Terms of Service

1. Acceptance of Terms

By accessing the website at tkmit.com, engaging TKMIT LLC ("TKMIT", "we", "us", or "our") for software engineering, design, or consulting services, or executing a project estimate or statement of work, you ("Client", "User", or "you") agree to be bound by these Terms of Service.

If you are entering into these terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. If you do not agree with any of these terms, you should not access our website or engage our services.

2. Services & Engagements

TKMIT LLC provides professional software design, native iOS and Android engineering, full-stack web application development, cloud backend infrastructure, API design, and digital consulting.

Specific project deliverables, milestones, delivery timelines, and compensation arrangements are defined in individual written project proposals, estimates, or Statements of Work ("SOW") agreed upon by both parties. Any scope alterations or additions during an engagement will be documented and agreed upon in writing prior to implementation.

3. Intellectual Property Rights

Pre-Existing Materials & Tooling: TKMIT LLC retains all ownership rights in its pre-existing libraries, generalized tools, starter kits, workflow scripts, and proprietary components developed independently of the client engagement. Where such tools are incorporated into a deliverable, TKMIT grants the Client a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, and distribute those components as embedded within the delivered software.

TKMIT Brand: The TKMIT name, logo, domain names, site designs, and proprietary product trademarks (including TOMOBI and ECARD.MA) remain the exclusive property of TKMIT LLC.

4. Client Responsibilities

To ensure timely and effective project delivery, the Client agrees to:

• Provide clear, actionable project specifications, design guidelines, and required brand assets in a timely manner.
• Supply necessary credentials, test data, developer accounts (e.g., Apple Developer Program, Google Play Console), and third-party API keys required for development and testing.
• Review deliverables, milestones, and progress updates within agreed-upon review windows.
• Warrant that all materials, assets, fonts, designs, and content supplied to TKMIT do not infringe upon any third-party intellectual property or privacy rights.

5. Fees, Invoices & Payments

All project fees, payment schedules (e.g., upfront deposit, milestone releases, or retainer models), and accepted payment methods are defined in the project agreement or commercial invoice.

Invoices are due upon receipt unless alternative net payment terms are mutually agreed upon in writing. In the event of overdue payments, TKMIT reserves the right to pause active development, withhold pending code deployments, or postpone App Store/Google Play release submissions until outstanding balances are resolved.

6. Warranties & Post-Launch Support

TKMIT LLC delivers work using industry-standard engineering practices, modern clean architecture, and rigorous testing across target devices and platforms.

Unless otherwise defined in an SOW, custom software delivered by TKMIT includes a standard 30-day post-launch warranty period, during which any reproducible software defects or bugs conflicting with the agreed functional specifications will be remediated at no additional cost. Ongoing maintenance, operating system version upgrades, and feature additions beyond the warranty period are available under dedicated support agreements.

7. Confidentiality & Non-Disclosure

Both parties agree to hold all confidential information, business data, technical architecture documents, customer details, and trade secrets received from the other party in strict confidence. Neither party will disclose confidential information to any third party without prior written consent, except as required by applicable law.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TKMIT LLC, its founder, officers, contractors, or suppliers be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, data, revenue, or business interruption) arising out of or in connection with the services or deliverables.

The total aggregate liability of TKMIT LLC under or arising out of any engagement shall be limited to the total fees actually paid by the Client to TKMIT LLC under the applicable Statement of Work in the twelve (12) months preceding the claim.

9. Governing Law & Jurisdiction

10. Contact Information

If you have any questions, clarifications, or inquiries regarding these Terms of Service or our engineering engagements, please contact us: