Terms of Use / Terms & Conditions — TPC Consult

Last updated: October 15, 2025

1) Agreement & Acceptance

These Terms of Use (“Terms”) govern access to and use of the websites, applications, portals, and professional services provided under the TPC Consult brand, operated by NM Marketing LLC (“TPC Consult,” “we,” “us,” “our”). By accessing or using the Services, creating an account, signing a proposal/statement of work (“SOW”), or clicking “I agree,” you accept these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity; “you” and “your” refer to that entity.

2) Who we are

TPC Consult — operated by NM Marketing LLC

1209 Mountain Road PL NE, STE N, Albuquerque, NM 87110, USA

Email: [email protected] | Phone: +1 872 246 7888

3) Scope of Services

TPC Consult provides consulting, implementation, automation, AI/ML solution design, system integration, training, and ongoing support (collectively, the “Services”). Specific deliverables, milestones, timelines, responsibilities, and fees may be defined in an SOW, order form, or proposal incorporated by reference.

If there is a conflict between an SOW and these Terms, the SOW controls for that engagement.

We may use subcontractors and service partners; we remain responsible for their performance.

4) Eligibility

You confirm you are at least 18 years old and have legal capacity to enter a binding contract, and you will use the Services for business/professional purposes.

5) Accounts, Access & Security

You are responsible for (i) maintaining the confidentiality of credentials, (ii) activity under your accounts, and (iii) notifying us promptly of any suspected unauthorized access. We may suspend or terminate access if we reasonably believe there is a security risk, breach of these Terms, or non-payment.

6) Client Responsibilities

You agree to:

Provide timely access to information, systems, SMEs, and decision-makers;

Obtain necessary internal approvals and third-party consents;

Maintain secure, compliant infrastructure for on-prem or private deployments;

Use the Services only for lawful purposes and in accordance with all applicable laws (including data protection, export, and anti-corruption laws);

Not upload unlawful, harmful, or infringing content; not attempt to reverse engineer or circumvent security.

Delays or additional work caused by your unavailability or scope changes may result in timeline adjustments and additional fees as set forth in change orders.

7) Data Privacy, Security & On-Prem/Private Deployments

Data Controller. You remain the controller of your own data (“Client Data”). We process Client Data solely to deliver the Services, per our Privacy Policy and any Data Processing Addendum (“DPA”) agreed by the parties.

Security. We maintain administrative, technical, and organizational safeguards aligned with industry standards. No method is 100% secure.

Hosting Models. We can deploy solutions (i) in your environment (on-prem/private cloud) or (ii) in our/third-party cloud. For on-prem/private deployments, you are responsible for infrastructure, access control, backups, and uptime.

Confidentiality. Each party will protect the other’s confidential information with at least reasonable care and use it only for the engagement. This Section survives termination.

8) Third-Party Platforms & Models

The Services may integrate with or rely on third-party platforms (e.g., cloud providers, LLMs, analytics, payment processors, CRMs). Your use of third-party tools is governed by their terms, and we are not responsible for third-party content, availability, or changes.

9) Intellectual Property (IP)

Pre-existing IP. Each party retains ownership of its pre-existing IP. Our methodologies, frameworks, software, templates, and know-how (“TPC IP”) remain ours.

Deliverables. Upon full payment, you receive a non-exclusive, worldwide, perpetual license to use project-specific deliverables we provide for your internal business purposes.

Software & Subscriptions. If we license software, models, or dashboards (including the TPC AI Suite), your rights are limited to the license scope (e.g., seat limits, environment, term) set in the SOW or license terms; no implied rights are granted.

Feedback. Suggestions or feedback you provide may be used to improve our Services without obligation to you.

10) Fees, Payments & Taxes

Invoices & Due Dates. Fees are set in the SOW or order form. Unless otherwise stated, invoices are due within 7 days of invoice date.

Late Payments. Late amounts may accrue the lesser of 1.5% per month or the maximum rate allowed by law; we may suspend work for non-payment.

No Refunds. Unless expressly stated otherwise in the SOW or mandatory law, all fees are non-refundable, including retainers, milestones, and pre-paid blocks.

Taxes. Fees exclude taxes; you are responsible for applicable taxes (excluding our income taxes).

