Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and The Missing Piece Software, LLC, doing business as TMP Software ("TMP Software," "we," "us," or "our"). By accessing or using our website at tmp-software.com, submitting information through our forms, creating a Partner Portal account, or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. About TMP Software

TMP Software is an AI-first software development and consulting company based in the United States. We specialize in AI solutions, custom software development, tech advisory, operations automation, software implementations, web and mobile development, and ongoing management services. We also operate a portfolio of ventures that demonstrate our methodologies in practice.

3. Our Services

TMP Software provides the following categories of services, which may be engaged through separate written agreements:

• AI Services: AI Discovery assessments, custom AI/ML development, and generative AI integration
• IT Services: Web development, mobile app development, product design, and product discovery
• Consulting: Tech advisory, operations automation, and software implementations
• Management: Ongoing website management and mobile app management

The specific scope, deliverables, timelines, fees, and terms for any professional engagement will be defined in a separate Statement of Work ("SOW"), Master Services Agreement ("MSA"), or other written agreement between TMP Software and the client. These Terms govern your use of our website and general interactions; they do not replace or modify any signed engagement agreement.

4. Website Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable federal, state, or local law
• Attempt to gain unauthorized access to any part of the website, its servers, or any connected systems
• Introduce viruses, trojans, worms, or other malicious code
• Engage in any conduct that restricts or inhibits anyone's use of the website
• Use automated tools (bots, scrapers, crawlers) to access, monitor, or copy website content without prior written consent
• Misrepresent your identity or affiliation with any person or entity

We reserve the right to restrict or terminate access to the website for any user who violates these Terms.

5. Contact Form Submissions

Our Contact page allows you to submit inquiries about our services. By submitting a Contact form, you represent that the information you provide is accurate and that you consent to our storing and using that information to respond to your inquiry. Submitting a Contact form does not create a client relationship or any obligation on our part to provide services.

6. Expert Network (Partner with Us)

Our Expert Network connects independent professionals and agencies with project-based opportunities. By registering for the Expert Network, you agree to the following:

6.1 Independent Contractor Status

Expert Network members are independent contractors, not employees, agents, partners, or joint venturers of TMP Software. Nothing in these Terms or your participation in the Expert Network creates an employment relationship. You are solely responsible for your own taxes, insurance, benefits, and compliance with applicable labor and employment laws.

6.2 No Guarantee of Work

Registration in the Expert Network does not guarantee any project opportunities, engagements, or minimum compensation. We match opportunities to skills and availability at our discretion.

6.3 Accuracy of Information

You represent that all information provided during registration and maintained in your profile is accurate, current, and complete. You agree to update your information promptly if it changes.

6.4 Project Engagements

If you are selected for a project, the specific terms of the engagement (scope, compensation, timeline, deliverables, and intellectual property rights) will be defined in a separate written agreement between you and TMP Software (or directly with the client, as applicable). These Terms do not govern the specifics of any project engagement.

6.5 Conduct

You agree to conduct yourself professionally, deliver work of reasonable quality, communicate promptly regarding availability and project status, and comply with all applicable laws. We reserve the right to remove you from the Expert Network at any time for any reason, including but not limited to unprofessional conduct, misrepresentation, or failure to perform.

7. Employment Opportunities (Work with Us)

Our Careers page and Job Board list open positions with TMP Software. By applying for a position or expressing interest through our website:

• You represent that all information you provide is accurate and complete
• You understand that submitting an application does not guarantee an interview or employment
• If you are redirected to a third-party application platform, that platform's terms of service and privacy policy will govern your submission
• Employment with TMP Software is at-will unless otherwise specified in a signed employment agreement, meaning either party may terminate the relationship at any time, with or without cause

8. Partner Portal

Expert Network members may be granted access to our Partner Portal, which provides profile management, opportunity matching, document storage, and communication features.

8.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at hello@tmp-software.com if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized access to your account.

8.2 Uploaded Content

You retain ownership of documents and files you upload to the Partner Portal. By uploading content, you grant TMP Software a limited, non-exclusive license to access, store, and use that content solely for the purpose of managing your Expert Network participation and matching you with opportunities.

8.3 Acceptable Use

You agree not to upload content that is unlawful, defamatory, infringing, or contains malware. We reserve the right to remove any content that violates these Terms.

9. Intellectual Property

All content on this website—including text, graphics, logos, images, software, page layouts, and the overall look and feel—is the property of TMP Software or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The TMP Software name, The Missing Piece Software name, and associated logos and branding are trademarks of The Missing Piece Software, LLC. You may not use our trademarks without prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website for its intended purposes. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any website content without our prior written consent.

10. Client Engagements and Service Agreements

Professional service engagements with TMP Software are governed by separate written agreements (MSA, SOW, or equivalent). In the event of any conflict between these Terms and a signed service agreement, the signed service agreement will prevail with respect to the subject matter of that engagement.

Key principles that apply to all engagements unless otherwise specified in writing:

• Intellectual property ownership for client work will be defined in the applicable engagement agreement
• All services are provided on a professional-best-efforts basis
• We maintain reasonable confidentiality of client information as described in Section 11

11. Confidentiality

We treat information shared with us in the course of business discussions, consultations, and engagements as confidential. We will not disclose your confidential business information to third parties without your consent, except as required by law or as necessary to provide our services (e.g., to team members or subcontractors working on your project under appropriate confidentiality obligations).

If your engagement requires enhanced confidentiality protections, we are happy to execute a mutual Non-Disclosure Agreement (NDA).

12. Disclaimers

Without limiting the foregoing:

• We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components
• We do not warrant the accuracy, completeness, or reliability of any content on the website, including case studies, technology descriptions, or projected results
• Information on this website (including blog posts, service descriptions, and process overviews) is provided for general informational purposes only and does not constitute professional advice
• Past project results, client outcomes, or case studies referenced on this website are illustrative and do not guarantee similar results for future engagements

13. Limitation of Liability

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law. In all cases, our total aggregate liability to you for all claims arising out of or related to your use of the website shall not exceed one hundred U.S. dollars ($100.00).

For professional service engagements, limitation of liability terms will be defined in the applicable engagement agreement, which will supersede this section with respect to that engagement.

14. Indemnification

You agree to indemnify, defend, and hold harmless TMP Software, its officers, directors, members, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the website
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content you upload or submit through the website or Partner Portal
• Your participation in the Expert Network, including any work performed for clients
• Any claim by a third party related to your services, work product, or conduct

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or your use of the website shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), with the arbitration conducted in the State of Delaware.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against TMP Software.

16. Termination

We reserve the right to suspend or terminate your access to the website, Partner Portal, or Expert Network at any time, with or without cause, and with or without notice. Upon termination:

• Your right to access the Partner Portal and any associated features will cease immediately
• You may request deletion of your data in accordance with our Privacy Policy
• Sections of these Terms that by their nature should survive termination will remain in effect, including Sections 9 (Intellectual Property), 11 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Governing Law)

You may terminate your participation in the Expert Network at any time by contacting us at hello@tmp-software.com.

17. Changes to These Terms

We may modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page. For material changes, we will make reasonable efforts to notify affected users (for example, by posting a notice on the website or emailing Partner Portal users).

Your continued use of the website or services after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the website and, if applicable, request closure of your Partner Portal account.

18. Contact Us

If you have questions about these Terms of Service, contact us at:

The Missing Piece Software, LLC
Email: hello@tmp-software.com
United States

You may also reach us through our Contact page.