Infotech Terms of Use

Info-Tech Research Group Inc., including its subsidiaries and affiliates (“Infotech” or “we”) is a firm which provides the following services (collectively, the “Services”) on an annual-subscription basis:

• Access to Infotech’s proprietary business intelligence and data analytics cloud platform (the “CIO Analytics Platform”);
• Production of and access to proprietary research content (including tools, guides, reports, templates, diagnostics, workshops and industry best practices) (the “Research Services”); and
• Access to Infotech’s analysts for expert support related to the CIO Analytics Platform and/or Research Services (the “Advisory Services”).

These Terms of Use will govern, and be referenced in, a sales contract (“Service Agreement”) between Client and Infotech. A “Client” is defined as the entity that purchased the subscription services. A “User” is defined as any named employee or representative of a Client who is authorized to use the Services pursuant to a Service Agreement as a seat-holder approved by Infotech (or in the case of any publicly available Services provided to any person without any Service Agreement then in-place, the user of such Services).

These Terms of Use outline the terms and conditions under which Client and Users may use the Services, which are the property of Infotech. If no Service Agreement has been executed, use of this site and the Services constitutes acceptance of these Terms of Use by Client/User (as the case may be).

1. Ownership of the Services

The Services are owned by © Info-Tech Research Group Inc. and are protected by copyright. All rights reserved except as otherwise provided in these Terms of Use. The Services may contain Infotech’s trademarks or trademarks owned by others. All copyrighted content, software, platforms, databases, and trademarks are protected by Canadian, U.S. and international copyright laws and conventions.

2. Grant of License

In consideration of, and conditional upon, Client’s compliance with its obligations in a Service Agreement and these Terms of Use, Infotech grants Client (and/or User as the case may be) a limited, non-exclusive, license to access and use the Services described in a Service Agreement for the term of the Service Agreement, in accordance with the below terms:

• Unless expressly agreed otherwise in writing, the Services may only be used for Client’s internal business purposes and Client (and/or Users) may not: license or sub-license, sell, resell, lease, transfer, distribute, or otherwise exploit the Services or make the Services available to any third party.
• Users may access and download any of the tools or templates included in the Research Services for User’s personal reference. User may make derivative works from research content included in the Research Services and distribute such derivative works internally but may not distribute the research content or derivative works externally, including but not limited to for commercial or resale purposes.
• Users may forward or share individual research documents internally within employee workgroups on a project or ad-hoc basis for bona fide internal business support but may not regularly share content with others in a way which circumvents or abuses Infotech’s seat-based pricing model.
• Client/Users may make a single copy of documents or extracts thereof included in the Research Services for archival or other bona-fide internal business use, provided that the original Infotech copyright notice and date of publication remains affixed without alteration.
• Client/Users must not distribute or disseminate (or permit the distribution or dissemination of) the Services or any research content to any third parties without Infotech’s express written permission.
• Users may submit requests for permission to copy or use research content or Research Services in other ways to Infotech.
• Client/Users must not reverse engineer, decompile, or scrape any aspect of the Services.

Any other use, reproduction, or dissemination of the Services in any form or by any means is forbidden without Infotech's written permission, and without limiting the generality of the foregoing, neither Client nor any User will, nor permit any third party to:

1. use or distribute any Service in any timesharing, online forum, public board, bulletin board or similar arrangement or otherwise for public display;
2. post any Service to any other online service or platform;
3. sublicense, lease, sell, offer for sale or assign the Services;
4. utilize Infotech research content or intellectual property to create, train, or otherwise advance generative artificial intelligence (AI), large language models (LLMs), machine learning algorithms or software, and other technological innovations for the production of derivative works, compilations, collective endeavors, or any other purpose;
5. use Infotech's name or any excerpts from the Services in the promotion of its products or services;
6. circumvent, disable, interfere with or otherwise defeat, or attempt to do any of the foregoing, any encryption, authentication, access control, rate limit, usage restriction, anti-scraping or bot-detection measure, watermarking or digital rights mechanism, or other security or technical protection measure in the Services, Infotech’s websites, or any related networks, systems, applications or interfaces (collectively, “Infotech Systems”), or gain or attempt to gain access to any Infotech Systems, accounts or data for which Client or the User has not been expressly granted the appropriate rights of access, including by using another User’s credentials;
7. use the Services for or knowingly transmit to Infotech or upload to any Infotech site or network any illegal, improper or unacceptable material or use them for illegal, improper or unacceptable practices including without limitation the dissemination of any defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material, viruses, trojan horses, time bombs, worms, or other harmful code designed to interrupt, destroy, or limit the function of any software, hardware or communications equipment, unsolicited mass email or other internet based advertising campaigns, privacy breaches, denial of use attacks, spoofing, or impersonation.
8. scan, probe, test or otherwise assess the security, vulnerability or performance of the Services, Infotech’s websites, or any related networks, systems, applications or interfaces (collectively, “Infotech Systems”), including by means of vulnerability or port scanning, penetration testing, fuzzing, load or stress testing, or any automated security tool, or attempt to breach or bypass any security or authentication measure, in each case without Infotech’s prior express written consent. Any testing to which Infotech consents must be conducted strictly within the scope, timing and conditions Infotech specifies in writing. This restriction applies equally to Client and to any third party acting on behalf of Client or its Users. Client and Users must promptly report to Infotech at security@infotech.com any vulnerability in the Infotech Systems of which they become aware, must not exploit or disclose it to any third party, and must treat all information about it as Infotech’s Confidential Information.