Payment Methods. We may accept Stripe, PayPal, GoHighLevel Payments, Wise, or bank transfer.

11) Changes, Out-of-Scope & Rate Adjustments

Scope changes require mutual written approval (email sufficient) and may affect fees and timelines. Time-and-materials work is billed at the then-current rates unless otherwise agreed.

12) Communications; Email & SMS (CTIA/TCPA)

By providing your email/phone and opting in, you consent to receive transactional and marketing communications (including automated SMS). Consent is not a condition of purchase. Message/data rates may apply. You can opt out anytime (e.g., STOP for SMS, unsubscribe link for email).

13) Warranties & Professional Standards

We will perform Services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES, SOFTWARE, DELIVERABLES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY.

13A) Performance, Case Study & Media Disclaimers

Content we publish on our websites, portals, YouTube channels, social media, webinars or marketing materials (together “Public Content”) may refer to specific results such as time savings, cost reductions, error-rate improvements or revenue uplifts. All such figures are illustrative only and are based on limited samples (e.g. pilot projects, internal tests, client-reported outcomes, theoretical scenarios or benchmark assumptions). They do not constitute a guarantee, promise or warranty that you or your organization will achieve the same or comparable results.

Your actual results will depend on, among other things, your current processes, data quality, IT landscape, ERP/CRM configuration, infrastructure, change management, user training and the scope you finally implement. You remain solely responsible for validating, testing and approving any automation, workflow or AI use case in your own environment before production use, and for ensuring legal, compliance and procurement approvals inside your organization. We are not liable for decisions made solely on the basis of Public Content without an individualized engagement or statement of work.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL/DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, CONFIDENTIALITY BREACHES, OR IP INFRINGEMENT, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR US $2,000, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; some exclusions may not apply.

15) Indemnification

You agree to defend, indemnify, and hold harmless NM Marketing LLC, its officers, directors, employees, and agents against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Services in violation of these Terms or law; (ii) Client Data or content you provide; (iii) your systems or infrastructure; or (iv) your breach of Section 6 (Client Responsibilities).

16) Term; Suspension; Termination

These Terms apply from first access/use and continue until terminated. Either party may terminate an SOW for material breach not cured within 30 days of written notice. We may suspend or terminate access immediately for security risks, legal requirements, or non-payment. Upon termination: (i) your license to TPC IP and software ceases unless otherwise stated in the SOW; (ii) accrued fees become due; (iii) Sections intended to survive (e.g., confidentiality, IP, limitations, indemnities, dispute resolution) will survive.

17) Export & Sanctions Compliance

You will not export, re-export, or provide the Services or deliverables to any country, entity, or person prohibited by U.S. export control or sanctions laws. You represent that you are not located in, under control of, or a national/resident of any restricted jurisdiction.

18) Government Use

If you are a U.S. government entity or using on its behalf, the software and documentation are “commercial items” and licensed only with the rights set forth in these Terms.

19) Governing Law; Venue; Arbitration; Class-Action Waiver

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-law rules.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Seat/Venue: Bernalillo County, New Mexico, USA. Language: English. Each party bears its own legal fees and costs; administrative/arbitrator fees per AAA rules.

No class actions. Disputes must be brought individually; class, collective, or representative actions are not permitted. If the class-action waiver is found unenforceable, this Section 19 is void and disputes shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, USA, and the parties consent to personal jurisdiction and venue there.

20) Force Majeure

We are not liable for delays or failures due to events beyond reasonable control (including acts of God, labor disputes, internet or cloud outages, governmental actions, wars, epidemics).

21) Assignment

You may not assign or transfer these Terms (by law or otherwise) without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

22) Changes to the Services or Terms

We may modify the Services or these Terms from time to time. Material changes will be indicated by an updated “Last updated” date and, where appropriate, additional notice. Continued use after changes constitutes acceptance.

23) Miscellaneous

If any provision is held unenforceable, the remainder remains in effect. No waiver is effective unless in writing. These Terms (plus applicable SOWs and policies referenced) constitute the entire agreement regarding the Services and supersede prior or contemporaneous understandings on the subject.

24) Contact

TPC Consult — operated by NM Marketing LLC

1209 Mountain Road PL NE, STE N, Albuquerque, NM 87110, USA

Email: [email protected] | Phone: +1 872 246 7888