Legal and Privacy Information
Privacy PolicyCalifornia Consumer Privacy ActCalifornia Privacy Rights Act of 2020Online Code of ConductCopyright InfringementOnline User AgreementMembership Terms of ServicePartnership Terms of ServicePartner Program PackageConference Registration Terms and ConditionsConference Code of ConductInformation Security MeasuresBenchmarking Data Protection MeasuresSubprocessor List
Navigation

Online User Agreement

This Online User Agreement is a legal agreement between you and Technology & Services Industry Association (“we,” “us,” “our,” or “TSIA”). Section I of this agreement describes the services TSIA offers registered users of the TSIA Portal (“Portal”). Section II covers the terms and conditions under which you access the Portal, access content on the Portal, and may be able to use certain benefits (called “Entitlements”). Please read this Agreement carefully.

By registering for the Portal and by viewing, downloading, copying or using any of the content on the Portal, you agree to the terms of this Online User Agreement (“Agreement”). If you do not accept this Agreement, you are not permitted to use the Portal.

I.  TSIA Membership, the TSIA Portal, and Benefits of Registration

1. What TSIA Does.  TSIA is a research and advisory firm that helps technology companies drive profitable growth.  Any business can become a TSIA “Member.”  Members receive benefits called “Entitlements” described here:  https://www.tsia.com/tsia-membership.  Members that have a Premium or Premium Plus membership receive “Premium Credits” that can be redeemed for the delivery of advisory offerings.

2. Membership Tiers, Subscriptions, and Allotments.

  1. TSIA has a revenue-based pricing model that establishes “Tiers” of membership.  Members with lower revenue start their growth journey with a base level of membership Entitlements at the most modest level of pricing.  Members with greater revenue are in higher Tiers of membership and receive greater Entitlements to match their growth.
  2. Each Member obtains one or more “Subscriptions” for Entitlements in various “Research Areas.”  Research Areas are different aspects of operating a technology company and TSIA’s subscriptions for these Research Areas help Members achieve excellence in these aspects of operations.  Examples of Research Areas are Customer Growth and Renewal, Customer Success, and Professional Services.  Members with more Research Area Subscriptions have a greater number of Entitlements.
  3. Based on its Tier and the number of Research Areas under subscription, a Member will receive an “Allotment” allowing it to designate a limited number of users to use the benefits of membership.  As Members increase in Tier and/or subscribe to more Research Areas over time, they can increase their Allotment of users able to use Member benefits. They can also purchase, at any time, more users beyond their current Allotment.

3. TSIA Content. TSIA develops and publishes content called “TSIA Content” in this Agreement, to assist technology companies in achieving success in various aspects of their businesses, including data, business frameworks, and expert advice to help them achieve profitable growth.  TSIA Content falls into three categories:

  1. “Publicly-Available Content” – content that TSIA makes available to members of the general public, whether or not they are affiliated with a Member and whether or not they are registered as users of the Portal.
  2. “TSIA Portal Content” – content TSIA makes available to all its registered users, but not to members of the general public.
  3. “Member-Protected Content” – content that TSIA makes available only to Permissioned and Non-Permissioned Users of Member companies (see below).

4. Types of Users of the Portal. TSIA offers content to three types of users:

  • i.“Free Users” are either:
    • Users employed by a company that is not a Member of TSIA, or
    • Users employed by a company that is a Member of TSIA but whose profile is not linked to the Member company in the Portal.
  • ii.“Non-Permissioned Users” have profiles that are linked to a Member company in the Portal and are permitted to access Member-Protected Content.
  • iii.“Permissioned User” have profiles that are linked to a Member company in the Portal and are permitted to access Member-Protected Content. They also are authorized on behalf of the Member to use its allocated Entitlements and, in the case of Premium and Premium Plus memberships, Premium Credits, and to designate Member employees who will receive them or their benefits. For instance, a Permissioned User may have the authority to distribute vouchers to attend a conference to various coworkers.

