Private Alpha Testing Agreement.

This Private Alpha Testing Agreement ("Agreement") is entered into by and between Fursan Health, Inc., a Delaware corporation (the "Company"), and the individual or entity identified on the signature page (the "Tester"). Company and Tester are each a "Party" and together the "Parties." This Agreement governs Tester's participation in the private alpha testing and product-shaping program for Fursan Core, Fursan Health, related provider/professional tools, future integrations, and any related confidential product concepts, including FoodGuard where specifically disclosed.

1. Alpha purpose and no employment

The alpha program is a limited, invitation-only, pre-release product testing and product-shaping event. Tester participates voluntarily to evaluate alpha software, provide feedback, identify bugs, test workflows, and help Company refine the product. Tester is not an employee, founder, co-founder, officer, partner, joint venturer, agent, franchisee, representative, or legal advisor of Company. Participation does not create compensation rights, equity rights, founder status, future employment rights, advisory rights, reseller rights, revenue share, or exclusivity unless a separate written agreement signed by Company expressly says so.

2. Eligibility

• Tester must be at least 18 years old.
• Tester must provide accurate identity, contact, state, role, and eligibility information.
• Tester must use the product only for personal alpha testing unless a Provider/Professional Rider and any required client/patient/athlete consent are completed.
• Tester must not use the product for emergency, clinical, medical, diagnostic, treatment, food-safety certification, legal, official military, government procurement, or regulated compliance purposes.
• Tester must not upload third-party information or records without lawful permission and Company-approved workflows.

3. Alpha software is experimental

Tester understands that the alpha software is incomplete, unstable, experimental, and subject to change without notice. Features may be added, removed, disabled, wiped, reset, rate-limited, or modified at any time. Data may be lost or corrupted. Reports, AI outputs, logs, integrations, wearable data, charts, scores, recommendations, and summaries may be inaccurate, incomplete, delayed, or misleading. Company may suspend or terminate access at any time.

4. No medical, nutrition, diagnosis, treatment, emergency, or food-safety certification advice

• Fursan Core and related tools are not a substitute for medical care, diagnosis, treatment, therapy, emergency care, licensed nutrition counseling, clinical judgment, or professional advice.
• AI outputs, plans, reports, blood panel explanations, medical-record summaries, wearable interpretations, food guidance, training guidance, fasting guidance, and recovery guidance are decision-support and educational/product-evaluation tools only.
• Tester must consult qualified professionals before making medical, medication, diet, fasting, exercise, injury, rehab, treatment, or health decisions, especially if Tester has a medical condition, eating-disorder history, pregnancy, heart condition, metabolic disorder, injury, mental-health condition, or other risk factor.
• Tester must not delay or avoid medical care because of anything in the alpha product.
• FoodGuard or food-safety concepts, if disclosed, screen for risk indicators only and do not certify that food is safe, pathogen-free, or fit for consumption.

5. Confidential Information

Confidential Information includes all non-public information and materials disclosed or made available by Company or learned through Tester's participation, including product builds, screenshots, demos, video walkthroughs, source code, object code, architecture, APIs, databases, prompts, models, workflows, AI outputs, pricing, roadmaps, business plans, market strategy, financial assumptions, FoodGuard concepts, provider workflows, user research, legal/compliance strategy, bug reports, private discussions, private community content, tester lists, founder communications, and derived notes or summaries.

6. Confidentiality obligations

• Tester will protect Confidential Information with at least reasonable care and no less care than Tester uses to protect Tester's own confidential information.
• Tester will use Confidential Information only for private alpha testing and feedback for Company.
• Tester will not disclose Confidential Information to any third party without Company's prior written permission.
• Tester will not photograph, screenshot, record, stream, reproduce, archive, upload, forward, summarize, publish, or post Confidential Information unless Company expressly allows it in writing.
• Tester will not share login credentials, invite links, TestFlight links, access codes, demo links, private channel content, or documents with anyone.
• Tester will not reverse engineer, decompile, disassemble, scrape, copy, benchmark publicly, security test without permission, or attempt to access non-public systems, accounts, endpoints, or data.
• Tester will not use Confidential Information to build, advise, fund, launch, train, market, improve, or support a competing or substantially similar product or service.

