LEGAL · TERMS OF SERVICE
Terms of Service
1. Acceptance
By purchasing founding access, downloading, installing, or using HYVE Ether OS ("the Software") or by using the website at www.hyveether.com ("the Site"), you agree to these Terms of Service. If you do not agree, do not purchase, install, or use the Software or the Site.
2. The Offer — Founding Access
Founding access is a one-time payment of $499 that grants the purchaser a perpetual, non-transferable license to use HYVE Ether OS for personal or internal business use. Founding access closes on October 1, 2026. From that date through December 31, 2026, no new licenses are sold. Public launch on January 1, 2027 sets the license price at $999.99. Your founding price is locked for the lifetime of your license; no future price increase will be applied retroactively.
3. License Grant
Subject to your payment and continuing compliance with these terms, Vibe Software Solutions grants you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software on personal hardware you own or operate. You may not redistribute, resell, sublicense, or commercially exploit the Software outside of the explicit marketplace mechanisms provided through HYVE Nexus. You may not remove or obscure any copyright, trademark, patent-pending, or other proprietary notices.
4. Beta Software Disclaimer
HYVE Ether OS is currently in pre-release beta. Beta access begins October 1, 2026. The Software is provided AS IS and WITH ALL FAULTS. You acknowledge that beta software may contain defects, may lose data, may fail to perform as documented, and is not suitable for safety-critical, life-critical, or regulated environments unless and until you have independently certified its suitability for your use case.
5. Intellectual Property
All rights, title, and interest in the Software and the Site, including all patents (granted and pending), copyrights, trademarks, trade secrets, and other intellectual property rights, remain with Vibe Software Solutions and its inventor Anthony S. Owens. The full list of patent-pending technologies is published at /patents.
6. Acceptable Use
You agree not to use the Software or the Site to: (a) violate any applicable law; (b) develop, deploy, or operate weapons systems, mass-surveillance infrastructure, or systems designed to deny civic or human rights; (c) attempt to reverse-engineer, decompile, or extract the cryptographic keying material of the Software outside of the documented extension points; (d) impersonate Vibe Software Solutions or another user; (e) abuse the marketplace, federation, or relay endpoints with automated traffic outside their documented quotas.
7. Feedback License
If you choose to provide feedback, bug reports, feature requests, or suggestions about the Software (collectively, "Feedback"), you grant Vibe Software Solutions a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and incorporate that Feedback into the Software or any other product without obligation, attribution, or compensation to you. Providing Feedback is voluntary, and you represent that you have the right to share any Feedback you submit.
8. No Refunds
Founding access purchases are final and non-refundable under any circumstances. By completing checkout you acknowledge this policy explicitly. The full refund policy is at /legal/refund.
9. Privacy
Use of the Site and the Software is also governed by our Privacy Policy at /legal/privacy.
10. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIBE SOFTWARE SOLUTIONS, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF VIBE SOFTWARE SOLUTIONS TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR FOUNDING ACCESS.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Vibe Software Solutions, its inventor, affiliates, officers, employees, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software or the Site; (b) your violation of these terms or any applicable law; (c) your breach of the Acceptable Use restrictions in Section 6; or (d) any content, data, or systems you create, operate, or distribute using the Software.
13. Termination
These terms remain in effect until terminated. Your license terminates automatically if you breach any term. Upon termination, you must cease all use of the Software and destroy all copies in your possession.
14. Changes to Terms
Vibe Software Solutions may revise these terms at any time. Material changes will be posted to this page with an updated effective date and, where commercially reasonable, communicated to founding members by email. Continued use after changes constitutes acceptance.
15. Governing Law
These terms are governed by the laws of the United States and the applicable state of Vibe Software Solutions's principal place of business, without regard to conflict-of-laws principles. Any dispute shall be resolved in the courts of competent jurisdiction in that state.
16. BINDING ARBITRATION & CLASS-ACTION WAIVER
Plain-language summary: This section requires you and Vibe Software Solutions to resolve most disputes through final and binding individual arbitration instead of in court, and it waives your right to a jury trial and your right to participate in a class action, class arbitration, or other representative proceeding. You may opt out of this entire section within 30 days by emailing majixx@vibesoftwaresolutions.com — see subsection (n). Opting out will not affect your license, your access to the Product, your price, or any other part of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED MATTERS DESCRIBED BELOW, IT REQUIRES YOU AND VIBE SOFTWARE SOLUTIONS TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THIS SECTION WITHIN 30 DAYS — SEE SUBSECTION (n). OPTING OUT WILL NOT AFFECT YOUR LICENSE, YOUR ACCESS TO THE PRODUCT, OR ANY OTHER PART OF THESE TERMS.
