PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

Hyperdeck Co., a Delaware corporation ("Hyperdeck" "us" or "we") owns and operates this website and any other web services or products offered by Hyperdeck now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, viewing this website, or any of its products or services (defined below), (collectively, the "Site"), you hereby consent and agree to these terms and conditions ("Terms of Use"). The Terms of Use and Privacy Policy (please see here) (collectively, the "Terms") govern your use of the Site, and other free materials and resources provided by the Site, and any other services or products we make available on this Site (collectively, the "Services"). These Terms constitute a legally binding agreement made by and between Hyperdeck and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, "you").

BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately.

If you have any questions about these Terms, please contact us by email at support@hyperdeck.app.

If you access any Hyperdeck Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.

CONTENT YOU CREATE

Ownership of Work Product

As between you and Hyperdeck, any content, materials, or work product that you generate through your use of the Site (collectively, "Work Product") shall be owned by you. However, due to the nature of artificial intelligence and machine-generated outputs, Hyperdeck does not and cannot guarantee that the Work Product will be entirely original or free from third-party rights, and expressly disclaims any warranties of non-infringement.

You are solely responsible for reviewing, vetting, and ensuring the Work Product's legality, accuracy, and suitability for your intended use, including compliance with applicable intellectual property laws and third-party rights.

Limited License to Hyperdeck

By using the Site, you grant Hyperdeck a non-exclusive, royalty-free, worldwide license to use your Work Product internally for the limited purpose of operating, analyzing, and improving the platform and its underlying models and services. Hyperdeck will not publicly display, publish, or otherwise share your Work Product without your advance written consent.

Indemnification

You agree to indemnify, defend, and hold harmless Hyperdeck and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of the Site and generation of Work Product;
• your reliance on or publication of the Work Product; or
• any claim that the Work Product infringes, misappropriates, or otherwise violates the rights of a third party.

Artificial Intelligence Terms

Hyperdeck is a platform that leverages generative artificial intelligence services (the "AI Systems") to create images and other output ("Output") based on textual prompts and other input from users (collectively, "Input"). By using the Services, you acknowledge and agree that:

• certain Output may be generated by the AI Systems through the use of artificial intelligence;
• artificial intelligence and machine learning are rapidly evolving fields of study that carry certain risks, including factually untrue outputs, biased outputs, data security vulnerabilities, intellectual property infringement, privacy risks, and additional license terms;
• use of the Services may in some situations result in incorrect or inaccurate Output;
• you should not rely on Output from the Services as a sole source of truth or factual information, or as a substitute for professional advice;
• you must verify the accuracy and appropriateness of any Output before relying on such Output;
• relying upon any Output without first verifying accuracy with a qualified human could cause harm, including but not limited to legal, financial, and physical harm; and
• due to the nature of our Services and artificial intelligence generally, the Output may not be unique, and you have no rights to materials generated by the Services for other users, regardless of any level of similarity.

Hyperdeck cannot control, and has no duty to take any action regarding, how you may interpret, rely on, or use any Output or what actions you may take as a result of having been exposed to Output. You hereby release Hyperdeck from all liability for your having acquired or not acquired Output through the Services.

The AI Systems may include certain artificial intelligence or machine learning modules owned and operated by third parties and made available via the Services (the "Third-Party AI Systems"). You acknowledge and agree that the Third-Party AI Systems comprise generative AI systems trained by a third party (and not by Hyperdeck) on data from various sources ("Training Data") and that may produce similar responses to similar prompts or queries. Hyperdeck makes no representations or warranties regarding the Output based on Training Data, including any ownership thereof.

You understand and agree that you are solely responsible for all of your Inputs, and Hyperdeck does not make any guarantees about the accuracy, timeliness, suitability, or quality of any Output, including whether such Output meets your individual requirements. Your use of the Output is at your sole responsibility, and neither Hyperdeck nor any Third-Party AI Systems provider will be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, in connection with the use of the Inputs or Outputs.

You agree to:

• comply with all reasonable instructions of Hyperdeck relating to the use of the AI Systems;
• comply with all applicable laws relating to your use of the AI Systems and not use the AI Systems for any unlawful purposes;
• actively cooperate with Hyperdeck to resolve any problems that occur in relation to your access to or use of the AI Systems, including without limitation providing any information and assistance that Hyperdeck may reasonably require; and
• use the AI Systems responsibly and ethically at all times.

CONTENT ON THE SITE

Intellectual Property Rights

You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by Hyperdeck, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the "Content"). All trademarks, service marks, and trade names (collectively, the "Marks") are trademarks or registered trademarks of and are proprietary to Hyperdeck or other respective owners that have granted Hyperdeck the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Hyperdeck reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Hyperdeck, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

Third-Party Content

Our Site contains Content that we create and may also include Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent inaccuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Hyperdeck is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.

