Terms & Conditions

1. Who We Are & What These Terms Cover

1.1 Who we are. We are TDM Corp., operating as TDM Insights ("TDM Insights", "TDM", "we", "us", "our" or terms of similar meaning). TDM Insights is a founder-to-founder advisory and software practice that helps businesses grow their organic search presence and make sharper decisions from their own data.

1.2 What we provide. Through TDM Insights we provide:

• (a) our website located at https://tdminsights.com and any related pages or subdomains (the "Website");
• (b) advisory and consulting services, including SEO, AEO and technical diagnostics, content strategy and production, website enhancement and redesign, brand-aligned marketing design, and AI coaching and advisory (collectively, the "Services"); and
• (c) the Growth Engine — a modular, white-label library of installable Claude Code skills, together with the related software, methods, validators, prompts, briefs, templates, scoring models, tooling, and know-how that comprise it (the "Growth Engine").

The Website, the Services, and the Growth Engine are referred to together as the "Offerings."

1.3 These Terms. These terms of use ("Terms") form a legally binding agreement that governs your access to and use of the Website, and your use of the other Offerings except to the extent a separate written agreement applies (see Section 1.4). Our Privacy Policy and any other policies we reference are incorporated into these Terms by reference. There are provisions in these Terms which limit our liability and impose obligations on you. Please read them carefully before using the Website.

1.4 Engagement Agreements take precedence. Paid Services and Growth Engine licences are delivered under a separate written agreement — a Statement of Work, order form, master services agreement, or similar document (each, an "Engagement Agreement"). Where an Engagement Agreement and these Terms conflict, the Engagement Agreement governs for that engagement. These Terms continue to govern your general use of the Website.

2. About These Terms

2.1 Application. By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

2.2 Changes to these Terms. We reserve the right to change or modify these Terms at any time and at our sole discretion. The "Last Updated" date at the top will always reflect the most recent version, and changes are effective when posted to the Website. Because you are bound by the version in effect each time you use the Website, you are responsible for reviewing it periodically. Your continued use of the Website after changes are posted constitutes acceptance of those changes.

3. Eligibility & Authority

3.1 Who may use the Website. You may use the Website only if you are (i) at least 18 years old or the age of majority in your jurisdiction; (ii) able to form a legally binding contract; and (iii) willing to comply with these Terms and all applicable laws.

3.2 Acting for an organization. If you use the Website or engage us on behalf of an organization, then "you" and "your" include both you and that organization, and you represent that you are authorized to bind that organization to these Terms and any Engagement Agreement.

3.3 Accurate information. You agree that any information you provide to us — through the Website, a contact or inquiry form, or in the course of an engagement — is accurate, current, and complete, and that you will keep it up to date.

3.4 Accounts and the client dashboard. Much of the Website is informational and does not require an account. We may make available to clients a secure analytics dashboard or similar account-based feature — for example, an SEO and performance dashboard delivered through a proprietary WordPress plugin — provided under the applicable Engagement Agreement. If you are given access, you are responsible for keeping your credentials confidential, for all activity under your account, for using the dashboard only as permitted by these Terms and your Engagement Agreement, and for notifying us promptly at privacy@tdminsights.com of any unauthorized access or suspected security breach. We may approve, decline, suspend, or withdraw access to any such feature at our discretion.

4. The Website & Services

4.1 Licence to use the Website. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Website for your own informational and business purposes. We reserve all other rights.

4.2 Services are governed by Engagement Agreements. Nothing on the Website is an offer to provide Services on particular terms. The scope, fees, deliverables, timelines, and other commercial terms of any engagement are set out in the applicable Engagement Agreement.

4.3 Modification and availability of the Website. We may modify, suspend, or discontinue the Website (or any part of it) at any time, in our sole discretion, with or without notice. Where practical, we will take reasonable measures to inform you of significant changes.