7. Exceptions

Confidentiality obligations do not apply to information that Tester can prove: (a) is or becomes publicly available without breach by Tester; (b) was lawfully known to Tester before disclosure by Company without confidentiality obligations; (c) is lawfully received from a third party without confidentiality obligations; or (d) is independently developed without use of or reference to Confidential Information. These exceptions do not apply merely because parts of a product category are generally known; the specific Fursan implementation, combination, architecture, roadmap, data model, workflows, prompts, screens, product strategy, and product-shaping details remain protected.

8. Feedback and assignment

Tester may provide feedback, ideas, suggestions, comments, bug reports, feature requests, criticisms, test results, workflows, prompts, improvements, and other input ("Feedback"). Tester agrees that Company may use, reproduce, modify, publish, commercialize, assign, license, and otherwise exploit Feedback for any purpose without restriction, attribution, compensation, approval, or obligation. To the extent any Feedback creates protectable rights, Tester hereby assigns all worldwide right, title, and interest in that Feedback to Company. Tester waives moral rights and similar rights in Feedback to the maximum extent permitted by law. This assignment does not transfer Tester's pre-existing inventions, pre-existing IP, or general professional skills not based on Company Confidential Information.

9. Ownership

Company owns and retains all rights in Fursan Health, Fursan Core, Fursan Pro, Fursan Ops, FoodGuard concepts disclosed by Company, software, designs, workflows, data models, databases, prompts, AI orchestration, documentation, trade secrets, trademarks, copyrights, inventions, business plans, roadmaps, and all improvements. Tester receives only a revocable, limited, non-exclusive, non-transferable alpha access right for evaluation and feedback.

10. Tester content and data license

Tester may submit limited personal data, logs, fitness information, nutrition information, images, device data, feedback, notes, bug reports, and other content as part of alpha testing ("Tester Content"). Tester grants Company a worldwide, non-exclusive, royalty-free license to host, process, display, analyze, transmit, store, secure, debug, improve, and use Tester Content to operate, test, improve, and support the alpha product. Company may use aggregated, anonymized, or de-identified data for product improvement, analytics, model evaluation, operational security, and business analysis, provided such data is not reasonably used to identify Tester. Company will not sell Tester's personal health data in the alpha program.

11. Health data, medical records, blood panels, and third-party records

• Tester should not upload medical records, blood panels, lab results, prescriptions, diagnoses, therapy notes, clinical records, DoD/VA/military medical records, student records, client records, patient records, athlete records, or third-party records unless Company expressly enables that workflow and Tester has completed the required authorization/consent steps.
• If Tester uploads personal health records in an enabled workflow, Tester represents that Tester has the legal right to upload and use those records.
• Tester must not upload another person's information unless the person has given valid written consent and Company has expressly approved the relevant workflow.
• Company may disable, delete, quarantine, or require removal of records that appear to contain unauthorized third-party data, PHI, student data, government data, classified information, controlled unclassified information, or other restricted information.

12. AI systems and third-party services

Fursan may use AI models, AI vendors, infrastructure providers, analytics systems, communication tools, email services, cloud vendors, app-store systems, health/wearable integration providers, and support tools. AI outputs may be generated or cross-checked by multiple models. AI outputs may be wrong, incomplete, biased, outdated, unsafe, or inconsistent. Tester must not rely on AI outputs as medical diagnosis, treatment, emergency advice, or final professional judgment. Company may limit AI features, block sensitive data from AI, redact content, use non-AI fallbacks, or disable AI routing based on cost, safety, vendor, privacy, or compliance requirements.

13. No public statements; social media; publicity

• Tester may not publish, post, stream, display, review, compare, benchmark, criticize publicly, endorse publicly, advertise, or discuss Fursan alpha materials without prior written permission.
• Tester may not use Company names, logos, screenshots, founder name, product names, or confidential materials in any public post, pitch, content, marketing, profile, sponsorship claim, or endorsement without written permission.
• Company may use Tester's Feedback internally. Company will not use Tester's name, likeness, testimonial, logo, or identifying statement in public marketing unless Tester separately consents in writing.

14. Security and acceptable use

• Tester will maintain secure passwords and protect devices used for alpha access.
• Tester will not attempt unauthorized access, vulnerability testing, scraping, API probing, credential stuffing, reverse engineering, data mining, or system interference without Company's written authorization.
• Tester will not submit unlawful, harmful, exploitative, harassing, infringing, confidential third-party, classified, government-restricted, or unauthorized medical data.
• Tester will promptly report security issues, privacy issues, suspected data exposure, product safety issues, harmful outputs, or unauthorized access to security@fursanhealth.com and legal@fursanhealth.com.

