Terms of Service

Last Updated: February 17, 2026

These Terms of Service (“Terms”) govern access to and use of the website located at www.thenthpower.com (the “Website”) and any related services, content, or functionality provided by The Nth Power Inc., PO BOX 43, Hinsdale, NH 03451, United States (“Company,” “we,” “us,” or “our”) (collectively, the “Service”).

By accessing or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

1. Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into a binding agreement.
• Your use of the Service does not violate any applicable law or regulation.

2. Scope of Services

The Website provides information regarding the Company’s services, which may include consulting, financial modeling, enterprise performance management (EPM), systems implementation, database design, analytics, or related advisory services.

Any services provided pursuant to a separate written agreement, statement of work (SOW), or master services agreement (MSA) will be governed by that agreement. In the event of conflict, the separate agreement controls.

Nothing on the Website constitutes a binding offer unless explicitly stated.

3. User Accounts

If you create an account:

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities conducted under your account.
• You must notify us immediately of any unauthorized access.

We reserve the right to suspend or terminate accounts for violation of these Terms.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose.
• Attempt to gain unauthorized access to systems or data.
• Interfere with the security, integrity, or performance of the Service.
• Reverse engineer, decompile, or attempt to extract source code.
• Upload malicious code, malware, or harmful content.
• Use the Service to infringe intellectual property rights.
• Use automated means (bots, scrapers) without authorization.

We may investigate and take legal action for violations.

5. Intellectual Property

All content, materials, designs, logos, text, graphics, software, and other content on the Website are owned by or licensed to the Company and are protected by intellectual property laws.

Except as expressly permitted:

• You may not copy, modify, distribute, reproduce, republish, or exploit any content.
• No license or ownership rights are transferred to you.

All Company trademarks, service marks, and trade names remain the exclusive property of the Company.

6. Confidential Information

You agree not to disclose any non-public information obtained through the Service without prior written consent.

If services are provided under a separate agreement, confidentiality obligations in that agreement govern.

7. Third-Party Links and Services

The Service may contain links to third-party websites or services.

We do not control and are not responsible for third-party content, privacy practices, or terms. Access is at your own risk.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF CONTENT

We do not warrant that:

• The Service will be uninterrupted or error-free.
• Defects will be corrected.
• The Service is free of viruses or harmful components.

Use of the Service is at your sole risk.

9. Professional Disclaimer

Information provided on the Website is for general informational purposes only and does not constitute legal, financial, accounting, or investment advice.

You should consult qualified professionals before making business or financial decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE COMPANY SHALL NOT BE LIABLE FOR ANY:

• INDIRECT
• INCIDENTAL
• SPECIAL
• CONSEQUENTIAL
• PUNITIVE
• EXEMPLARY DAMAGES

INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) UNLESS OTHERWISE AGREED IN A SEPARATE WRITTEN CONTRACT.

Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of:

• Your use of the Service
• Your violation of these Terms
• Your infringement of any rights of a third party

12. Data Protection

Your use of the Service is also governed by our Privacy Policy.

Where applicable, separate Data Processing Agreements (DPAs) may apply to enterprise clients.

13. Suspension and Termination

We may suspend or terminate access to the Service at any time:

• For violation of these Terms
• For security reasons
• For legal compliance
• At our discretion

Termination does not relieve you of obligations accrued prior to termination.

14. Force Majeure

The Company shall not be liable for failure or delay caused by events beyond reasonable control, including:

• Natural disasters
• Government actions
• Cyberattacks
• Labor disputes
• Internet outages

15. Governing Law

These Terms are governed by the laws of the State of New Hampshire, United States, without regard to conflict of law principles.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in New Hampshire.

You consent to personal jurisdiction in those courts.

17. Waiver and Severability

Failure to enforce any provision does not constitute waiver.

If any provision is found unenforceable, the remaining provisions remain in full force.

18. Assignment

You may not assign these Terms without prior written consent.

The Company may assign these Terms without restriction in connection with a merger, acquisition, or corporate restructuring.

19. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding use of the Service and supersede prior understandings.

20. Modifications

We may update these Terms at any time.

Updated Terms will be posted on the Website with a revised effective date.

Continued use of the Service constitutes acceptance of the updated Terms.

21. Contact Information

The Nth Power Inc.
PO BOX 43
Hinsdale, NH 03451
United States

Email: engage@thenthpower.com