4.4 Maintenance and interruptions. We make reasonable efforts to keep the Website operational, but technical difficulties and maintenance may cause temporary interruptions. We do not guarantee uninterrupted or error-free availability and are not liable for any damage caused by interruptions or errors.

4.5 Third-party platforms, AI tools, and links. The Website and Services interact with, reference, or rely on third-party platforms and tools — for example, Google Search, Google Search Console, GA4, Shopify, WordPress, AI answer engines, and AI providers such as Anthropic (Claude). We do not control these third parties, do not warrant their availability or suitability, and are not responsible for their content, operation, or terms. Any links from the Website to other sites are provided for convenience only; you access them at your own risk and subject to their own terms and policies.

4.6 Fair use. We may impose reasonable limits on use of the Website where we believe usage is inconsistent with normal, fair, and reasonable use. Where practical, we will give notice before acting.

4.7 Information you submit through the Website. When you submit information through the Website — for example, a contact form, an inquiry, a diagnostic request, or a comment — you are responsible for that content. You agree not to submit anything that:

• (i) is unlawful, defamatory, obscene, harassing, threatening, fraudulent, or otherwise objectionable;
• (ii) would constitute or encourage a criminal offence or violate any law or the rights of any party;
• (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual-property or proprietary right;
• (iv) breaches any third party's privacy or personal-information rights, including disclosing another person's personal information without authorization;
• (v) contains viruses, malicious code, or other harmful files;
• (vi) is used to probe, scan, or test the vulnerability of the Website or our systems, or to circumvent any security measure; or
• (vii) sends an automated or excessive volume of requests that overloads or impairs the ordinary operation of the Website.

4.8 Fees, payment, and Stripe. Fees for Services and for any products we sell are set out in the applicable Engagement Agreement, order, invoice, or payment link we provide to you. We do not operate an on-site checkout; payments are processed by our third-party payment processor, Stripe, including through Stripe-hosted payment links. By submitting payment, you authorize the charge for the amount shown, including any applicable taxes (such as HST). Stripe handles your payment information under its own terms and privacy policy, and we do not store full payment-card numbers. Unless otherwise stated in the applicable Engagement Agreement or order, or required by law, cancellations and refunds are handled as described in that agreement or order. Invoices are payable by the date stated on them.

5. The Growth Engine & Software

5.1 What it is. The Growth Engine is a versioned, modular, white-label suite of installable Claude Code skills and related materials that a client installs into the client's own environment and points at the client's own brand and accounts. It is licensed, not sold.

5.2 Licence. Where a client is granted access to the Growth Engine under an Engagement Agreement, we grant that client a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the modules it has acquired, solely for the client's own business and in accordance with the Engagement Agreement and these Terms.

5.3 Restrictions. Except as expressly permitted in writing, you may not copy, resell, rent, lease, sublicense, distribute, publish, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source, structure, or underlying methods of the Growth Engine, nor remove or obscure any proprietary notices. You may not use the Growth Engine to build or assist a competing product or service.

5.4 Deliverables versus the engine. Subject to payment and to the terms of the applicable Engagement Agreement, the final work product produced for a client (for example, published articles, briefs, and other deliverables) belongs to that client. Client ownership extends to the final published work product, not to the Growth Engine or the underlying TDM IP that produces it, which remain ours at all times (see Section 7). Where TDM IP is embedded in a deliverable, the client receives only a non-exclusive, royalty-free licence to use it as part of that deliverable for the client's own business.

5.5 Third-party tools and AI providers. Use of the Growth Engine and certain Services may require third-party subscriptions or seats (for example, an AI provider seat such as Anthropic, or keyword and analytics tools). These are obtained by the client or passed through at cost with prior approval, and are subject to the relevant provider's own terms and privacy policies.

