IMPORTANT: THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.

Terms of Service

Effective Date: January 1, 2024

Welcome to Evolvng, operated by Hyperreal LLC ("Hyperreal LLC", "we", "us"). These Terms of Service ("Terms") govern your access and use of the Services, including all websites, applications, products, Paid Features, AI tools, and virtual currency. By using the Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Age Requirement

• You must be at least 18 years old. Anyone under 18 is strictly prohibited from accessing or using the Services.
• If you are acting on behalf of another person or entity, you must have full legal authority to bind that person or entity to these Terms.

2. Account Registration and Security

• You must provide accurate and complete information during registration and update it as necessary.
• Your account credentials are personal and confidential. You are responsible for all activity on your account.
• Sharing accounts, impersonating others, or creating multiple accounts without consent is prohibited.
• Hyperreal LLC may suspend or terminate your account for violations of these Terms.

3. Paid Features and Virtual Currency

• Paid Features include virtual currency, premium content, or per-use add-ons purchased with real money.
• All purchases are non-refundable, except where required by law. You acknowledge that virtual currency has no cash value.
• Failure to pay for Paid Features may result in suspension or termination of your account, loss of virtual currency, or restriction of access.
• Applicable sales tax will be collected where required by law.
• Residents of jurisdictions with mandatory refund rights will receive refunds in accordance with local law.
• Virtual currency cannot be redeemed for cash. Virtual currency may be subject to expiration, forfeiture, or usage limitations as disclosed at the time of purchase or within the Services. Notwithstanding the foregoing, such terms will comply with all applicable laws and will not apply where prohibited.
• For users outside the United States, local laws may override certain refund and payment provisions. Hyperreal LLC will comply with mandatory local consumer rights.
• We do not guarantee the continued availability of any specific Paid Feature, and features may be modified or discontinued at any time, subject to applicable law.

4. Rules and Prohibited Conduct

You may only use the Services legally and in accordance with these Terms. Prohibited activities include, but are not limited to:

• Infringing the intellectual property, privacy, or other rights of others.
• Accessing the Services via unauthorized APIs or automation.
• Posting content that is violent, sexual, hateful, threatening, unlawful, or encourages self-harm.
• Harassing, stalking, bullying, impersonating, or defaming others.
• Collecting personal information without consent or circumventing security measures.
• Spamming, scraping, reverse engineering, or otherwise interfering with the Services.
• Hyperreal LLC may, but is not obligated to, monitor user activity or content posted through the Services. We reserve the right to remove content or restrict access at our discretion but assume no duty to monitor the Services.
• Engaging in any conduct prohibited by law, regulation, or these Terms.

5. User-Generated Content

• You retain ownership of your content ("User Content") but grant Hyperreal LLC a worldwide, non-exclusive, royalty-free license to use it for the Services.
• You represent and warrant that your User Content does not violate anyone’s rights, solicit minors, or contain prohibited material.
• You are solely responsible for your User Content, including any offensive or harmful material.
• You indemnify Hyperreal LLC against all claims, losses, and damages arising from your User Content.
• For AI-assisted content, you retain ownership but grant Hyperreal LLC the same license as for standard User Content.
• To the extent permitted by applicable law, you waive any moral rights in your User Content. Where such rights cannot be waived, you agree not to assert them in a manner that interferes with Hyperreal LLC’s use of the content.
• Hyperreal LLC reserves the right to review, monitor, and remove User Content that may violate these Terms or applicable law without prior notice.

6. AI Response Content

• All AI-generated responses, outputs, and suggestions ("AI Content") are provided for informational, educational, or entertainment purposes only.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERREAL LLC SHALL NOT BE LIABLE FOR ANY DECISIONS OR ACTIONS TAKEN BY YOU IN RELIANCE ON AI CONTENT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY WHERE PROHIBITED.

• AI Content is inherently limited, may contain inaccuracies, omissions, or errors, and should not be relied upon as professional advice of any kind, including medical, mental health, legal, financial, safety-critical, or investment advice.
• Hyperreal LLC makes no representations or warranties regarding the accuracy, reliability, completeness, or suitability of AI Content for any purpose.
• You expressly acknowledge and agree that your use of AI Content is at your sole risk, and Hyperreal LLC shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from your use of AI Content, even if advised of the possibility of such damages.
• You are solely responsible for verifying any information obtained from AI Content and for any actions taken based on AI Content.
• Hyperreal LLC is not responsible for any mental, emotional, physical, or financial harm, loss, or injury resulting from AI Content, including but not limited to self-harm, suicide, or financial loss.
• You agree to indemnify, defend, and hold harmless Hyperreal LLC, its affiliates, officers, directors, employees, agents, licensors, and partners from all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of AI Content or reliance on AI Content.
• You agree not to use AI Content for illegal, harmful, unsafe, or prohibited purposes, including generating content intended to harass, defame, or cause harm to yourself or others.
• AI Content is not a substitute for professional advice. You should always seek qualified professional guidance for medical, mental health, legal, financial, or safety-critical decisions.
• For guidance on safely interacting with AI and handling self-harm or crisis situations, please see our Self-Harm Safety Policy.
• By using AI services, you acknowledge that you have read, understood, and accepted these disclaimers and agree that Hyperreal LLC has no duty to monitor, verify, or correct AI Content.
• Users outside the U.S. acknowledge that certain disclaimers and liability limitations may be subject to local mandatory laws; Hyperreal LLC will comply with such requirements but disclaims all other liability to the maximum extent permitted under local law.
• Certain features of the Services, including AI tools, may be provided as beta, experimental, or early access features. These features may contain errors, interruptions, or inaccuracies and are provided without any guarantees of performance, reliability, or availability.