3. Users

Users must be authorized to use the Services by Infotech. Users must maintain and protect the confidentiality of any password(s) and are responsible to ensure that the passwords are effective. Users must not share their password(s) with anyone else or allow their account to remain “logged in” on coworkers’ devices or workstations. Users shall advise Infotech immediately if they discover that their password has been compromised, at the following number +1 519 432 3550. Client is responsible for ensuring that Users understand and comply with their, and Client’s, obligations under these Terms of Use.

To nominate and set up Users, Client must provide the names and business contact information of its nominated employees. In such case, and in any other circumstance in which Client provides personal information regarding its employees to Infotech, Client must have all necessary rights, provided any required notices, received any required consents, and otherwise have lawful authority to share such employee information with Infotech.

4. Protection of Client Data

Infotech will maintain administrative, physical and technical safeguards designed to protect the confidentiality and integrity of Client Data (defined as “all data submitted, uploaded, connected, or made available by, or on behalf of, the Client or its Users in the course of the provision of the Services”). Infotech will only access, use, process, modify, delete or disclose Client Data: (a) to provide the Services in accordance with a Service Agreement and these Terms of Use; (b) as compelled by law in accordance with the Confidentiality section below or as required under applicable law; (c) to send to Users communications about the Services; and (d) as expressly permitted in writing by Client. Infotech will, at all times, maintain enterprise-grade agreements with its sub-processors which will require such sub-processors to adhere to the same obligations regarding confidentiality and protection of Client Data and Confidential Information as those described in these Terms of Use. Infotech’s sub-processors are listed at https://www.infotech.com/legal/sub-processors, which list may be updated from time to time to reflect Infotech’s then-current sub-processors.

Notwithstanding the foregoing, Infotech’s business includes benchmarking and diagnostic services which allow our Clients to compare the performance of their business units against proprietary and anonymized peer data sets for the benefit of our Clients. As such, Infotech may create De-Identified Data (defined as “data that has been processed to remove or obscure any information that could reasonably be used to identify a person, User or Client, such that the data cannot, alone or in combination with other reasonably available information, be linked back to an identified or identifiable person, User or Client”) and/or Aggregated Data (defined as “data combined with data derived from other customers or sources and presented in a form that does not permit the identification of Client or any person or User”) from Client Data, and Infotech may use and retain such De-Identified Data and Aggregated Data for lawful business purposes, including to deliver, develop and improve the Services, provided that Infotech complies with all applicable laws and these Terms of Use. Infotech owns all De-Identified and Aggregated Data.

5. Security Incidents

If Infotech confirms any unauthorized access to, or acquisition, disclosure, loss or alteration of, Client Data in the possession or control of Infotech or its sub-processors (a “Security Incident”), Infotech will notify Client without undue delay after such confirmation. The notice will describe, to the extent then known, the nature of the Security Incident, the categories of Client Data affected, its likely consequences, and the measures taken or proposed to contain and remediate it and will identify a point of contact. Infotech may provide this information in phases as it becomes available. Infotech will take reasonable steps to contain, investigate and remediate the Security Incident and will provide reasonable cooperation to enable Client to meet its own legal notification obligations. Except as required by applicable law, Infotech will not notify any individual, User or regulator of a Security Incident affecting Client Data without Client’s prior consent. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Client Data, such as pings, port scans, failed log-in attempts or blocked denial-of-service attacks. Infotech’s notification of, or response to, a Security Incident is not an acknowledgment of fault or liability.

