Terms of Use
These terms of use (the “Terms of Use”) constitute a legally binding agreement between Vista Equity Partners Management, LLC (together with its affiliates, “Vista Equity Partners”) and you, the user of the Vista Equity Partners website (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.
Vista Equity Partners reserves the right to amend the Terms of Use in its sole discretion at any time. Vista Equity Partners will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.
Use of the Site
Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Vista Equity Partners or for internal business purposes in furtherance of an existing business relationship with Vista Equity Partners. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:
- Use the Site for any commercial purpose or for the benefit of any third party;
- Frame or hyperlink the Site or any portion thereof without the prior written consent of Vista Equity Partners;
- Remove any proprietary notices from the Site or any copy thereof;
- Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Vista Equity Partners with respect to the Site and/or data transmitted, processed or stored by Vista Equity Partners; or
- Use the Site for any illegal or fraudulent purpose.
Regulatory Disclosures
The content of this Site is for general, informational purposes. Vista Equity Partners does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant Vista Fund (the “Fund”) which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided herein is believed to be accurate and reliable, Vista Equity Partners, its advisors and employees make no express warranty as to its completeness or accuracy.
Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice.
The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of Vista Equity Partners.
This Site includes information regarding Vista Equity Partners’ past and present portfolio companies. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Vista Equity Partners’ past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.
The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Vista. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.
Assets under management (“AUM”) as of 09/30/2023. Vista’s AUM generally represents the net asset value (“NAV”) of assets Vista manages based on US GAAP plus unfunded commitment amounts as of the measurement date. NAV refers to the fair value of the assets of a fund less the liabilities of a fund. VPS’ AUM includes $100MM investment from VEPF V. Vista Credit Partners’ AUM generally represents: (1) the fair market value of assets held in VCP-sponsored investment vehicles, including vehicles formed for the purpose of facilitating co-investments (collectively, the “Funds”), plus (2) unfunded equity commitments of the Funds, plus (3) amounts available to be borrowed under the Funds’ asset based credit facilities, with each figure calculated as of the aforementioned measurement date, plus (4) the fair market value of certain co-investments for which VCP provides non-discretionary investment advice. Vista’s AUM figures do not include assets held in certain employee contribution vehicles.
Credit assets deployed represents the cumulative capital deployed across the VCP platform, inclusive of leverage and recycling, as of 06/30/2023. FounderDirect origination reflects the aggregate size of FounderDirect deals sourced and originated by VCP from inception (2013) through 06/30/2023. VCP notes that a portion of certain of these deals were syndicated to non-VCP-managed investment vehicles, including VCP affiliates and third-party co-investors. Transaction data as of 06/30/2023. Transactions include all signed or closed deals. There can be no assurance that any pending transaction will be consummated at all or on the terms currently contemplated or that any future payouts will be obtained.
The 2023 Inc. Founder-Friendly Investors list is an annual list that was announced on October 31, 2023, which included a participation fee for consideration. The 2023 GrowthCap Top Private Equity Firms recognition is an annual recognition that was presented 09/2023, which included a participation fee for consideration. The 2023 PEWIN General Partner of the Year recognition is an annual recognition that was presented 07/2023. The 2022 PEI North America Deal of the Year recognition is an annual recognition that was presented 03/2023. The 2022 GrowthCap Top 25 Growth Equity Firms recognition is an annual recognition that was presented 03/2023, which included a participation fee for consideration. The 2022 Inc. Top Founder-Friendly Investors list is an annual list that was presented 10/2022, which included a participation fee for consideration. The 2021 Inc. One of the Top Founder-Friendly Investors for Entrepreneurs recognition is an annual recognition that was presented 10/2021, which included a participation fee for consideration. The 2020 Inc. One of the Top 50 Private Equity Firms for Entrepreneurs recognition is an annual recognition that was presented 10/2020, which included a participation fee for consideration. The 2022 GrowthCap Top 25 Private Equity Firms recognition is an annual recognition that was presented 09/2022, which included a participation fee for consideration. The 2022 M&A Enterprise Software Deal of the Year recognition is an annual recognition that was presented 02/2022, for which Vista pays for use of certain image usage rights. The 2021 M&A Enterprise Software Deal of the Year recognition is an annual recognition that was presented 02/2021, for which Vista pays for use of certain image usage rights. The 2022 M&A Technology Deal of the Year recognition is an annual recognition that was presented 02/2022, for which Vista pays for use of certain image usage rights. The 2021 GrowthCap One of the Top 25 Growth Equity Firms recognition is an annual recognition that was presented 02/2022, which included a participation fee for consideration. The 2021 GrowthCap One of the Top PE Firms for Growth Companies recognition is an annual recognition that was presented 08/2021, which