These Pre-Order Terms ("Terms") are an agreement between you and Vibes Ai, Inc., a Delaware corporation doing business as Vibes AI ("Vibes AI," "we," "us" or "our"). Our mailing address is 28 Liberty Street, New York, NY 10005.

These Terms apply to pre-orders of VAIA subscription plans purchased on our website at https://getvibes.ai/ ("Pre-Orders"). They also explain how your Pre-Order connects to the App Store subscription you start when you redeem your offer code. App Store purchases and renewals are also governed by Apple's terms and refund process.

VAIA is a consumer NeuroWellness and Mind Care app. At launch, VAIA will be available on iPhone. We plan to offer an Android version later, but we have not set a date. An Android version is not part of your Pre-Order.

Your use of VAIA is also governed by our Terms of Use at https://getvibes.ai/termsofuse ("Terms of Use") and our Privacy Policy at https://getvibes.ai/privacypolicy. Our Refund & Cancellation Policy at https://getvibes.ai/refundpolicy ("Refund Policy") is part of these Terms.

If these Terms conflict with the Terms of Use on any matter related to your Pre-Order, including payment, refunds, cancellation, plan start, renewal, early-bird pricing, product changes, limitation of liability or dispute resolution, these Terms control.

Nothing in the Terms of Use reduces any refund, cancellation or notice right described in these Terms or the Refund Policy.

To place a Pre-Order, you must:

To use your plan, you will need a compatible iPhone running iOS 26 or later, an Apple Account that can download apps from the U.S. App Store, an internet connection, and a VAIA account. Some features, such as Readiness, use sleep and heart rate variability data and work only if you choose to share that data from Apple Health or a compatible wearable device.

VAIA is not offered outside the United States. If we learn that a Pre-Order does not meet Section 3.1, we may cancel it and give you a full refund.

You may hold one early-bird Pre-Order per person and per VAIA account. Pre-Orders, codes and early-bird pricing are personal to you. You may not sell or transfer them.

A Pre-Order is the advance purchase of the first billing period of a VAIA subscription plan: one month for monthly plans or one year for the annual plan. You pay us for that first period now. The period does not begin until your Service Start Date (Section 7).

When VAIA is available, we will email you a personal App Store offer code. Redeeming it starts your VAIA subscription in the App Store, with your first billing period at no charge from Apple because you have already paid us for it. After your first billing period, your subscription continues as an App Store subscription billed by Apple (Section 8).

A Pre-Order is not a deposit, reservation fee, donation, investment, gift card, stored-value product or lifetime license. It does not give you any ownership, equity, profit share or other interest in Vibes AI.

The features included in each plan are described in the plan summary shown at checkout and in your Order Confirmation email ("Plan Summary"). We keep a copy of the Plan Summary that applied to your order. The core features listed in that Plan Summary are the "Core Plan Features" for your plan.

Your Pre-Order covers your subscription plan only. It does not include extra readings, messages or Deep dives sold separately in the app through the App Store.

"Unlimited" everyday check-ins on the Pro plan means we do not cap ordinary personal use. We may limit automated, shared, resold or abusive use that is inconsistent with personal use.

The following early-bird plans are available for Pre-Order. All prices are in U.S. dollars.

We charge the full amount shown in the "Charged by Vibes AI today" column when you place your order. This is a one-time charge. We do not save your card for future charges, and we do not charge you any other amount.

Your payment is credited in full to your first billing period. Neither we nor Apple will charge you again for that period.

Your bank may take time to show the charge as final. A charge that is pending or declined does not complete your Pre-Order. Your order is complete only when we send your Order Confirmation email.

Applicable sales or use taxes, if any, are calculated from your billing address and shown at checkout before you pay. The total shown at checkout is the amount we charge.

By placing a Pre-Order, you authorize us and our payment processor, Stripe, to charge your payment method the total shown at checkout immediately.

We do not store your full card number. Stripe's handling of your payment information is subject to Stripe's terms and privacy policy.

Our charge will appear on your statement as "VIBES AI".

Charges for App Store renewals are made by Apple, under Apple's terms, to the payment method on your Apple Account. They appear on your statement as Apple charges.

These dates are separate, and each one matters:

Your first billing period does not begin on your Payment Date, the Public Launch date or the date we send your code.