6. Integrations and Access to Client Systems

The CIO Analytics Platform may be configured to connect to applications, systems, databases or environments operated by or on behalf of Client (“Client Systems”) by means of an application programming interface (“API”) or similar connection (an “Integration”), in order to retrieve data for use in the CIO Analytics Platform.

Client authorizes Infotech, its personnel and its sub-processors to access the Client Systems identified by Client for the purpose of establishing and operating an Integration and providing services within the CIO Analytics Platform. Client represents and warrants that it has the right and authority to grant this authorization, that it has obtained all consents, licences, notices and approvals required for Infotech to access the Client Systems and the data within them, and that such access does not breach any agreement between Client and any third party, including the terms of use of any third-party application or platform to which an Integration connects.

Infotech will access the Client Systems only to the extent reasonably necessary to provide the CIO Analytics Platform, and only through the connection method, credentials and permission scopes provisioned by Client. Infotech is under no obligation to establish or maintain an Integration with any particular Client System.

Client is solely responsible for provisioning, configuring, securing, maintaining and revoking the credentials, access tokens, service accounts and permission scopes used for an Integration, and for ensuring that they are limited to the access reasonably necessary for the CIO Analytics Platform. Client must promptly notify Infotech if any such credential is compromised or should be revoked. Infotech will use such credentials solely to provide the CIO Analytics Platform, and on expiry or termination of the applicable Service Agreement will cease to use them and will delete or disable them within its systems.

Client acknowledges that Infotech’s access to the Client Systems is for the sole purpose of providing the CIO Analytics Platform and does not constitute, and must not be relied upon as, any form of monitoring, audit, security assessment, penetration test, vulnerability scan, incident detection or compliance review of the Client Systems. Infotech has no obligation to identify, report on or remediate any defect, vulnerability, misconfiguration, data quality issue or unlawful content within the Client Systems, whether or not it becomes aware of the same.

Integrations depend on third-party applications, platforms, networks and interfaces that are not controlled by Infotech. Infotech is not responsible for the availability, performance, functionality, rate limits, security or continued operation of any Client System or third-party platform, or for any change to, deprecation of or withdrawal of any third-party interface, and the Service Availability section applies to Integrations in the same manner as it applies to the CIO Analytics Platform. Infotech may suspend an Integration immediately where it reasonably considers that doing so is necessary to protect the security, integrity or performance of the Services, or where continued access would place Infotech in breach of applicable law or of any third party’s rights and will notify Client where practicable.

Data retrieved from the Client Systems through an Integration constitutes Client Data and is subject to the Protection of Client Data section. Client acknowledges that the CIO Analytics Platform and any Generated Output (as defined below) derived from such data depend entirely on the accuracy, completeness, currency and configuration of the Client Systems and the data within them, and the Accuracy of Information and Warranty section applies accordingly.

A claim arising from Client’s authorization of an Integration, Client’s compliance with the terms of use of any third-party application or platform, or Client’s management of Integration credentials, falls within Client’s indemnity obligations in the Indemnification section.

7. Confidentiality

In these Terms of Use “Confidential Information” means all non-public information disclosed by or on behalf of a party, in any form, of a commercially sensitive or proprietary character that is marked as confidential or that a reasonable person would understand to be confidential. The “Disclosing Party” is the party disclosing Confidential Information and the “Receiving Party” is the party receiving Confidential Information. However, Confidential Information does not include information that:

• is or becomes publicly available other than through a breach of these Terms of Use by the Receiving Party;
• is lawfully received by the Receiving Party from a third party without a duty of confidentiality;
• was in the Receiving Party's possession free of any obligation of confidence prior to disclosure by the Disclosing Party; or
• was developed independently without use of any Confidential Information.

The Receiving Party shall: (1) use the Confidential Information solely to exercise its rights and perform its obligations under any applicable Service Agreement(s) between the Receiving Party and Disclosing Party and under these Terms of Use; (2) protect it using at least reasonable care, and (3) not disclose, publish or communicate the Confidential Information to any third party without the prior written consent of the Disclosing Party. However, the Receiving Party may disclose the Confidential Information to its employees, affiliates, contractors and professional advisors who need to know it and are bound by confidentiality obligations at least as protective as those in these Terms of Use, provided that the Receiving Party remains responsible for their compliance. The Receiving Party may also disclose Confidential Information to the extent required by law, provided that, where legally permitted, it gives the Disclosing Party prompt written notice and reasonable assistance to seek protective treatment. Upon termination or expiration of this Agreement, Infotech shall cease providing the Services and shall handle Client Data in accordance with applicable law. Upon written request, the Receiving Party shall return or destroy the Disclosing Party's Confidential Information, except for copies retained under law or routine backup procedures, which remain subject to this Section. These obligations continue for three years after disclosure, except that trade secrets will be protected for so long as they remain trade secrets under applicable law.

