Terms of Service
Effective Date: January 24, 2026
Last Updated: January 24, 2026
1. Agreement to Terms
By accessing or using the website operated by True Game Metrics LLC (“TGM,” “we,” “us,” or “our”), located at https://truegamemetrics.com (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Site.
These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and TGM. By using the Site, you represent that you have read, understood, and agree to be bound by these Terms.
If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
Failure to provide accurate information or maintain the security of your account constitutes a breach of these Terms, which may result in immediate termination of your account and access to our services.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these obligations.
3. User Contributions and Data Handling
The Site allows you to submit, post, and share content, including game reviews, benchmarks, ratings, development data, and other materials (collectively, “User Contributions”).
3.1 License to Use User Contributions
By submitting User Contributions, you grant TGM a perpetual, non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, analyze, aggregate, publicly display, and otherwise use your contributions solely for the purposes of providing, improving, and publicizing TGM’s analytical services and aggregated scoring systems.
You understand and agree that TGM may publish or otherwise disclose aggregated or derived insights (for example, statistical averages, benchmark charts, composite performance scores, or industry analytics) that do not identify you or your specific submissions in identifiable form. These derived works, including all compiled scores, visualizations, and analytics outputs, are the exclusive property of TGM.
Nothing in this Section 3 or elsewhere in these Terms shall be construed as granting you any rights in or to TGM’s scoring methodology, TGM Content, trademarks, or other intellectual property, except the limited right to access and use the Site in accordance with these Terms.
You retain ownership of the underlying content you submit, subject to the license granted herein.
3.2 Confidential Developer Data
TGM acknowledges that certain developer materials submitted through specialized tools (including but not limited to budget data, unreleased concept assets, project architecture details, or proprietary development information submitted via the “Dive Sheet” or similar features) may be proprietary or constitute trade secrets.
TGM will treat such materials as confidential and will not disclose them in identifiable form without your express written consent. Notwithstanding the foregoing, TGM may use such data internally and in aggregated, anonymized, or statistical form to improve its scoring methodologies, benchmarks, and analytics services. During the Private Alpha phase and thereafter, TGM will not publish raw, identifiable developer data without explicit user authorization.
3.3 Accuracy and Responsibility
You represent and warrant that:
- You own or have the necessary rights to submit your User Contributions.
- Your submissions do not violate any third-party rights, including intellectual property, privacy, or publicity rights.
- Your submissions are accurate and not misleading.
- Your submissions comply with all applicable laws and regulations.
You are solely responsible for your User Contributions and the consequences of posting or submitting them.
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:
- Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
- Submitting false, misleading, or fraudulent information with malicious intent.
- Engaging in any automated use of the system, including using scripts, bots, or other automated tools to send comments, messages, or data submissions.
- Attempting to gain unauthorized access to the Site, other user accounts, or computer systems or networks connected to the Site.
- Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
- Using the Site to transmit any harmful code, including viruses, worms, or malware.
- Using the Site for any purpose that is illegal or prohibited by these Terms.
- Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm TGM or users of the Site.
4.1 Simulated and Illustrative Data
The Site may include simulated or illustrative data, including case studies, sample analytics, hypothetical scenarios, and estimated scoring outputs (collectively, “Simulated Data”). Simulated Data is provided solely for demonstration, research, educational, or illustrative purposes and does not represent actual performance results, verified benchmarks, or professional advice.
You acknowledge and agree that any reliance on Simulated Data is entirely at your own risk. To the fullest extent permitted by law, TGM disclaims all liability for any damages, losses, costs, or expenses arising from your reliance on Simulated Data or any business, investment, product, marketing, or development decisions made based on such information.
Simulated Data should not be used as the sole basis for any commercial, financial, or development decisions.
5. Intellectual Property and Proprietary Rights
All content, features, and functionality available on or through the Site—including but not limited to the TGM scoring methodology, proprietary algorithms, datasets, data visualizations, compiled scores (including the “TGM Score” and any derivative indexes or metrics), analytical tools, software, text, graphics, logos, icons, images, audio clips, video clips, page headers, button icons, scripts, the overall “look and feel” of the Site, and other materials (collectively, the “TGM Content”)—are and shall remain the exclusive property of TGM or its licensors.