15. Suspension and termination

Company may suspend, limit, revoke, or terminate alpha access at any time for any reason, including suspected confidentiality breach, security issue, misuse, inaccurate eligibility information, harmful behavior, failure to sign documents, privacy risk, legal risk, alpha capacity limits, or product changes. Upon termination, Tester must stop using the product and return, delete, or destroy Confidential Information as instructed, except that Tester may retain one archival copy solely to comply with legal obligations if permitted by law and kept confidential.

16. Term; survival

This Agreement begins on the date of acceptance and continues until terminated. Confidentiality, feedback assignment, IP ownership, restrictions on use/disclosure, no-publicity restrictions, audit/log retention rights, limitation of liability, dispute provisions, DTSA notice, and other provisions that by nature should survive will survive. Confidentiality obligations last five (5) years after the last disclosure, and trade secret protections last as long as the information remains a trade secret under applicable law.

17. Warranty disclaimer

THE ALPHA PRODUCT, CONFIDENTIAL INFORMATION, DEMOS, REPORTS, AI OUTPUTS, FOODGUARD CONCEPTS, HEALTH INTERPRETATIONS, INTEGRATIONS, DATA, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION. TESTER USES THE ALPHA PRODUCT AT TESTER'S OWN RISK.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS FOUNDER, AFFILIATES, SUCCESSORS, ASSIGNS, PERSONNEL, CONTRACTORS, AND VENDORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST-PROFIT DAMAGES, OR FOR DATA LOSS, DEVICE ISSUES, HEALTH OUTCOMES, FOOD SAFETY OUTCOMES, BUSINESS INTERRUPTION, OR RELIANCE ON ALPHA OUTPUTS. COMPANY'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE ALPHA PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT TESTER PAID COMPANY FOR THE ALPHA PROGRAM, WHICHEVER IS GREATER, EXCEPT WHERE SUCH LIMITATION IS NOT PERMITTED BY LAW.

19. Indemnity

Tester will defend, indemnify, and hold harmless Company, founder, affiliates, successors, assigns, personnel, contractors, and vendors from claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from Tester's breach of this Agreement, misuse of the alpha product, unauthorized disclosure, unauthorized upload or use of third-party data, violation of law, infringement or misappropriation, public statements, or use of the alpha product with clients, patients, athletes, students, employers, military organizations, or other third parties without required consents and agreements.

20. Injunctive relief

Tester acknowledges that unauthorized disclosure or misuse of Confidential Information or trade secrets may cause irreparable harm for which money damages may be inadequate. Company may seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable relief without posting bond, in addition to any other available remedies.

21. Governing law; venue; mandatory rights

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that mandatory rights and protections of Tester's state of residence or applicable law are not waived. Subject to counsel review, disputes may be brought in Delaware courts or another court with jurisdiction. Company may seek injunctive or equitable relief in any court of competent jurisdiction. Nothing in this Agreement limits rights that cannot legally be limited by contract.

22. Assignment

Tester may not assign this Agreement without Company's written consent. Company may assign this Agreement to an affiliate, successor, acquirer, newly formed entity, parent, subsidiary, or other entity connected with Fursan Health, Fursan Core, financing, merger, acquisition, reorganization, sale of assets, or corporate formation/transition.

23. Entire agreement; order of precedence

This Agreement, the Alpha Privacy and Health Data Authorization, the E-SIGN Consent, the State-Specific Addendum, and any applicable Provider/Professional Rider or Military Rider are the complete agreement regarding Tester's private alpha participation and supersede prior discussions about alpha access. If terms conflict, the more protective term for Confidential Information, privacy, security, health-data limits, IP ownership, or Company safety controls will control unless counsel-approved terms specify otherwise.

24. DTSA whistleblower immunity notice

Pursuant to 18 U.S.C. § 1833(b), Tester is notified that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret that is made: (a) in confidence to a federal, state, or local government official, directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; or (b) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose a trade secret to the individual's attorney and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.

Signature

The full Private Alpha Testing Agreement is executed via DocuSign after the alpha application is approved. The signature page collects the Tester's full legal name, preferred name, email, phone, state/country of residence, the conditional rider flags (Provider/Professional and/or Military), date, and electronic signature. The Company authorized signer is Scott P Crowley or a designated officer of Fursan Health, Inc.