandemics, labour shortages, or supply chain disruptions.

 

25. ASSIGNMENT

Demand Metric may assign or delegate these Terms and any rights or obligations hereunder without notice. You may not assign or transfer these Terms without our prior written consent.

 

26. ELECTRONIC SIGNATURES & COMMUNICATIONS

You agree that any agreements, notices, disclosures, or other communications regarding your account or use of our Services will be provided to you electronically. By creating an account, you consent to receive electronic communications from us.

 

27. CHANGES TO THESE TERMS

We may modify these Terms from time to time by posting an updated version at https://www.demandmetric.com/terms-of-use. Continued use of the Services after any such changes constitutes your consent to the updated Terms.

 

28. INTELLECTUAL PROPERTY; LICENSE TERMS

  • Ownership: All content, text, designs, graphics, trademarks, logos, and other materials (collectively “Demand Metric Content”) are owned by Demand Metric or licensed to us and are protected by international intellectual property laws.
     
  • License for Subscribers: For Users with an active subscription, Demand Metric grants you a limited, revocable, non-transferable license to download and use certain digital tools, templates, and content for your internal business needs or for client engagements where you provide consulting services.
     
  • Prohibited Conduct: You may not copy, distribute, publicly display, sell, sublicense, or otherwise exploit the Demand Metric Content beyond the scope of the license.
     

You may modify or rebrand certain templates for your own use but may not post them for public access or for unlicensed individuals.
 

You may not share access credentials or post any of our paid resources in an intranet or file-sharing system accessible by non-licensed parties.
 

29. ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent and warrant that (1) you are at least 18 (or the age of majority in your jurisdiction); (2) you have the right and authority to enter into these Terms; (3) all information you submit is truthful and accurate; and (4) you will not resell, redistribute, or export any product or service purchased through Demand Metric in violation of these Terms or applicable law.

You also represent and warrant that you are not currently under investigation or the subject of any legal action by a governmental or regulatory authority that might impact your ability to comply with these Terms.
 

30. SEVERABILITY

If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified or severed from these Terms so that the remainder remains valid and enforceable.

 

31. ENTIRE AGREEMENT

These Terms, together with our Privacy Statement and any other document expressly incorporated by reference, form the entire agreement between you and Demand Metric regarding your use of our Services and supersede all prior agreements, whether oral or written. 

 

32. HOW TO CONTACT US

For questions about these Terms or our Services, you may contact us:

33. CONSENT TO COMMUNICATIONS & MARKETING

By providing your contact information and using our Services, you consent to receive communications from Demand Metric, including:

Email, Phone, SMS/MMS, and Automated Prerecorded Messages regarding products and services offered by Demand Metric, its affiliates, or its partners.

We may sell or share your information with certain trusted third parties for direct marketing purposes, unless prohibited by law or subject to your opt-out.

Opt-Out: You may unsubscribe or opt out at any time by emailing info@demandmetric.com(link sends e-mail), calling us at +1 (519) 495-9619, or responding “STOP” to any SMS message you receive from us. Please include all relevant information (e.g., phone number, email address) to ensure we can process your opt-out efficiently.

By submitting any form on our website(s), you agree that such submission serves as your digital signature and authorization to be contacted via the provided methods—even if your number or email is on a do-not-call or other opt-out list.

You agree not to “build a case” based on repeated communications that you effectively consented to by providing your information. If you do not wish to be contacted, you must affirmatively opt-out and request the removal of your details.

 

34. REFERRAL SERVICES

 

34.1 Overview

From time to time, certain Users (“Referring Users”) may choose to refer potential customers (“Prospects”) to Demand Metric for consideration as new clients or purchasers of our Growth Platform (the “Platform”). This Section 34 governs those referral activities.

 

34.2 Qualified Leads

Definition: A “Qualified Lead” is a Prospect who (a) is not an existing Demand Metric customer or lead already in our sales pipeline; (b) appears to have a legitimate business need for the Platform; (c) has the budget and authority to purchase the Platform; and (d) otherwise meets Demand Metric’s qualification criteria.

Determination: Demand Metric retains sole discretion to determine whether a Prospect referred by a Referring User constitutes a Qualified Lead.
 

34.3 Referral Commission

Commission Amount: For each Qualified Lead that completes a first-year purchase of the Platform, the Referring User shall be entitled to receive fifty percent (50%) of that lead’s total first-year revenue actually collected by Demand Metric.

Timing of Payment: Demand Metric will use commercially reasonable efforts to pay commissions within [30] days after receiving payment in full from the referred customer.

Subsequent Years: Unless otherwise agreed in writing, no commission shall be paid on renewals, expansions, or subsequent-year sales to that same referred customer.

No Liability for Non-Closure: Demand Metric does not guarantee that a referred Prospect will result in a sale or revenue. Referring User understands and agrees Demand Metric shall have no liability if a referred Prospect does not purchase the Platform or otherwise fails to generate revenue.
 

34.4 Demand Metric’s Sales Efforts

Demand Metric will, in good faith, evaluate each Prospect’s needs and align them with the Platform’s value proposition during the sales process. However, Demand Metric alone will determine which prospects to pursue, what terms to offer, and whether to decline a deal for any reason.

 

34.5 Referring User Obligations

  • Active Customer: To be eligible to earn referral commissions, a Referring User must be an active, paying customer of Demand Metric with a current subscription to our Services at the time the referral is made and through the date of the referred customer’s initial purchase of the Platform. If the Referring User cancels or otherwise ceases to be an active paying customer before the Platform sale is finalized, no commission shall be due or payable.
  • Accurate Representation: Referring User shall not make false, misleading, or unauthorized representations about the Platform. All marketing claims must be consistent with Demand Metric’s published materials or other guidance provided by Demand Metric in writing.
  • Compliance with Laws: Referring User is responsible for complying with applicable laws (e.g., spam and privacy laws) when contacting Prospects. Demand Metric shall have no liability for any unlawful marketing practices by Referring User.
  • Independent Relationship: This referral program does not create any partnership, joint venture, or formal agency between Referring User and Demand Metric.
     

34.6 Termination of Referral Privileges

Demand Metric may terminate any User’s participation in the referral program at any time, with or without cause, by providing written notice. Upon termination, no further commissions shall accrue, except for Qualified Leads introduced prior to the termination date that close within [90] days.

 

FINAL ACKNOWLEDGMENT

By accessing or using any Demand Metric Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you have any questions, please contact us at info@demandmetric.com(link sends e-mail).