Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Tomorrows Compass (Pty) Ltd ("Tomorrows Compass", "we", "us", "our"), a company registered in the Republic of South Africa (Company Registration Number 2025/356280/07).

These Terms govern your access to and use of our website at www.tomorrows-compass.com, the Tomorrows Compass Assessment Platform at discover.tomorrows-compass.com, and all related services, content, features, and applications (collectively, the "Services").

By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old.

2. Definitions

In these Terms:

• "Assessment" means the Tomorrows Compass behavioural assessment, including all questions, scoring frameworks, and methodologies used to generate results.
• "Content" means all text, graphics, images, methodology, frameworks, scoring systems, algorithms, data visualisations, reports, software, and other materials created by or on behalf of Tomorrows Compass.
• "Platform" means the Tomorrows Compass Assessment Platform accessible at discover.tomorrows-compass.com.
• "Programme" means an organisational coaching, development, or assessment programme facilitated through the Platform.
• "Report" means the behavioural insight reports generated from Assessment data, including PDF documents and digital report views.
• "Services" means all products, assessments, reports, coaching services, data products, content, and features provided by Tomorrows Compass through the Website and Platform.
• "User Content" means feedback, testimonials, journal entries, comments, and other content submitted by users through the Services.
• "Website" means the Tomorrows Compass website at www.tomorrows-compass.com.

3. Intellectual Property

3.1 Ownership

All Content is the exclusive property of Tomorrows Compass (Pty) Ltd and is protected by the Copyright Act 98 of 1978 (South Africa), the Copyright, Designs and Patents Act 1988 (United Kingdom), and applicable international intellectual property treaties and conventions.

Our intellectual property includes, without limitation:

• The behavioural assessment methodology, question design, scoring frameworks, and algorithmic processes.
• The 12 Future Readiness Skills framework and all associated descriptors, definitions, taxonomies, and related materials.
• Personality and behavioural profiling models and their application within the Assessment.
• Report templates, data visualisations, insight narratives, and all generated report content.
• Dashboard designs, interface layouts, user experience flows, and data presentation formats.
• Website and Platform content, including blog posts, articles, research publications, and thought leadership materials.
• Brand assets, logos, trademarks, visual identity elements, and design systems.
• Software, source code, APIs, database structures, and platform architecture.
• Aggregated data products, benchmarks, industry reports, and workforce intelligence materials derived from anonymised assessment data.
• Training materials, coaching frameworks, and development methodologies.

All rights not expressly granted in these Terms are reserved by Tomorrows Compass.

3.2 Restrictions

Without the prior written consent of Tomorrows Compass, you may not:

• Copy, reproduce, distribute, publish, display, or create derivative works from any Content, in whole or in part.
• Reverse engineer, decompile, disassemble, or attempt to derive or extract the methodology, scoring algorithms, profiling logic, assessment design, or any underlying intellectual property.
• Use any Content for commercial purposes, including but not limited to training programmes, consulting engagements, advisory services, coaching practices, or the development of competing products or services.
• Scrape, crawl, index, harvest, or use automated means (including bots, spiders, and scripts) to access, monitor, copy, or extract content or data from the Website or Platform.
• Reproduce, share, distribute, or publicly display assessment questions, scoring rubrics, skill descriptors, profiling frameworks, or any proprietary assessment content.
• Create, develop, or market products, services, methodologies, or frameworks that are based on, derived from, substantially similar to, or inspired by our proprietary intellectual property.
• Share, resell, sublicense, assign, or transfer access to assessments, reports, platform features, or any part of the Services to third parties.
• Remove, obscure, alter, or tamper with any copyright notices, trademarks, watermarks, attribution, or other proprietary markings on any Content.
• Frame, mirror, embed, or create inline links to any part of the Website or Platform without our prior written permission.
• Use any of our intellectual property in academic papers, conference presentations, publications, or public communications without proper attribution and our prior written approval.
• Compile, aggregate, or systematically download Content to build databases, collections, or datasets for any purpose.

3.3 Report Licence

When you complete an Assessment and receive a Report:

• You are granted a personal, non-exclusive, non-transferable, revocable licence to access and use your own Report for personal development or internal business development purposes only.
• Reports may not be reproduced, published, shared publicly, distributed commercially, or used for purposes other than your own personal or professional development.
• Coaches participating in a Programme receive a limited licence to view and discuss the Reports of their assigned coachees solely for the purposes of coaching delivery within that Programme.
• Organisations with enterprise or Programme agreements receive Report usage rights as specified in their separate written agreement with Tomorrows Compass.
• We reserve the right to revoke Report access in cases of violation of these Terms.
• Shareable report links expire automatically after 30 days. You are responsible for managing access to any report links you share.

3.4 Research, Publications, and Data Products

• Tomorrows Compass retains an irrevocable, perpetual, worldwide right to use anonymised, aggregated assessment data for research, publications, thought leadership articles, industry reports, benchmarking products, workforce intelligence products, and related data products and services.
• No individual user will be identifiable in any published research, report, or data product. All data used for these purposes is irreversibly anonymised.
• This right survives account deletion. Once data has been anonymised, it is no longer personal data and cannot be attributed to or retrieved for any individual.
• Users who consent to data aggregation contribute to the broader value of workforce insight and industry understanding. This is fundamental to the mission and purpose of Tomorrows Compass.

