PLEASE NOTE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES FOR USERS IN THE U.S. AND CERTAIN OTHER COUNTRIES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE "ARBITRATION AND CLASS WAIVER" SECTION. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Service

These Terms of Service are effective on January 1, 2024

Thanks for using KennerAI! These Terms of Service ("Terms") contain the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Please read the Terms carefully.

These Terms of Service (the "Terms") are a binding contract between you and HYPERREAL LLC as described below. You must agree to and accept all of the Terms, or you can't use the Services. By using the Services, whether by registering for an account, using our apps, making a purchase, or otherwise, you agree to be bound by these Terms, and our Privacy Policy. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.

Parties

Hyperreal LLC and its corporate affiliates:

User Requirements

Use of the Services by anyone under 18 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

You are not permitted to use the Services if:

You may be required to create an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself, including contact information. If you make any changes to your contact information, you must update us immediately at the address provided below. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

KennerAI may allow you to sign in using a social network account and its credentials. The settings on KennerAI and the social network may allow certain activity to be published.

Rules and Restrictions

You agree to use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, and all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren't authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You must notify Hyperreal LLC immediately of any unauthorized use of your password or any other breach of the security of your account. You are responsible for all activity associated with your account.

You must not create multiple accounts and you must not let others use your account.

When accessing or using the Service, you agree to:

When accessing or using the Services, you agree not to:

In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the foregoing is grounds for: suspension or termination of your right to access or use the Services.

Privacy

Our Privacy Policy provides information about how we collect, use, and disclose your personal information. By installing our apps, creating an account, viewing content, creating content, or otherwise using the Services, you acknowledge that we will collect, use, and disclose your personal information as described in our Privacy Policy.

You acknowledge and agree that Hyperreal LLC may access, preserve, and disclose your account or user information (if such information exists) as described in our Privacy Policy, including without limitation, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

Intellectual Property Rights

The Services, including without limitation, all content, media and materials, all Services software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Service Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by us and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Services Content and/or Marks for any other purposes without the prior written consent of the respective owners.

Content

User Content

Any content you post, upload, share, store, or provide through the Services is considered "User Content." This includes images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other materials. User Content may be viewable by other users, and by using the Services, you grant us certain rights over that User Content. You are solely responsible for your User Content, and you affirm/warrant that:

Content on the Services is provided "AS IS" for your information and personal use. You agree not to submit material that infringes on third-party rights, and you acknowledge that we may terminate the license granted for your User Content at any time. We do not endorse User Content and disclaim any liability associated with it.

AI Response Content

By interacting with the AI and receiving responses, you acknowledge and agree to the following terms and conditions ("AI Response Content"). AI Response Content includes any information, suggestions, recommendations, or other responses generated by the AI during your use of the Services. It is essential to understand the following:

Your use of the AI implies acceptance of these terms. If you do not agree with any part of the AI Response Content terms, you should refrain from using the services.

Copyright

We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. Please report potentially infringing content to hyperrealco@gmail.com

Responsibilities

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We cannot guarantee the identity of any user with whom you interact while using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Hyperreal LLC. When you access third party websites or use third-party services, you accept that there are risks in doing so, and that Hyperreal LLC is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Hyperreal LLC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Hyperreal LLC will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site, or between users and any third party, you agree that Hyperreal LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Seller, you release Hyperreal LLC, its officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Changes to the Services

We're always trying to improve the Services, so it may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Ending Our Relationship

You're free to stop using the Services at any time. Hyperreal LLC is also free to terminate, or suspend access to, your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Hyperreal LLC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your right to use the Services is terminated, these Terms will remain enforceable against you.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination:

Changes to Terms

We're constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will attempt to bring it to your attention by placing a notice on the Services, by sending you an email, or by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPPERREAL LLC, KennerAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SERVICE LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

KennerAI PROVIDES ITS SERVICES "AS IS" AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KennerAI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $0.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Hyperreal LLC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to: (a) your use of the Services, including without limitation, User Content, AI Responses, or any actions taken by a third party using your account; (b) your violation of these Terms; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Hyperreal LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hyperreal LLC in asserting any available defenses. This provision does not require you to indemnify Hyperreal LLC for any unconscionable commercial practice by Hyperreal LLC or for Hyperreal LLC's negligence, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services, including the purchase of any Products on the Services.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Hyperreal LLC and its affiliates, and its officers, agents, employees, and partners, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

General

Electronic Communications

You agree to receive communications from Hyperreal LLC electronically, such as emails, texts, mobile push notices, and notices and messages on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Hyperreal LLC provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."

