Dr. Alok Aggarwal
05 min read . 12-04-2007

Person-to-Person Offshoring: Offshoring of Services Reaches Small Businesses and Homes

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Introduction

Outsourcing of services by medium and large-sized companies from US and Europe to low-wage countries like India,
Russia, Ukraine, Romania, Argentina, and the Philippines (also known as “offshoring”) has been going on for more
than ten years now. This offshoring trend is clearly helping the low-wage countries. During the last six years, there
has been substantial discussion in the news media and academic circles around the world regarding the advantages
and disadvantages to the higher wage countries of offshoring. Experts seem to fall into two opposing camps. Some
believe in the long run, offshoring will benefit profit-making corporations and the economies of the high-wage
countries, whereas there are many others who believe this is going to be detrimental to the well-being of the
developed countries — particularly to the white-collar middle-class working in the services sector. Nevertheless,
pundits all tend to agree that some amount of offshoring is inevitable given the aging population in most developed
countries and the corresponding labor shortfall, as well as globalization and technology advances that inextricably
interlink these economies with those of lower-wage countries.

Evalueserve, a global research and analytics services firm serving organizations worldwide, highlights in this report a
new offshoring trend to watch, which the firm calls “Person-to-Person Offshoring” (PPO). The report describes how
offshoring is now beginning to go mainstream and is touching both the upper class and working class alike. This is
very reminiscent of 1991-92 when manufacturing in China and other low-wage countries began to impact the lives of
the rich and the not-so-rich in developed countries.

Person-to-Person Offshoring (PPO) consists of those services that can be offshored by entrepreneurs who are trying
to bootstrap their new organization as efficiently as possible. With technology advances and the growth of the
Internet, small offices, home businesses and even everyday individuals can utilize PPO services. These offerings
include online tutoring; website development; graphic design; database and other software development; writing and
translation services; accounting and tax preparation services; architectural, home and landscape design services;
marketing and sales support services; creating drafts of legal documents; and other administrative services.
Individually taken, each contract is often of low value – usually between $100 and $5,000 – but since the number of
end consumers and small businesses is enormous, the total addressable market in the United States alone easily
exceeds $20 billion.

Indeed, Evalueserve’s research and analysis shows that between April 2006 and March 2007, the revenue from this
sector was more than US $250 million and is likely to grow to over US $2 billion by 2015, representing a cumulative
annual growth rate of approximately 26 percent. Furthermore, because this set of consumers has diverse
requirements, the breadth of offshoring services offered is also likely to be fairly large. Many of these offshoring
trends are in the beginning of their life cycles and others only have a few early adopters so it is not clear that all of
these services will, in fact, enjoy mass adoption in the long run. Nevertheless, the value proposition of receiving such
services at a significantly lower cost and “just in time” is clearly irresistible, and therefore the overall sector shows the
promise of rapid growth.

Dominant Business Models in Person-To-Person Offshoring

The following two business models are being used for providing PPO services:

Direct Interaction Model:

In the first model, the “individual” client signs a contract directly with a vendor in a low-wage country and this vendor has employees (e.g., tutors and administrators) who are working on a full-time or a part-time basis, or as sub-
contractors. Since these contracts are of low monetary value, the “individual” client usually cannot travel to the offshore location or perform a costly due-diligence process, and therefore is exposed to some risk. Although
payments can be made through checks or wire transfers, since the cost of individual projects is fairly low, clients
usually pay the vendors with credit cards, which do help in offsetting some of this risk.

Online Marketplace Model:

In the second model, the vendors providing PPO services enrol in an online marketplace by paying a monthly
subscription fee plus a fixed percentage of the revenue if they win the project through this marketplace. So, when an
individual client posts requirements for a new project to be conducted on the online marketplace, the marketplace
communicates these opportunities to the selected vendors and freelancers and requests proposals to be delivered to
the client. The client then awards the work to the appropriate vendor depending on price (which may be on a per
hour or a fixed cost basis), delivery time and a quality score provided by other clients who have been served by this vendor. In this model, the online marketplace typically earns between 5 percent and 15 percent of the contract price in return for an assurance of a minimum service level from the vendor, thereby reducing the risk for the client. Clearly, if the project is an ongoing project (e.g., continuous administrative service support) then the client and the vendor are likely to go around the marketplace in the long run. This model therefore works well only for ad-hoc or on-demand projects that are limited in scope and size.

