SUPERED INC.  

TERMS OF SERVICE

(Applicable to Authorized Users of a Commercial Licensee)

Last Updated November 14, 2025

This Terms of Services (these “Terms” or the “Agreement”) shall govern your access to and use of the Supered user interface and Supered chrome extension and the accompanying services, tools, features, and functionality provided and/or offered therewith (the “Platform”), pursuant to and subject to such definitive Master Subscription Agreement (the “Commercial License Agreement”), as it may be termed from time to time, between Supered Inc., a Delaware corporation (the “Company”, we,” “us”, or “our”) and your employer or such certain other third party who contracted with us for the provision of Platform access and who has subsequently provided your employer with a sublicense to access and use the Platform (the “Commercial Licensee”). This Agreement is a binding contract by and between us and you, as the party who accepts this these Terms (the “Authorized User” or “you”). Throughout this Agreement, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THIS AGREEMENT (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THIS AGREEMENT AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND THEREBY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO IT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE PLATFORM. ACCESSING OR USING THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

We retain the exclusive right, in our sole discretion, to make changes to this Agreement, from time to time. Your continued access to and use of the Platform constitutes your agreement to be bound by, and your acceptance of, the Agreement posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments/updates thereto) each time you sign into your Authorized User Account (as defined below), or otherwise access, or use the Platform. Therefore, we encourage you to review these this Agreement regularly.

        ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION.

1.        Modification to Agreement. We may modify this Agreement by providing notice through the Platform or by updating the “Last Updated” date at the top of this Agreement. By clicking on an “I Agree” button or checkbox presented with the modified Agreement, or by continuing to access or use of the Platform, you confirm your agreement to the modified Agreement. If you do not agree to any modification to this Agreement, you must stop accessing and using the Platform. We encourage you to frequently review this Agreement to ensure you understand the terms and conditions that apply to your access to, and use of, the Platform.

2.        Platform License Grant. Subject to your compliance with this Agreement and the terms of the Commercial License Agreement, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and such accompanying Services (as defined below) solely for your and the Commercial Licensee’s internal business purposes (the “License”). The foregoing License will terminate immediately upon the earlier to occur of:

(i)        The expiration or earlier termination of the Commercial License Agreement between the Company and the Commercial Licensee;

(ii)        Your election to terminate the License and cease your access to and use of the Platform and the accompanying Services (as defined below); or

(iii)        You ceasing to be an authorized user of the Commercial Licensee, for any or no reason.

        Notwithstanding anything in this Agreement to the contrary, we reserve the right to suspend or limit your access to and use of the Platform and the Services, or to terminate this Agreement, and thus terminate the License granted to you in this Section 2 and your access to and use of the Platform and the Services, immediately and without any liability to you in the event of (i) a breach of this Agreement by you (as determined by us in our sole discretion), or (ii) any act or omission by you (a) that constitutes a violation of this Agreement, (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Platform (or the security thereof) or with any other authorized users’ use of the Platform, or (c) constitutes, in our reasonable discretion, an unreasonable, excessive or abusive use of the Platform, the Services, or our systems or resources.

Services” shall mean the accompanying services, features, tools, and content provided and/or offered to the Commercial Licensee, and, thus, as authorized by the Commercial Licensee, the Authorized User, through the Platform.

3.        Authorized User Account.

        3.1        Account Registration. In order to access and use the Platform, you must provide all information that we reasonably request to establish, register and confirm your account (an “Authorized User Account”). You will have the ability to create and manage your Authorized User Account online, via the Platform; whereby you will:  (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of its Account or any other breach of security, and (e) exit from your Accounts at the end of each work session.

        3.2         Account Information. As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Platform access and such accompanying Services or to perform under (or to exercise our rights under) this Agreement. We have the right to refuse your registration or suspend or terminate your use of the Platform and the Services if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times.  

        3.3        Account Responsibility. You are responsible for keeping your Authorized User Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Authorized User Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Authorized User Account. You should use particular caution when accessing your Authorized User Account so as not to provide third parties with your Authorized User Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Authorized User Account, either with or without your knowledge.

        3.4        Number of Accounts. You agree that you will not create more than one Authorized User Account or create an Authorized User Account for anyone other than yourself, except as necessary for you to segregate various Authorized User Accounts in such circumstances where your License hereto extends to receiving Platform access on behalf of multiple Commercial Licensees.