In this Section, "we," "us," "our," and "Company" mean Vibe Software Solutions, a sole proprietorship of Anthony S. Owens, with its principal place of business in Wilson, North Carolina; "you" and "your" mean the individual consumer who accepts these Terms; the "Product" means HYVE Ether OS and all related software, updates, services, and documentation; and a "Dispute" is defined in subsection (b).
(a) ONE CONTROLLING ARBITRATION REGIME; FEDERAL ARBITRATION ACT GOVERNS. The Product is sold and delivered across state lines as a downloadable, installable operating system, and this transaction evidences a transaction involving interstate commerce. This Section is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (the "FAA"), including its substantive law of arbitrability, notwithstanding any contrary state law or policy. If the FAA is held inapplicable, the North Carolina Revised Uniform Arbitration Act, N.C. Gen. Stat. Ch. 1, Art. 45C (§ 1-569.1 et seq.) ("RUAA"), governs, except as to the non-waivable protections preserved in subsection (l). This Section is the sole and controlling dispute-resolution agreement between you and the Company across BOTH these Terms and the first-boot in-OS End User License Agreement ("EULA"). The EULA incorporates this Section by reference and contains no dispute-resolution, forum-selection, merger, or integration provision that conflicts with, supersedes, or displaces this Section; the parties agree that this Section controls any such conflict and that no later instrument supersedes it unless it expressly references and revises this Section by its title. The parties intend this Section to be enforced to the fullest extent permitted by the FAA.
(b) DISPUTES COVERED (BROAD SCOPE). Except for the matters excluded in subsections (c) and (m), "Dispute" means any past, present, or future claim, dispute, or controversy between you and the Company, whether based in contract, tort, statute, regulation, fraud, misrepresentation, warranty, restitution, equity, or any other legal theory, arising out of or relating in any way to: these Terms or the EULA; the Product or its purchase, license, download, installation, performance, updates, beta or pre-release status, or "AS IS" condition; any marketing, advertising, or representation concerning the Product; any data, privacy, or security matter relating to the Product; or your relationship with the Company. This includes claims that arose before you accepted these Terms and claims that may arise after termination of your license. References to the "Company" include Anthony S. Owens individually, Vibe Software Solutions, and their respective successors, assigns, agents, contractors, and suppliers, each of which is an intended third-party beneficiary of this Section and bound by it to the same extent.
(c) EXCLUDED CLAIMS AND CARVE-OUTS (MUTUAL). The following are NOT subject to mandatory arbitration: (1) SMALL CLAIMS. Either party may bring an individual claim in a small-claims or magistrate court of competent jurisdiction in North Carolina (or, at your election, in the small-claims court of the county where you reside), so long as the matter remains an individual, non-class action in that court. (2) PROVISIONAL/IP RELIEF. Either party may seek temporary or preliminary injunctive or provisional relief in a court of competent jurisdiction in aid of arbitration, including to protect intellectual property, confidential information, or trade secrets, pending the arbitrator's determination on the merits, without waiving this Section. A court application for provisional relief does not waive arbitration of the underlying merits for either party, and any permanent or final injunctive or intellectual-property relief on the merits is decided in arbitration. (3) EFAA. Where you assert a sexual-assault dispute or sexual-harassment dispute as defined in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402 ("EFAA"), then at your election the EFAA renders this Section unenforceable with respect to the entire case in which that claim is asserted, and the entire case (including all other claims joined in it) may proceed in court. A COURT, and not the arbitrator, shall decide the validity and enforceability of this Section as applied to any such case, irrespective of whether the challenge is directed at this Section specifically or in conjunction with other terms, and irrespective of any delegation in subsection (e) (9 U.S.C. § 402(b)). (4) GOVERNMENT/AGENCY. Nothing in this Section prevents you from filing a complaint with, reporting conduct to, providing information to, or cooperating with any federal, state, or local government agency or official, including the Federal Trade Commission and the North Carolina Attorney General (including with respect to N.C. Gen. Stat. § 75-1.1), and nothing limits the authority of any such agency to investigate or bring an action. (5) NON-WAIVABLE RIGHTS. Nothing in this Section limits, caps, waives, or shortens any right or remedy that may not be waived or shortened under applicable law, including any claim or remedy under N.C. Gen. Stat. § 75-1.1 (and its treble-damages and attorney's-fee provisions), or any claim for gross negligence, willful or wanton or intentional misconduct, fraud, or personal injury or death. This Section channels the forum for arbitrable claims only and does not extinguish any non-waivable substantive right.