Third-Party Services

Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party's terms of service and/or privacy policy to use the service. Hyperdeck will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys' fees) that you may incur arising from or related to such third party's services or products.

YOUR CONDUCT ON THE SITE

Eligibility

To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party's acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.

Account Information

If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or any acts or omissions that may cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with Hyperdeck and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Hyperdeck.

Feedback

If you send comments or suggestions about the Site to Hyperdeck, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Hyperdeck. No submission shall be subject to any obligation of confidence on the part of Hyperdeck. Hyperdeck shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Prohibited Conduct

You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Hyperdeck, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Hyperdeck or any other person or entity;
• Use the Service or Site or Products commercially;
• Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site or Products (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
• Interfere with or damage the Services, Site, Products, or underlying any technology;
• Impersonate or misrepresent your identity or affiliation;
• Attempt to obtain unauthorized access to the Services or Site;
• Violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms;
• Violate any law, rule, or regulation;
• Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
• Engage in any illegal activities.

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.

PRIVACY POLICY

All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Hyperdeck's privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy here.

DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY

Infringement Notification

Hyperdeck respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification

If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to:

Email Address: support@hyperdeck.app

Send such notice with the information that sets forth the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Hyperdeck to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say "entire work" ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material's copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: "I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
• If true, include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."
• Sign the document, physically or electronically.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys' fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Hyperdeck may terminate access to the user's account.

COMMITMENT TO ACCESSIBILITY

HyperDeck is committed to making our website and services accessible and usable for all people, including individuals with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and are continuously working to improve accessibility.

Accessibility Features

Our website and platform are intended to include the following accessibility measures:

• Keyboard Navigation & Shortcuts: Full navigation and interaction via keyboard (tab, arrow keys, enter, escape, etc.), logical focus order with visual indicators, and customizable keyboard shortcuts.
• Screen Reader Compatibility: Use of semantic HTML and ARIA roles/labels, text descriptions for visual elements, and announcements for live updates such as new comments or collaborator actions.
• Color Contrast & Customization: Minimum 4.5:1 contrast ratio for text and UI elements, customizable colors or high-contrast modes, and use of patterns or labels in addition to color to convey information.
• Zoom & Text Resizing: Pinch or scroll zoom support on canvas and UI, OS-level text scaling compatibility, and clarity of UI elements at all zoom levels.
• Voice Input Compatibility: Usability with voice control software, using predictable label-based commands for tool functions.
• Captions, Alt Text, and Media Descriptions: Captions for recorded video content, alt text for images, diagrams, and charts, and ability to attach notes or metadata to canvas objects.
• Collaboration Inclusivity: Indicators for real-time collaborator actions that do not rely solely on visual cues, text-based chat alongside audio/video options, and asynchronous collaboration features such as comment threads with timestamps.
• Cognitive Accessibility: Clean and consistent UI with reduced visual clutter, simplified onboarding and tutorials, and options to turn off animations or transitions.
• Mobile & Tablet Accessibility: While our platform is not currently optimized for mobile or tablet use, we aim to incorporate accessibility best practices for touch interfaces should these become supported in the future, including screen reader compatibility, adequate tap target sizing, and adaptive layouts.

Feedback and Support

We welcome your feedback on the accessibility of our website and services. If you encounter any barriers or have suggestions for improvement, please contact us at support@hyperdeck.app. We will do our best to address your concerns promptly.

Legal Compliance

We strive to ensure our platform remains compliant with applicable accessibility laws, including the Americans with Disabilities Act (ADA) and relevant international standards. We also provide VPAT (Voluntary Product Accessibility Template) documentation upon request for procurement purposes.

TERMS OF SALE FOR PRODUCTS AND/OR SERVICES

Products and/or Services

Through the Site, certain products, subscriptions, memberships or other services may be offered for purchase, all of which are referred to as the "Products and/or Services". The fees for such Products and/or Services are as listed on the Site. All fees are due at the time of booking the Products and/or Services unless otherwise indicated on the Site, and Hyperdeck will have no obligation to provide Products and/or Services until such fees are paid. All Products and/or Services are subject to these Terms of Use.

Products and/or Services Descriptions

We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Availability and Pricing

Hyperdeck reserves the right to change the prices and available Products and/or Services at any time. Quantities of some Products and/or Services may be limited and availability cannot always be guaranteed. Products and/or Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Purchasing Products and Services

The display of Products and/or Services on the Site invites you to make an offer to purchase the Products and/or Services. Your order is an offer to buy the Products and/or Services, which we accept only by providing the Products and/or Services or confirming your request for Products and/or Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.

