Dr. Alok Aggarwal
20 min read . 08-10-2004

Whitepaper on Patent Information Services

Table of Contents

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Executive Summary

Patents are important sources of technical and business information. They provide insight on
technology, business, and competition, and have the potential to affect key decisions of an
organization. Strategies based on effective utilization of patents and patent information can
significantly boost the profits of an organization.

The key challenge involved in utilizing this patent information effectively is identifying the relevant
information from a multitude of data. Patent data is spread across multiple databases and multiple
languages, and services of experts are required to identify and analyze the relevant information.

The patent information services market comprises companies that provide products and services
related to searching, mining, analyzing, and managing of patents and patent-related information.
These companies provide varying level of services related to patent information.

Are You Deriving Maximum Value from Patent Information?

Strategic Importance of Patent Information

Patents are important sources of technical and business information. They provide insights on
technology, business and competition, and have the potential to affect key decisions, such as those
related to the R&D strategies and business strategies of a company, research organization and/or
university.

In recent years, many technology-based companies have increased their profits by developing their
business strategies around patents and patent information.

IBM generated US $ 562 million by the sale and other transfers of intellectual property (IP) in FY ending
December 2003 [1]. IBM pursues an aggressive IP-based strategy. For the past 11 years, it has been the
largest recipient of US patents worldwide.

Hoffman La-Roche established Roche Molecular Systems Inc. in 1991, to develop and commercialize the
patents covering the Polymerase Chain Reaction (PCR) technology. Hoffman La-Roche acquired the rights
to basic patents covering PCR from Cetus Corporation in 1991 as a part of a US $ 300 million deal.
Currently, Roche Molecular Systems holds rights to more than 130 US patents related to the PCR process.
According to an estimate, in 2000, the company’s revenues from the PCR technology totaled US $ 470
million [2] and were expected to grow at a rate of 26% annually.

Amazon.com protected its business method by patenting its one-click method. This not only aided the
company in protecting its methodology from competitors, but also helped it in creating a niche for itself
amongst a multitude of online shopping portals [3].

Recent years have also witnessed cases where companies had to pay a heavy price for neglecting
patent information in their business strategy.

British Telecom’s (BT) failure in identifying and analyzing the true potential of the hyperlink patent (US
4873662 [4], filed in 1976 and granted in 1989) not only resulted in a lost opportunity but also led to a legal
battle, which BT eventually lost. The patent was unearthed in a routine update of the company’s 15,000
global patents [5]. One of the allegations made against BT was that “had the company piped up when those
first Web pages were published and informed people that it owned hyperlink technology, then businesses
and Web publishers could have chosen whether to use hyperlinks or not. Showing up now, more than a
decade after the party started, has effectively killed any chance of collecting prior-usage fees.”

Some Thoughts to Mull Over

  • According to Evalueserve estimates, typically about one-third of the patents of a large portfolio are triage patents (i.e., those patents that are better sold off, donated or abandoned), and one-third of these patents are totally worthless. They do not provide any advantage to the assignee company;
    in fact, the maintenance fees paid to patent offices to keep these patents alive adds significant
    costs to the organization’s total expenditure. A company can save more than US $ 6,000 per patent
    by discontinuing the maintenance of a patent beyond 3.5 years (if these patents are deemed to be
    no longer useful).
  • The cost of drafting and filing a utility patent at the United States Patents and Trademarks Office (USPTO) is approximately US $ 6,000 . It is estimated that several patent offices reject almost 34percent [6] of all patent applications. These rejections are mainly attributed to a lack of novelty and the existence of a similar prior art. Conducting a patentability analysis prior to filing the patent application can increase the success ratio of the grant substantially. The estimated cost of a patentability analysis is approximately US $ 1,200
  •  More than US $ 4,800 can be saved (per application that gets rejected by the USPTO) by
    analyzing available patents and patent information before filing a new patent application. If a
    similar analysis were undertaken before investing in R&D, the savings would be even greater.

Deriving Value from Patent Information: Key Challenges and Solutions

Clearly, the potential of patent information is immense, and the coming years are expected to witness
a rise in the influence patents and patent information exert on business decisions. This is so because
the number of patents is on the rise, and enhanced tools and services that help in analyzing and
interpreting patent data are becoming available. The key challenge faced in utilizing patent
information effectively is identifying the relevant information from a multitude of data.
Figure 1 below details the increasing value of patent information.

Espacenet estimates that all the patents put together contain more than 80 percent of the world’s
technical literature [7]. The quantum of this data is expected to rise at 8 percent per year. The growth
in the magnitude of data increases the complexity of analyzing it; therefore much more time and
effort is required to derive the right inferences.

Figure 2 below depicts UPSTO’s patent filing and granting trends.

Apart from the magnitude of the patent data available, other concerns associated with the use of
patent information include:

  • There are very few experts who can analyze and draw inference from patent data.
  • Patent data is spread across several databases,3 and a comprehensive analysis involves
    accessing and analyzing the information stored in multiple databases.
  • Patent data is spread across multiple languages.
  • One cannot search for information stored in the form of images.