5. Allotments of Users. Based on a Member’s Tier and the number of Research Areas under subscription, TSIA provides the Member with a certain allotment of Permissioned Users and Non-Permissioned Users.  The Member will designate which users are Permissioned Users and Non-Permissioned Users.  The profiles of these users will be linked to the Member in the Portal.  Other employees of the Member can register for the TSIA Portal, but they will be Free Users.

6. Digital Onboarding.  As a condition of receiving the benefits of registration as a user with permissions described in Section I(4), you must complete the “Digital Onboarding” process, which consists of:

  1. Registering for the Portal;
  2. Agreeing to the terms of this Agreement; and
  3. Completing a four-step workflow during which information is collected that will enable TSIA to make content recommendations while you are logged into the Portal.

7. Your Registration. As a condition of registration, you must be eligible for registration.  See Section II(1) below.  If you are registering for free or if you have been invited to register for free, there will be opportunities to learn about TSIA throughout the Portal.  In addition, TSIA will send you a welcome email describing the TSIA Content you can access as a Free User.  Once you are registered on the Portal, and you are employed by a company that is a member of TSIA, you may or may not be linked to your company in the Portal, and therefore may or may not have access to Member-Protected Content or Entitlements, depending on how your company has allocated its Allotment of Permissioned Users and Non-Permissioned Users.  Your employer may add or subtract permissions to change your user type from time to time.  If you have been invited to register as an employee of a member company, you will be presented with information about which TSIA Content you will have access to.   In addition, TSIA will send you a welcome email.  The email will explain your user type (Non-Permissioned User or Permissioned User.) Please contact your employer if you have any questions about your user type.

8. Profiles. Registered users have a single profile on the Portal, regardless of whether their profile has been linked to a Member company.

9. Invitations to Register.  You are entitled to invite up to 24 other individuals from your company to register in the Portal, regardless of whether your employer is a Member or not.  There are no limits on the number of individuals from the same company who can register for free access and themselves invite up to 24 other individuals from the same company–regardless of whether the company is a member of TSIA or not.  Individuals invited to register will become registered users once they complete the Digital Onboarding process.

10. TSIA Discussions.  Once you become a registered user on the Portal, you will be entitled to participate in the “TSIA Discussions” area of the Portal.  TSIA Discussions is a community for product, sales, and services teams to navigate business challenges together.  The content you post to TSIA Discussions is called “User Content.”  As a condition of participating in TSIA Discussions, you must agree to abide by the TSIA Code of Conduct and to conform all User Content to its requirements.  The TSIA Code of Conduct is made part of the Agreement by this reference.  TSIA is entitled to suspend or terminate your participation in TSIA Discussions if you violate the TSIA Code of Conduct. TSIA Discussions is a user forum.  TSIA SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE USER CONTENT IN TSIA DISCUSSIONS.

11. Scope of this Agreement. This Agreement covers any of the registered users described in Section I(4).  Members of the general public that have not registered for the Portal and that access only Publicly-Available Content are subject to a separate agreement.

12. Profile Security. Profiles are specific to individuals.  Therefore, you must not share access to your profile with anyone else.  Also, you must secure your password and keep it confidential.  You must also inform TSIA immediately by email sent to privacy@tsia.com, if you have reason to believe that the security of your password has been compromised.

13. Privacy. TSIA is committed to maintaining the privacy of your personal information.  TSIA protects the privacy of its users, as set forth in its Privacy Policy, linked here.  The TSIA Privacy Policy is made a part of the Agreement by this reference.  DO NOT POST ANY QUESTIONS, INFORMATION, OR OTHER CONTENT ON TSIA DISCUSSIONS THAT YOU WISH TO REMAIN PRIVATE.