(d) PRE-DISPUTE NOTICE AND INFORMAL RESOLUTION (CONDITION PRECEDENT). Before initiating arbitration, the initiating party must first send a written, individualized Notice of Dispute and negotiate in good faith for at least 30 days. Your Notice must be sent to majixx@vibesoftwaresolutions.com (and, if requested, by mail to the Company's then-current address); the Company's Notice will be sent to your email or mailing address on file. The Notice must state the claimant's name and contact information, the email address or order number associated with the purchase, a description of the specific Dispute, and the specific relief sought, and must be personally signed (or personally submitted) by the individual claimant (and, if represented, by counsel). A single mass or bulk notice purporting to cover multiple individuals does not satisfy this requirement; in coordinated or mass filings each claimant must individually comply. The applicable statute of limitations and any AAA or contractual filing deadline are TOLLED while this requirement is pending and do not run against the claimant during that period. This step is a condition precedent to arbitration, but it does not apply to the small-claims or provisional/IP options in subsections (c)(1) and (c)(2).
(e) DELEGATION OF ARBITRABILITY (CLEAR AND UNMISTAKABLE; SEVERABLE). Except as stated in this subsection and in subsections (c)(3) and (g), the arbitrator, and not any court, has exclusive authority to resolve all threshold and gateway questions, including the existence, scope, validity, enforceability, interpretation, applicability, waiver, and unconscionability of this Section. This delegation IS clear and unmistakable. This delegation is itself severable from the rest of this Section: a challenge directed at the validity or enforceability of these Terms or of this Section as a whole is for the arbitrator, and only a challenge directed specifically and exclusively at this delegation provision may be decided by a court; a holding that this delegation is unenforceable shall not, by itself, render the agreement to arbitrate in subsection (h) unenforceable, which survives independent of this delegation. The following questions are RESERVED TO A COURT and are NOT delegated: (i) the enforceability, validity, and scope of the Class-Action Waiver and its non-severability provision in subsections (f)–(g); and (ii) the applicability of the EFAA under subsection (c)(3). This delegation does not, and shall not be construed to, waive or limit judicial confirmation, vacatur, modification, correction, or appeal of an award as provided by the FAA and the RUAA, or any non-waivable right preserved in subsection (l), and the arbitrator may not decide whether an agreement to arbitrate was ever formed.
(f) CLASS-ACTION, COLLECTIVE, AND REPRESENTATIVE WAIVER (INDIVIDUAL ARBITRATION ONLY). YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual Dispute, and may not preside over any form of class, collective, consolidated, mass, or representative proceeding or award relief to or on behalf of anyone who is not an individual party to the arbitration. The parties expressly do NOT consent to class, collective, consolidated, or representative arbitration in any form; no such agreement exists or shall be inferred, and neither silence nor any ambiguity in these Terms shall be construed to permit it (Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 662 (2010); Lamps Plus, Inc. v. Varela, 587 U.S. 176 (2019)). Claims may not be joined or consolidated with those of any other person except as the parties agree in a signed writing or as the batching procedure in subsection (i) provides.
(g) NON-SEVERABLE CLASS WAIVER; COURT FALLBACK (NEVER CLASS ARBITRATION). Subsection (f) is the essential, material basis of the parties' agreement to arbitrate and is the ONLY provision of this Section that is NOT severable under subsection (p). If a court of competent jurisdiction (and not an arbitrator) finally finds the Class-Action Waiver in subsection (f) unenforceable or invalid as to a claim asserted on a class, collective, or representative basis, then — and only as to that specific class, collective, or representative claim — that claim shall be severed from arbitration and shall proceed EXCLUSIVELY IN A COURT of competent jurisdiction in North Carolina (subsection (k)), and shall NOT proceed as or in class, collective, consolidated, mass, or representative ARBITRATION. A holding that the Waiver is unenforceable as to a single request for relief, remedy, or non-representative claim does not trigger this subsection. In all events, the obligation to arbitrate all other claims on an individual basis, and the prohibition on class and representative arbitration, survive and remain in full force. The parties intend that class arbitration never occur absent their express written agreement to it.