3.5 User Content and Testimonials

By submitting feedback, comments, ratings, testimonials, or other User Content through the Services:

• You grant Tomorrows Compass a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for marketing, promotional, educational, and commercial purposes across any medium or channel.
• Testimonials may be attributed (using your first name and/or company name) or anonymised, at our sole discretion.
• You may request removal of specifically attributed testimonials by contacting us at privacy@tomorrows-compass.com. We will comply within a reasonable timeframe, subject to practical limitations.
• We reserve the right to edit, condense, or reformat testimonials and feedback for clarity, length, or presentation without altering the substance or meaning.
• Private journal entries remain confidential to you and, where applicable, your coach and programme administrators. They are not used for marketing purposes.

3.6 Copyright Infringement

If you believe that content available through our Services infringes your copyright or other intellectual property rights, please contact us at privacy@tomorrows-compass.com with the following information:

• Identification of the copyrighted work you believe has been infringed.
• Identification of the material you believe is infringing and its location within our Services.
• Your contact information (name, address, email, telephone).
• A statement of good faith belief that the use is not authorised by the copyright owner.
• A statement, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorised to act on their behalf.

4. Assessment Services

4.1 Nature of the Assessment

The Tomorrows Compass Assessment provides behavioural insights and capability profiles for personal and professional development purposes.

The Assessment is expressly not:

• A psychometric test or clinical psychological assessment.
• A medical diagnosis or clinical evaluation.
• A substitute for professional psychological, medical, or career counselling.
• A definitive or permanent measure of ability, personality, or potential.

Results are behavioural skill profiles that describe tendencies, preferences, and capabilities at the time of assessment. They are not fixed traits. Tomorrows Compass makes no guarantees about career outcomes, employment decisions, or personal development results based on Assessment results.

4.2 Assessment Integrity

You agree to complete the Assessment honestly, independently, and to the best of your ability. Specifically:

• You will not seek external assistance, consult reference materials, or use AI tools during the Assessment.
• You will not attempt to manipulate, game, or artificially influence your responses or results.
• You acknowledge that we monitor assessment integrity through response pattern analysis, timing analysis, and other quality assurance measures.
• Responses that are flagged as potentially manipulated, dishonest, or artificially influenced may be invalidated, and your account may be suspended or terminated.

Assessment integrity measures protect the quality and validity of results for all users.

4.3 Use of Results by Organisations

When Assessments are completed within an organisational Programme:

• Results are shared with designated coaches and programme administrators as described in our Privacy Policy and as specified in the Programme terms.
• Tomorrows Compass provides data and behavioural insights only. We do not make employment, promotion, termination, or other consequential workforce decisions.
• Organisations that use Assessment data for workforce decisions do so at their own discretion and responsibility.
• Assessment results should not be used as the sole basis for consequential employment or personnel decisions.

5. Platform Access, Accounts, and Programmes

5.1 Account Registration

To access the Platform, you must create an account by providing accurate, current, and complete registration information. You agree to:

• Maintain the accuracy of your account information.
• Keep your login credentials confidential and secure.
• Not share your account credentials with any other person.
• Notify us immediately of any unauthorised access to your account.
• Maintain only one account per individual.

You are responsible for all activity that occurs under your account.

5.2 Programme Participation

If you are enrolled in an organisational Programme:

• Your Assessment results and related data will be shared with your assigned coach and programme administrators in accordance with the Programme terms and our Privacy Policy.
• Coach and administrator access is limited to Programme-related data and functionality.
• Your coach may record private development notes about your progress and development. These coaching notes are visible to the coach and platform administrators but are not visible to you.
• Programme terms may impose additional obligations or conditions as specified by your organisation and agreed with Tomorrows Compass.

5.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account, without prior notice, if you:

• Violate any provision of these Terms.
• Compromise Assessment integrity through dishonest or manipulated responses.
• Engage in prohibited conduct as described in Section 7.
• Provide false or misleading registration information.
• Use the Services in a manner that could damage, disable, or impair our systems or interfere with other users.

Upon termination, your access to the Platform and Reports will be revoked. Data retention following termination is governed by our Privacy Policy.

6. Payment and Refunds

6.1 Pricing

Assessment prices are displayed in your local currency, converted from USD using current exchange rates. Prices are inclusive of the Assessment, report generation, and Platform access for the relevant service tier.

Enterprise and Programme pricing is governed by separate written agreements between Tomorrows Compass and the contracting organisation.

6.2 Payment Processing

All payments are processed securely by PayFast (Pty) Ltd, a PCI DSS compliant payment processor based in South Africa. Tomorrows Compass does not store, process, or have access to your payment card numbers, CVV codes, or bank account details at any time. Only your name, email address, payment amount, and service tier are shared with PayFast to facilitate the transaction. By making a purchase, you agree to PayFast's terms of service.

6.3 Refund Policy

All purchases of digital assessment services are final and non-refundable once the Assessment has been commenced or the Report has been generated.