6. Acceptable Use & Limitations

6.1 Prohibited use. You may not use the Website or any connected systems, services, or third-party software:

• (i) in any way prohibited by law, regulation, or governmental order;
• (ii) to violate the rights of others;
• (iii) in a way that violates these Terms or encourages anyone else to do so;
• (iv) in a way that could harm the Website, our systems, a connected data source, or anyone else's use of them;
• (v) to probe, scan, or test the vulnerability of the Website or our systems, or to breach, circumvent, or disable any security or authentication measure;
• (vi) to introduce worms, trojans, time bombs, or other harmful or malicious code;
• (vii) to attempt to gain unauthorized access to the Website, our systems, networks, or the data of any other user;
• (viii) to harvest or store personal information from us or our users;
• (ix) to artificially generate traffic or links, or scrape content, for any purpose not intended; or
• (x) in a manner that sends a volume of requests that overloads or negatively impacts the ordinary operation of the Website.

6.2 No reverse engineering. You must not reverse-engineer, decompile, decode, disassemble, or otherwise derive source code or underlying methods from the Website or the Growth Engine.

6.3 Technical limitations. You must comply with any technical limitations of the Website and use it only as intended; you may not work around those limitations by any means.

6.4 Suspension or termination. If, in our reasonable discretion, you abuse the Website, fail to comply with these Terms, or pose a threat to our systems or to others' use of the Website, we may suspend or terminate your access, with or without notice, and take any appropriate administrative or legal action.

7. Intellectual Property

7.1 TDM IP. Except for content you submit and except as expressly set out in an Engagement Agreement, all materials available through or comprising the Offerings — including the Website content, design, organization, look and feel, and source and object code, and the Growth Engine, its skills library, methods, validators, prompts, briefs, templates, scoring models, tooling, and know-how, together with any improvements or derivatives (the "TDM IP") — are owned by TDM Corp. and protected by copyright, trademark, and other intellectual-property laws. All rights are expressly reserved. You agree that you will not (i) copy, reproduce, sell, publish, distribute, share, display, sublicense, or otherwise provide access to the TDM IP except as authorized in writing or by these Terms; (ii) modify, alter, or create derivative works of the TDM IP; or (iii) remove, alter, or obscure any proprietary notice.

7.2 Trademarks. TDM Insights, TDM Corp., The Gourmet Host, the Growth Engine, and our logos, product names, and slogans are trademarks of TDM Corp., and may not be used, copied, or imitated, in whole or in part, without our prior written permission. The look and feel of the Website, including its interface, graphics, and scripts, may not be imitated, used, or copied without our prior written permission.

7.3 Feedback. Any feedback, comments, or suggestions you provide about the Offerings are given voluntarily, and we may use them for any purpose without obligation or compensation to you. To the extent any rights in such feedback do not vest in us automatically, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them.

7.4 Copyright complaints and takedown. If you believe content on the Website infringes your copyright, please notify us at contactus@tdminsights.com with: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location on the Website; (iv) your contact information; (v) a statement of your good-faith belief that the use is not authorized; and (vi) a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner. We may, in our discretion and without obligation, review the notice and take steps we consider appropriate, including removing the material and notifying the user who posted it. A user whose material is removed may submit a counter-notification. This procedure provides a fair and transparent way to address complaints; it does not constitute legal advice or create obligations beyond those required by applicable law. The Website operates under the laws of Ontario, Canada, but we apply these principles consistently for users worldwide.

7.5 Linked sites and user material. We are not responsible or liable for third-party websites linked from the Website, or for material submitted by users. These are provided for convenience only and are subject to their own terms; their presence is not an endorsement, and we do not warrant their accuracy.

8. Disclaimers

8.1 No guarantee of search or marketing outcomes. Search and content outcomes depend on factors outside our control — including third-party platforms and their algorithms (Google, Shopify, AI answer engines), competitor activity, and your own inputs, approvals, and access. We perform the Services with professional skill and care, but we do not warrant or guarantee any specific ranking, traffic, impression, click-through, lead, booking, or revenue outcome, or any timeline for results. Any forecasts, targets, case studies, or example figures presented on the Website or elsewhere — including those drawn from The Gourmet Host — are illustrative only and are not commitments.

