VIBE SOFTWARE SOLUTIONS INC.

General License Terms

Last updated July 2026

This Agreement defines the rights, obligations and conditions applicable to software, software updates and services provided by Vibe Software Solutions, Inc. (hereinafter “Vibe”). You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms together create this agreement that applies to you.

By accepting this Agreement, using the software or services, or downloading Vibe software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software, services or features.

I. General Provisions

1. Scope. This Agreement applies to Vibe software and services offered for purchase and download by the Company, and also any Vibe updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Vibe apps developed by Vibe that provide functionality such as mail, contacts, music, and photos that are included with Vibe, unless other terms apply. If this Agreement contains terms regarding a feature or service not available on your device, those terms do not apply. Additional Vibe and third-party terms may apply to your use of certain features, services and software or apps.
   1. Non-Commercial Use. Unless stated otherwise under a separate agreement or addendum to this license for the software, Vibe software and services are licensed for personal, non-commercial use.
   2. No Unlawful Use. Many Vibe software products incorporate artificial intelligence models and agents, which are powerful tools that can be utilized for good and nefarious purposes. Vibe reserves the right to revoke any license to use its software at any time upon learning you utilized it to break any applicable law, regulation or ordinance. You agree not to use software or services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2. Installation and Use Rights. Vibe software is licensed as opposed to sold. This Agreement permits you to install and/or run one instance of the software and utilize accompanying services, if applicable, on your device, for use by one person at a time, so long as you comply with the terms and restrictions contained herein. No license is granted for Vibe software or services obtained from non-genuine sources, nor is a license acquired by updating or upgrading from non-genuine software. Device for the purposes of this Agreement means a local physical or virtual hardware system, including a blade server or partition, with a storage mechanism capable of running the software, but does not include any hardware used to access the software on separate local hardware remotely over a network.
3. Reservation of Rights. Vibe reserves all rights (including but not limited to intellectual property rights) not expressly granted herein to you. This includes but is not limited to using or virtualizing features of the software separately, publishing, copying (other than backup permitted by this Agreement), renting, leasing, or lending the software. You may transfer this software pursuant to terms below, but are otherwise restricted from doing so. You may not reverse engineer, decompile or disassemble the software unless permitted by applicable law or unless the software utilizes open sources and only to the extent permitted by those open sources on the open source components of the software. You expressly may not distill Vibe AI components for commercial use unless otherwise permitted by any accompanying addendum to your software.
4. Multiple Connections. This license permits the use of the software by one natural person on one device at a time. If you intend to have multiple users, for example if you are a corporation seeking to migrate all users to Vibe software, you will need a license for each person who will utilize the software or for each device that will be used.
5. Backups. You may make copies of the software for backup purposes and use that backup to restore or transfer to a single new device. Your license for any prior device, however, will then expire unless you transfer the software back to the original device and deactivate it on any other device.
6. Privacy; Consent to Use of Data. Vibe only uses data necessary to enforce its license and that you consent to send the company. By default, the vast majority of features will be shut off, but the software may occasionally request access, particularly in the event of crashes. The user interface will generally display instances where data will be utilized or requested.
7. Transfer. You may transfer the software (or software you acquired or upgraded) to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.
8. Authorized Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software may automatically contact Vibe or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation.
9. HYVE one-time activation contact. In plain terms: HYVE Ether OS verifies your product key on your own device and, at first-boot activation only, contacts HYVE to register your license — transmitting only your product key, a non-reversible machine identifier, and the software edition and version. This is the only network connection the operating system makes automatically (not triggered by a feature you choose to use); the server records the time it receives the request. If this machine is offline at activation, it retries this one registration on later boots until it succeeds once, then stops. It sends no usage, browsing, file, location, or telemetry data at any time.
10. Updates. Vibe does not push updates to you. Where applicable, it may alert you that updates are available, but the software will not download or install updates without your authorization.
11. Beta Access. From time to time, Vibe software may be offered in its beta version (a “Beta”). Betas are not full commercial launches and are not guaranteed to work properly — and may make other parts of your system not work properly as well. For any license granted under this Agreement pertaining to beta releases, you acknowledge, agree and accept the following.
    1. As Vibe updates Beta releases, various functions, tools and systems may be updated, modified, or removed for any reason at any time.
    2. We may terminate the Beta at any time, which may render your current version inoperable or unable to function properly. If you have purchased early Beta access for a particular that is subsequently commercially released in full, you will be permitted to upgrade to that version pursuant to the terms of the commercial release and any beta access agreement. There is no guarantee that any software will be subsequently commercially released.
12. Hardware. Certain Vibe software may only be supported on certain hardware. Vibe makes no guarantees that the software will work on your hardware or that it will be supported by Vibe unless stated otherwise on the documentation provided with that Software.

