Terms of Service

1. Acceptance of Terms

By accessing or using TBM's website, services, CVRE platform, or engaging our marketing services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our services.

2. Services Description

TBM provides branding, web development, app development, digital marketing, SEO, lead generation, and CVRE (Cross-Vertical Resonance Engine) algorithmic insights. Specific deliverables, timelines, and fees are defined in individual Statements of Work (SOW) or Master Services Agreements (MSA).

3. Client Responsibilities

• Provide accurate, timely information and assets
• Designate a primary point of contact
• Grant necessary access to accounts, platforms, data
• Review deliverables promptly per agreed timelines
• Comply with applicable laws and regulations

4. Intellectual Property

Pre-existing IP: Each party retains ownership of their pre-existing intellectual property.

Deliverables: Upon full payment, client receives ownership of final deliverables (excluding TBM's methodologies, frameworks, CVRE algorithm, and tools). TBM retains a license to use deliverables for portfolio and marketing purposes.

CVRE Algorithm: The Cross-Vertical Resonance Engine, its methodologies, models, couplings, and outputs remain TBM's exclusive proprietary property. Clients receive licensed insights, not ownership of the algorithm.

5. Confidentiality

Both parties agree to protect confidential information (business plans, customer data, financials, trade secrets, CVRE methodologies) for 5 years post-engagement. Exclusions: public knowledge, independently developed, legally required disclosure.

6. Fees & Payment

• Fees per SOW/MSA; invoices net 30 days
• Late payments accrue 1.5%/month interest
• Expenses pre-approved; receipts provided
• Scope changes via written change order
• Currency: USD unless otherwise agreed

7. Warranties & Disclaimers

TBM warrants services performed professionally per industry standards. CVRE insights are algorithmic predictions based on available data — not guarantees of specific outcomes. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

8. Limitation of Liability

TBM's aggregate liability shall not exceed total fees paid by client in the 12 months preceding the claim. NEITHER PARTY LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (LOST PROFITS, DATA, BUSINESS OPPORTUNITY).

9. Termination

• Either party may terminate with 30 days written notice
• Immediate termination for material breach (uncured 15 days)
• Client pays for work completed through termination date
• Confidentiality and IP provisions survive termination

10. Governing Law & Disputes

Governed by laws of New York, USA. Disputes resolved via binding arbitration (JAMS) in New York County. Prevailing party recovers attorneys' fees.

11. General

• Entire agreement; supersedes prior agreements
• Amendments require written agreement
• No assignment without consent (except affiliates)
• Force majeure excused
• Severability: invalid provisions don't affect remainder

12. Contact

Questions about these Terms?