Terms of Service

These Terms of Service govern access to and use of the website, inquiry flows, and service relationships offered by TMM Trading. By visiting this website, submitting information through any on-site inquiry form, requesting a proposal, or engaging TMM Trading for digital services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you should not use the website or engage the company for services.

TMM Trading provides business-focused digital services, including but not limited to custom software development, web application development, mobile application development, MVP planning, interface design coordination, product structuring, and related implementation support. All services are business services. Nothing on this website should be interpreted as legal advice, financial advice, investment advice, regulated engineering certification, or any guarantee of business outcome.

1. Scope of Services

TMM Trading offers custom digital work tailored to the needs of each client. The exact scope of any service engagement depends on the proposal, statement of work, estimate, invoice, written correspondence, milestone plan, and other project materials approved between the parties. Website descriptions are illustrative in nature and do not create an obligation for TMM Trading to provide any specific feature set, delivery format, integration, or timeline unless such terms are expressly confirmed in writing.

Because software and digital product work vary significantly by complexity, integration demands, third-party platform dependencies, security requirements, content readiness, and stakeholder availability, all scopes are interpreted according to reasonable commercial standards and the specific materials approved for the project. Any item not explicitly included in the agreed project scope is outside scope and may require a revised estimate, timeline update, or separate agreement.

2. Eligibility and Business Use

This website and the services described on it are intended for use by businesses, founders, operators, teams, and authorized representatives who are legally capable of entering binding agreements. By contacting TMM Trading or entering a service relationship, you represent that you have the authority to provide project information, approve commercial terms, request changes, and authorize payment on behalf of yourself or the organization you represent.

3. Project Initiation

A project is considered initiated only when the parties have agreed on the relevant commercial and delivery terms and any required initial payment has been received, unless TMM Trading explicitly states otherwise in writing. Preliminary conversations, exploratory calls, concept discussions, estimates, or draft proposals do not obligate TMM Trading to reserve production time, maintain delivery capacity, or begin execution work.

TMM Trading may decline projects at its discretion before formal acceptance. Common reasons may include unclear scope, unreasonable deadlines, content unavailability, inadequate technical access, conflicts with operational capacity, or concerns regarding project fit.

4. Client Responsibilities

Clients are responsible for providing timely and accurate information necessary for the successful execution of the project. This may include brand materials, content, access credentials, technical documentation, product requirements, user flows, business rules, visual preferences, legal disclaimers, compliance requirements, and approvals. Delays in supplying required inputs may affect timelines, milestones, and delivery sequencing.

The client is also responsible for reviewing deliverables, feedback requests, staging builds, and revision rounds within a commercially reasonable period. If approvals are delayed, TMM Trading may adjust timelines, re-sequence work, or place the project on hold until required responses are received. TMM Trading is not responsible for delivery impacts caused by incomplete instructions, conflicting stakeholder feedback, missing content, or inaccessible third-party systems.

5. Revisions and Change Requests

All revision rights are limited to the revision structure defined in the applicable proposal, invoice, or written project agreement. Revisions are intended to refine approved direction, not to replace it with a substantially new concept after work has already been performed. Requests that materially alter the approved structure, introduce new features, expand content volume, add platforms, or change business logic may be treated as change requests.

TMM Trading reserves the right to evaluate whether a requested modification is an included revision or an out-of-scope change. Where a change request affects effort, schedule, or technical complexity, updated pricing and delivery timing may be issued before implementation begins.

6. Timelines and Delivery Estimates

Any delivery dates, launch windows, or milestone estimates are good-faith projections based on the information available at the time of estimation. They are not guarantees unless explicitly stated as fixed commitments in writing. Project speed depends on scope stability, feedback turnaround, content readiness, infrastructure dependencies, technical discoveries during execution, and third-party factors beyond TMM Trading’s direct control.

TMM Trading shall not be liable for delays caused by hosting platforms, application stores, external APIs, vendor outages, browser changes, device-specific issues, client-side delays, legal review cycles, or force majeure events.

7. Payments

Fees, payment schedules, and milestone structures are established in the applicable proposal, invoice, or commercial correspondence. Unless otherwise agreed in writing, invoices are due according to their stated terms and must be paid in full without setoff, withholding, or deduction. TMM Trading reserves the right to pause work, withhold deliverables, revoke staging access, or postpone launch activity when invoices become overdue.

Where projects are billed in stages, continuation to the next milestone may depend on payment of the preceding stage. For retained or phased work, capacity scheduling may also depend on prompt payment and ongoing responsiveness from the client.

8. Deposits and Reservation of Capacity

Initial payments, deposits, and kickoff fees compensate TMM Trading for project reservation, planning allocation, administrative preparation, and early execution work. Unless explicitly stated otherwise in writing, such payments are non-refundable once the project has been scheduled or work has begun. This is necessary because custom digital work involves blocked production time, research effort, strategic development, and resource planning that cannot always be recovered or resold once committed.

