Disclaimers   THE CONTENT AND FUNCTIONALITY OF THE INSIGHTPULSE IS PROVIDED WITH THE UNDERSTANDING THAT CAPABILITY MANAGEMENT IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU.  ALL CONTENT AND FUNCTIONALITY ON THE INSIGHTPULSE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPABILITY MANAGEMENT AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE APP CONTENT.  CAPABILITY MANAGEMENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE INSIGHTPULSE, OR PROVIDED BY THIRD PARTIES.  NEITHER CAPABILITY MANAGEMENT NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Governing Law; Jurisdiction   These Terms are governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws principles and the federal laws of the USA.  You irrevocably and unconditionally consent to the exclusive jurisdiction and venue of any state court situated in Albany County, New York (USA) or of any Federal court situated in the Northern District of New York.  You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute.

Payment, Cancelation and Termination.

There is one plan, and customers pay as they go without any monthly fees. Our pricing is based on a per-order basis, ensuring that you only pay for the insights you need, when you need them. This model allows businesses of all sizes to access powerful AI-driven feedback analysis without the commitment of a fixed monthly subscription, making it easy to scale your usage according to your business demands. To cancel the service, one has to use the account page to close the account. Please note account closure is a permanent action and once your account is closed it will no longer be available to you and cannot be restored. If you decide later that you would like to our services again , you will need to create a new account.

Capability Management reserves the right to change the pricing model at any time and in its sole discretion.

Service Accessibility. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions (b) periodic maintenance procedures or repairs which Capability Management may undertake from time to time, or (c) causes beyond the reasonable control of Capability Management or which are not reasonably foreseeable by Capability Management.

Indemnity   You agree to indemnify and hold Capability Management and, where applicable, its parent, subsidiaries, officers, directors, agents, and employees, as well as manufacturers and distributors whose content appears in the InsightPulse, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of the InsightPulse, or any breach by you of these Terms.

Privacy Policy   Capability Management’s Privacy Policy, which constitutes part of these Terms, explains Capability Management’s practices and policies related to the collection, use, and storage of Capability Management’s users’ information and contains instructions on how you can instruct Capability Management to limit the use of information about you.  Capability Management’s Privacy Policy can be found here.  
General   If any court of competent jurisdiction deems any provision of these Terms to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of these Terms, and the remaining provisions shall remain in full force and effect.  The headings in this section of these Terms are intended solely for convenience and are not considered to be terms within these Terms.  These Terms, and those expressly incorporated herein, constitute the entire agreement between Capability Management and you with regard to your access and use of the InsightPulse, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.