Customer Account Agreement

1. About This Agreement

This Customer Account Agreement ("Agreement") is between Super Foam Corp., 3600 Lime Street STE 725, Riverside, CA 92501 ("Super Foam", "we", "us") and the person or entity creating an account on superfoamcorp.com ("Customer", "you"). You accept this Agreement upon creating an account and selecting the acceptance checkbox. If you create an account on behalf of a company or entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement. The date of acceptance is the "Effective Date".

2. Purpose of Your Account

Your account provides access to our online platform to upload CAD files, request custom data sheets, run impact simulations, request quotes and samples, and review engineering results in your dashboard (the "Purpose"). Purchasing samples or production parts is subject to Super Foam’s Quote and Order Terms, which supersede this Agreement in the event of a conflict regarding specific orders.

3. Customer Materials & Intellectual Property

3.1 You retain full ownership and intellectual property rights in all CAD files, drawings, specifications, and data you upload ("Customer Materials"). You grant Super Foam a limited, non-exclusive, non-transferable license to use Customer Materials solely to evaluate, simulate, formulate, quote, and manufacture parts for you.

3.2 Customer owns the specific combination of formulation and part geometry custom-developed for Customer's specific part. Super Foam retains sole ownership of its baseline materials, underlying chemistry, manufacturing processes, equipment, software, simulation models, and aggregated/anonymized platform usage data.

3.3 You represent and warrant that you own or have all necessary rights to upload Customer Materials without violating third-party intellectual property or privacy rights.

4. Confidential Information

"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") under this Agreement that is designated as confidential or would reasonably be understood to be confidential given the nature of the information.

• Customer Confidential Information includes Customer Materials, part geometry, applications, requirements, and test results.
• Super Foam Confidential Information includes baseline formulations, process methodologies, pricing, simulation algorithms, and custom data sheets.

Confidential Information does not include information that: (i) is or becomes publicly known through no breach of this Agreement; (ii) was already known to the Receiving Party prior to disclosure; (iii) is independently developed by the Receiving Party without reference to or reliance on Confidential Information; or (iv) is rightfully received from a third party without duty of confidentiality.

5. Protection & Non-Disclosure

Each party agrees to:

(a) Use Confidential Information solely for the Purpose;

(b) Protect Confidential Information with the same degree of care it uses for its own confidential information of like nature, but no less than reasonable care;

(c) Disclose Confidential Information only to its employees, contractors, and professional advisors who need to know such information for the Purpose and are bound by confidentiality obligations at least as restrictive as those herein.

If required by law, court order, or government authority to disclose Confidential Information, the Receiving Party may do so provided it gives prompt written notice (where legally permissible) to enable the Disclosing Party to seek a protective order.

6. Testing & Reverse Engineering

Neither party will reverse engineer, disassemble, or decompile software, baseline formulations, or proprietary platform processes provided by the other party. Customer may test sample parts delivered by Super Foam in its own laboratory or through an independent third-party laboratory for Customer's qualification, testing, and quality assurance.

7. Export Control Compliance

Each party agrees to comply with all applicable U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Customer shall not upload technical data controlled under ITAR or EAR without Super Foam's express prior written consent and execution of a separate export control agreement.

8. Engineering Estimates & Warranty Disclaimer

Impact test results, simulation outputs, and custom data sheets provided via the dashboard are engineering estimates based on tested baselines. They do not constitute a guarantee or warranty of part performance under operational conditions and do not replace final physical qualification testing. EXCEPT AS EXPLICITLY STATED, ALL SERVICES, SIMULATIONS, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9. Return and Deletion of Data

Upon written request or account termination, each party will promptly return or delete the other party's Confidential Information. Standard system backups and records retained for legal/regulatory compliance purposes are exempt from immediate destruction but remain subject to Section 5. Customers may request deletion of uploaded files via the account dashboard or by contacting [email protected].

10. Term & Survival

This Agreement remains in effect while your account is active. Either party may terminate this Agreement at any time upon 30 days' written notice or by closing the account. Confidentiality obligations under Section 5 shall survive termination for a period of three (3) years, provided that trade secrets shall remain confidential for as long as they qualify as trade secrets under applicable law.

11. Customer Listing & Marketing Permissions

11.1 If Customer provides a company name upon registration or in account settings, Customer grants Super Foam a revocable, non-exclusive, royalty-free license to display Customer's company name and logo on superfoamcorp.com and in marketing or investor presentations solely to identify Customer as a Super Foam client.

11.2 Super Foam shall only list Customer after Super Foam has produced a physical sample or part for Customer. Super Foam will not disclose Customer’s part designs, proprietary applications, custom formulas, or pricing without prior written consent.

11.3 Customer may revoke marketing permission at any time via the dashboard setting or by emailing [email protected]. Super Foam will remove the listing from its website within ten (10) business days and cease usage in future printed materials.

11.4 If Customer and Super Foam execute a separate written Non-Disclosure Agreement (NDA) or Master Services Agreement (MSA) containing explicit marketing or publicity restrictions, that agreement shall control over this Section 11.

12. Limitation of Liability & Indemnification

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT. SUPER FOAM'S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT SHALL NOT EXCEED $100 OR THE TOTAL FEES PAID BY CUSTOMER TO SUPER FOAM IN THE PRECEDING 12 MONTHS, WHICHEVER IS GREATER.

12.2 Customer agrees to defend, indemnify, and hold harmless Super Foam from any third-party claims, liabilities, or damages arising out of Customer Materials infringing third-party intellectual property rights or Customer's breach of Section 7 (Export Control).

13. General Provisions

13.1 Either party may seek injunctive or equitable relief to prevent unauthorized disclosure of Confidential Information.

13.2 This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles. Any legal actions shall be brought in courts located in Riverside County, California.

13.3 This Agreement, together with the Privacy Policy and Terms of Use, constitutes the entire understanding between the parties regarding account access.

13.4 Notices. Notices under this Agreement must be in writing. Super Foam may send notices to the email address associated with Customer's account. Customer may send notices to [email protected] or to Super Foam's address in Section 1. A notice is effective when received, and an email notice is treated as received one business day after it is sent unless the sender receives a delivery failure message.

13.5 Assignment. Customer may not assign or transfer this Agreement without Super Foam's prior written consent, except to a successor to all or substantially all of Customer's business or assets to which this Agreement relates. Super Foam may assign this Agreement to an affiliate or to a successor in a merger, acquisition, or sale of all or substantially all of its assets. Any other attempted assignment is void. This Agreement binds and benefits the parties and their permitted successors and assigns.

13.6 Severability. If any provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified only as needed to make it enforceable, and the remaining provisions will stay in full force and effect.

13.7 Waiver. A party's failure or delay in enforcing any provision of this Agreement is not a waiver of its right to enforce it later.