II. Warranty and Disclaimer

1. Limited Warranty/Disclaimer. Except in beta or other software released for testing or early access, Vibe software warrants that properly licensed software will perform substantially as described in any accompanying Vibe materials accompanying the software. The limited warranty period begins upon acquiring the software from Vibe of an affiliate and extends 90 days from that date. Vibe gives no express warranties, guarantees or conditions or than those contained herein. Vibe excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement, unless local law prohibits the exclusion of implied warranties. In the event local law prohibits implied warranty exclusion, then Vibe limits those implied warranties to the extent permitted by law. If your local law requires a longer limited warranty term, then the required local law time period applies, but your remedies are still restricted to those dictated herein.
2. Limited Remedy. If Vibe or its affiliates breach the limited warranty herein, Vibe has the option of (a) repairing or replacing the software or (b) refunding the amount paid, if any. These are your only remedies for breach of warranty, unless required otherwise by law.
3. Damages. Except for any repair, replacement, or refund that Vibe may provide, you may not under this limited warranty, under any other part of this agreement, or under any theory, recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement, or a refund does not fully compensate you for any losses, if Vibe, or the device manufacturer or installer, knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, and to the extent prohibited by law these limitations may not apply to you. Vibe expressly limits all such damages to the extent allowable by local law applicable to you.

III. Binding Arbitration

1. Arbitration. You (and Vibe) agree to try for 60 days from receiving a Notice of Dispute to resolve it informally. If the parties cannot reach a resolution, you and Vibe agree to binding individual arbitration before the American Arbitration Association pursuant to Consumer Arbitration Rules, and not to bring suit in court. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the Federal Arbitration Act. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. Class action lawsuits, class-wide arbitrations, private attorney-general actions, request for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. You or Vibe may still bring an action through a federal, state or local agency if applicable. You or Vibe must file suit in court to address intellectual property rights infringement claims. Nothing herein bars any party from bringing issues to the attention of federal, state, or local agencies. You agree to arbitrate telephonically or through electronic conference means (like Zoom).
2. Notice of Dispute. To send a Notice of Dispute, send a written notice of the dispute by U.S. Mail to:
   Vibe Software Solutions, Inc.
   Legal Department - Arbitration
   c/o REPUBLIC REGISTERED AGENT LLC
   8 The Green, Ste A,
   Dover DE, 19901
   The notice has to include, if available: (a) the name of the person making the claim, (b) the type of Software, product or service, as applicable, (c) the serial number or product key, (d) a description of the nature and basis of the claim, (f) the result that is desired (e.g., an amount of money).
3. Fees. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

IV. Miscellaneous

1. Internet Usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement.
2. Additional Terms. Vibe software, products and services may include additional terms to be incorporated with this agreement.
3. Entire Agreement. This agreement (together with other terms accompanying any software supplements, updates, and services), and the terms contained in web links listed in those documents, are the entire agreement for the software and any such supplements, updates, and services.
4. Severability. If any part of this Section is found enforceable, after all appeals are exhausted, you and Vibe agree to arbitrate all claims and/or remedies subject to arbitration before litigating any remaining claims or remedies.
5. Governing Law. The laws of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this Agreement, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.
6. Regional Rights. You may have other legal rights under your state. This Agreement does not alter those rights if your state does not permit it to do so.
7. Reservation of Right to Modify. Vibe will from time to time update this policy and you agree to allow Vibe to modify these terms without notice, unless otherwise prohibited by law. If you do not consent to any changes, do not continue to use Vibe software or services.

VIBE SOFTWARE SOLUTIONS INC. · LICENSE TERMS

Ether OS Early Access Beta Program — Additional Terms

Last updated July 2026

Ether OS is being released in an early access beta format. This is not yet commercially available software. LIKE ALL BETAS, IT IS FULLY POSSIBLE THAT ETHER WILL NEVER BE COMMERCIALLY RELEASED.

This is an agreement between you (“you” or “your”) and Vibe Software Solutions, Inc. (“Vibe,” “we,” “us,” or “our”). The terms and conditions of this agreement (“Agreement”) apply to your participation in Vibe’s beta and early access program (the “Beta Early Access Program”). By purchasing, installing or participating in the Ether OS Beta Early Access Program during the Early Access Period, you acknowledge that your use is pursuant to Section I.10 of the Vibe’s General License Terms, and that the software may be subject to change. If Ether OS is released as a commercial release and you paid for access via this program, you will receive the updated commercial version for free due to your early access purchase, and you may continue to use the version you have if Ether OS is not subsequently released, subject to the General License Terms and these terms. If you do not accept the terms contained herein, do not participate in the Beta Early Access Program or access or use the software.

The Beta Early Access Program is not available outside of the United States. By participating in it, you represent that you reside in the United States or your principal place of business is within the United States and you are an adult. If you are unable to make the above representations, you may not use the Beta Early Access Features or participate in the program. The Early Access Period begins July 24, 2026 and will run until Vibe releases a full commercial version or cancels the project.

Statement of Intent — Collaborators, Not Customers

Vibe is an upstart company, seeking to put the power of AI in the hands of the people. We are competing against tech giants with billions of dollars and armies of employees. The purpose of the Beta Early Access Program is to give the people we’re trying to empower with AI tools the chance to help make our software work better for everyone. Vibe was cobbled together on dreams and grit. We can’t offer it for free, because we are a startup. But we can put tools in your hands faster, and we will seek to use your input to make it better. Vibe will not sell your data or your feedback. You are not the product. You are not data to us. By participating in the Beta Early Access Program, you are a collaborator. By purchasing access, you are a collaborator and supporter.

