Terms of Use

Your limited license to Access will be governed and controlled by the contractual agreement between you and Everest Group. In the event you are lawfully granted Access without such a contract with Everest Group, your license is limited to your sole access and review. All rights not expressly granted are reserved by Everest Group.

Your Access may be terminated (without, if applicable, any refund) by Everest Group immediately if you breach any provision hereunder, do not comply with any applicable law, or, if, in Everest Group’s sole discretion, you compromise the security, brand, reputation, or competitive position of Everest Group.

You acknowledge Everest Group property is protected by the laws of the United States of America (U.S.) and international laws and conventions, including, without limitation and as applicable, copyright and trademark law. For example, the Everest Group name and logo are trademarked. In addition to Everest Group®, Peak Matrix® and Pinnacle Model® are also trademarked. This is not an exclusive list of all Everest Group trademarks.

Unless you have a written and fully executed agreement with Everest Group that states otherwise, the following restrictions apply. You will not:

• In whole or in part, disseminate, republish, forward, sublicense, sell, distribute, modify, improve, alter, display, perform, copy, reproduce, or create or prepare derivatives of any Everest Group property, material, Products and/or Services;
• Take any action to harm the security of Everest Group, its systems or infrastructure, or gain unauthorized Access, including, without limitation, through hacking;
• Impose a burden on Everest Group’s systems or infrastructure, as determined by Everest Group in its sole discretion;
• Conduct any scraping or data mining, or use any bots, programs, algorithms, methodologies, or anything else to gain Access, index, sort, acquire, or monitor Everest Group property, materials, Products and/or Services (except that search engines such as Google and Bing may index Everest Group’s website consistent with directions as provided by publicly accessible web files e.g., robots.txt);
• Copy, reproduce, upload, transmit, or otherwise use any Everest Group property, materials, Products and/or Services to train, fine-tune, ground, or enhance any artificial intelligence system, including generative AI models, whether manually or through automated means;
• Reverse engineer, decompile, or disassemble any Everest Group property, material, Products and/or Services;
• Access to benefit a competing company, product, or service;
• Disguise the origin of information transmitted, place false or misleading information, or use or access any property, material, Product and/or Service in a manner not expressly permitted by Everest Group;
• Input or upload anything that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, website, data or information;
• Use or access anything from Everest Group in any way that, in Everest Group’s sole discretion, adversely affects the performance or function of what Everest Group is providing or that interferes with the ability of authorized parties to access Everest Group property, materials, Products and/or Services;
• Remove or alter any notice, trademark, copyright, disclosure, or disclaimer from Everest Group property, materials, Products and/or Services; or
• Breach any contract in relation to your Access or misappropriate or infringe upon any intellectual property or intellectual property rights of Everest Group or of a third party.

If you have a fully executed written agreement with Everest Group in relation to your Access and that agreement contains a limitation of liability provision, then this provision will not apply and the limitation of liability provision in that agreement with Everest Group will apply instead e.g., you executed an Order (as defined in Everest Group’s Terms of Sale) with Everest Group that incorporates Everest Group’s Terms of Sale. However, in all other instances of your Access, the following applies:

IF ARISING OUT OF OR RELATED TO YOUR ACCESS, IN NO EVENT WILL EVEREST GROUP OR RELATED PARTIES (INCLUDING ITS AFFILIATES, SUBSIDIARIES, INSURERS, REINSURERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, ENHANCED, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SIMILAR DAMAGES, OR DAMAGES OR LOSSES RELATED TO BUSINESS INTERRUPTION, INTERRUPTION OF USE OF DATA OR SERVICES, INCREASED COSTS, DIMINUTION IN VALUE, COST OF REPLACEMENT GOODS OR SERVICES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, LOSS OF INFORMATION, LOSS OF USE, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, IN EACH CASE, REGARDLESS OF CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR EQUITY), AND REGARDLESS OF WHETHER A PARTY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR WHETHER SUCH DAMAGES OR LOSSES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL EVEREST GROUP’S OR RELATED PARTIES’ AGGREGATE LIABILITY, ARISING OUT OF OR RELATED TO YOUR ACCESS, EXCEED $25,000 USD, REGARDLESS OF CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR EQUITY).

THIS PROVISION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

During Access, links to other websites may be presented or otherwise made available. Such are provided “as-is” for convenience. Everest Group is not responsible for maintaining these sites, and by presenting or making them available Everest Group is not endorsing or accepting responsibility for these links; accordingly, please direct your concerns about any of the linked sites to that site’s administrator.

Everest Group may display or reference third-party logos, trademarks, or brand names (“Third-Party Marks”) in its materials, Products and/or Services, including but not limited to, in its research reports, presentations, marketing materials, and website content, for informational, identification, or convenience purposes. Such use does not imply any sponsorship, endorsement, affiliation, or partnership between Everest Group and the respective trademark owners. All Third-Party Marks remain the property of their respective owners. TO THE FULLEST EXTENT PERMITTED BY LAW, EVEREST GROUP DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO THE USE OF THIRD-PARTY MARKS, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF TRADEMARK INFRINGEMENT, MISREPRESENTATION, OR IMPLIED ASSOCIATION. If you believe your trademark is used in a manner that violates your rights, please contact Everest Group at [email protected] to request removal or modification.