14. Terms and Conditions. Your use of the Portal is subject to the terms and conditions in Section II below.

II.  Terms and Conditions

1.Eligibility.  Persons eligible to become registered users of the Portal:

  1. Must be eighteen or more years of age.
  2. Must not be on, or affiliated with an organization that is on, the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control’s Specially Designated National List; Sectoral Sanctions Identification List; Foreign Sanctions Evaders List; and similar lists of entities.
  3. Must not reside or do business in a jurisdiction in which TSIA’s services are prohibited under applicable law.
  4. You must register with an email based on a valid business domain.
  5. You must not be considered by TSIA to be working for a competitor of TSIA.

2. Benefits of Registration. TSIA will provide you with the benefits of registration that correspond with your user type in accordance with Section I(4) above.  TSIA is entitled to add, discontinue, or change portions of its offerings to you, without liability to you or any third party.

3. Distribution of Entitlements. Only Permissioned Users are entitled to distribute Entitlements within their organizations.  If you are a Permissioned User and you distribute Entitlements to yourself or others:

  1. You must only distribute Entitlements to others within the organization linked to your profile in the Portal and no one else; and
  2. You are representing to TSIA that you have the authority to distribute these Entitlements to the recipients you choose to receive them.

4. Registration Information. You represent to TSIA that all Digital Onboarding information you provide to TSIA is accurate, current, and complete.

5. Licenses and Restrictions on Licenses.

a. If you are a Permissioned or Non-Permissioned User, TSIA hereby grants you a non-exclusive, non-transferable, and non-sublicensable license (or sublicense from a TSIA partner or member) to use, link to, make copies of, and distribute Member-Protected Content within your organization, and TSIA Portal Content and Publicly-Available Content both within and outside your organization.  You must give attribution to the source or author of the Content, regardless of Content type. 

Examples of permissible uses of Member-Protected Content include:

  1. Posting it to internal-only websites or other means of broad internal-only distribution;
  2. Including it in slides for internal-only presentations; and
  3. Referencing it during internal-only meetings.

b. If you are a Free User, TSIA hereby grants you a non-exclusive, non-transferable, and non-sublicensable license (or sublicense from a TSIA partner or member) to use TSIA Portal Content and Publicly-Available Content, both within and outside your organization, only by linking to such Content in the Portal.  Cutting and pasting, re-typing, and screenshots of TSIA Content is expressly prohibited.

6. Restrictions on the Use of Generative Artificial Intelligence.

  1. “Generative AI” means a form of artificial intelligence that generates new and original software, data, or other content using algorithms and machine learning models trained on a large dataset of examples.
  2. “Generative AI System” means a chatbot, API, Supplemental Browser Software Component, Chatbot plugin, or other application that receives prompts, queries, and other inputs and produces or conveys outputs based on the use of Generative AI.  Generative AI systems include, but are not limited to OpenAI ChatGPT and GPT-4, Google Bard, and Microsoft Bing Chat.
  3. “Chatbot Plugin” means a plugin software component that adds a specific feature to an existing chatbot, which may include accessing data beyond its training data or connecting with the APIs of third parties, for example to obtain products or services from these third parties.
  4. “Supplemental Browser Software Components” means browser plugins, extensions, and other add-ons that add features to browser software.
  5. You must not copy, paste, transmit, or otherwise use any TSIA Content as a prompt, query, or other input for use with a Generative AI System.

7. Confidentiality. If you are a Permissioned User or a Non-Permissioned User, you may receive access to Member-Protected Content.  You agree to maintain Member-Protected Content in confidence and must not disclose Member-Protected Content to anyone outside your organization without TSIA’s written consent.  You must not use Member-Protected Content except as permitted by your employer consistent with your employer’s agreement with TSIA.

8. Intellectual Property Rights. You acknowledge and agree that TSIA Content is the sole property of TSIA and its licensors, and it is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  

9. Control of the Site. TSIA reserves the right to remove any User Content and to change any TSIA Content on the Portal it believes is necessary to remove or change in the course of its administration of the Portal in its sole discretion, including any User Content that violates the TSIA Code of Conduct.