Receiving an Order Confirmation, a code, or a launch announcement does not start your plan. A code that cannot be redeemed does not count as delivery.

Before your Activation Deadline, we will send at least two reminders to your order email address: one about 7 days and one about 2 days before the deadline. If you tell us before your Activation Deadline that you did not receive your Access Email, we will resend it and extend your Activation Deadline once, by 30 days from the resend date.

Your offer code stays valid until the expiration date shown in your Access Email, which will be at least 90 days after we send it. If you redeem after your Activation Deadline but before the code expires, you still receive your full first billing period from the date you redeem.

If your code expires before you redeem it, ask us within one year after your Access Email and we will send you a new code for the same plan.

If you never redeem your code, nothing renews. No App Store subscription exists until you redeem, so neither we nor Apple will charge you again.

When you redeem your code, you start an auto-renewable subscription in the App Store. Apple shows you the subscription terms, including the renewal price, before you confirm. Apple is the seller of App Store renewals.

Your App Store subscription renews automatically on your First Renewal Date, and then every month for monthly plans or every year for the annual plan, until you cancel. Apple charges each renewal at the prices described in Sections 5 and 9, plus any applicable tax.

You can cancel your App Store subscription at any time in your iPhone Settings (your name, then Subscriptions) or in the App Store. Cancel at least 24 hours before your renewal date to avoid the next charge. Your plan stays active until the end of the period already paid for.

For the annual plan, we will also email you a reminder of the upcoming renewal, the renewal price and how to cancel at least 15 and no more than 21 days before each annual renewal. Apple may send its own notices.

At least once each calendar year, we will email you a reminder of your plan, its price and how to cancel.

Early-bird pricing lasts for your first 12 months of paid service. For monthly plans, that is your prepaid first month plus your next 11 monthly App Store renewals. For the annual plan, that is your prepaid first year.

After your early-bird period ends, your plan renews at the standard price for your plan. The planned standard prices are $14.99 per month for Essential Monthly, $24.99 per month for Pro Monthly and $159.99 per year for Pro Annual.

We will not set your first renewal after the early-bird period above the planned standard price listed in Section 9.2. Any later price change will follow advance notice and any consent required by law or by Apple.

We will email you at least 15 and no more than 21 days before your first charge at the standard price. The email will state the new price, the date it applies and how to cancel.

Apple also notifies subscribers before a price increase. For some increases, Apple asks you to agree to the new price. If Apple asks you to agree and you do not, your subscription will end at the end of your current billing period and you will not be charged the higher price.

Early-bird pricing ends if you cancel your subscription, if it ends for non-payment, or if you switch to a different plan. If you switch plans, the then-current App Store price of the new plan applies.

Early-bird pricing is not a lifetime price.

January 7, 2027 is our current Estimated Launch Date. We base it on our current development and App Store review plans. Software releases and App Store review can take longer than planned.

If we determine that Plan Availability will not occur by January 7, 2027, we will email you within 5 business days after we make that determination, and no later than January 7, 2027. The email will give a revised estimated date and a direct link to cancel your Pre-Order for a full refund.

Until Plan Availability, we will send you an update at least every 30 days after a delay notice.

Outside Date. If we have not sent your Access Email by April 7, 2027 (the "Outside Date"), we will cancel your Pre-Order and refund your full payment, including any tax we charged. We will start the refund within 10 business days after the Outside Date. You do not need to ask. We may offer you the option to keep your Pre-Order past the Outside Date, but only if you affirmatively agree to a new date that we propose. If you do not agree, we will refund you.

You may cancel your Pre-Order for a full refund at any time before your Service Start Date, whether or not there has been a delay.

If we decide not to launch VAIA, or not to offer the plan you purchased, we will cancel your Pre-Order, tell you by email and refund your full payment within 10 business days.

After your payment succeeds, we will email an Order Confirmation to the email address you used at checkout. It will include your order number, plan, amount charged, the Plan Summary, a summary of these Terms and the Refund Policy, links to both documents, and a link to manage or cancel your Pre-Order.

We send your Access Email only on or after Plan Availability.

Your offer code is not sold separately. It is the discount that applies to your prepaid early-bird period in the App Store. Your code is personal to your Pre-Order. Keep it private. It has no cash value, cannot be exchanged for cash, and may be redeemed only once with a U.S. Apple Account. You redeem it by following the instructions in your Access Email, either in the VAIA app or in the App Store.