Evalueserve’s research estimates that, currently, there are more than 90 online marketplaces on the World Wide
Web and, cumulatively, they have over 500,000 vendors and freelance professionals who are providing these
services from low-wage countries. Four of the larger marketplaces are briefly described in Table 1 given below:

Table 1: Prominent Online Marketplaces for Services

  • Guru.com: Guru.com, a Pennsylvania based company, seems to be the largest marketplace with more than
    625,000 registered vendors and freelance professionals and with more than 60 percent of these coming from
    low-wage countries. Guru follows a “closed auction” model of bidding and hence the vendors cannot see each
    other bids. Usually, after a project is completed, the final work-product is sent to Guru’s “Workroom,” which is
    only accessible to the contracted parties. To reduce their risk, the clients can use a “SafePay Escrow” service
    that protects the interests of both the client and the vendor during the execution of the project; this is clearly very important since these two parties are likely to be located in two different countries.
  • Elance.com: Elance.com, a California based marketplace, is known for its outsourcing solutions supporting
    medium to large enterprises and has approximately 80,000 registered vendors and free-lance professionals. Of
    these, approximately 50 percent are from low-wage countries. Unlike Guru.com, Elance has an “open auction”
    bidding system, which implies that each vendor can adjust its bid after seeing competitors’ bids. Elance does not
    have an escrow service but the buyers and vendors are somewhat protected by a third-party arbitration service
    called “Square Trade.”
  • RentACoder.com: This is a Florida based marketplace that has more than 175,000 registered freelancers who
    only do coding of software programs. One of its main attractions is its escrow and arbitration service. More than
    80% of these programmers are from low-wage countries. Its bidding model is a “closed auction” model and the
    client awards the project based upon the freelancer’s or vendor’s price, qualifications, references and schedule.
  • GetAFreelancer.com: This marketplace is owned by a Sweden based company, Innovate it. Most of its
    freelancers are also IT programmers from low-wage countries. On this marketplace, the buyers decide whether
    to allow closed or open auction bidding and the marketplace also provides a payment escrow service.

Types of Person-To-Person Services being Offshored

Although there are several dozen PPO services, given below is a snapshot of ten to watch:

Online Tutoring Services

India based companies like Transtutors, Career Launcher, Educomp Datamatics, and Tutor Vista, are providing
online tutoring for school and college level studies and for GMAT, GRE and SAT preparations. In addition, they also
offer one-on-one “live” homework assistance over the web and provide essay writing guidance and help with
educational content. However, because of accent and cultural issues, most of the online tutoring from India is
generally being restricted to mathematics and sciences. Furthermore, most Indian tutors work from their homes using a broadband connection and therefore the overhead for these companies is substantially lower, and they typically charge between US $8 and US $40 per hour. None of the online marketplaces that Evalueserve reviewed provide online tutoring as an option, which is not surprising since online tutoring requires an ongoing relationship between the student and the tutor and hence is more amenable to a subscription-based model rather than a project-based model.

Accounting, Finance and Tax Preparation Services

These services include accounting & bookkeeping; budgeting & forecasting; cost analysis & reduction; financial
planning and reporting; and tax preparation services for individuals, small businesses and home businesses. Most of
these services are primarily provided through online marketplaces, although some firms in India (e.g., Xpitax,
SurePrep, Outsource2India, CCH, IFR, Datamatics, OPI and kpoexperts.com) are also providing these services
directly to individual clients, especially helping them with preparing US tax-forms (e.g., 1040, 1065 and 1120). Since
these firms can hire well-trained accountants, who can strictly adhere to well-codified quality management practices,
they usually end up providing a fairly high quality product. However, because of liability and license-related issues, these Indian firms cannot file the completed tax forms directly with the US government; but instead send these to an appropriate Certified Professional Accountant (CPA) in the US or to the individual client for review and filing. Typical prices for these management, finance and tax-related services vary between US $12 to $30 per hour. It is interesting to note that this trend just indicates further “democratization” of another trend. The big four accounting firms – Price Waterhouse Coopers (PwC), KPMG, Ernst & Young, and Deloitte & Touche – have been outsourcing accounting and tax related work to their captive centers in India (for some time now), but their end-clients to date have been primarily large and medium size organizations rather than individuals and small businesses.

Home Design and Related Services

These services include computer-aided design, architectural drafting, interior home design, landscape design and
drafting, and preliminary drawings for electrical, plumbing, heating, ventilating and air-conditioning systems. A few
companies from India currently providing these services include Satellier, BluentCAD, ASE Designsoft, Exceed
International, and DimensionICAD. Additionally, there are several hundred freelancers who are providing these
services on various online marketplaces and most are charging between US $12 and $30 per hour. However, just
like tax preparation services, most of these services have liability and license-related issues, and hence these vendors and freelancers do not certify these drawings themselves; but instead send these to an appropriately-licensed architect, a professional engineer or the “individual” client who reviews, certifies, and files them.