10. Copyright Complaints. If you believe that any User Content or TSIA Content on the Portal violates your copyright rights, please send TSIA a written, signed “take down” request notice through the link for reporting copyright complaints on the Portal here or by sending a notice to TSIA under Section II(19) below.  Any such request must be in the form of a sworn statement made under penalty of perjury, and must include information sufficient to identify the work you claim to have been infringed, to provide TSIA with means to communicate with you, to confirm that the use you report is unauthorized, and a statement that you are the copyright owner or acting as a duly authorized representative of the owner.

11. Warranty. TSIA warrants that the Portal and the TSIA Content on the Portal to which you have access conform in all material aspects to TSIA’s published descriptions of them.

12. GENERAL DISCLAIMER OF WARRANTY.  EXCEPT AS WARRANTED IN SECTION II(11), THE PORTAL AND TSIA CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSIA AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU ARE RESPONSIBLE FOR DETERMINING THAT THE PORTAL AND TSIA CONTENT MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY THAT YOU NEED, AND TSIA DISCLAIMS ANY SUCH RESPONSIBILITY.  TSIA MAKES NO WARRANTY THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF MALICIOUS SOFTWARE, OR ERROR-FREE, THAT THE INFORMATION ON THE PORTAL WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE PORTAL OR TSIA CONTENT WILL BE CORRECTED.  TSIA IS NOT RESPONSIBLE FOR THE USER CONTENT ON THE SITE OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICE.

13. SPECIFIC DISCLAIMERS.

  1. NOTHING IN TSIA CONTENT CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF PARTICULAR TECHNOLOGIES OR VENDORS.
  2. YOU ACKNOWLEDGE THAT YOU ARE ULTIMATELY RESPONSIBLE FOR THE BUSINESS DECISIONS THAT YOU MAKE.  TSIA CONTENT SHOULD BE CONSIDERED AS ONLY ONE SOURCE OF INFORMATION FROM AMONG MANY SOURCES.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL TSIA OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF TSIA OR ONE OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.  IN NO EVENT SHALL TSIA’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, THE PORTAL, OR THE TSIA CONTENT, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED $500.  THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnity. You agree to indemnify, hold harmless, and defend TSIA and any parent, subsidiary, or affiliate of TSIA, as well as any of its respective officers, directors, members, employees, and agents (each of whom is referred to as an “Indemnified Party”) against all claims, demands, suits, losses, damages, liability costs, actions, judgments, and expenses (including reasonable attorney’s fees) arising from or in connection with:

  • a. Your breach of any warranty or section of this Agreement or any false representation;
  • b. Any violation of law by you;
  • c. Any User Content you post on or share using the Portal;
  • d. Any and all claims by third parties against one or more Indemnified Party based on allegations
    • i. That your User Content infringes upon any intellectual property rights; or
    • ii. Relating to your use of the Portal or TSIA Content or your acts or omissions during your use of the Portal.

16. Term and Termination. This Agreement shall remain in effect until terminated.  You may terminate your registration and this Agreement by providing notice to TSIA or following the instructions on the Portal.  In addition, TSIA shall be entitled to terminate your registration and this Agreement at any time, for any or no reason, without prior notice or explanation, and without liability, and after such termination, you cannot access the Portal.  Without limiting the generality of the foregoing, TSIA is entitled to terminate your registration and this Agreement if you violate any term of this Agreement, if one of your representations is false, and after any such termination, you must not use the Portal or attempt to register again for it.  This sentence and Section II Subsections 7, 8, 9, 10, 12, 13, 14, 15, 17, 19, and 20 shall remain in effect even if this Agreement or your registration expires or is terminated for any reason.