included a participation fee for consideration. The 2020 Preqin One of the Most Consistent Top Performing Buyout Fund Manager recognition is a recognition that was presented 03/2020 covering the 2020 time period. The 2020 PE Wire Best Large Cap Buyout Manager recognition is an annual recognition that was presented 10/2020. The 2019 Buyouts Deal of the Year recognition is an annual recognition that was presented 03/2019. The 2019 PitchBook Dealmaker of the Year recognition is an annual recognition that was presented 02/2019. The 2016 PitchBook identification of Vista as top PE investors in SaaS was published 01/2016 covering the 2011 to 2015 time period. The 2013 Preqin acknowledgment of Vista as a consistent top performer was published in a Preqin Private Equity Performance Monitor published 01/2014 covering the 2000 to 2010 time period. The 2011 Berkery Noyes identification of Vista as most active acquirer in the private equity information industry was published 2012 covering the 2011 time period. 2022 Forbes 30 Under 30, PEI’s Future 40, and Buyouts’ Women in Private Equity nominees were required to apply for nomination. The 2022 Thought Leader Award is an annual award that was presented on 09/14/2022 by With Intelligence. The 2022 Insider 100 People Transforming Business recognition is an annual recognition that was presented 11/2022. The 2022 GrowthCap Top 40 Under 40 in Growth Investing recognition is an annual recognition that was presented 12/2022, which included a participation fee for consideration.
The Recognitions do not include information on all applicable private equity funds available for investment or all vintages of such private equity funds and therefore are necessarily incomplete. In particular, the Recognitions do not include the results of private equity funds that do not meet the specified investment strategy or other specified criteria, or that were raised prior to or subsequent to the cut-off dates specified in the criteria for such Recognitions. Inclusion of such private equity funds could materially affect the relative positioning of the private equity firms shown in the Recognitions. In addition, the Recognitions make certain assumptions and weightings, and other assumptions or weightings could lead to materially different results. Because the methodologies of the Recognitions are proprietary, it is not possible for a private equity firm to assess the universe of private funds included, including an assessment of whether such funds have investment programs or risk/return profiles similar to that of the funds managed by such firm. Use of other methodologies might lead to a private equity fund or firm being ranked in a materially different position. In addition, any Recognition that represents an aggregate performance of any private equity firm’s funds, including but not limited to the above mentioned Recognitions, is not necessarily indicative of any one investor’s experience. For the foregoing and other reasons, the Recognitions may not be an appropriate measure by which to assess the performance of any private equity fund.
The company logos of our corporate partner and affiliate organizations do not represent Vista or Vista fund investments and do not signify affiliation or endorsement.
Videos by Vista Equity Partners Management, LLC (together with its affiliates, “Vista Equity Partners”) contain the opinions of past and present Vista Equity Partners and portfolio company personnel. Vista Equity Partners makes no representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information in these videos. It should not be assumed that the portfolio companies discussed in these videos were profitable or that future portfolio companies or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. Under no circumstances should these videos be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Vista Equity Partners. The titles as represented are a reflection of individual roles and work at the time of filming and not necessarily indicative of current or future positions. Value Creation Team (“VCT”) consists of Vista professionals dedicated in whole or in part to operational matters (“Operating Professionals”) and the members of Vista Consulting Group (including OneVista) (“VCG”), a wholly-owned subsidiary of Vista. Vista Consulting Group (including One Vista) (“VCG”) is an affiliate of Vista and VCG personnel are not employees or partners of Vista Equity Partners and are compensated separately for their services by portfolio companies or the funds managed by Vista Equity Partners. Portfolio companies as represented are a reflection of Vista Equity Partners’ private equity portfolio at the time of filming and not necessarily representative of Vista Equity Partners’ current or future private equity portfolio. Branding of Vista Equity Partners’ private equity portfolio companies, including logos or other brand expressions, is a representation of such companies branding at the time of filming and is not necessarily indicative of current or future branding.
The case studies presented on this Site contain the opinions of past and present Vista Equity Partners portfolio company executives and are intended to be viewed by potential portfolio company executives. Vista Equity Partners makes no representation or warranty as to the accuracy or completeness of the information presented here. It should not be assumed that the portfolio companies discussed in these case studies were profitable or that future portfolio companies or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. VCG personnel are not employees or partners of Vista Equity Partners and are compensated separately for their services by portfolio companies or the funds managed by Vista Equity Partners. Under no circumstances should these case studies be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by Vista Equity Partners. Viewers should familiarize themselves with the full Terms of Use and other disclosures regarding the Vista Equity Partners website, which fully apply to these case studies.