Early Access Terms

1. Bugs Expected. Beta Early Access features may not work correctly or to the expectations of a full commercial release, and will be subject to interruptions, bugs, downtime and loss of features, which may change at any time.
2. Possible Data Loss. Updates may be provided from time to time and such updates may result in the deletion of user data or changing of the functionality of the Beta Early Access Features.
3. User Feedback. Your feedback about any issues helps ensure a solid feature at release time.
4. Assumption of Risk. It is your sole responsibility to determine whether to use Beta Early Access software and you assume all risks associated with using the software, including but not limited to risks and costs of program errors, compliance with applicable laws, damage to or loss of programs or equipment, and unavailability or interruption of operations.
5. General License Terms Apply. This is not a commercial release and does not vary the Vibe General License Terms regarding commercial use. We may periodically release unannounced fixes or improvements to the software.
6. Early Access May Terminate. We may discontinue the Program at any time and may never make the features generally available.
7. Terms Subject to Change. Vibe from time to time may update ANY terms to this agreement.
8. Data. You bear sole responsibility for any and all data provided to us through your access to or use of the Beta software programs or services you use in connection with your access to or use of the software, including without limitation taking the steps necessary to back up such data, software programs or services.
9. Prohibitions. Except as may be expressly permitted by applicable law, you will not, and will not permit any third parties to:
   1. Sell, rent, lease, or, except as expressly permitted in this agreement, license, sublicense, distribute, or otherwise permit third parties to access or use the Beta Early Access software;
   2. Attempt to probe, scan or test the vulnerability of a network or system, breach security or authentication measures, or gain unauthorized access to any service, system or network;
   3. Upload or provide for processing, or use the software to store, display or transmit, any information or material that is illegal, defamatory, offensive, abusive, obscene, or tortious, or that violates privacy or intellectual property rights;
   4. Use the software to harm, threaten, or harass another person or organization or in any way that violates applicable laws or regulations;
   5. Use the software to create, send, store, run, or distribute any viruses, worms, Trojan horses, or other disabling code, malware component, or code or program harmful to a network or system that (1) you do not own and (2) would otherwise violate the terms of any law or other Agreement you are subject to;
   6. Copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the software or any feature or function thereof;
   7. Access the software for the purpose of monitoring availability, performance or functionality or for any benchmarking or other competitive purpose; or
   8. Alter or remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part of the software.
10. Communications. You are solely responsible for your conduct (including by and between all users) and all communications with others while using the software.
11. Voluntary Participation. You acknowledge that your participation in the program is voluntary and you may choose not to utilize the software. Vibe has no obligation to provide any feature or service associated with the software and your participation may be revoked at any time in Vibe’s discretion.
12. Access Discretion. Vibe reserves the right to offer both paid access to the Beta Early Access Program and free keys to select users in its sole discretion.
13. No Guaranteed Support. Vibe is under no obligation to provide support for the beta software.
14. Feedback. You agree to provide feedback regarding your use of the software, which may include submitting bug reports, questionnaires, enhancement requests, issue reports, or other information related to the beta software. You grant us a perpetual, royalty-free, irrevocable, worldwide license to use, incorporate, sublicense, distribute, create derivative works from, and otherwise exploit such feedback without restriction. We agree not to sell this data to third parties and only use it for improvement of Vibe software, products and services.
15. Acknowledgments. You acknowledge and agree that, in our sole discretion:
    1. Change features of the software at any time;
    2. That the beta software may differ significantly from the software made generally available in the future;
    3. The software may be discontinued at any time;
    4. That Vibe may never release a future commercial version or make these features generally available; and
    5. That if you paid money for access to the Program that you are not entitled to a refund.
16. Effective Date. This agreement is effective on the date you first agree to it, and shall terminate upon full commercial release or termination of the project.
17. Cancellation. If Vibe suspends, terminates or cancels your Access for violation of terms, you must stop using the software. The termination of this agreement will not affect those provisions which by their nature are intended to survive termination, including but not limited to provisions relating to limitation of liability, and any other rights or obligations that expressly or by implication survive termination. Upon any termination of this agreement, all other rights granted to you by this agreement will terminate immediately.
18. Continued Use. If Vibe does terminate the project and you have complied with the terms herein, you may continue to use the software pursuant to the General Use Terms, but you acknowledge that Vibe is under no obligation to provide support. The termination of this agreement will not affect those provisions which by their nature are intended to survive termination, including but not limited to provisions relating to limitation of liability, and any other rights or obligations that expressly or by implication survive termination. Upon any termination of this agreement, all other rights granted to you by this agreement will terminate immediately.
19. NO WARRANTY. THE SOFTWARE PROVIDED IN THE BETA EARLY ACCESS PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND WE WILL HAVE NO DEFENSE OR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SOFTWARE AND NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE.
20. Severability. If any part of this agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this agreement will remain in full force and effect.

Contact

Questions about these terms: majixx@vibesoftwaresolutions.com.