If you lose your code, contact us and we will help you verify your identity and resend or reissue it.

Apple decides whether an Apple Account is eligible to redeem an offer code. Redeem your code before buying any VAIA subscription in the app. If you already have an active VAIA App Store subscription, your code may not work. If your code cannot be redeemed before your Service Start Date, you may cancel your Pre-Order for a full refund.

To use your plan, you need a VAIA account. Sign in to VAIA with the same email address you used for your Pre-Order so we can link your Pre-Order to your account.

Your Pre-Order payment is handled by Vibes AI through Stripe. Your App Store subscription is handled by Apple. Each one has its own cancellation and refund process, described in Sections 13 to 15 and the Refund Policy.

You are responsible for activity on your account. Tell us promptly if you believe someone has used your account or code without permission.

You may cancel your Pre-Order at any time before your Service Start Date for a full refund from Vibes AI through Stripe, including any tax we charged.

You can cancel online with the "Cancel pre-order" link in your Order Confirmation email or at [CONFIRM: pre-order management URL], or by emailing us at customersupport@vibesbiowear.ai. If you cancel by email, we will process your request from your order email address or after we verify your identity.

When you cancel, we deactivate your offer code if we have issued it, and your early-bird seat and pricing end. If you order again later, the then-available offer applies.

We will start your refund within 5 business days after you cancel. The Refund Policy explains refund timing.

After your Service Start Date, you cancel your subscription through Apple, as described in Section 8.3. Canceling stops future App Store renewals. Your plan stays active until the end of your current billing period.

After your Service Start Date, your Pre-Order payment is not refundable, including for unused time or unused features, except as stated in Section 15, the Refund Policy, or where the law requires a refund.

Apple decides refund requests for App Store charges under its own policies. You can request one at https://reportaproblem.apple.com. We cannot issue refunds for App Store charges.

We may improve, update and change VAIA. We may change features that are not Core Plan Features at any time.

We will not remove or materially reduce a Core Plan Feature of your plan during a billing period you have already paid for, unless the change is required by law, by an app store or platform rule, for safety or security, or to fix a defect. If we make such a change, or if we materially reduce your Core Plan Features at any time, we will tell you, and you may cancel.

If any of the following happens during your prepaid first billing period, we will refund the unused part of your Pre-Order payment through Stripe:

For any period billed by Apple, Apple handles all refund requests, including for any of the events in Section 15.3. You can request one at https://reportaproblem.apple.com. If we stop offering VAIA, we will give at least 30 days' notice where reasonably possible.

If Plan Availability for your plan includes only some of the Core Plan Features, we may invite you to redeem early. We will tell you in writing which features are not yet available. Redeeming early is your choice. If you redeem, your Service Start Date occurs and Section 14 applies. If you choose to wait, your Pre-Order stays fully refundable until Plan Availability for your plan.

Early-bird pricing is limited to 10,000 paid seats across all plans combined. A seat is counted when your payment succeeds and your Pre-Order is confirmed.

If you cancel or receive a refund before your Service Start Date, we may make your seat available to someone else.

Any count of remaining seats we display reflects our records at that time. Once all seats are sold, early-bird Pre-Orders close.

The Free plan does not use a seat.

VAIA is a general wellness app. It is designed to support relaxation, focus, reflection and healthy daily routines. It is not a medical device and is not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition.

VAIA readings, including in-depth readings, and VAIA scores and insights are wellness information. They are not medical advice or a substitute for advice from a qualified health professional. Do not use VAIA to make medical decisions. Individual results vary.

If you are in crisis or think you may have a medical emergency, call 911. In the United States, you can call or text 988 to reach the 988 Suicide & Crisis Lifeline.

Except as expressly stated in these Terms and the Refund Policy, and to the fullest extent permitted by law, VAIA is provided "as is" and "as available."

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE ANY PARTICULAR WELLNESS, HEALTH OR COGNITIVE RESULT.

This Section does not limit the promises we make in these Terms about launch notices, the Outside Date, Plan Availability, Core Plan Features or refunds.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING FROM THESE TERMS OR YOUR PRE-ORDER.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM THESE TERMS OR YOUR PRE-ORDER IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR VAIA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) $100.