8.2 General information, not professional advice. Content on the Website is provided for general informational purposes and does not constitute legal, financial, tax, or other professional advice. You should obtain appropriate professional advice before acting on it.

8.3 "As is." Except as expressly stated in these Terms or an applicable Engagement Agreement, the Website and Offerings are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8.4 Interruptions and errors. While we strive to provide an error-free and uninterrupted Website, we do not guarantee the absence of interruptions or errors and are not liable for any damage they cause.

9. Limitation of Liability

9.1 Exclusion of indirect damages. To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility.

9.2 Cap. To the extent these Terms (rather than an Engagement Agreement) govern a claim, our total aggregate liability arising out of or relating to the Website and the Offerings is limited to the greater of (a) the total fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim, or (b) CAD $100. Where an Engagement Agreement applies, the limitation of liability in that agreement governs that engagement.

9.3 Carve-outs. These limits do not apply to a party's confidentiality obligations, a party's wilful misconduct or fraud, or your obligation to pay fees for work performed.

9.4 Dissatisfaction. If you are dissatisfied with the Website, your sole and exclusive remedy is to stop accessing and using it.

9.5 Reasonableness. You understand and agree that these limitations are part of how we make the Website and Offerings available to you, and that we could not offer them without these limits in place.

10. Indemnification

You agree to defend, indemnify, and hold harmless TDM Corp. and its affiliates, and their respective directors, officers, employees, contractors, and agents, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including reasonable legal fees) arising from or relating to: (i) your breach of these Terms; (ii) your infringement of any third-party right; (iii) your violation of any applicable law; or (iv) any content you submit through the Website. This applies whether the claim arises in contract or tort and regardless of the form of action.

11. Term, Suspension & Termination

11.1 Website access. These Terms apply while you access or use the Website. We may suspend or terminate your access to the Website at any time in accordance with Section 6.4.

11.2 Engagements. Termination of any paid engagement is governed by the applicable Engagement Agreement.

11.3 Survival. Provisions that by their nature should survive termination — including those on intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and payment for work performed — survive.

12. Communications & Notices

12.1 How we may contact you. We may provide notices to you by email to the address you provide, by posting on the Website, or by other reasonable means.

12.2 Administrative versus marketing messages. We may send you administrative messages relating to the Website, your inquiries, or your engagement. We will send marketing communications only where you have opted in, and you may opt out at any time using the unsubscribe mechanism in those messages.

12.3 Your communications. You agree not to use misleading addresses or falsify information in any communication with us.

13. General

13.1 Electronic contracting. Your affirmative act of accepting these Terms, or of using the Website, constitutes your electronic signature and your consent to contract with us electronically.

13.2 Governing law. These Terms, and your relationship with us, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, as applied to agreements made and performed entirely within Ontario.

13.3 Assignment. You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a reorganization, merger, or sale of our business.

13.4 Severability. If any part of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

13.5 No construction against drafter. These Terms will be construed as if drafted jointly by the parties; no presumption arises against either party by virtue of authorship.

13.6 Waiver of class proceedings and jury trial. To the extent permitted by law, you waive any right to participate in a class proceeding against us, and any right to a trial by jury, in relation to any dispute arising out of these Terms.

13.7 Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

13.8 Injunctive relief. You acknowledge that a breach of certain provisions of these Terms (including those on intellectual property and confidentiality) may cause irreparable harm for which monetary damages are inadequate, and that we may seek injunctive relief in addition to any other remedy.

13.9 Force majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, epidemics or pandemics, failures of third-party platforms, or acts of government.

13.10 Entire agreement. These Terms, together with our Privacy Policy and any applicable Engagement Agreement, constitute the entire agreement between you and us regarding the Website and supersede prior discussions on that subject.

13.11 Questions. Questions about these Terms may be sent to contactus@tdminsights.com.

TDM Insights is a brand of TDM Corp., Toronto, Ontario, Canada.