Dr. Alok Aggarwal
17 min read . 16-07-2007

Knowledge Process Outsourcing (KPO): Origin, Current State, and Future Directions

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This is an updated report on Knowledge Process Outsourcing with figures that analyse the predictions for the future growth of KPO in India that we made more than three years ago. In this new study, we review the evolution of KPO to date and update our predictions for the industry for the rest of the decade.

Origins of Knowledge Process Outsourcing (KPO)

During the late 1990s, the success of Information Technology and Business Process Outsourcing to low-wage
countries and the resulting cost savings prompted several multinational companies to experiment with outsourcing
higher-end knowledge-based work. For example:

  • In 1997, General Electric’s captive unit in Bangalore, India, started providing services related to risk analytics to GE Capital (worldwide).
  • During 1998-99, American Express’ wholly owned subsidiary in Delhi-Gurgaon, India, started performing risk and credit analytics for several of its credit card divisions worldwide.
  • McKinsey and Company started its own captive centre (called McKinsey Knowledge Center) in 1998 in Delhi- Gurgaon, India, which started providing market research, business research and data analytics services to more than 6,000 of its consultants worldwide.

Although a few companies began providing higher-end, knowledge-based services as early as 1997, this trend did
not gain much momentum until 2003, and it was Evalueserve’s Chief Operating Officer, Ashish Gupta, who coined
the term Knowledge Process Outsourcing (KPO) in an effort to differentiate between his firm’s services and those of the established BPO firms. “KPO” has since come to refer to those outsourcing activities that require significant domain expertise (e.g., market research, business research, investment research, and data mining).

Shortly afterwards, in January 2004, I gave a seminar at Telcordia Laboratories in New Jersey titled, “Moving Up the
Value Chain in Broad Based Outsourcing Services,” wherein I provided Evalueserve’s forecasts regarding the growth
of the KPO industry from 2003-04 to 2010-11. The contents of this talk were later summarized in a July 2004 report,
titled “The Next Big Opportunity – Moving Up the Value Chain – From BPO to KPO” which essentially stated that the
entire KPO sector worldwide would increase from a revenue base of US $1.2 billion in 2003-04 to US $17 billion in
2010-11. Furthermore, within India, this sector would increase from a revenue base of US $1.08 billion in 2003-04 to
US $12 billion in 2010-11, and employ approximately 250,000 professionals in 2010-11.

Since this seminal paper in 2004, the acronym KPO has become part of the lexicon of the outsourcing industry
worldwide. Indeed, more than fifteen independent articles have been written on this topic (including those from
Deloitte Consulting, TPI, and PriceWaterhouseCoopers); at least seven firms providing such services have KPO as
part of their name; there are at least five annual conferences worldwide that are solely about KPO (and some even
have “KPO” as part of their names); about 120 captive units of large multinational companies are providing KPO
services to their offices in North America and Europe; the majority of the mid-sized and large IT and BPO companies
in India have a KPO division; and there are at least 262 “niche” companies in India providing third-party KPO
services.

In this article, we revisit our July 2004 report and analyse how this sector has changed during the last three years
and how it is expected to grow during the next four. We also delve deeper into the sub-sectors within the KPO
industry that are expected to do well (e.g., banking, finance, securities and insurance research; data mining and
analytics; and contract research organisations and biotech services) versus those that are still at a nascent stage
(e.g., legal and paralegal support services; remote logistic services and procurement support services; and network
optimisation and analytics services.)

Characteristics of KPO

A business process that is repeatable, scalable and that does not require the physical presence of a worker near the
client can theoretically be outsourced and offshored; this forms the basis of Business Process Outsourcing or BPO. A
Business Process Outsourcing or Offshoring firm’s function can be simply defined as follows: it acquires a process
from the end-client and runs it at its site until the process has reached its logical conclusion, after which it sends the
results – if any – to the client. In contrast, a KPO or Knowledge Process Outsourcing firm functions at a higher level
and can be differentiated from BPO firms in the following ways:

