Terms of Service

Table of Contents

Description of Service
1. Content
2. Artificial Intelligence
3. Email Marketing
4. Social Media
5. Marketing Services
Technology
1. Marketing by Numbers Content Center
2. Email Marketing and CRM
Modification of Terms of Service
User Obligations
Personal Information and Privacy
Communications From Marketing by Numbers
Fees and Payments
Suspension and Termination
Marketing Content Ownership
1. Articles
2. Videos
3. Affiliation Content
4. Client Content
Data Ownership
Data Retention
Third Party Services and Acceptable Use
1. Account Security
2. Spamming and Illegal Activities
3. Content Creation
4. User Generated Content
5. Artificial Intelligence Services
Trademark
Disclaimer of Warranties
Limitation of Liability
Indemnification
Arbitration
Governing Law
Severability
Entire Agreement
Contact Us

Last updated: September 21, 2026

These Terms of Service (the “Terms”) govern your use of the Marketing by Numbers (“We” or “Our”) websites, platform, and services (the “Services”), so please carefully read them before using the Services.

By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Marketing by Numbers and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.

1) Description of Service

Marketing by Numbers provides a comprehensive marketing platform and related marketing services created specifically for accounting firms. The Services include tools and resources to help firms create, customize, collaborate on, publish, and distribute marketing content.

1.1) Content

Marketing by Numbers provides access to professionally written articles that you may customize, professionally created videos accompanied by branded whitepapers, and, where applicable, Affiliation Content made available through affiliations, partnerships, associations, or other third party content arrangements. Articles and videos cover various accounting, financial, business, and related topics. Videos may be branded for your firm but cannot be edited or modified.

You may also upload and publish your own content through the Services. Depending on your subscription and Services, you may have access to additional tools that allow you to create new content, use artificial intelligence-assisted content creation tools, gather insights from subject matter experts, and collaborate with others during the content creation and approval process.

Articles and videos may be published to a custom branded Resource Gallery, subdomain, or directly integrated into a WordPress website. For content published through the Services, Marketing by Numbers may provide email templates and a selection of images that may be used as featured images or social media images.

1.2) Artificial Intelligence

Certain Services include artificial intelligence and automated technologies that assist with content research, topic planning, content creation and customization, interviews, transcription, and other marketing activities. AI-powered features may process prompts, instructions, source materials, audio, interview responses, documents, links, or other information provided by users to generate content, transcripts, recommendations, summaries, drafts, or other output. Additional terms regarding the use of artificial intelligence and AI-generated content are provided below.

1.3) Email Marketing

Depending on your subscription and Services, Marketing by Numbers provides tools and services to create, customize, and distribute branded marketing emails. This may include branded email templates, newsletter templates, an email template builder, integration with third-party email marketing platforms, and email distribution services.

1.5) Marketing Services

Marketing by Numbers may provide additional marketing support services, including the Marketing Facilitator Service. Depending on the Services selected, Marketing by Numbers may assist with content planning, content publishing, email marketing, social media management, contact management and segmentation, and certain website-related marketing activities. The specific services provided will depend on your subscription, service agreement, or other arrangement with Marketing by Numbers.

2) TECHNOLOGY

2.1) Marketing by Numbers Content Center

The Marketing by Numbers Content Center Hub is our custom-built content management and marketing platform. It allows you to search, select, create, customize, manage, and publish content to your Resource Gallery. Depending on your subscription and Services, the Content Center Hub may also provide access to artificial intelligence-powered tools, content research and topic planning tools, content collaboration, email templates, social media management, content monitoring, reporting, and other tools designed to support your firm's content marketing activities.

For content published through the Services, you can select images for website and social media use, manage published content, and access tools and features available with your subscription. You and authorized colleagues may also receive alerts and notifications related to content, collaboration, approvals, and other activity within the Services.

2.2) Email Marketing and CRM

Marketing by Numbers provides email marketing tools that allow you to create and customize branded email templates. Email templates may be used within the Services, or you may copy the HTML code for use with compatible third-party email marketing platforms.

Marketing by Numbers integrates with BenchmarkONE, a third-party sales and marketing platform that may be used to manage contacts, send emails, and track contact engagement. Access to BenchmarkONE may be available depending on your subscription and Services. Users who use BenchmarkONE through the Services must adhere to the applicable BenchmarkONE Terms of Service and Privacy Policy.

We may add, remove, or replace any software, technology, or marketing content to or from our Services at our discretion.