Notwithstanding anything to the contrary in these Terms of Use, De-Identified Data and Aggregated Data are not Confidential Information.

8. AI Features

The Services described in a Service Agreement may include optional functionality which incorporates artificial intelligence (“AI”), machine learning, or similar technologies (“AI Features”).

AI Features may be developed by Infotech or provided by third-party service providers at Infotech’s direction. Raw data, text input, or other content submitted by Users/Client in the AI Features is the “Input”, and any content generated by the AI Feature in response to the Input is the “Output.” Input constitutes Client Data for the purposes of these Terms of Use. Infotech may use AI-powered tools to assist its analysts and researchers in developing content and delivering Services. AI is used as a support tool only and does not replace professional judgment.

Client retains its rights in Input and, as between the parties, owns Output to the extent permitted by applicable law. Nothing in these Terms transfers ownership of any component of Infotech's Services (including but not limited to intellectual property, methodologies, research content, trademarks, or other proprietary materials that may be reflected in, incorporated into, or used to generate Output).

Neither Input nor Output will be used to train or improve any AI model. Nothing in the foregoing restricts Infotech's use of De-Identified Data or Aggregated Data in accordance with these Terms of Use, including for product development, analytics, service improvement, and/or the training of proprietary Infotech AI models (but never public models).

Where Infotech AI is powered by third-party AI providers listed on Infotech Research Group’s Sub-Processors page, Infotech contractually (or via associated controls) requires those providers to refrain from training their own models on the Input.

Client and/or Users are solely responsible for reviewing, validating, and using the Output. Client must have the necessary rights, permissions and/or consents to share any Inputs with Infotech.

Clients and Users must:

• not use Outputs to develop competing AI models or services;
• not misrepresent Output as being exclusively human-generated;
• not use AI Features or Output to make automated decisions that may negatively impact any person (including Client’s employees) without appropriate human review;
• comply with all usage guidelines and technical limits provided by Infotech;
• independently verify and validate all Outputs and ensure that decisions made based on Output are made with human oversight; and,
• not attempt to bypass, disable or manipulate any safeguard, filter or usage restriction in the AI Features, including through prompt injection or attempts to extract system instructions, model configurations, or other users’ data.

9. Term

The Term applicable to the Services will be governed by the corresponding Service Agreement. The Services are generally "subscription" services that have a fixed Term with no auto-renewal – they must be renewed in writing at the end of the term. Workshop credits purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase if unused during the Term. Workshops purchased outside membership expire without refund or credit one (1) year after purchase. Infotech may terminate a User's access at any time if the User or Client violates the Terms of Use or Service Agreement.

10. Cancellation

The Services are annual subscription-based services sold with a fixed term. As such, an executed Service Agreement may not be terminated for convenience. Client may, however, terminate a Service Agreement in the event that:

1. Infotech breaches these Terms of Use, changes or discontinues Services; and
2. Such breach, changes or discontinuance materially affects the User’s use of the Services; and
3. Client or User notifies Infotech of this material effect; and
4. Infotech is unwilling or unable to reverse such changes within 20-business days.

11. Changes

Infotech strives to innovate. Infotech may update, upgrade or otherwise change or discontinue content, features or other aspects of its Services. Infotech will not make changes that cumulatively degrade the quality of a paid subscription to the Services. Infotech also reserves the right to change the terms and conditions applicable to your use of the Services, unless Infotech has otherwise agreed in a Service Agreement. Use of the Services after such changes shall be deemed to be acceptance by User of such changes. These terms were last revised on October 23, 2026.

12. Service Availability

Client acknowledges that the Services are advisory, research and analytics services, and are not designed or intended for use as, or as a substitute for, critical infrastructure, network infrastructure, critical software, security services, or any application in which interruption could result in loss, damage or harm. Client is responsible for determining whether the Services are appropriate for its intended use and for maintaining its own continuity arrangements.

Accordingly, Infotech does not offer and these Terms of Use do not include any service level agreement, uptime guarantee, availability target, support response commitment, or service credit regime, and the Services are provided on an as-available basis.