  • A KPO firm requires substantially more domain expertise (unlike a BPO firm, where the skills can usually be
    taught in a matter of days or weeks). In fact, Knowledge Process Outsourcing and Offshoring is an area where
    professionals continue to learn, just as doctors and lawyers undergo continuous training to learn new treatments
    and procedures and newer interpretations of existing laws. Hence, it is not surprising that training such
    professionals can range anywhere from two months (in Market Research & Data Collection) to a year or more (in
    Intellectual Property). Consequently, a good KPO firm is likely to care more about the depth of knowledge and
    experience and the judgment skills of its professionals than just its size.
  • Not surprisingly, experienced professionals can leverage their expertise to generate more revenues for the KPO
    firm. Such professionals [please check change] can earn anywhere between $80 and $500 per hour in the US
    and between $20 and $100 per hour in India. Clearly, the more experience its professionals have, the more the
    firm can earn. For example, an Indian Telecom Expert with ten years of experience can easily fetch up to $100
    an hour, whereas a corresponding professional with two years of experience only fetches about $30 an hour.
  • Since domain expertise is the key factor, not only companies but also countries can easily differentiate
    themselves from each other. The countries that will emerge as strong contenders in the KPO business are those
    that have large numbers of engineers, medical doctors, graduates in sciences and technology (including biotech
    and pharmaceuticals), MBAs, certified financial analysts, accountants, statisticians, lawyers, etc. Low-wage
    countries that seem to have these professionals in large numbers include India, China, Russia, Poland, the
    Philippines, Hungary, and many republics from the erstwhile Soviet Union.
  • Most KPO projects are smaller by a factor of 5 to 10 than the corresponding BPO projects. Furthermore, the
    salespeople selling KPO services need to be well versed in these services and to have the required domain
    expertise in order to be credible. In this regard, a typical KPO firm lies somewhere between a BPO firm on one
    hand and a consulting firm on the other.
  • The fifth facet of a KPO is the scalability factor of the process wherein the methodology is similar but there is a
    premium placed on domain expertise. Research and development departments of global high-technology
    companies (e.g., IBM Research) and consulting companies cannot be considered KPO firms and, not
    surprisingly, such organisations take substantial time to reach scale. For example, IBM Research took nearly 50
    years to reach 3,000 researchers and McKinsey took 75 years to get to 6,000 consultants. In contrast, a pure
    KPO firm like Evalueserve may only take ten years to reach 6,000 professionals globally.
  • The last but probably the most important distinction between a KPO firm and a BPO firm is that in a KPO firm,
    the client is involved during the entire execution process. Furthermore, the offshoring company providing KPO
    services may only contribute 75-95 percent of the work-product, with the Client contributing the remaining 5-25
    percent by providing the appropriate direction to the KPO firm or by otherwise adding value to the work-product.In other words, the relationship between a KPO firm and its client is more of a partnership and less of an arms-
    length, client-vendor relationship.

As a final remark, it is worth mentioning that although most Knowledge Process Offshoring services are being
provided from India, countries such as the Philippines, Russia, Ukraine, Poland, Hungary, China and South Africa
are beginning to provide more and more KPO services. Indeed, in the near future, Knowledge Process Outsourcing
and Offshoring is likely to be driven by factors such as breadth and depth of coverage, domain expertise, location
advantage (e.g., near-shoring and language capabilities), sales and marketing capabilities, data compliance with
respect to regulatory standards (especially those defined by the United States, Canada and the European Union) and
the management of business risks. Hence, it is quite likely that companies – both those with their own captives and
those that use third-party vendors – may use a “hub and spoke” model, in which a provider in India constitutes the
“centre” and other units around the world provide appropriate “spokes.”

Current and Expected Growth of KPO

According to Evalueserve’s research, the revenue earned by the Knowledge Process Offshoring industry worldwide
was approximately US $1.2 billion in 2003-04 and US $4.4 billion in 2006-07; this implies an annual growth rate of 54
percent. Furthermore, the Knowledge Process Offshoring industry employed approximately 34,000 and 106,000
professionals in 2003-04 and 2006-07 respectively. Our forecasts also show that the industry is expected to grow to
US $16.7 billion in revenue in 2010-11 (which would imply an annual growth rate of 39 percent during the next four
years) and to employ approximately 350,000 professionals globally. In contrast, the rest of the Business Process
Offshoring industry worldwide grew from revenue of US $7.7 billion in 2003-04 to US $15.8 billion in 2006-07, which corresponds to an annual growth rate of approximately 27 percent. During the next four years, the BPO industry is
expected to grow annually at 26 percent, thereby earning US $39.8 billion in revenue during 2010-11.