Sections 21.1 and 21.2 do not apply to, and do not reduce:

Nothing in these Terms limits your right to dispute a charge with your card issuer as permitted by law and card network rules, or to report a concern to a government agency.

Informal resolution first. If you have a dispute with us, please email legal@getvibes.ai with your name, order email address, a description of the dispute and the relief you want. We will try to resolve it within 30 days. Statutes of limitation and filing deadlines are paused during those 30 days. This step does not apply to small-claims cases or to requests for refunds owed under these Terms, which you can pursue directly.

Agreement to arbitrate. If we cannot resolve the dispute informally, you and Vibes AI agree to resolve any dispute arising from or relating to these Terms, your Pre-Order or your VAIA plan by binding individual arbitration, except as stated in Sections 22.3, 22.7 and 22.8. The Federal Arbitration Act governs this Section 22.

Small claims. Either party may bring an individual claim in small-claims court if it qualifies.

Rules and fees. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules in effect when the arbitration is filed, available at https://www.adr.org. If 25 or more similar demands are filed by or with the help of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules apply. We will pay all AAA administrative and arbitrator fees except the consumer filing fee assigned to you under the AAA Consumer Fee Schedule. We will reimburse that filing fee if the arbitrator rules in your favor on any claim. Hearings will be held by video or phone, or in person in the county where you live, as the arbitrator decides under the AAA rules.

Remedies. The arbitrator may award any individual relief, including statutory damages, attorneys' fees and costs, that a court could award on your individual claim.

No class arbitration. Arbitration will be conducted only on an individual basis. The arbitrator may not consolidate claims of different people or award relief to anyone other than the individual parties, except as the AAA Mass Arbitration Supplementary Rules permit for administration.

Public injunctive relief. If you seek public injunctive relief available under applicable law, that request will be decided by a court under Section 23 after the arbitration of all individual claims is complete. The court case on that request will be paused until then.

If parts of this Section are unenforceable. If a court decides that Section 22.6 is unenforceable as to any claim, that claim will proceed in court under Section 23 and not in arbitration. If any other part of this Section 22 is unenforceable, the rest remains in effect.

Opt-out. You may opt out of this Section 22 by emailing legal@getvibes.ai within 30 days after your Payment Date with your name, order email address and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you already opted out of arbitration under our Terms of Use, you do not need to opt out again.

Who decides. A court decides questions about whether Sections 22.6, 22.7 or 22.8 apply or are enforceable. The arbitrator decides all other questions about the scope or enforceability of this Section 22.

New York law governs these Terms, without regard to its conflict of law rules. This choice does not remove any protection that you have under the consumer protection laws of the state where you live that cannot be waived by agreement.

Any claim not subject to arbitration will be brought in the state or federal courts located in New York County, New York, unless the law of your state of residence gives you the right to bring it where you live.

We may update these Terms for future Pre-Orders by posting a new version with a new Effective Date.

A change to these Terms will not apply to your existing Pre-Order or to any billing period you have already paid for unless (a) the change benefits you, (b) the change is required by law, or (c) you agree to it. A material change to your plan, price or renewal terms will apply only after advance notice and any consent required by law.

If we make a material change to Section 22, it will not apply to any dispute you have already notified us about.

You agree that we may send you notices about your Pre-Order and plan by email to your order email address. You can request a free copy of these Terms and your order records by emailing us. You may update your email address in your account or by contacting us. Notices may also appear in the app.

You can view and save these Terms, the Refund Policy and your Order Confirmation using a standard web browser or email app. We keep a record of the version of these Terms you accepted.

Marketing emails are separate. We send them only if you choose to receive them, and you can unsubscribe at any time. Unsubscribing from marketing does not stop service emails about your Pre-Order, renewals or refunds.

If any provision of these Terms is found unenforceable, the rest of these Terms remain in effect, except as Section 22.8 provides.

You may not assign your Pre-Order or these Terms. We may assign these Terms in connection with a merger, acquisition or sale of assets, and the assignee will honor your Pre-Order and refund rights.

Neither party is responsible for a delay caused by events beyond its reasonable control, such as natural disasters, widespread internet outages or government action. This Section does not extend the Outside Date or reduce any refund we owe you.

Our failure to enforce a provision is not a waiver.