By way of information only, and not as a representation, warranty or commitment, Infotech's measured availability for its website and the CIO Analytics Platform has historically exceeded 99.9%, excluding scheduled maintenance. Infotech intends to continue operating the Services to a comparable standard and will use commercially reasonable efforts to do so, but gives no assurance that any particular level of availability will be achieved. Availability may be affected by scheduled or emergency maintenance, failures of third-party hosting, networks or telecommunications, acts or omissions of Client or its Users, and events beyond Infotech's reasonable control.

No failure to achieve any level of availability constitutes a breach of these Terms of Use, a change to or discontinuance of the Services for the purposes of the Cancellation section, or a failure of the essential purpose of these Terms of Use.

13. Accuracy of Information and Warranty

The information contained in the Services, including any dashboarding, benchmarking, scores, metrics, visualizations or other output generated automatically by the CIO Analytics Platform (“Generated Output”) has been obtained from sources believed to be reliable, but Infotech does not warrant the completeness, timeliness or accuracy of any information contained in the Services or any Generated Output. Generated Outputs for the CIO Analytics Platform are dependent on the accuracy, completeness and timeliness of the Client Data and other information provided by or on behalf of Client and its Users.

The Services are intended to: help identify business risks; provide insights based on industry research and comparative analytics; and to help you focus on certain matters which may be affecting your business. Infotech does not provide legal, accounting or other professional advice, nor should any advice from Infotech be construed as such. We encourage you to seek professional advice whenever necessary.

Infotech expressly excludes and disclaims all express or implied conditions, representations and warranties including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, to the extent allowable by law.

User/Client assumes sole responsibility for the selection of the Services, and for any reliance on or decisions made using the Services or any Generated Output, to achieve its intended results. The opinions expressed in the Services are subject to change without notice. Generated Output reflects the data available at the time of generation and may change as underlying data is updated.

14. Non-Solicitation of Employees

Client agrees that, during the term of any Service Agreement and for 2 years thereafter, it will not directly or indirectly solicit for employment or hire any Infotech employee without Infotech’s prior written consent, though this clause does not apply to the extent that the employee in question applied to a public job posting without any solicitation from the Client.

15. Indemnification

Infotech will defend, indemnify, and hold harmless the Client from and against any claims, demands, actions, liabilities, costs, and damages to the extent arising from a 3rd party claim alleging: (a) the Services infringe or misappropriate such 3rd party’s intellectual property rights; (b) a breach of Infotech’s confidentiality obligations in these Terms of Use; or (c) death, bodily injury, or damage to tangible property caused by Infotech’s acts or omissions.

16. Limitation of Liability

In no event is Infotech liable for any special, indirect, consequential, incidental, or punitive damages however caused, whether in contract, tort, negligence, strict liability, operation of law or otherwise, (including without limitation damages for lost profits, business interruption or loss arising out of the use of or inability to use the Services, or any information provided in the Services, or claims attributable to errors, omissions or other inaccuracies in the Service or interpretations thereof), even if Infotech has been advised of the possibility of such damages. Infotech's total liability shall in no event exceed the amount paid by the Client for the Service in question.

User and Client acknowledge that Infotech has set its prices and sold the Services to it in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between the Client and Infotech is found to have failed in its fundamental or essential purpose or has been fundamentally breached.

17. Links to Third-Party Sites

Any third-party sites that are linked in the Services (for example, in research bibliographies or marketing materials) are not under Infotech's control. Infotech is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Infotech provides links as a convenience only and such links do not imply any endorsement by Infotech of those sites.

18. Investment Advice

The Services are not intended to be used for the purpose of, or as a basis for, making investment decisions or recommendations with respect to securities of any company or industry and Infotech assumes no liability for decisions made, in whole or in part, on the basis of any information contained in the Services.

19. Governing Law

This site and any Service Agreement are governed by the laws of the following jurisdiction, without regard to any conflicts of laws principles and excluding the United Nations Convention on Contracts (the “Contract Jurisdiction”):

• The State of Delaware, if the Client is headquartered in, the United States of America; or;
• The Province of Ontario in any other case.

Any legal action against Infotech shall take place in the courts of the Contract Jurisdiction. The parties attorn to the non-exclusive jurisdiction of the courts of the Contract Jurisdiction.

20. Entire Agreement

These Terms of Use, together with any Service Agreement(s) signed by the parties, contain the complete and exclusive statement of agreement between the parties and supersedes all purchase order terms and conditions, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral.

21. Privacy

A User's right to privacy is of paramount importance to Infotech. See our Privacy Policy for more detail. Infotech may use Client’s name and logo to identify Client as a customer of Infotech.

22. Contact Information

Attn: Legal Department

legal@infotech.com

Toll Free: +1 888 670 8889
International: +1 519 432 3550