Terms of Service
1. Who We Are
These Terms of Service apply to Everest Group, its website, current and future brands, products, prototypes, platforms and services, including Consouer. In these Terms, "Everest Group", "we", "us" and "our" refer to the Everest Group business operating this website and related services. The Everest Group name may change in the future, but these Terms continue to apply to the same business unless replaced.
2. Acceptance
By accessing our website, contacting us, using a prototype, requesting a proposal, or using any Everest Group product or service, you agree to these Terms. If you are using the services on behalf of a company, you confirm that you have authority to bind that company.
3. What We Provide
Everest Group builds AI products, agentic operating systems, workflow automation, intelligence layers and related digital infrastructure. Consouer is intended to help make company artifacts, workflows, tools and knowledge more legible to AI systems, including through connected context, agent structures, governance, memory and feedback loops.
Any specific deliverables, fees, timelines, support obligations or commercial terms must be set out in a separate written agreement, proposal, statement of work or order form signed or accepted by the relevant parties.
4. Accounts and Access
Where we provide access to a private workspace, prototype, portal or platform, you must keep login details secure and ensure only authorised users access it. You are responsible for activity that occurs through your account or workspace, except where caused by our breach of these Terms or applicable law.
5. Client Content and Instructions
You may provide information, documents, prompts, workflows, data, business context, files, outputs or other materials to us or to a product workspace ("Client Content"). You retain ownership of your Client Content. You grant us a limited licence to use, host, process, transmit, adapt and display Client Content as necessary to provide, secure, improve and support the services.
You must ensure that you have the right to provide Client Content to us and that it does not infringe third-party rights or breach applicable law. We do not use Client Content to train foundation models, and we contract with our AI model providers on terms that prohibit them from doing so.
6. AI Outputs
AI systems can generate incomplete, inaccurate or unexpected outputs. You are responsible for reviewing outputs before relying on them, publishing them, sending them to customers or using them for business decisions. Unless expressly agreed in writing, our products and outputs do not constitute legal, financial, medical, tax, accounting, employment or other regulated professional advice.
7. Acceptable Use
You must not use our website, products or services to:
- break the law or infringe the rights of another person;
- upload malicious code, attempt unauthorised access, probe or disrupt systems;
- submit content that is unlawful, defamatory, deceptive, abusive or discriminatory;
- misrepresent AI outputs as human-reviewed where they have not been reviewed;
- use the services to build competing services by copying our product design, code, workflows, prompts, architecture or confidential materials; or
- use the services in high-risk environments unless we have expressly agreed appropriate controls in writing.
8. Intellectual Property
We retain all rights in our website, platform, software, designs, product concepts, workflows, documentation, prompts, templates, systems, visual identity, trademarks, know-how and other intellectual property. Except as expressly permitted, you must not copy, modify, distribute, reverse engineer or commercially exploit our materials.
If you provide feedback, suggestions or ideas, we may use them without restriction or compensation, provided we do not disclose your confidential information contrary to these Terms or another written agreement.
9. Confidentiality
Each party must keep the other party's confidential information confidential and use it only for the purpose of the relationship. Confidential information includes non-public business, technical, financial, product, customer, strategy and operational information. This obligation does not apply to information that is public, independently developed, already known without restriction, or required to be disclosed by law.
10. Third-Party Services and Sub-Processors
Our services may connect with or rely on third-party services, including cloud providers, AI model providers, analytics tools, Google Workspace, Microsoft 365, GitHub, Notion, HubSpot, Slack, APIs, open-source software and other software platforms. Your use of third-party services may be subject to separate terms and privacy practices. We are not responsible for third-party services except to the extent required by law or agreed in writing.
The current list of sub-processors we engage to deliver our services is published in our Privacy Policy. We may add, change or remove sub-processors from time to time. Customers on a written agreement may request advance notice of new sub-processors and may object on reasonable grounds before they are engaged.
11. Privacy, Data Protection and DPA
We handle personal information in accordance with our Privacy Policy. You must not provide sensitive personal information, regulated data or confidential third-party data unless it is necessary for the services and you have authority to provide it.
Where we process personal data on your behalf as a processor, including where the European Union or United Kingdom General Data Protection Regulation applies, we make available a Data Processing Addendum (DPA) on request which, once signed, forms part of the agreement between us. The DPA addresses processor obligations, sub-processors, international transfers (including Standard Contractual Clauses and the UK Addendum where required), security, audit and breach notification.
12. Fees, Invoicing and Payment
Free or trial features may be offered from time to time and may be changed or withdrawn at our discretion. Paid services are governed by a separate written agreement, proposal, statement of work or order form that sets out fees, billing cycle, payment terms, currency, taxes and any minimum commitment. Unless that document says otherwise:
- fees are exclusive of GST and any other applicable taxes, which are payable in addition;
- invoices are payable within 14 days of issue;
- overdue amounts may accrue interest at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily, and we may suspend services for non-payment after reasonable notice;
- fees paid are non-refundable except where required by law or expressly stated in the relevant order form; and
- we may adjust fees on renewal with prior written notice.
13. Availability and Changes
We may update, suspend, change or discontinue parts of the website, prototypes, products or services. We aim to provide reliable services, but we do not guarantee uninterrupted availability, error-free operation or that every product feature will remain available permanently. Where a written agreement specifies a service-level commitment, that commitment prevails over this section to the extent of any inconsistency.
14. Warranties and Disclaimer
To the maximum extent permitted by law, and subject to section 15 (Australian Consumer Law), the website, prototypes, products and services are provided on an "as is" and "as available" basis. We do not make and expressly disclaim all warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or that AI outputs will be correct, suitable for any specific use, free of errors or biases, or compliant with any particular legal or regulatory standard.
You acknowledge that AI outputs are probabilistic and that you remain responsible for the use and consequences of any output you choose to rely on.
15. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
16. Liability
To the maximum extent permitted by law, we are not liable for indirect, consequential, special or loss-of-profit damages, loss of revenue, loss of goodwill, loss of anticipated savings, or loss or corruption of data, arising from your use of the website, products or services. Where liability cannot be excluded, our liability is limited, where permitted by law, to resupplying the relevant services or paying the cost of resupply. Our aggregate liability for all claims arising out of or in connection with these Terms is capped, to the maximum extent permitted by law, at the fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim, or AUD $1,000 where no fees have been paid.
17. Indemnity
You agree to indemnify and hold harmless Everest Group, its personnel, contractors and related entities from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or any written agreement with us; (b) your Client Content, including any claim that it infringes a third party's rights or breaches applicable law; (c) your use of AI outputs, including any decision made or action taken in reliance on them; or (d) your use of the services in a high-risk environment without our written agreement.
We will indemnify you against direct losses awarded by a court of competent jurisdiction in respect of a third-party claim that the services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights in Australia, provided you promptly notify us of the claim, give us sole control of the defence and settlement, and provide reasonable cooperation. This is your sole and exclusive remedy for any infringement claim.
18. Termination
We may suspend or terminate access if you breach these Terms, create security or legal risk, fail to pay agreed fees, misuse the services, or if continued access would be harmful to us, other users or third parties. Any rights or obligations that by nature should survive termination will continue, including confidentiality, intellectual property, payment obligations, disclaimers, indemnities and liability limits.
19. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.
20. Contact
Questions about these Terms can be sent to contact@everestgroupau.com.