(h) ARBITRATION PROVIDER; RULES; CONSUMER PROTECTIONS (MUTUAL). Except for the Excluded Claims and Carve-Outs, you and the Company agree that all Disputes will be resolved exclusively by final and binding individual arbitration. This obligation is mutual; the Company reserves no right to litigate its own Disputes in court except to the same extent you may under subsections (c)(1) and (c)(2). Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and the AAA Consumer Due Process Protocol in effect when the Notice of Dispute is sent (currently the Consumer Arbitration Rules effective May 1, 2025), and, where applicable, the AAA Mass Arbitration Supplementary Rules and Mass Arbitration Fee Schedule (subsection (i)), each as modified by this Section (collectively, the "AAA Rules"). The AAA Rules are available at www.adr.org. The Company will, before invoking arbitration under this Section, register this Section on the AAA Consumer Clause Registry and pay any required registry/review fee; failure to register is a condition the Company must cure before compelling arbitration. If the AAA will not administer the Dispute consistent with this Section, the parties will agree on a substitute administrator that applies comparable consumer-due-process standards (for example, [JAMS under its Consumer Arbitration Minimum Standards] or [NAM]); failing agreement, a court of competent jurisdiction in North Carolina (subsection (k)) may appoint an arbitrator under 9 U.S.C. § 5, the arbitration to be conducted under the AAA Consumer Arbitration Rules to the extent practicable. If no administrator will accept the case within [60] days after a party submits it, you may elect to bring the individual claim in the North Carolina courts (subsection (k)), and the Company waives any objection that the claim must be arbitrated. The arbitrator must be neutral and make all disclosures required by N.C. Gen. Stat. § 1-569.12; you retain the right to counsel at every stage (§ 1-569.16) and to reasonable notice (§ 1-569.9). The arbitrator shall apply the substantive law designated in the Governing Law section of these Terms and any non-waivable consumer-protection law of your state of residence that both applies and may not be displaced by contract (and only as to the affected claim), together with the applicable statutes of limitations, and may award any individual remedy a court could award on the individual claim, INCLUDING statutory, multiple/treble, and punitive damages and attorney's fees where authorized by law. In any arbitration of a claim under N.C. Gen. Stat. § 75-1.1, the arbitrator shall apply and may award the full treble-damages and attorney's-fee remedies of §§ 75-16 and 75-16.1, notwithstanding any limitation-of-liability or damages cap elsewhere in these Terms, which shall not apply to such claims. The award is final and binding and subject to judicial confirmation, vacatur, modification, and appeal only as provided by the FAA and the RUAA.
(i) COORDINATED AND MASS FILINGS (BILATERAL; HECKMAN-PROOFED). If [100] or more arbitration demands of a similar nature are filed against the Company (or by the Company against multiple individuals) by or with the assistance or coordination of the same or coordinated counsel or organizations, the demands constitute a "Mass Filing" and shall be administered under the AAA Mass Arbitration Supplementary Rules and Mass Arbitration Fee Schedule, in addition to the AAA Consumer Arbitration Rules, subject to the following procedures, which apply equally to both parties: (1) a Process Arbitrator may be appointed at the outset to decide, for a flat fee and before merits fees accrue, threshold and administrative questions, including each claimant's compliance with subsection (d), the existence of conditions precedent, fee allocation, whether particular demands are properly included, and whether any demand is frivolous or filed for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b); a curable defect in a claimant's subsection (d) compliance must be given [30] days' written notice and an opportunity to cure before any dismissal; (2) each claimant must individually sign and verify their own demand and individually satisfy subsection (d); (3) the parties shall participate in global mediation as provided by the AAA Mass Arbitration rules; (4) the demands may be administered in staged batches with bellwether proceedings, provided that (A) bellwether determinations are NOT binding or preclusive on, and create no precedent or issue- or claim-preclusion against, any claimant who is not a party to that bellwether proceeding, and each claimant retains the full individual right to arbitrate the merits of their own claim; (B) the limitations period and all filing deadlines for every claimant remain TOLLED from the date their compliant demand is submitted until their individual claim is adjudicated, settled, or withdrawn; and (C) if a claimant's compliant individual claim has not been assigned to an arbitrator and commenced on the merits within [365] days of submission, that claimant may elect, by written notice, to proceed individually in a North Carolina court (subsection (k)), and the Company waives any arbitration defense as to that claimant, with the limitations period deemed tolled from original submission. These procedures are procedural and reciprocal, do not deprive any individual claimant of an individualized adjudication, and do not create or permit class, collective, or representative arbitration (subsection (f)).
