Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MarketingScore360™ website, the MarketingScore360 Advisor™ diagnostic, the MSI Score™ / Marketing Strength Index™ reports, and any related content, tools, emails, and services (collectively, the "Service"), operated by MarketingScore360 Advisor™ ("MarketingScore360", "we", "us", or "our").

1. Acceptance of terms

By accessing the Service, submitting an assessment, requesting a report, subscribing to updates, or otherwise using any feature, you agree to these Terms and to our Privacy Policy and Cookie Notice. If you do not agree, do not use the Service.

2. Eligibility and authorized business use

The Service is intended for business use by individuals who are at least 18 years old and legally able to enter into a contract. If you use the Service on behalf of a company, agency, client, or other organization, you represent that you are authorized to do so and to bind that organization to these Terms. You may not use the Service to submit information about a business you are not authorized to evaluate or represent, except where the information you submit is publicly available and your use is lawful.

3. Nature of the Service: informational, AI-assisted diagnostic

MarketingScore360 is an informational, AI-assisted marketing diagnostic. It combines the information you submit, publicly observable business signals, rules-based scoring, and automated analysis to produce a score and narrative guidance. The Service is not professional, legal, accounting, tax, investment, or financial advice, and it does not create an agency, fiduciary, or advisory relationship. Human review, where offered, is a professional opinion and not a warranty of any result.

4. No guarantee of outcomes

We do not guarantee any marketing, financial, sales, campaign, traffic, ranking, lead-generation, revenue, valuation, or other business outcome. Any example, benchmark, projection, or prioritized recommendation is illustrative only. Results depend on factors outside our control, including your execution, budget, market conditions, and third-party platforms.

5. Scores and recommendations are not verified performance measurements

The MSI Score™, category scores, channel scores, evidence confidence indicators, and related recommendations are diagnostic indicators derived from self-reported inputs and observable public signals. They are not audited or verified measurements of campaign performance, media delivery, spend efficiency, attribution, or return on investment unless we expressly state otherwise in writing. Scores may change as methodology, inputs, or public signals change.

6. Your information and your decisions

You are responsible for the accuracy, completeness, and lawfulness of everything you submit, including business details, contact details, website addresses, and any information about third parties. Outputs reflect what you provide; inaccurate or incomplete inputs produce inaccurate outputs. You remain solely responsible for your business decisions, budgets, and actions taken in reliance on the Service, and you should validate material decisions with qualified professionals.

7. Website-scanning authorization and permitted use

Certain features retrieve and analyze publicly accessible pages of a website you identify. By submitting a website address, you represent that you own the site, are authorized to submit it, or are otherwise permitted to request analysis of its publicly available information, and that you are not submitting a website you are prohibited from analyzing. You authorize us to access and analyze publicly available pages and signals of that site for the diagnostic.

Scanning is limited in scope: it retrieves a small number of publicly served pages, is rate-limited, and respects standard crawler directives where applicable. It does not bypass authentication, access restrictions, robots controls, paywalls, or other technical safeguards, and it may not detect every page, feature, or signal. You may not use the scanning feature to attempt unauthorized access, test security controls, scrape at scale, overload any system, or analyze content you are not permitted to access.

8. Intellectual property and trademarks

The Service, including its software, scoring methodology, report structure, text, graphics, and design, is owned by MarketingScore360 or its licensors and is protected by intellectual property laws. MarketingScore360.com™, MarketingScore360 Advisor™, MSI Score™, and Marketing Strength Index™ are claimed trademarks. We do not claim ownership of your business data, website content, trademarks, or marketing materials.

You retain ownership of everything you submit. You grant us only the limited, non-exclusive license needed to: (a) process your assessment; (b) retrieve and analyze publicly available information from a website you are authorized to submit; (c) generate, store, and deliver your report; and (d) operate, secure, troubleshoot, and improve the Service using appropriately protected, de-identified, or aggregated information. This license lasts as long as we hold the information under our Privacy Policy.

Subject to these Terms, you may use, store, and share your completed report for legitimate internal and business purposes, including with your team, advisors, investors, lenders, or the client engagement for which it was created. You may not resell, republish, or distribute reports as a standalone commercial product, or use our scoring framework, report format, or branding to build a competing offering, without our written permission.

9. Acceptable use

You agree not to:

• submit false, misleading, unlawful, or infringing information;
• impersonate any person or organization;
• interfere with, disrupt, probe, or overload the Service;
• access non-public areas, other users' assessments, reports, or tokenized links;
• use automated means to scrape, mine, or bulk-generate assessments or reports;
• reverse engineer the scoring methodology to build a competing service; or
• use the Service in violation of applicable law.

10. Third-party services and links

The Service relies on and links to third parties, including hosting and database infrastructure, email delivery, analytics, and scheduling (for example, the Google Calendar booking link). Third-party services are governed by their own terms and privacy practices. Links to other websites are provided for convenience; we do not endorse and are not responsible for third-party content, products, or availability.

11. Privacy

Our Privacy Policy explains what information we handle and the choices available to you, and our Cookies & Storage page lists the browser storage we use. Those documents are incorporated into these Terms by reference. Transactional emails required to deliver a report are separate from optional marketing or update emails, which you may unsubscribe from at any time.

12. Service availability and changes

The Service is provided on an as-available basis and is currently offered in an early-release form, with core assessment features free during the beta period. We may add, modify, suspend, limit, or discontinue features, scoring methodology, pricing, or availability at any time, and we may impose usage limits. We are not liable for any interruption, maintenance window, data-provider change, or loss of access.

13. Disclaimers

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICE AND ALL SCORES, REPORTS, AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT AUTOMATED ANALYSIS OR SCANNING WILL DETECT EVERY RELEVANT SIGNAL OR THAT ANY OUTPUT IS COMPLETE OR ERROR-FREE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETINGSCORE360 AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR WASTED MARKETING SPEND, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold harmless MarketingScore360 and its owners, employees, and contractors from and against any claims, damages, liabilities, losses, and reasonable attorneys' fees arising out of or related to your use of the Service, the information you submit, any website you ask us to scan, your violation of these Terms, or your violation of any law or third-party right.

16. Termination or suspension

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, including for suspected misuse, abusive scanning, security risk, or violation of these Terms. You may stop using the Service at any time. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, survive.

17. Governing law and jurisdiction

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. You and MarketingScore360 agree to the exclusive jurisdiction and venue of the state and federal courts located in Sacramento County, California, and each party consents to personal jurisdiction there. Nothing in this section limits either party's ability to seek injunctive relief to protect intellectual property or confidential information.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, take reasonable steps to notify you. Your continued use of the Service after an update takes effect constitutes acceptance of the revised Terms.

19. Contact

Questions about these Terms can be directed to MarketingScore360 Advisor™ at rm@heknowsbusiness.com. Privacy rights requests are handled through the process described in our Privacy Policy. For a consultation about your report, you can also use the scheduling link. Scheduling a call is not a substitute for a formal legal or privacy notice.