3) MODIFICATION OF TERMS OF SERVICE

We may modify the Terms upon notice to you at any time. Any modifications will be effective when the updated Terms are posted or otherwise made available through the Services. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Services after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

4) USER OBLIGATIONS

The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Marketing by Numbers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Marketing by Numbers may terminate your current or future use of any or all of the Services.

5) PERSONAL INFORMATION AND PRIVACY

Personal information collected, provided, or processed through the Services is governed by the Marketing by Numbers Privacy Policy. Your election to use the Services indicates your acceptance of the terms of the Marketing by Numbers Privacy Policy.

6) COMMUNICATIONS FROM MARKETING BY NUMBERS

The Services may include certain communications from Marketing by Numbers, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. You may opt out of receiving newsletters and other marketing communications from us at any time. However, you will not be able to opt out from receiving service announcements and administrative messages.

7) FEES AND PAYMENTS

Subscriptions to paid Services are available on monthly or semi-annual subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card, you agree to update your payment information within the Services.

You can choose to be invoiced directly for the semi-annual payment option. In this case, you will receive an invoice 30 days prior to your renewal, to be paid by your renewal date.

Marketing by Numbers reserves the right to change the subscription fee by providing you notice 30 days in advance of any pricing change. You will not be charged for using any Services unless you have opted for a paid subscription plan. Information on the standard subscription plans can be found at www.marketingbynumbers.io/pricing.

Your satisfaction is our top priority. If you are not completely satisfied within the first 30 days from initial purchase, you can receive a full refund for all fees.

8) SUSPENSION AND TERMINATION

You have the right to terminate the service at any time. Once you terminate service, your credit card will not be charged again, but you are responsible for any charges already incurred. We do not offer partial refunds for any unused time that you may have already paid for, except if a refund is requested within the first 30 days of use. There is no way to restore your data once your subscription has been canceled.

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know in advance; however, there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your use of the Services immediately.

You understand that upon termination, you will not have access to the Services and certain Services may not work. Upon termination, you may not use Marketing by Numbers owned or licensed marketing content, including custom branded videos, whitepapers, Affiliation Content, or other Marketing by Numbers content created or provided in connection with the Services, except where otherwise permitted under these Terms. Content created or uploaded by you through the Services remains subject to the applicable ownership provisions of these Terms.

9) MARKETING CONTENT OWNERSHIP

Marketing by Numbers provides a library of marketing content that includes articles, videos, and accompanying whitepapers.

9.1) Articles

Marketing by Numbers articles are owned by Marketing by Numbers and are provided for use in connection with the Services. You may customize Marketing by Numbers articles for your firm. Marketing by Numbers articles, including articles customized by you, may remain on your website following termination of the Services. Marketing by Numbers remains the original author of the underlying content, and the content may not be copyrighted, trademarked, or redistributed.

9.2) Videos

You are granted a limited license to use Marketing by Numbers videos in connection with your use of the Services, including publishing branded videos to your primary website. Marketing by Numbers retains ownership of its video content and any branded versions of that content. Upon termination of the Services, Marketing by Numbers videos and accompanying branded whitepapers must be removed from your website and may no longer be used.

9.3) Affiliation Content

Content provided through Marketing by Numbers as a result of an affiliation, partnership, association, or other third party content arrangement may only be used while you are authorized to access that content through the Services. Upon termination of the Services or the applicable affiliation or content arrangement, such content must be removed and may no longer be used.

9.4) Client Content

You retain ownership of articles and other content that you create or upload through the Services, whether created independently or with the assistance of artificial intelligence features available through the Services. You may continue to use this content following termination of the Services. You are responsible for ensuring that you have the necessary rights and permissions for any content you upload to or create using the Services.

10) DATA OWNERSHIP

For clients using BenchmarkONE through the Services, your Contact Database provided to Marketing by Numbers is and will remain your property. We will not sell, distribute or make public your list of contacts. Upon termination of your agreement, you may export your contact data in the form of a CSV file. Marketing by Numbers will no longer use this data, and we will cancel the BenchmarkONE account maintained on your behalf. Any data remaining in BenchmarkONE after cancellation is subject to BenchmarkONE’s own data retention and deletion practices.

Upon cancellation of the Marketing by Numbers service, you may keep your BenchmarkONE account by subscribing directly with BenchmarkONE at its current retail pricing. If you choose this option, Marketing by Numbers’ access to your account, and any users we added to it, will be removed.

Aggregate Reporting: Marketing by Numbers may use data for the purposes of aggregate reporting and product improvement in an anonymous manner.