Figure 1 shows the growth of the KPO industry in India from 2000-01 to 2006-07. According to Evalueserve’s
research, although this industry had only 9,000 billable professionals in India that generated total revenue of US
$260 million during 2000-01, this number had already grown to 75,400 by 2006-07 and these billable professionals
generated US $3.05 billion. This implies a cumulative annual growth rate of 51 percent in US Dollar terms and 43
percent with respect to the increase in the number of billable professionals during these six years.2

Interestingly, the growth of the KPO industry
so far seems to be pretty much in line with
Evalueserve’s July 2004 forecasts, where we
estimated that this industry would generate
US $2.9 billion in revenue during 2006-07.
However, we believe that our original
estimate of $11.9 billion being generated by
this industry during 2010-11 may fall short by 6-7 percent, primarily because (a) a few sub-
sectors (e.g., legal, paralegal, intellectual property services, and medical content
creation) have not been growing as rapidly as
expected earlier, and (b) the KPO sector in
India is experiencing substantial employee
turnover, which hurts this sector in particular
because these employees are unable to gain sufficient domain expertise and knowledge before they move on to their
next job.

Figure 2 depicts Evalueserve’s current
forecasts with respect to the revenue earned
by this sector during the next four years, as
well as the number of billable professionals it
employs. These forecasts imply a
cumulative annual growth rate of 38 percent
in revenue and 36 percent in the number of
billable professionals (during the next four
years). Clearly, the future is very hard – if
not impossible – to predict and any forecast
comes with some associated assumptions.
Some of the assumptions associated with
the forecasts given in Figure 2 include:

  • The growth of the KPO sector in India
    could be stymied further if the resource
    crunch with respect to the availability of
    highly educated professionals (e.g.,MBAs, chartered accountants, medical doctors and architects) becomes worse.
  • On the other hand, the unique capability of the KPO industry to provide benefits to SMEs (Small and Medium
    Enterprises) may drive its growth even faster. In fact, Evalueserve estimates that out of approximately 10 million
    SMEs in the US and Europe, about 10 percent (i.e., approximately one million) could benefit even in the short run
    from KPO services, due to reduced complexity, ability to compete effectively with their small or large competitors,
    shorter time-to-market, higher flexibility, overall lower costs, and potentially higher quality for the same costs.
  • Although we have assumed a constant conversion rate of one US Dollar to 45 Indian Rupees, during the last
    four months the US Dollar has actually depreciated by 9 percent with respect to the Indian Rupee and on 4th
    May 2007, US $1 equalled approximately 41 Indian Rupees. Clearly, since the backend costs are all in Indian Rupees, one on hand this deprecation of US Dollar may imply a higher annual revenue for the KPO industry in
    India (if the captives and third parties are able to charge in US Dollars), but on the other it is also possible that
    India will become less cost-competitive and hence lose some of its revenue to other low-wage countries, like
    China, the Philippines, Poland or Russia.
  • Finally, because of attrition and rising costs, companies with existing captives are also beginning to work with
    third-party vendors that can provide complementary skills and handle “spikes” in workload. During the next 4-5
    years, this trend is likely to accelerate, which implies that these companies may move from a fixed cost model to
    a variable cost model – and hence start working with several vendors in several low-cost countries – and transfer
    their business from their own captive units to third-party vendors.

Important Sub-sectors within KPO

Figure 3 provides estimates for the number of billable professionals likely to be employed in various sub-sectors
within the KPO industry in India during 2010-11 and the revenue generated within these sectors. Of course, the
delineation between some of the sectors is somewhat arbitrary and both the revenue and the number of billable
professionals among them are fungible. Of all the sub-segments of India’s KPO sector alluded to in Figure 3, we
describe three in sections 4.1, 4.2 and 4.3 that seem to be poised for substantial growth and one in section 4.4 that
still seems to be at a nascent stage of development:

Banking, Securities and Industry Research Services

There are currently 3,500 billable professionals in this sector in India, of which approximately 1,100 are doing
research related to risk management for credit card and capital leasing companies as well as insurance research.
The remaining 2,400 billable professionals are involved in helping sell-side and buy-side analysts in bulge bracket
banks (e.g., Citigroup, Merrill Lynch, Morgan Stanley, and JP Morgan), mid-tier M&A banks, independent research
providers, hedge funds, mutual funds, pension funds and private equity groups. Given the strong M&A activity that is
ongoing worldwide, the demand for investment research analysts has been growing at a furious pace and clients in
high-wage countries would use an even higher number of high-quality professionals, if low-wage countries like India
could train and provide them.

Contract Research Organisations and Bio-Pharmaceutical Services

Given the cost pressures related to research and development of new drugs, biotech and pharmaceutical companies
– both large and small – are outsourcing a lot of clinical research trials to countries in Eastern Europe, India and
China. In fact, according to a recent study by McKinsey and Company, the clinical trial segment in India is expected
to earn US $1.5 billion in revenues by 2010.[Please check changes – I think McKinsey is well-known enough not to
need a description.] Furthermore, our forecasts reveal that the Indian Biotech sector is expected to attain $6.6 billion
in revenue during 2010-11, and about one-fourth of this revenue will come from biotech services’ exports, particularly
in the agricultural biotech and bio-pharmaceutical services areas.