Assignment

You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your Services account in any way (by operation of law or otherwise) without Hyperreal LLC's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Force Majeure

Hyperreal LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Choice of Law

These Terms and any dispute of any sort that might arise between you and Hyperreal LLC will be interpreted in accordance with and governed by the law of the State of Florida and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

Exclusive Venue

Any claim or dispute between you and Hyperreal LLC that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Boca Raton, Florida, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Palm Beach County, Florida.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Notice

Where Hyperreal LLC requires that you provide an email address, you are responsible for providing Hyperreal LLC with your most current email address. In the event that the last e-mail address you provided to Hyperreal LLC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Hyperreal LLC's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

Entire Agreement

These Terms and all policies posted through our Services set forth the entire understanding and agreement between you and Hyperreal LLC, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

Waiver

Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH HYPERREAL LLC AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND HYPERREAL LLC AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION KennerAI, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH KennerAI, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY: (A) FINAL AND BINDING, BILATERAL ARBITRATION, subject to the exceptions below; OR (B) IN A SMALL CLAIMS COURT. You and Hyperreal LLC agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a dispute is subject to arbitration.

Disputes

"Disputes" shall include, but are not limited to, any claims or controversies between you and Hyperreal LLC against each other related in any way to or arising out of in any way from the Services, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Hyperreal LLC, even if the claim arises after you or Hyperreal LLC has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) Hyperreal LLC brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Hyperreal LLC, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you assented to these Terms or out of a prior set of Terms with Hyperreal LLC; (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.

Binding Arbitration Process and Procedure

Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding, bilateral arbitration before one or more neutral arbitrators in accordance with the terms of this Arbitration Agreement. You understand that by this Arbitration Agreement, you are giving up the right to a jury trial. You may, in arbitration, seek any and all remedies otherwise available to you in a court.

Unless you and Hyperreal LLC agree otherwise, if the JAMS Consumer Arbitration Minimum Standards apply (the “Consumer Minimum Standards”), the arbitration shall be administered by JAMS and a hearing shall be held near or in the county in which you reside. For residents outside the United States and/or where the Consumer Minimum Standards do not apply, arbitration shall be initiated in Boca Raton, Florida. Hyperreal LLC and you further agree to submit to the personal jurisdiction of any state or federal court in Palm Beach County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Hyperreal LLC should be sent to Hyperreal LLC, 321 Oregon Lane, Boca Raton, FL 33487. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration.

If your or Hyperreal LLC’s claim is solely for monetary relief of US $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

Unless you and Hyperreal LLC agree otherwise:

JAMS’s rules are available at http://www.jamsadr.com or by calling JAMS at 800-352-5267.

The cost of arbitration shall be borne by the parties in accordance with the applicable JAMS Rules. To the extent permitted by law, an arbitrator may award costs and/or fees if the arbitrator finds the party’s claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Hyperreal LLC is specifically required to pay such fees under the JAMS Rules or applicable law.

If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern.

You or Hyperreal LLC may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Hyperreal LLC otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Hyperreal LLC with advance notice by email to hyperrealco@gmail.com and by mail to Hyperreal LLC, 7801 N Federal HWY BLDG 13-301, Boca Raton, FL 33487.

These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Hyperreal LLC on your behalf.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS.

Hyperreal LLC and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Hyperreal LLC and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

The arbitrator(s) cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise)

This Waiver of Class or Consolidated Actions section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Hyperreal LLC, or any employee, officer, director, or investor of Hyperreal LLC, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.

Authority of Arbitrator

The arbitrator(s), and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator(s) will decide the rights and liabilities, if any, of you and Hyperreal LLC. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator(s) shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including this Arbitration Agreement). The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator(s) shall follow the applicable law. The arbitrator(s) has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator(s) is final and binding upon you and us, subject to the JAMS Optional Arbitration Appeal Procedures if applicable.

Waiver of Jury Trial

YOU AND HYPERREAL LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hyperreal LLC are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on your individual claims the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to hyperrealco@gmail.com and to: Hyperreal LLC, Attn: Legal Department, RE: Opt-out Notice, 321 Oregon Lane, Boca Raton, FL 33487, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your KennerAI User ID (if any), the email address you used to set up your KennerAI account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. You can find your User ID in settings. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

Parents, Subsidiaries, Affiliates

This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Hyperreal LLC, or any employee, officer, director, or investor of Hyperreal LLC, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person's access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.

Changes to This Section

Hyperreal LLC will provide thirty(30) day' notice of any changes to this section by posting on KennerAI websites or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty(30) day after they are posted on the applicable website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section "WAIVER OF CLASS OR CONSOLIDATED ACTIONS" is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this section "ARBITRATION" shall be deemed null and void in its entirety.

Survival of Agreement

This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Hyperreal LLC.