Currently, several tools and services are available in the market, which help in deriving relevant
information and indicators based on patent data. These tools and services facilitate access to and
the analysis of patent information. Examples of such tools and services include advanced patent
databases, tools for analysis, visualization of patent information, and various customized services.
They reduce human involvement in analyzing and utilizing patent information. Though they are not
perfect, intelligent usage of these tools and services can enhance productivity while using and
analyzing patent information.

Checklist: Are You Deriving Maximum Value from Patent Information?

  1. Do you use patent information while making strategic R&D and/or business decisions?
  2. What is the percentage of expenditure on R&D and/or IP in your company’s total budget?
  3. What percentage of your IP budget is spent on maintaining your own patents?
  4. Do you have an in-house facility to manage your own patent portfolio? Have you analyzed the value of your own patent portfolio?
  5. What percentage of the patent applications filed by your company is granted by the patent office?
    • 80 percent-100 percent
    • 60 percent-70 percent
    • Less than 60 percent
  6. Do you maintain all granted patents for their complete term?
  7. Does your company practise the following strategies to benefit from patents?
    • Evaluate and donate patents: If your answer is in the affirmative, what is the percentage of the total number of patents donated?
      • 2 percent
      • 5 percent
      • 5 percent
    • Evaluate and complete patent licensing deals: If your answer is in the affirmative, what is the percentage of the total number of patents licensed?
      • 5 percent
      • 5-10 percent
      • 15 percent
    • Evaluate assertion and infringement: If your answer is in the affirmative, then how often does this process take place?
      • Regularly
      • Occasionally
  8. Do you have an in-house IP/KM department? Do you outsource IP analysis?
  9. Are you aware of any advanced KM and IT tools that can be used to search, analyze and manage patent information? Do you use the services of any external patent information service provider? If yes, how would you classify this service provider?
    • Database provider
    • Database and analysis tools provider
    • Customized analysis provider
    • Other
  10. What methodologies does your service provider offer?
    • Patent-searching options
    • Patent analysis tools
    • Visualization tools
    • Customized analysis

Accessing and Using Patent Information

Patent Information and its Uses

Researchers in corporate and academic organizations use the technical information obtained from
patents as starting points for their research. By using patent information, they can avoid reinventing
the wheel because they can potentially license and use patented technologies instead of wasting
valuable time and money in developing identical technologies.

Additionally, technology landscape analysis based on patent information helps in identifying niche
areas, wherein the return on research investment may be higher. Hence, most corporations and
research enterprises use available patent information while formulating their R&D and business
strategies. They utilize this information specifically while conducting competitive analysis and ‘due
diligence’ with respect to mergers and acquisitions.

Finally, research analysts often use patent information to benchmark the innovativeness of a
company, in comparison with that of its competitors. Similarly, a company’s patent filing trends are often used as indicators of the research and business focus of the organization.

Patent Information Services

The patent information services market comprises several companies that provide tools and services
to facilitate the searching, mining, analysis, management and utilization of patent information.

Players in the patent information services market can broadly be classified in the following
categories:

      • Patent database providers
      • Patent information providers

Patent database providers provide access to various patent databases and offer tools for analyzing
and presenting the data. Some patent database providers also provide patent information services as customized services. Patent information providers, on the other hand, analyze patent data obtained
from patent database providers and offer this analysis to clients. They do not provide access to
patent databases, although some offer delivery services for patent documents.
Table 1 illustrates the difference between the services provided by patent database providers and
patent information providers.

Patent Database Providers
As Table 1 suggests, patent database providers offer users access to the patent databases of
various patent offices. They also provide some analytical and visualization tools for various kinds of
patent data. Most database providers offer at least one value-added service to differentiate
themselves from other providers.
The following are common products and services offered by patent database providers:

      • Advanced patent databases that combine patent data from multiple sources
      • Additionally, some providers modify and enhance this patent data to provide more refined
        information
      • Search tools for accessing the patent information stored in the patent databases
      • Analysis tools for analyzing the patent information
      • Visualization tools for presenting various kinds of analysis
      • Multilingual services for patent information in different languages
      • Readymade or customized reports based on user requirements

Some factors that differentiate one patent database provider from another include:

      • The number of patent databases covered
      • The search and analysis tools offered
      • Searching through non-patent literature
      • Globalization (in terms of translation services and interface languages)
      • Specialized content such as refined patent abstracts5
      • Searching with the help of chemical structures and diagrams, e.g., ‘Markush Structures’
      • Subscription costs

Types of Search Tools

Search capabilities often have a great impact on the analysis that can be derived from patent data.
Two kinds of errors usually plague search services – the inclusion of unnecessary information and
the exclusion of relevant information. A good search facility should be able to counter errors of both
types and should allow identification of the relevant information from a multitude of data, with
minimum (preferably zero) errors.