Editorial and Writing Services

These services include academic writing; children’s writing; copy writing; creative writing; editing & proof-reading;
grant writing; summarization of news articles; creating newsletters and press releases; writing proposals; drafting
resumes; drafting speeches; technical writing; translation; creating web content; and writing white papers & articles.
Some companies providing these services from India include Creative Lipi, VMG-BPO, Webspiders India, Vogue
Advertising, and Netscribes. Like online tutoring, these tasks do not require expensive infrastructure and involve fairly
low risk. Hence many of these professionals work from their homes with a broadband connection and given the low
overhead, these vendors and freelancers can charge fairly low rates between US $10 and $25 per hour. Although
this sub-sector could grow quite rapidly, it is still in its nascent stage because of cultural and idiomatic challenges and
because Indian English is considerably different than American or British English.

Graphics Design Services

These services include the design and layout of annual reports; banner ads; billboards & signs; brochures; business
cards; letterheads; catalogs; collateral; datasheets & press kits; corporate identity packages; logos; package design;
page & book layout; and photo retouching. From India alone, there are more than 50 vendors and 200 freelancers
providing these services, some of which include SmartData Enterprises, Virtuosoonline, Inforlinx Solutions, and
Webgrity. One interesting sub-sector within this area provides cursive handwriting and calligraphy services to create
handwritten business cards, invitation cards for weddings and other parties, menu cards, special envelopes, and
certificates. Like online tutoring, these tasks do not require much infrastructure and involve low risk. Again, many of
these freelancers and vendors work from their homes and charge between US $10 and $25 per hour. Unlike other
areas, this area does not have significant issues related to English usage and accent, and therefore is poised to grow
very rapidly.

Transcription and other Administrative Support Services

These services include data entry; fact checking; development of mailing lists; personal assistant and secretarial
work (e.g. scheduling appointments and maintaining calendars); presentation formatting; word processing; and of course transcription. Indeed, there are more than 300 vendors out of India alone who have substantial number of full- time, part-time and sub-contractors providing legal and medical transcription. Again, since these services do not require much infrastructure, the overheads are usually low and vendors and freelancers from low-wage countries
(especially India and the Philippines) provide these services for US $8 to $15 per hour.

Software Coding and Other IT Services
These services include software application development; database development; coding and maintenance in Linux,
Java or C+ environments; networking related services; animation; writing scripts & utilities; IT security; system administration; and technical support. There are more than 5,000 vendors and more than 300,000 freelancers in low- wage countries like India, Russia, China, Ukraine, Pakistan, Bangladesh, Belarus and the Philippines who provide these services and charge between US $12 and $30 per hour. Indeed, because of the enormous competition among vendors and freelance coders, online marketplaces seem to work very well for these tasks, especially if the projects are one-time or ad-hoc in nature. On the other hand, small businesses and home-offices often end up reducing their costs by circumventing these marketplaces if their projects are long and continuous in nature.

Website Creation and Maintenance Services

These services include web-site design; e-commerce site design; flash animation; HTML email design; internet
marketing; online forms & database integration; search engine optimization; usability & interface design; web hosting; and web programming. Just like the software coding area, there are more than 5,000 vendors and more than
300,000 freelancers in low-wage countries like India, Russia, China, Ukraine, Belarus and the Philippines who
provide these services and charge between US $12 and $30 per hour.

Marketing and Sales Support Services

These services include writing business plans; email & direct marketing; lead generation; conducting market
research & surveys; telemarketing, and help with public relations. Currently, there are more than 100 vendors and
more than 300 freelancers providing these services from India and since these freelancers can work from their home
offices (as long as they have a broadband connection), they typically charge between US $10 and $25 per hour.

Other Ancillary and Concierge Services

A few companies such as Future Net (a subsidiary of the Alaphuza, India-based Future Groups) are experimenting
with providing ancillary and concierge services from low-wage countries. In their model, the end-client registers on
their website and agrees on a price. Future Net then provides the following kinds of services: Entry, storage, daily
upgrades and warehousing of personal data; debugging, restructuring and archiving of software; day-to-day
accounting and bookkeeping, auditing and editing of personal accounts; transcription for deeds and documentation,
financial deeds, legal documents and property deals for customers or for their family members, children, and friends.
Other services would include payments made to utility service agencies, educational or other institutions; and
purchase of simple items such as movie tickets, personal computers, and electronics equipment. Indeed, it is too
early to say whether these concierge services will be embraced over the long term.

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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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