9. Intellectual Property

Upon full payment of all undisputed fees due under the project, the client receives the rights specified in the project agreement for the final approved deliverables prepared specifically for the client. Unless expressly transferred in writing, TMM Trading retains ownership of all preliminary concepts, unused drafts, internal tools, reusable frameworks, development methods, libraries, utilities, know-how, templates, scripts, and general production processes used in providing services.

Open-source software, third-party code, stock assets, fonts, APIs, plugins, infrastructure tools, and platform components remain subject to their own licenses and restrictions. The client is responsible for complying with any third-party licensing terms associated with technologies or assets selected for the project.

10. Client Materials and Permissions

The client represents that it owns or has the necessary rights to all materials supplied to TMM Trading for use in the project, including logos, copy, images, videos, trademarks, datasets, interface references, and technical materials. The client agrees not to provide materials that infringe third-party rights or violate applicable law. TMM Trading may rely on the client’s representations regarding ownership, permission, and lawful use of submitted materials.

11. Third-Party Services

Digital projects often depend on third-party software, hosting providers, domain services, cloud infrastructure, analytics services, application stores, payment processors, communication tools, plugins, and APIs. TMM Trading is not responsible for the independent actions, pricing, outages, restrictions, policy changes, or security practices of those third-party services. The client understands that external dependencies may affect timelines, costs, system behavior, and long-term maintenance obligations.

12. No Guarantee of Specific Commercial Results

TMM Trading does not guarantee specific business results, sales outcomes, fundraising success, user adoption, conversion rates, application approvals, search rankings, uptime percentages, or market performance. While the company aims to produce well-structured and commercially serious digital systems, project success depends on many variables beyond design and development quality, including business model strength, market timing, pricing, customer acquisition, operations, content strategy, and ongoing product management.

13. Warranty Disclaimer

To the maximum extent permitted by applicable law, the website and services are provided on an “as is” and “as available” basis. TMM Trading disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, and error-free operation, except to the extent such disclaimers are not permitted by law.

14. Limitation of Liability

To the fullest extent permitted by law, TMM Trading shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, business interruption, lost data, lost revenue, reputational harm, procurement of substitute services, or failed commercial opportunities, arising out of or related to the website, the services, or any project engagement.

To the extent liability cannot be excluded, the total aggregate liability of TMM Trading for any claim arising out of or relating to the services shall not exceed the total amount actually paid by the client to TMM Trading for the specific project giving rise to the claim during the three-month period preceding the event giving rise to the claim.

15. Suspension and Termination

TMM Trading may suspend or terminate access to project materials, staging links, or ongoing services if the client breaches these Terms, fails to make timely payment, becomes abusive or unreasonably disruptive, repeatedly delays the project, requests unlawful implementation, or otherwise undermines practical delivery. The client may request project termination in writing; however, all work performed, time reserved, and approved charges accrued through the termination date remain payable.

16. Confidentiality

TMM Trading will use commercially reasonable care in handling confidential business information shared for project purposes. The client also agrees to treat non-public proposals, methods, pricing structures, internal notes, and proprietary workflows of TMM Trading as confidential unless disclosure is required by law. Confidentiality obligations do not apply to information that is already public, independently developed without reference to confidential information, or rightfully received from a third party without confidentiality restrictions.

17. Website Content and Acceptable Use

You agree not to misuse the website, interfere with its operation, attempt unauthorized access to systems or infrastructure, introduce malicious code, scrape protected areas without permission, submit false or deceptive information, impersonate another person or entity, or use the website in any manner that could damage the integrity, performance, security, or reputation of TMM Trading. The website may be updated, restricted, or discontinued at any time without notice.

18. Compliance and Prohibited Requests

TMM Trading reserves the right to refuse work that, in its judgment, may violate law, infringe intellectual property, facilitate fraud, deception, abuse, spam, unlawful surveillance, or other harmful conduct. The client is solely responsible for ensuring that its business model, content, operational use case, and requested implementation comply with applicable law, platform rules, and industry-specific requirements.

19. Governing Law

These Terms of Service and any dispute arising out of or relating to the website or the services shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict of law principles, except where mandatory law requires otherwise.

20. Changes to These Terms

TMM Trading may update these Terms of Service from time to time to reflect operational, legal, technical, or commercial changes. The updated version becomes effective upon posting on the website unless a later effective date is stated. Continued use of the website or continued engagement with the company after updated terms are posted constitutes acceptance of the revised Terms.

21. Contact Information

Questions regarding these Terms of Service, project terms, or legal notices may be directed using the contact details listed below.