7. Intellectual Property

All Service Content, trademarks, logos, designs, and software are owned or licensed by Hyperreal LLC. You may not reproduce, distribute, or exploit any Service Content without written consent.

8. Changes to Services

We may update, suspend, or remove parts of the Services at any time. Content may be removed for violations of these Terms or operational reasons.

9. Account Termination

Hyperreal LLC may suspend or terminate your account for violations of these Terms or for legitimate business, legal, or operational reasons. Where reasonably practicable, we may provide notice or an opportunity to remedy the issue prior to termination.

The following provisions survive termination of your account or these Terms: Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Arbitration, Governing Law, and any provisions which by their nature should survive termination.

10. Warranty Disclaimer

Your use of Evolvng and all associated services, including AI-generated responses, user content, and paid features, is at your sole risk. Hyperreal LLC provides the Services on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Hyperreal LLC specifically disclaims all warranties, including, but not limited to:

• The implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title;
• The accuracy, reliability, completeness, or usefulness of AI-generated responses;
• The availability, security, or uninterrupted operation of the Services;
• Any warranty that the Services will meet your requirements or expectations;
• Any warranty that errors, bugs, or other defects in the Services will be corrected.
• These disclaimers survive the termination of your account or the Services.
• You acknowledge that Hyperreal LLC is not liable for gross negligence or intentional misconduct beyond what is allowed by law.

You acknowledge that Hyperreal LLC does not guarantee any specific results from your use of the Services or any AI-generated content. You assume full responsibility for any reliance on the Services or AI responses.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hyperreal LLC, its affiliates, officers, directors, employees, agents, licensors, and partners from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms or applicable law; (b) your User Content; or (c) your misuse of the Services. This indemnification obligation does not apply to the extent that a claim arises from Hyperreal LLC’s own negligence, willful misconduct, or violation of law.

Hyperreal LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully in defending such matter. This indemnity survives termination of your account or these Terms.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYPERREAL LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF VIRTUAL CURRENCY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF HYPERREAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERREAL LLC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO HYPERREAL LLC IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100) USD.

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY SURVIVES TERMINATION OF YOUR ACCOUNT OR THESE TERMS.

Users acknowledge that some provisions may not be enforceable under local law outside the United States, and Hyperreal LLC's obligations will be interpreted to comply with applicable local regulations.

13. Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

To the fullest extent permitted by law, you and Hyperreal LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Hyperreal LLC shall be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided below.

Agreement to Arbitrate

You and Hyperreal LLC agree to resolve any disputes through binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this section.

Individual Arbitration Only

All arbitration proceedings shall be conducted solely on an individual basis. You agree that you may bring claims against Hyperreal LLC only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

Class Action Waiver

To the fullest extent permitted by law, you and Hyperreal LLC waive any right to participate in class actions, class arbitrations, private attorney general actions, or other representative proceedings.

Small Claims Court Exception

Either party may choose to pursue a claim in small claims court instead of arbitration if the claim qualifies and remains within the jurisdictional limits of that court.

Arbitration Location

Unless otherwise agreed by both parties, arbitration shall take place in Palm Beach County, Florida, USA. For users outside the United States, arbitration may be conducted remotely by video or written submissions where permitted by the applicable arbitration rules.

Arbitration Fees

Each party will be responsible for its own attorneys' fees unless otherwise required by law or awarded by the arbitrator. Arbitration filing and administrative fees will be allocated in accordance with the applicable JAMS rules.

Arbitrator Authority

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

Severability

If the class action waiver in this section is found to be unenforceable or unlawful for any reason, then the entirety of this arbitration section shall be deemed null and void, and the dispute shall proceed in a court of competent jurisdiction.

Opt-Out of Arbitration

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms. To opt out, you must send written notice including your full name, account email address, and a clear statement that you wish to opt out of arbitration.

• Support: Link
• Mail: Hyperreal LLC, 321 Oregon LN, Boca Raton, FL 33487, USA

If you opt out of arbitration within the required time period, neither you nor Hyperreal LLC will be bound by this arbitration provision.

14. General Provisions

• Electronic Communications: Communications and notices may be provided electronically.
• Governing Law: Florida law, USA, consistent with the Federal Arbitration Act. For users outside the U.S., local mandatory laws may override certain provisions.
• Force Majeure: Hyperreal LLC is not liable for events beyond reasonable control.
• Assignment: You may not assign your rights; we may transfer without consent.
• Notice: Keep your contact information current.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect, such provision shall be modified or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. This ensures that the invalidity of one provision does not affect the enforceability of the rest of the Terms.
• Professional Reliance: Services and AI outputs are not professional advice and should not be relied upon for medical, legal, financial, or other professional decisions.
• Export Control and Sanctions: You may not access or use the Services if you are located in, or a resident of, any country subject to United States embargo or sanctions, or if you are listed on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws and regulations.
• No Agency: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Hyperreal LLC.

15. Changes to These Terms

Hyperreal LLC may modify or update these Terms of Service from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means.

Where required by applicable law, we will obtain your affirmative consent to material changes. Otherwise, your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the revised Terms, except where prohibited by law.

16. Entire Agreement

These Terms, together with our Privacy Policy and Self Harm Policy, constitute the entire agreement between you and Hyperreal LLC regarding the Services.