By commencing the Assessment, you acknowledge that delivery of the digital service has begun and you expressly consent to waive any applicable cooling-off or cancellation rights to the extent permitted by applicable law, including but not limited to:

• The South African Consumer Protection Act, 2008 (Section 44 cooling-off rights).
• The UK Consumer Contracts (Information, Cancellation and Extra Charges) Regulations 2013.
• Equivalent consumer protection legislation in other jurisdictions.

If you experience a genuine technical issue that prevents Assessment completion or Report generation, please contact support@tomorrows-compass.com. We will investigate and, at our sole discretion, provide an appropriate remedy which may include a replacement Assessment or service credit.

Observer (free tier) access does not constitute a purchase and is not subject to refund.

7. Acceptable Use

When using the Services, you agree not to:

• Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose.
• Attempt to gain unauthorised access to the Platform, other users' accounts, or our systems and infrastructure.
• Interfere with, disrupt, degrade, or impose an unreasonable burden on the Services or our infrastructure.
• Submit false, misleading, or intentionally inaccurate information.
• Use automated tools, bots, scrapers, crawlers, or scripts to access, monitor, extract data from, or interact with the Services.
• Circumvent, disable, or interfere with security measures, including bot verification, rate limiting, access controls, and authentication mechanisms.
• Impersonate any person, entity, or organisation, or misrepresent your affiliation with any person, entity, or organisation.
• Use the Platform, Content, or any part of the Services to develop, market, or operate competing products, services, or methodologies.
• Attempt to manipulate, game, or artificially influence Assessment results through dishonest responses, external assistance, or any other means.
• Share Assessment questions, scoring methods, profiling logic, or any proprietary Assessment content with third parties by any means.
• Engage in any conduct that could damage the reputation, brand, or goodwill of Tomorrows Compass.
• Collect, harvest, or compile information about other users without their consent.

8. Limitation of Liability

8.1 Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Tomorrows Compass expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

• The Services will be uninterrupted, error-free, secure, or available at any particular time.
• The results obtained from using the Services will be accurate, reliable, or complete.
• Any defects or errors in the Services will be corrected.
• The Services will meet your specific requirements or expectations.

8.2 Limitation

To the maximum extent permitted by applicable law, in no event shall Tomorrows Compass, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or in connection with your use of or inability to use the Services.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the total amount actually paid by you to Tomorrows Compass in the twelve (12) months immediately preceding the event giving rise to the claim.

8.3 Preserved Liability

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection provisions.

8.4 Specific Exclusions

Without limiting the generality of the above, Tomorrows Compass is not liable for:

• Any employment, career, business, or personal decisions made by you or any third party based on Assessment results.
• Any actions taken by coaches, administrators, or organisations based on Assessment data or Reports.
• Unauthorised access to Reports that occurs as a result of you sharing report links with third parties.
• The accuracy, suitability, or fitness of Assessment results for any particular purpose or decision.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tomorrows Compass (Pty) Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and costs) arising out of or in connection with:

• Your access to or use of the Services.
• Your violation of any provision of these Terms.
• Your infringement of any intellectual property or other rights of any third party.
• Your User Content.
• Any misuse of Assessment data, Reports, or results by you or your organisation.
• Any breach of applicable law or regulation in connection with your use of the Services.

10. Governing Law and Jurisdiction

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

The Consumer Protection Act 68 of 2008 (South Africa) applies to transactions and relationships within its scope.

10.2 International Users

If you are located in the United Kingdom or European Union:

• Your statutory rights under the UK General Data Protection Regulation, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Extra Charges) Regulations 2013, and equivalent EU legislation are preserved to the extent required by applicable law.
• Nothing in these Terms restricts or waives any rights that cannot be excluded or limited under applicable mandatory consumer protection or data protection legislation in your jurisdiction.

10.3 Dispute Resolution

We encourage the resolution of disputes through direct communication. If you have a concern or dispute, please contact us at info@tomorrows-compass.com and we will work in good faith to resolve the matter.

Disputes that cannot be resolved through informal negotiation shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, except where applicable mandatory law requires otherwise.

11. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

12. Entire Agreement

These Terms, together with our Privacy Policy and any applicable enterprise or Programme agreements, constitute the entire agreement between you and Tomorrows Compass with respect to the subject matter hereof.

These Terms supersede all prior and contemporaneous agreements, proposals, representations, understandings, and communications, whether written or oral, between you and Tomorrows Compass regarding the Services.

13. Changes to Terms

We reserve the right to modify, amend, or replace these Terms at any time. Material changes will be communicated to registered users via email or via prominent notice on our Website and Platform at least 14 days before they take effect.

The "Last Updated" date at the top of these Terms will always reflect the most recent revision.

Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Services immediately.

14. Contact Information

If you have questions about these Terms of Service:

Legal and Privacy Enquiries: privacy@tomorrows-compass.com

General Support: support@tomorrows-compass.com

General Enquiries: info@tomorrows-compass.com

Company: Tomorrows Compass (Pty) Ltd

Registration Number: 2025/356280/07

Country of Registration: Republic of South Africa