You agree to indemnify, defend and hold harmless Everest Group and Related Parties (as defined in Section 5 above) (collectively, the “Indemnified Parties”) from and against all claims, liabilities, judgments, awards, losses, expenses, damages, fees and costs, including reasonable attorneys’ fees, arising out of or relating to your Access or violation of these Terms of Use. This indemnification obligation will survive termination of these Terms of Use or your Access.

Notwithstanding any other provisions, it may be permissible on a limited basis to (i) cite or quote Everest Group’s materials or Products and/or Services, or (ii) display Everest Group’s logo, graphics (including charts, diagrams, infographics, data visualizations, or any other illustrative design element used to convey information visually), or visual arts, provided that, in each case, you comply with the following requirements:

• Written approval from Everest Group is required to cite, quote, or display. To make such a request, complete the request form using this link: Everest Group | Brand Reviews (the link is also available on Everest Group’s website, at everestgrp.com/published-research-citation-policy). Your request must include the relevant work, a draft copy, and the full context. This includes any press releases or other marketing materials such as newsletters, email campaigns, direct mail, etc. Requests may not be made for inclusion in any boilerplates.
• Approved citations and quotations must be attributed in the following format: Title, Everest Group, Date of Publication.
• Approved graphics must be displayed in their entirety, and must include all referenced companies, Everest Group’s copyright, the date of original publication, and Everest Group’s logo.
• Quotations must be limited in scope to minor excerpts (no more than two to three sentences or a short paragraph). Full reproduction is prohibited unless otherwise expressly permitted by Everest Group in writing.
• Citations and quotations must reference works published by Everest Group within the preceding 12 months, unless Everest Group provides express written permission otherwise.
• Citations, quotations, or displays may not be used in material that negatively portrays another company and/or its services or compares one company and/or its services with another.
• You agree to comply with the guidelines and policies on the Everest Group’s Research Citation and Award Recognition Guidelines webpage, available here: https://www.everestgrp.com/published-research-citation-policy/.

If any provision or part of a provision is held to be unenforceable or prohibited in any jurisdiction, it will be ineffective in that jurisdiction only to the extent of such unenforceability or prohibition, and the remainder of these terms will remain in full force and effect.

If you have a fully executed written agreement with Everest Group in relation to your Access and that agreement contains a governing law provision, then this provision will not apply and the governing law provision in that agreement with Everest Group will apply instead e.g., you executed an Order (as defined in Everest Group’s Terms of Sale) with Everest Group that incorporates Everest Group’s Terms of Sale. However, in all other cases where no such agreement exists, the following applies: These Terms of Use (including any extra-contractual, tort, statutory, or equitable claims) will be governed and construed in accordance with the state laws of Texas, United States of America, and the federal laws of the United States of America, without regard to its conflict of laws principles. The exclusive jurisdiction, forum, and venue for all claims and lawsuits (including any extra-contractual, tort, statutory, or equitable claims) is the jurisdiction, forum, and venue of Collin County, Texas, and includes their appeals court.

Everest Group respects privacy rights. Everest Group may collect and use information, amongst other things, in accordance with its Privacy Notice, available at everestgrp.com/privacy-notice. You acknowledge you have read and understood the Privacy Notice and hereby agree to it.

These Terms of Use are written in English, and all communications under or in connection with these terms will be in English. Any translation into any other language will not be the official version, and in the event of any conflict between the English version and the translated version, the English version will govern and control.

Everest Group’s Notices and Disclaimers is hereby incorporated by reference as if fully reproduced herein, available at everestgrp.com/notices-and-disclaimers. This document includes provisions regarding and/or related to the use of generative artificial intelligence, data and information, and provisions related to intellectual property rights, privacy-related notices, and other important notices and disclaimers, such as and for example, stating that Everest Group does not provide investment, legal, tax, or financial advice. In the event of a conflict or inconsistency between these Terms of Use and the Notices and Disclaimers, the Notices and Disclaimers will have precedence and control.

You may choose to provide Everest Group with feedback or input, whether solicited by Everest Group or not. Feedback or input may include your opinion, facts, needs, comments, suggestions, concepts, changes, improvements, modifications, creations, enhancements, or ideas (collectively, the “Feedback”). You agree Feedback is Everest Group confidential information and Everest Group owns all rights, titles, and interests in and to Feedback.

You are representing that you have the authority to agree to the provisions hereunder, including the Notices and Disclaimers, on behalf of yourself and/or your employer, as applicable.

These Terms of Use supersede all prior agreements or understandings between the parties on the subject matter herein.

If these Terms of Use are incorporated by reference into an agreement, document, or set of terms, and are in conflict with or inconsistent with them, these Terms of Use will take precedence and will control.

Everest Group hosts or participates in online, live, and in-person events, including, without limitation, webinars, LinkedIn Live, Analyst Collaborations, Roundtables, and Conferences such as Elevate and Engage. If you register for, participate in, or attend an event, the governing terms are everestgrp.com/event-registration-terms. You agree you have read and agree to those terms to the extent applicable.

The Terms of Use may be updated or modified to a newer, revised version at any time by posting such on the Everest Group website. The newer, revised terms will become effective upon posting, and you are agreeing to such terms through your Access. It is your continuing responsibility to check the Everest Group website regularly for such updates and modifications. You also agree that Everest Group has no obligation to proactively provide notice of updates and/or modifications.