        3.5        Access and Devices. You are responsible for obtaining the access necessary to use the Platform, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform, its Services, and any updates thereto. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4.        Restrictions on Use. Except as otherwise expressly permitted in this Agreement, you shall not, at any time, directly or indirectly:

                

  1. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party in any way;

(ii)        Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Platform, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Platform in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Platform;

(iii)        Modify, remove, or obstruct any proprietary rights statement or notice contained within the Platform;

(iv)        “Crawl,” “scrape,” or “spider” any data or portion of the Platform (through use of manual or automated means);

(v)        Send or store on the Platform (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

(vi)        Attempt to gain unauthorized access to the Platform or its related systems or networks;

(vii)        Access the Platform if you are a direct competitor of the Company unless the Company agrees in writing before you access the Platform;

(viii)        Share passwords or provide false identity information to access or use the Platform;

(ix)        Remove, delete, add to, alter, or obscure any part or aspect of the Platform or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Platform;

(x)        Challenge, or cause, induce, authorize, or assist any Person to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights in and to the Platform, Documentation, and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;

(xi)        Under or in connection with any part of this Agreement or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;

(xii)        Use the Platform in a way prohibited by applicable law;

(xiii)        Use the Platform in a way that could materially harm the functionality or performance of the Platform;

(xiv)        Permit unauthorized third parties to obtain access to the Platform;

(xv)        Use or access the Platform in a manner that fails to comply with this Agreement, or any related documentation provided by the Company;

(xvi)        Hack or break any security mechanism on the Platform, or pose a security threat to any other authorized users of the Platform;

(xvii)        Use the Platform or any data obtained through the Platform in a false or misleading manner, or in any manner inconsistent with this Agreement;

(xviii)        Use the Platform in any way that may be offensive, profane, obscene, or libelous to the Company; or

(xix)        Attempt to access the Platform by any means other than through the interface that is provided by the Company.

5.        Intellectual Property Rights. You hereby acknowledge and agree as follows:

(i)        This Agreement is not a sale and does not give you any rights of ownership in, or related to, the Platform, the Services, or the Company’s Intellectual Property Rights (as defined below);

(ii)        You agree to not assert or cause any other party to assert any right, title, or interest in or to the Platform, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights; and

(iii)        The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Platform, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Platform, including all Intellectual Property Rights associated with the foregoing.

        For purposes of this Agreement, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.

6.        Updates. The Company may develop and provide, in its sole discretion, periodic updates, upgrades, new releases, adaptations, bug fixes, patches, workarounds, and other error corrections with respect to the Platform (“Updates”). You agree that the Company has no obligation to develop any Updates at all or for particular issues, and the Company expressly disclaims any liability for not doing so. To the extent that you have control over Updates within your own instance of the Platform or on your own device(s) or application(s), you agree to promptly install and make use of all Updates provided by the Company and acknowledge and agree that the Platform may not properly operate should you fail to do so. You further understand and agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.

7.        Personal Data

(a)        You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals, in connection with this Agreement, or the Platform. Accordingly, you represent and warrant that your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.          

(b)        The Authorized User shall not integrate, upload, transmit, store, disclose, or make available through the Platform any Sensitive Data, and the Company will have no liability whatsoever for such Sensitive Data erroneously transmitted through the Platform. For the purposes of this Agreement, "Sensitive Data” means any Personal Data or end-user data that requires a heightened degree of protection by applicable law. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information, or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted requiring heightened standards for data protection or privacy.

8.        Authorized User Usage Data. The Authorized User acknowledges and agrees that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Platform, the Services, and about equipment on which the Platform is installed or through which it otherwise is accessed and used (the “Authorized User Usage Data”). The Company may compile, use, reproduce, and disclose the Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with this Agreement and the Company’s Privacy Policy, located at, https://www.supered.io/legal/privacy, as amended from time to time (the “Privacy Policy”), provided that such Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any authorized user. The Company retains all rights, title, and interest in and to such Usage Data and the Company’s right to use such Usage Data will survive termination of this Agreement.