(j) FEES AND COSTS (COMPANY PAYS FOR CONSUMER CLAIMS). For any arbitration you initiate, your share of arbitration filing, administrative, and arbitrator fees shall not exceed the consumer filing fee permitted by the AAA Consumer Arbitration Rules (currently capped at $225); the Company will pay (or, if you have advanced it, reimburse) that fee upon your written request and will pay all other AAA filing, administrative, case-management, and arbitrator fees for your individually filed consumer claims, regardless of outcome. There shall be no "loser-pays" shifting of the Company's fees, costs, or attorney's fees against you, except that (i) the arbitrator may award attorney's fees, costs, and multiplied or statutory damages to the extent (and only to the extent) a court could under an applicable statute (including N.C. Gen. Stat. §§ 75-16 and 75-16.1), and (ii) the arbitrator may order you to reimburse fees the Company advanced if the arbitrator determines your claim was frivolous or filed for an improper purpose under Federal Rule of Civil Procedure 11(b). Each party otherwise bears its own attorney's fees and costs except as a statute or this Section provides. In no event will you be required to bear any cost of arbitration that exceeds the cost you would bear to bring the same claim in court; if it would, the Company will pay the excess.
(k) SEAT, VENUE, AND HEARING FORMAT (NORTH CAROLINA). The seat (legal place) of any arbitration, and the venue for any court proceeding permitted under this Section, shall be in North Carolina (the parties designate Wilson County, North Carolina, and the state and federal courts located in North Carolina). Consistent with N.C. Gen. Stat. § 22B-3, no Dispute under these Terms shall be required to be arbitrated or litigated outside North Carolina. To minimize burden and cost to you, you may elect to have any arbitration hearing conducted (i) by telephone or videoconference, (ii) on the basis of documents only where the AAA Rules permit, or (iii) in person in or near the county or federal judicial district where you reside; absent your election, the arbitrator will determine the format consistent with the AAA Rules and the Consumer Due Process Protocol. The parties consent to the personal jurisdiction of the North Carolina courts identified above for any proceeding permitted by this Section.
(l) PRESERVATION OF NON-WAIVABLE ARBITRATION RIGHTS (RUAA). Nothing in this Section waives, varies, or limits any right that may not be waived or varied before a controversy arises under N.C. Gen. Stat. § 1-569.4, including: your right to counsel at any arbitration proceeding (§ 1-569.16); your right to notice of the initiation of arbitration (§ 1-569.9); your right to the arbitrator's disclosure of facts affecting impartiality and to a neutral arbitrator (§ 1-569.12); the availability of provisional remedies before an arbitrator is appointed (§ 1-569.8); and the right to judicial confirmation, vacatur, modification, correction, and appeal on the limited statutory grounds (§§ 1-569.4(c), 1-569.22, 1-569.23, 1-569.24, 1-569.28). To the extent any provision of this Section would conflict with such a non-waivable right, that provision is modified only as necessary to preserve the right, and the remainder stays in force.
(m) CONFIDENTIALITY (LIMITED; MUTUAL). To the extent permitted by applicable law, each party shall keep confidential the other party's trade secrets, confidential business information, and private personal data disclosed in the arbitration, and shall use them only to conduct, enforce, confirm, modify, or vacate the arbitration or award, to comply with law or a court or governmental order, or to make disclosure to a party's attorneys, accountants, auditors, insurers, or similar advisors under a like duty. This obligation is mutual and does NOT restrict you from disclosing the existence, your own claim information, the outcome, or your own evidence to other consumers, counsel, the press, a government agency, or the public; from cooperating with or filing a charge or complaint with any government agency or the North Carolina Attorney General; from responding truthfully to lawful process; or from discussing any sexual-assault or sexual-harassment dispute. Nothing herein restricts your speech about your own dispute.