11) DATA RETENTION

Upon cancellation of the Marketing by Numbers service, your access to the Services will be terminated, and your data will be deleted or retained in accordance with the Marketing by Numbers Privacy Policy and applicable legal requirements. Marketing by Numbers may also remove or terminate accounts with third-party services provided as part of the Marketing by Numbers service. However, if you choose to continue using BenchmarkONE, we will transfer your existing account, including its data, to you.

12) THIRD-PARTY SERVICES AND ACCEPTABLE USE

Certain Services may integrate with or rely on third-party technologies and service providers. When your use of the Services includes access to a third party service, you agree to comply with any applicable terms and policies of that third party.

12.1) Account Security

If you are provided access to the Services, you are responsible for safeguarding the password that you use to access the Services, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized acts and/or use of your user account, or otherwise. You should immediately notify Marketing by Numbers of any unauthorized use of your account.

12.2) Spamming and Illegal Activities

When using the Services, you agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or infringes or may infringe intellectual property or other rights of another.

You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

12.3) Content Creation

Content that you upload, input, or otherwise provide through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, share, or otherwise use Content unless you have the right to do so. You, not Marketing by Numbers, will be responsible for ensuring that you have the necessary rights and permissions for Content you copy, upload, input, publish, download or otherwise use while using the Services.

12.4) User Generated Content

In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization, or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner.

Further, by making any content available in the manner aforementioned, you expressly agree that Marketing by Numbers will have the right to block access to or remove such content made available by you, if Marketing by Numbers receives complaints concerning any illegality or infringement of third party rights in such content.

By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Marketing by Numbers for this purpose.

12.5) Artificial Intelligence Services

Certain Services use artificial intelligence and other automated technologies to assist with content research, topic planning, content creation and customization, interviews, transcription, and other marketing activities.

When using artificial intelligence features, you may provide prompts, instructions, source materials, audio, interview responses, documents, links, or other content (“Input”). The Services may process this Input to provide generated text, transcripts, recommendations, summaries, drafts, or other content (“Output”).

You are responsible for the information and materials that you choose to submit through the Services. The Services may also use or process publicly available information and content identified or made available through features such as Content Monitoring.

Artificial-intelligence generated Output may contain errors, omissions, inaccuracies, or incomplete information. You are responsible for reviewing, editing, and approving Output before publishing, distributing, or otherwise relying upon it. Marketing by Numbers does not guarantee that artificial intelligence-generated Output will be accurate, complete, unique, or suitable for any particular purpose.

The Services and artificial intelligence generated Output are intended to assist with marketing and content creation and are not a substitute for professional accounting, tax, legal, financial, or other professional advice.

Marketing by Numbers may use third-party artificial intelligence providers to process Input and generate Output through the Services. Input, including prompts, uploaded documents, interview audio, transcripts, and other submitted materials, is treated as confidential and is used only to provide the requested Services. Input is not used by Marketing by Numbers or its third-party artificial intelligence providers to train artificial intelligence models and is not shared with other clients or made publicly available unless you choose to publish or share it through the Services.

13) TRADEMARK

Marketing by Numbers, the Marketing by Numbers logo, the names of individual services and their logos are trademarks of Marketing by Numbers. You agree not to display or use, in any manner, the Marketing by Numbers' trademarks without Marketing by Numbers prior permission.

14) DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MARKETING BY NUMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETING BY NUMBERS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. MARKETING BY NUMBERS MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF CONTENT OR OTHER OUTPUT GENERATED OR ASSISTED BY ARTIFICIAL INTELLIGENCE THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MARKETING BY NUMBERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15) LIMITATION OF LIABILITY

YOU AGREE THAT MARKETING BY NUMBERS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MARKETING BY NUMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MARKETING BY NUMBERS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL MARKETING BY NUMBERS’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

16) INDEMNIFICATION

You agree to indemnify and hold harmless Marketing by Numbers, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Marketing by Numbers.

17) ARBITRATION

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Marketing by Numbers may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

18) GOVERNING LAW

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles, except to the extent that applicable laws in your jurisdiction cannot be excluded or limited by agreement.

19) SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

20) ENTIRE AGREEMENT

These Terms, together with the Marketing by Numbers Privacy Policy and any applicable service agreement, subscription agreement, order form, or other agreement between you and Marketing by Numbers, constitute the entire agreement between you and Marketing by Numbers regarding the Services and supersede any prior agreements, communications, or understandings relating to the Services.

21) CONTACT US

If you have any questions or concerns regarding our Terms of Service, please contact us.

Marketing by Numbers, Inc.
8816 Manchester Rd.
Suite 111
St. Louis, MO 63144
(314) 433-5800
support@marketingbynumbers.io