The search methodologies currently supported by patent database providers include keyword- based search, natural language search, and concept-based search. In keyword-based search,the occurrence of exact keywords in the patent text is searched. Natural language search is an extension of keyword-based search, wherein variations and extensions of keywords are also searched. In concept-based search, the search for patents is carried out on the basis of the concept defined by a search query. Concept-based search reduces the probability of missing a relevant patent during the search. For example, in a concept-based search, the keyword ‘computer’
will also identify patents that contain various words and phrases such as ‘data processing system’.

Based on the above-mentioned methodologies, database providers offer various kinds of search
services. These include quick search, standard search, special search and complex search.
Quick search is based on a single keyword provided by a user. Standard search is based on
multiple keywords provided by a user. Users can search the text by using Boolean operators along
with these keywords. Special search is an extension of Standard search, wherein the user further
refines the obtained search results by using additional criteria provided by him/her. Complex
search is based on an idea, concept, figure, diagram or picture provided by the user.

Analytical/Visualization Tools and Services

Analytical and visualizations tools and services enable users to derive important inferences from the
obtained patent data. For example, they facilitate the identification, comparison and analysis of
trends from the obtained patent data. Further, visualization tools allow users to represent this
information in a user-friendly format.

Tools-based analysis often utilizes predefined criteria (such as the assignee’s name, the year of the
grant/publication/filing, the International Patent Classification (IPC) code, the inventor’s name, etc.)
for analysis, and, is therefore limited in its applicability. Hence, manual intervention is usually
required to analyze patent data. Some patent database providers offer offline manual analysis
support along with their analysis tools.

Globalization Support

Patent information is distributed across multiple languages, and for a comprehensive analysis, data
from all these languages should be taken into account. Patent database providers often provide
support in multiple languages, as a part of their services. Globalization support can be based on
machine translation, where computer-aided translations of patent text are used to search for and
analyze data.

Key Players and their Comparison

Table 2 provides a summary of the comparison of services offered by key patent database providers.

Currently, in most cases, the deciding factor for selecting patent database providers seems to be the
cost of the subscription. However, considering the growing importance of patent information in
making critical decisions, and with an increase in the availability of tools providing complex analysis,
it is likely that other factors will gradually gain importance.

Table 3 provides a comparison of the patent database in terms of subscription costs.

Patent Information Providers

Patent information providers use the results of patent data and provide an analysis as per the needs
of a user. Therefore, these providers act as an interface between patent database providers and actual users of patent information.

As mentioned earlier, most tool-based services allow search and analysis based on certain pre-
defined criteria. Although certain tools allow a certain amount of flexibility to the user to re-define these criteria, these services are very limited in their scope.

Manual intervention helps in overcoming these limitations by customizing search and analysis, as per
the needs of the end user. These services often require experts, to analyze the problem and develop
a framework for solving it.

Examples of value-added patent information provided by patent information
providers include:

Patentability analysis: An analysis of the novelty of an invention in light of existing
patent prior art

Patent portfolio analysis: The identification of the value generation potential of a
patent portfolio, by identifying the diamond, medium value and triage patents in the
portfolio

Patent infringement analysis: The identification of patents and/or products that
may map onto to a set of patents – based on the analysis, infringers can be detected
and appropriate action initiated

Patent licensing analysis: The identification of the licensing potential of a portfolio
of patents, which usually also involves a valuation of the patents

Potential licensee identification: The identification of a list of potential licensees for
a given set of patents

Technology landscaping: The identification of patent gaps in a technology domain,
which also includes an assessment of the major players and a comparison of their
patents

Value-chain analysis/Technology chain analysis: The identification of the value
/technology chain of an industry and mapping the existing patents onto this value
chain, which also involves identifying potential areas for R&D investment and/or IP
acquisitions

Competitor analysis: The monitoring of the patenting activity of competitors and
identifying their research focus

Patent watch: The identification of new patents in a technology domain, or
monitoring a competitor’s patenting activity

Key Players and their Comparison

Table 4 provides a detailed comparison between patent information providers on the basis of the
services offered.

Future Outlook for Patent Information Services

Patent information will continue to play an increasingly important role in technical and business
decisions. Both patent database providers and patent information providers are responsible for
providing this patent information to organizations. These patent information service providers will
continue providing value-added and customized services, while ensuring that the cost of these
services remains competitive.

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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Right to Restriction of Processing (GDPR Article 18, LGPD)

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Right to Portability (PIPEDA, GDPR Article 20, LGPD)

You have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to transmit such Personal Data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to services.

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You have the right to opt out of the processing of your Personal Data for purposes of: (1) Targeted advertising; (2) The sale of Personal Data; and/or (3) Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under CPRA, you have the right to opt out of the sharing of your Personal Data to third parties and our use and disclosure of your Sensitive Personal Data to uses necessary to provide the products and services reasonably expected by you.

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Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the Personal Data for the establishment, exercise or defense of a legal claim.

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Withdrawing Consent

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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.
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Changes

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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