(n) YOUR RIGHT TO OPT OUT (30 DAYS, NO PENALTY). You may opt out of this Section by sending written notice to majixx@vibesoftwaresolutions.com within 30 calendar days after the date you first accept this Section, which date is the LATER of your acceptance of these Terms at checkout or your acceptance of the first-boot End User License Agreement (EULA); if you first encounter this Section at first boot, your 30-day period runs from first boot. Your notice must state your name, the email address or order number associated with your purchase, and a clear statement that you opt out of arbitration; the validity and exercise of your opt-out is not itself subject to arbitration. We will honor any opt-out that gives us actual written notice within the window (email is sufficient). Opting out is free and will not affect your license, your access to or use of the Product, your price, or any other part of these Terms. If you opt out, any Dispute will be resolved in court (subject to the mutual jury-trial waiver and the North Carolina venue and governing-law provisions), on an individual basis; the waivers of class, collective, and representative proceedings continue to apply in court. If you do not opt out within 30 days, you and the Company are bound by this Section. This opt-out right is also available to the Company on the same terms.
(o) JURY-TRIAL WAIVER (MUTUAL; COURT-PATH CLAIMS). TO THE FULLEST EXTENT PERMITTED BY LAW, AND FOR ANY DISPUTE THAT IS OR BECOMES SUBJECT TO RESOLUTION IN COURT — INCLUDING AN EXCLUDED OR SEVERED CLAIM, A SMALL-CLAIMS MATTER, AN EFAA-ELECTED CLAIM, A REPRESENTATIVE CLAIM PROCEEDING IN COURT UNDER SUBSECTION (g), OR ANY CLAIM IF YOU OPT OUT UNDER SUBSECTION (n) — YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. This waiver is mutual and does not apply to any claim or right for which a jury-trial waiver is prohibited by applicable law.
(p) LIMITATION PERIOD. To the fullest extent permitted by applicable law, a Dispute subject to arbitration must be commenced (by sending the Notice of Dispute under subsection (d)) within two (2) years after the date the Dispute was or reasonably should have been discovered; otherwise it is permanently barred. This two-year period does not apply to, and shall not shorten, any claim or limitations period that may not be contractually shortened under applicable law, or any claim governed by the EFAA, each of which remains subject to its own statutory limitations period; and the subsection (d) informal-resolution period tolls and does not consume this period.
(q) SEVERABILITY; SURVIVAL; COORDINATION; ASSENT. Except as provided in subsection (g) for the Class-Action Waiver, if any provision of this Section is held invalid or unenforceable, that provision shall be severed and the remainder of this Section enforced to the fullest extent permitted by law; this severability operates together with, and does not narrow, the general severability provision of these Terms. This Section survives termination or expiration of these Terms, the EULA, your license, and your use of the Product. If there is any conflict between this Section and any other provision of these Terms or the EULA regarding dispute resolution, this Section controls; the non-waivable carve-outs in subsection (c) and the remedy-preservation language in subsections (h) and (j) control over any conflicting limitation-of-liability or damages provision elsewhere in these Terms or the EULA. By clicking "I AGREE" (or a substantially similar affirmative control) at checkout and again at first boot, you acknowledge that you had the opportunity to read this Section, that you understand it requires individual arbitration and waives class proceedings and jury trials, that you may consult an attorney, that you may opt out under subsection (n), and that you agree to it; the Company will record and retain the version of these Terms you accepted and the date and time of acceptance.
17. Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. The Warranty Disclaimer and Limitation of Liability above shall survive any such modification, as well as any expiration or termination of these terms.
18. Entire Agreement
These terms, together with the Refund Policy and Privacy Policy referenced herein, constitute the entire agreement between you and Vibe Software Solutions regarding the Software and the Site, and supersede all prior or contemporaneous understandings, communications, or agreements. Vibe Software Solutions's failure to enforce any right or provision shall not be deemed a waiver of that right or provision. Section headings are for convenience only and have no legal effect.
19. Contact
Questions about these terms: majixx@vibesoftwaresolutions.com.