Orders

We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.

Returns

We do not allow returns or substitutions of Products and/or Services. All sales are final.

Payment

You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Products and/or Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Products and/or Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Hypercoins; Booster Packs; No Refunds

Certain features of the Services require the use of virtual tokens referred to as "Hypercoins." Hypercoins are digital credits that permit a user to generate content within the platform and apply a usage cap based on the number of Hypercoins available in the user's account. Hypercoins may be included as part of a subscription plan or purchased separately in the form of one-time "Booster Packs."

Booster Packs provide a one-time allotment of additional Hypercoins for a separate fee. Hypercoins have no cash value, are non-transferable, and may only be used within the Services.

All purchases of Hypercoins and Booster Packs are final. Hypercoins (whether included with a subscription or purchased through a Booster Pack) are non-refundable and non-redeemable for cash or credit, in whole or in part, under any circumstances, including but not limited to account suspension, account termination (whether by you or by Hyperdeck), downgrade of subscription, or discontinuation of the Services.

Upon termination or cancellation of your account for any reason, any unused Hypercoins will be forfeited without refund.

Taxes

Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Personal Use Only

Products and/or Services are for your personal use only. You agree not sell or resell any Products and/or Services you purchase.

No Harassment

You agree to treat Hyperdeck and its principals, employees, and contractors in a professional capacity at all times, and Hyperdeck reserves the right to suspend and terminate Services to you at any time without refund in the event Hyperdeck feels unsafe or uncomfortable in any way.

Questions?

If you have questions, please contact us at:
Hyperdeck
support@hyperdeck.app

SUPPORT; NO SERVICE LEVEL COMMITMENT

Hyperdeck may offer limited customer support via email at support@hyperdeck.app during standard business hours (generally Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Time), excluding holidays.

Support is provided on a reasonable efforts basis only. We strive to respond within one (1) business day, but response times are not guaranteed and may vary based on volume and complexity of inquiries.

Hyperdeck does not guarantee resolution of any particular issue and is not obligated to provide technical troubleshooting, custom development, integration assistance, legal advice, or individualized consulting services unless separately agreed in writing. We reserve the right to modify, limit, or discontinue support at any time without notice.

DISPUTES

Subject to applicable law, you and Hyperdeck agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Hyperdeck in any way will be resolved in accordance with the provisions set forth in this Section.

Informal Resolution

If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@hyperdeck.app, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

Arbitration

These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Award

For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Hyperdeck user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Exceptions

There are only two exceptions to this arbitration agreement:

First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Hyperdeck will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Hyperdeck is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Hyperdeck prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Hyperdeck. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Hyperdeck must be resolved exclusively by a state or federal court located in New Castle Delaware. You and Hyperdeck agree to submit to the personal jurisdiction of the courts located within New Castle Delaware for the purpose of litigating all such claims or disputes.

OPT-OUT

IF YOU ARE A NEW HYPERDECK USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO support@hyperdeck.app ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW HYPERDECK USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Procedure

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver's license which matches the name on your account to: support@hyperdeck.app. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

WAIVER

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Hyperdeck and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors ("Hyperdeck Party," or collectively, the "Hyperdeck Parties") harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Hyperdeck Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Hyperdeck or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.

WARRANTIES & DISCLAIMERS

Service Outages and Force Majeure

Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Hyperdeck or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Hyperdeck may not disclaim under law.

USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. HYPERDECK ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT HYPERDECK MAY NOT DISCLAIM UNDER APPLICABLE LAW.

NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS

HYPERDECK DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND HYPERDECK 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. HYPERDECK WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NEW JERSEY RESIDENTS

TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

LIMITATION OF LIABILITY

NO CONSEQUENTIAL DAMAGES

IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL HYPERDECK, AND HYPERDECK PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF HYPERDECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT HYPERDECK MAY NOT EXCLUDE UNDER APPLICABLE LAW.

OUR LIABILITY IS LIMITED

IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT HYPERDECK MAY NOT EXCLUDE UNDER APPLICABLE LAW.

NEW JERSEY RESIDENTS

TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

TERMINATION & SURVIVAL

Term

These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.

Suspension and Termination

We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.

Survival

If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.

GENERAL TERMS

No Waiver; Severability

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Law

These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in New Castle Delaware if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Headings

The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.

Notice

You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:
support@hyperdeck.app

Entire Agreement

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Hyperdeck and govern your use of the Site and Services and supersede any prior agreements between you and Hyperdeck on the subject matter. You may also be subject to additional terms when you use certain Hyperdeck third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Hyperdeck without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Hyperdeck. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

Notice to California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to Users Outside the United States of America

The Site is controlled and offered by Hyperdeck from the United States of America. Hyperdeck makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.