Critical Compass: Website Terms of Service
1. Who we are and what these terms cover
These Terms of Service (“Terms”) govern your use of the Critical Compass website at https://criticalcompass.games/ (the “Site”) and the request and delivery of sample reports through it. They are issued by GYLD Pty Ltd (CAN: 64 640 644 006) of C/- Saward Dawson, 20 Albert Street, Blackburn, Victoria, 3124, Australia (“GYLD”, “we”, “us”).
Paid engagements — reports, custom research, and custom agent and workflow builds — are governed by a separate written agreement (each an “Engagement Agreement”) provided before any engagement begins. If these Terms conflict with an Engagement Agreement, the Engagement Agreement prevails for that engagement.
By using the Site, you accept these Terms. If you are using the Site on behalf of a company, you confirm you are authorised to accept them for that company.
2. What Critical Compass is (and is not)
Critical Compass is a market research and decision-support service for the games industry, operated by GYLD’s analysts using GYLD’s proprietary platform. It is not self-service software: no licence to the platform itself is granted under these Terms or any Engagement Agreement unless expressly stated in writing.
Reports and analysis are decision-support material only. They do not constitute financial product advice, investment advice, legal advice, or a recommendation to enter into any transaction. You remain solely responsible for decisions made using our materials.
3. Sample reports
Sample reports requested through the Site are provided free of charge for evaluation purposes only. They are illustrative, may relate to titles or markets unrelated to you, and may not be relied on for commercial decisions, redistributed, or published without our written consent.
4. Engagements, fees and payment
Scope, deliverables, timelines and fees for paid work are set out in the applicable proposal and Engagement Agreement. Unless stated otherwise there: fees are in US dollars, exclusive of GST and other applicable taxes; and quoted turnarounds are estimates made in good faith, not guarantees, though we will notify you promptly of any material change.
5. Your materials and confidentiality
Materials you provide for an engagement (builds, decks, data, plans — “Client Materials”) remain yours. We use them solely to perform the engagement, hold them in confidence, restrict access to personnel working on your engagement, and data is segregated by engagement in every case via secured hash keys per company/user/document. Your confidential material is stored and access-controlled within its own engagement workspace and never appears in another client’s outputs.
We handle personal information in accordance with the Australian Privacy Act and, where applicable to client engagements, the GDPR and other regional privacy regimes.
Client Materials are never used to train our models or to inform any other client’s work. Only our proprietary market datasets improve the platform.
We are happy to execute a mutual NDA before receiving Client Materials on request.
6. Intellectual property
On payment in full, you own the delivered report and may use it for your internal business purposes, including sharing with your board, investors, publishers or advisers under confidentiality.
We retain all rights in everything that makes the report possible: the Critical Compass platform, the Archetypes classification system, our datasets, methodologies, templates, and any tools or know-how used or developed in performing engagements. Nothing in these Terms transfers those rights.
Public use of a report or our name (press, marketing, investor decks made public) requires our prior written consent, which we won’t unreasonably withhold. Equally, we will not name you as a client or reference your engagement publicly without your written consent.
7. Accuracy, methodology and limits
Our analysis is built on market data, storefront and community signals, and proprietary methodologies, with findings verified by our analysts and confidence levels stated where material. However, market data is inherently incomplete and markets change: we do not warrant that any finding, estimate or recommendation is error-free or that outcomes will match projections. Where third-party data sources are used, we are not responsible for errors originating in those sources.
8. Consumer guarantees and liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded.
Subject to that:
- (a) our total aggregate liability arising out of or in connection with an engagement is capped at the fees paid for that engagement;
- (b) neither party is liable to the other for indirect or consequential loss, loss of profit, revenue, or business opportunity; and
- (c) where a guarantee cannot be excluded but liability can be limited, our liability is limited to re-supplying the services or paying the cost of re-supply.
9. Acceptable use of the Site
You must not scrape, reverse-engineer, or systematically extract content from the Site; misrepresent your identity when requesting materials; or use the Site or any sample material to build a competing dataset or service.
10. Privacy
Our collection and handling of personal information is described in our Privacy Policy, which forms part of these Terms.
11. Termination and changes
We may update these Terms from time to time; the “last updated” date above will change and material changes will be flagged on the Site. Continued use after changes constitutes acceptance. Engagement Agreements may only be varied in writing.
12. Governing law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
13. Contact
GYLD Pty Ltd — C/- Saward Dawson, 20 Albert Street, Blackburn, Victoria, 3124, Australia — contact@gyld.agency