“True Game Metrics” and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of TGM or its affiliates or licensors. You must not use such marks without the prior written permission of TGM. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
The TGM Content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and international treaties. Except for the limited, personal, non‑exclusive, revocable, non‑transferable license expressly granted to you to access and use the Site in accordance with these Terms, no license or other rights in or to the TGM Content, TGM’s trademarks, or any proprietary components of the Site are granted to you by implication, estoppel, or otherwise.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of the TM Content, in whole or in part, except as expressly permitted in these Terms or with our prior written consent.
Use of the Site does not grant you any ownership rights to our data, content or intellectual property, including any scores, metrics, or analytics generated by the Site.
6. Disclaimers and Limitation of Liability
6.1 Disclaimer of Warranties
THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, TGM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TGM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SCORES, ANALYTICS, OR DATA PROVIDED THROUGH THE SITE.
6.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO TGM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS (US $100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We do not represent that the Site or its content is appropriate or available in every jurisdiction. We will comply with applicable data protection laws to the extent they apply to our processing of your personal information, based on your residence and our activities.
7. Indemnification
You agree to defend, indemnify, and hold harmless TGM and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Site.
- Your User Contributions.
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
- Any other party’s access to or use of the Site using your account credentials.
8. Termination
We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
If you wish to terminate your account, you may do so by discontinuing your use of the Site and contacting us at info@truegamemetrics.com.
Our exercise of termination rights shall be without prejudice to any other rights or remedies available to us at law or in equity.
9. Equitable Relief
You acknowledge that any breach or threatened breach of these Terms relating to intellectual property rights, confidentiality, unauthorized access or use of the Site, or misuse of TGM’s proprietary scoring methodology or data may cause immediate and irreparable harm to TGM for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other rights and remedies available at law or in equity, TGM shall be entitled to seek immediate injunctive and other equitable relief (without the necessity of posting bond or proving actual damages) in any court of competent jurisdiction to prevent or curtail any such breach or threatened breach.
10. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.
Any legal action, suit, or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the state or federal courts located in Los Alamos County, New Mexico, and you consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
International Users: Users accessing the Site from outside the United States acknowledge that data transmitted to or stored by TGM will be processed in accordance with United States laws, which may provide different privacy and data protection standards than those in your country of residence. By using the Site, you consent to the transfer of your information to the United States.
11. Privacy and Data Protection
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at privacy.html to understand our practices regarding the collection, use, and disclosure of your personal information.
Depending on your location and our activities, additional data protection laws may apply to our processing of your personal information, including, where applicable:
- The European Union General Data Protection Regulation (“EU GDPR”) for individuals located in the European Economic Area.
- The UK General Data Protection Regulation and the UK Data Protection Act 2018 for individuals located in the United Kingdom.
- The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “CCPA/CPRA”), for California residents where the statutory thresholds are met.
- Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and substantially similar provincial laws, for individuals in Canada.
Our Privacy Policy describes how we honor the rights available under these laws, where they apply, including rights of access, correction, deletion, restriction, objection, and data portability, as well as rights to opt out of certain processing and “sale” or “sharing” of personal information.
12. Digital Millennium Copyright Act (DMCA) Notice
TGM respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), we will respond expeditiously to claims of copyright infringement on the Site.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify our designated copyright agent with the following information:
- A physical or electronic signature of the copyright owner or authorized representative.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, with sufficient detail for us to locate it on the Site.
- Your contact information, including address, telephone number, and email address.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Copyright Agent Contact:
True Game Metrics LLC
Attn: Copyright Agent
1209 MOUNTAIN ROAD PL NE #8156
ALBUQUERQUE, NM 87110
Email: info@truegamemetrics.com
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect by posting a notice on the Site and/or sending you an email notification.
By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.
It is your responsibility to review these Terms periodically for changes. The “Last Updated” date at the top of this page indicates when these Terms were last revised.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and TGM regarding your use of the Site.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
14.3 Waiver
No waiver by TGM of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. TGM may assign or transfer these Terms, in whole or in part, without restriction.
14.5 Force Majeure
TGM shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
14.6 Contact Information
If you have any questions about these Terms, please contact us at:
True Game Metrics LLC
1209 MOUNTAIN ROAD PL NE #8156
ALBUQUERQUE, NM 87110
Email: info@truegamemetrics.com
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.