Vista’s GHG Emissions report reflects emissions of Vista Equity Partners and not those its portfolio companies.
Transparency of Sustainability Risk Policies
Vista believes that the transformative power of technology is the key to an even better future – a smarter economy, diverse and inclusive communities, and a broader path to prosperity. Environmental, Social and Governance (ESG) practices and policies guide us in our effort to be responsible stewards of our fund clients (“Funds”) and Fund investors who have entrusted us with their investment capital. Vista seeks to integrate ESG considerations during the investment life cycle with engagement approaches designed to match Vista’s influence over the investment in accordance with its Responsible Investment Policy and related processes. More information about Vista’s policies on the integration of sustainability risks in their investment decision‐making process can be found at https://www.vistaequitypartners.com/responsibility/.
Transparency of Adverse Sustainability Impacts at Entity Level
Vista considers ESG factors as part of its investment process but, at this time, it does not consider adverse impacts of investment decisions on sustainability factors as specifically set out in EU Regulation 2019/2088 (SFDR). Vista has chosen not to do so for the present time as it considers that its existing ESG policies and procedures are appropriate, proportional and tailored to the investment strategy of the Fund. Vista continues to closely monitor regulatory developments with respect to the SFDR and other applicable ESG-focused laws and regulations, including the implementation of related and secondary legislation and regulatory guidance, and will, where required or otherwise appropriate, make changes to its existing policies and procedures.
Japan Disclosure
Pursuant to the Financial Instrument and Exchange Act of Japan, if you would like to obtain a copy of any Form 21-3 and/or Form 20-2 for Vista Equity Partners Fund VIII GP, L.P., and/or Vista Foundation Fund V GP, L.P., please make a request by email to [email protected].
Sources
Center for Retirement Research at Boston College, 07/2021, Public Plans Data.
Note: Percentages denote the proportion of U.S. teachers and education pensioners and U.S. public safety pensioners that Vista’s LPs represent. Pensioners are defined as all participants in a U.S. public pension fund, including both former public employees receiving benefits and current public employees entitled to future benefits. Methodology: Percentages are calculated by pulling data on U.S. public pension plans and their beneficiaries from the Center for Retirement Research website. This dataset tracks the number of beneficiaries per pension fund and classifies them by pensioner type (e.g. Teachers & Education, Public Safety). Pension funds are then mapped to Vista’s list of public pension LPs included in Vista’s Salesforce database. The result is Vista’s number of beneficiaries covered, which is divided by the total number of beneficiaries in each pensioner type to calculate percentages. The numbers highlighted are rounded down to remain conservative.
Risks You Assume
While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.
Links to Other Websites
This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Vista Equity Partners shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Vista Equity Partners. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Ownership
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Vista Equity Partners or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Vista Equity Partners or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Vista Equity Partners or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.
Disclaimer of Warranties
The Site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims or representations made by Vista Equity Partners, either express, implied or statutory, with respect to the Site, including warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Vista Equity Partners further does not represent or warrant that the Site will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.
Limitation of Liability
Vista Equity Partners does not assume any liability or responsibility for the Site or the Content. Vista Equity Partners is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.
Under no circumstances will Vista Equity Partners be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.
Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Vista Equity Partners, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. Vista Equity Partners reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Vista Equity Partners for all liabilities, losses or damages. You agree to provide Vista Equity Partners with whatever cooperation it reasonably requests.
Password Protected Investor Website
If you have received a password to access information provided to investors in the Funds website (the “Investor Website”), you acknowledge and agree that Vista Equity Partners has granted you limited access to specific information pertaining to certain Funds, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify Vista Equity Partners immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of Vista Equity Partners.
The Investor Website may contain material non-public information regarding the Funds or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.
If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.
Privacy
Your privacy is very important to us at Vista Equity Partners. To better protect your rights we have provided the Vista Equity Partners Privacy Statement to explain our privacy practices in detail.
International Use
Vista Equity Partners makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regarding internet usage. Vista Equity Partners’ databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.
Termination
Vista Equity Partners may terminate your access to this Site at any time, for any reason and without notice.
Miscellaneous
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of Vista Equity Partners at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to the Terms of Use against or relating to Vista Equity Partners or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”
If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact Vista Equity Partners at +1 (415) 765-6500.