Data Management, Mining, Searching and Analytics

This sector has been growing quite substantially and is likely to grow even faster during the next 3-5 years, especially
because it requires mainly quantitative skills and only limited English speaking and writing skills. Within this sector,
three verticals – banking, finance, securities and insurance; biotech, pharmaceuticals and healthcare; and wireless,
wire-line and cable – are likely to witness massive growth. Indeed, three large data providers in the financial services
industry – Thomson Financial, Reuters and Standards & Poor – put together have approximately 8,000 professionals
working in India in this sub-sector (out of the total of 16,000 professionals mentioned in Figure 3). Collecting and
“scrubbing” data at a fairly low cost and with high quality seems also to be an irresistible proposition for other data
providers.

Legal, Paralegal and Intellectual Property Support Services3

There are currently more than 60 firms providing legal research, and paralegal and intellectual property-related
services from India; about 45 percent of these are established law firms who practise in India and have now started
providing such additional services. Since the culture in these law firms is substantially different from that of the US, since Indian English is idiomatically different from American and British English, and since lawyers are usually risk-
averse, it is clear that growth in this area will be slow, albeit pronounced (when compared to other sub-sectors within the KPO industry). Also, companies from the Philippines will compete strongly with those from India in providing legal
support and paralegal services to the US, because the Philippines was an American colony until 1946 and its laws
continue to be similar to those of the United States. Nevertheless, even within this sub-sector, some services, such
as those related to intellectual property research, will be offshored more substantially than others, because of the
availability of a large technical talent pool within India.

Blog Written by

Dr. Alok Aggarwal

CEO, Chief Data Scientist at Scry AI
Author of the book The Fourth Industrial Revolution
and 100 Years of AI (1950-2050)

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Withdrawing Consent

If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your Personal Data by sending the request to our privacy team by using the form below.
For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.

Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.

Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple:

Email us

Terms and Conditions

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

Your Acceptance of This Agreement

These terms of service are entered into by and between You and Scry Analytics, Inc., ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of www.scryai.com, including any content, functionality, and services offered on or through www.scryai.com (the "Website").

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

By accessing and using this website, You accept and:

Accept and agree to be bound and comply with these terms of service. You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and, you agree if you access the website from a jurisdiction where it is not permitted, you do so at your own risk.

Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You are solely and entirely responsible for your use of the website and your computer, internet and data security.

Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

User Submissions and Submission Standards

The Website may provide you with the opportunity to create, submit, post, display, transmit, public, distribute, or broadcast content and materials to us or in the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, or personal information or other material (collectively, "Content"). You are responsible for your use of the Website and for any content you provide, including compliance with applicable laws, rules, and regulations.

All User Submissions must comply with the Submission Standards and Prohibited Activities set out in these Terms of Service.

Any User Submissions you post to the Website will be considered non-confidential and non-proprietary. By submitting, posting, or displaying content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

You represent and warrant that:

  • You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Submissions comply with these Terms of Service.

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statement or representations in your Content provided by you in any area in the Website. You are solely responsible for your Content related to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Website. User Submissions are not endorsed by us and do not necessarily represent our opinions or the view of any of our affiliates or partners. We do not assume liability for any User Submission or for any claims, liabilities, or losses resulting from any review.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in the Website; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Website in violation of these Terms of Service may result in, among other things, termination or suspension of your right to use the Website.

These Submission Standards apply to any and all User Submissions. User Submissions must in their entirety comply with all the applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, misleading, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms of service and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Our Rights

We have the right, without provision of notice to:

  • Remove or refuse to post any User Submission for any or no reason in our sole discretion;
  • Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Submission Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
  • Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

You waive and hold harmless company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the company or by law enforcement authorities.

Third Party Links and Sites

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Social Media Features

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Submission Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

Disclaimers, Liability and Indemnification

You understand and agree that your use of the website, its content, and any goods, digital products, services, information or items found or attained through the website is at your own risk. The website, its content, and any goods, services, digital products, information or items found or attained through the website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You acknowledge and agree that company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.

How We Limit Our Liability to You

Except where such exclusions are prohibited by law, in no event shall the company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable under these terms of service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the company was advised of the possibility of such damages.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Dispute Resolution

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ontario law. (If multiple jurisdictions, under applicable laws).

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within 1 year(s) after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at the "Privacy Policy".

Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Scry Analytics Inc. 2635 North 1st Street, Suite 200 San Jose, CA 95134, USA. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple:

Email us