17. Agreement to Arbitrate.

  • ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Disputes”) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF THE PORTAL, TSIA CONTENT, TSIA ENTITLEMENTS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH DISPUTES. Arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Jose, California U.S.A. The language of the arbitration shall be English.
  • Nothing in this Agreement prevents you or TSIA from bringing an individual action in small claims court.
  • Nothing in this Agreement prevents you or TSIA from seeking injunctive relief, damages, or other relief based on a breach of Section II(7), or an infringement of your or TSIA’s intellectual property rights.
  • Except for small claims court suits permitted under Subsection (b), you and TSIA irrevocably consent to the jurisdiction of the federal and state courts located in San Jose, California U.S.A. for the purpose of resolving any action at law or in equity not arbitrated arising out of or relating to this Agreement or brought by party arising out of or relating to intellectual property rights or a breach of Section II(7).
  • To the maximum extent permitted by applicable law, you and TSIA each agree:
    • To waive the right to trial by jury,
    • No arbitration or claim under this Agreement shall be joined with any other arbitration or claim,
    • No class arbitration proceedings shall occur, and,
    • To waive any rights to class arbitration.
  • The arbitrator's award will state the essential findings of fact and conclusions or law upon which the arbitrator based the award. The arbitrator’s award of damages must be consistent with Section II(14) which limits the categories of damages for which you or TSIA may be liable.
  • The Company will pay the expenses charged by JAMS, Inc. to administer the arbitration.
  • You and TSIA may change the dispute resolution procedures in this section by a later written agreement.
  • You are entitled to opt out of the terms of this Agreement to Arbitrate in this Section II(17) or any amendment to this Section II(17) by sending a written notice to TSIA at privacy@tsia.com within thirty days after first becoming bound by this Agreement to Arbitrate in Section II(17) or any amendment of it. Opting out of an amended version of this Agreement to Arbitrate does not affect your agreement to arbitrate disputes under this Section II(17) before the date TSIA receives your opt out notice. You must provide a contact name, email address associated with your account, postal address, and username. Opting out of the Agreement to Arbitrate in this Section II(17) shall not affect any other section of this Agreement

18. Amendments. TSIA reserves the right to change this Agreement upon sending you notice.  Your continued use of the Portal or any Entitlements after any changes are posted demonstrates your acceptance of these changes.  Please review to the latest version of this Agreement on the TSIA website to make sure you are in compliance with any changes to it.

19. Notices.  Any legal notices required or permitted under this Agreement must be in writing and addressed as set forth below.  You or TSIA may change an address for notice purposes by sending written notice in accordance with this Section.

  1. Notices to TSIA must be sent by postal mail (postage prepaid and sent registered or certified mail return receipt requested), by national or international overnight courier service (e.g. Federal Express, DHL, UPS) that confirms delivery in writing, or by email.  TSIA’s addresses for notices are:

Postal address:

TSIA

C/O Legal

17065 Camino San Bernardo, Suite 100

San Diego, CA 92127

Email:  finance@tsia.com

  1. TSIA will send legal notices to you by email.  You may change your email address in our records by 

20. Miscellaneous. This Agreement (including the documents incorporated by reference in it) constitutes the entire agreement and understanding between you and TSIA and supersedes all prior agreements, whether oral or written, between you and TSIA with respect to the subject matter of this Agreement.  No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by you and an authorized representative of TSIA.  Any failure of TSIA at any time to require performance of any of your obligations shall not affect TSIA’s right to enforce any parts of this Agreement at a later time, and any TSIA waiver of any rights arising out of any breach of this Agreement shall not be construed as TSIA’s waiver of any rights arising out of any prior or subsequent breach. TSIA may freely assign or transfer (in whole or in part) this Agreement with or without notice thereof to you.  You may not assign this Agreement or delegate its duties under this Agreement without TSIA’s prior written consent.  This Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted heirs, representatives, beneficiaries, successors, or assigns.  The unenforceability of any sections of this Agreement shall not cause the remainder of the Agreement to be unenforceable or impaired.  If any section of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the offending provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties.  The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement.

Date:  January 29, 2024

‍