9.        Security Breach. If you suspect that your Authorized User Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you, the Commercial Licensee, and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at security@supered.io and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

10.        Warranty. The Company represents and warrants that it has all rights, licenses, consents, and authorizations necessary to grant the rights and licenses granted in this Agreement

11.        No Other Warranties; Disclaimer of Warranties.

        (a)        OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER THE COMPANY, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU, OR ANY OTHER PERSON OR ENTITY, WITH RESPECT TO THE PLATFORM, ITS SERVICES, OR OTHERWISE REGARDING THE AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR COMMERCIAL USE ONLY.

        (b)        WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY IS MADE THAT USE OF THE PLATFORM OR ITS SERVICES WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED, THAT ANY NON-MATERIAL ERRORS OR DEFECTS IN THE PLATFORM OR THE SERVICES WILL BE CORRECTED, THAT THE SYSTEM AND SOFTWARE THAT MAKES THE PLATFORM AND ITS SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM AND THE SERVICES WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS, APPLICATIONS, CONTENT, OR DATA NOT PROVIDED OR RECOMMENDED BY THE COMPANY, THAT THE OPERATION OF THE PLATFORM WILL BE SECURE, OR THAT THE PLATFORM’S AND THR SERVICE’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PLATFORM AND THE SERVICES ARE SUFFICIENT FOR YOUR DESIRED PURPOSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12.        Disclaimer of Liability. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL UNDER OR IN ANY WAY RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM AND THE SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.

        YOU ARE PROVIDED WITH PLATFORM ACCESS AND SUCH LICENSE PURSUANT TO SUCH CERTAIN COMMERCIAL LICENSE AGREEMENT BETWEEN THE COMPANY AND THE COMMERCIAL LICENSEE, SOLELY FOR THE BENEFIT OF THE COMMERCIAL LICENSEE. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER SUCH CERTAIN COMMERCIAL LICENSE AGREEMENT INCLUDING NO RIGHTS TO ENFORCE ANY OF ITS TERMS.

        ANY OBLIGATION OR LIABILITY WE MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE PLATFORM AND THE SERVICES ARE SOLELY PROVIDED TO AND/OR HELD BY THE COMMERCIAL LICENSEE PURSUANT TO THAT CERTAIN COMMERCIAL LICENSE AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

13.        Indemnity. You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents from and against any and all third party claims and resulting  costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your:  (i) misuse or unlawful use of the Platform; or (ii) breach of Section 3 (Authorized User Account), (ii) breach of Section 4 (Restrictions on Use) or Section 5 (Intellectual Property Rights),

14.        Dispute Resolution.

        14.1        Binding Arbitration. Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Atlanta, Georgia and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under this Agreement, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the principles of Delaware law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of this Agreement, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.

        14.2        Arbitration Opt-out. You can opt out of this provision within thirty (30) days of the date that you initially agreed to this Agreement. To opt out, you must send your name, username, and email address that you use for your Authorized User Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to:  Supered Inc., ATTN: Supered Arbitration Opt-out, legal@supered.io.

        14.3        Enforcement of Company’s Intellectual Property. You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 14, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.

        14.4        Arbitration Agreement Survival. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

15.        Miscellaneous.

        15.1        Governing Law. The interpretation and enforcement of this Agreement, and any dispute related to this Agreement, will be governed by and construed and enforced in accordance with the laws of State of Delaware (US), without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

        15.2        Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

        15.3        Severability. If any provision set forth in this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in this Agreement will be unimpaired and this Agreement will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

        15.4        Notices. We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Authorized User Account or on the Platform or (ii) via electronic mail to your contact information on record with us in connection with Authorized User Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Platform (for example, changes to your Authorized User Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under this Agreement (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:

                

Supered Inc.

Attn:  Terms of Service Notices

Email: legal@supered.io

        15.5        Waiver. The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of this Agreement, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.

        15.6        Assignment. This Agreement is binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey this Agreement, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in this Agreement, we may assign, transfer, and delegate this Agreement and its obligations hereunder at any time, in its sole discretion.

        15.7        Survival. Termination of this Agreement will not affect the provisions that, by their nature, are intended to survive the termination hereof, including without limitation, Sections 4, 5, 9, and 11-15.

        15.8        Entire Agreement. The current and present version of this Agreement, constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

[End of Terms of Service]