Legal
Terms of Service
Last updated: October 2026
These Terms of Service ("Terms") are a binding agreement between you and Vybe Health Inc. ("Vybe," "we," "us," or "our"). They govern your use of vybe.health and our other websites, the Vybe app, Vybe devices, and related services (together, the "Services").
Please read Section 17 carefully. It requires most disputes to be resolved by individual binding arbitration, waives your right to a jury trial and to take part in a class action, and explains how to opt out within 30 days.
1. Accepting these Terms
By creating an account, joining the waitlist, wearing a Vybe device with the app, or otherwise using the Services, you agree to these Terms, our Privacy Policy, and our Health and Wellness Disclaimer. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you confirm you have authority to bind it, and "you" includes that organization.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. You may not use the Services if you are barred from doing so under applicable law.
3. Not medical care
Vybe provides general wellness information to help you understand your sleep, activity, recovery, and everyday wellbeing. Vybe is not a medical device unless we expressly say a specific feature has been cleared or approved by the U.S. Food and Drug Administration, and it does not diagnose, treat, cure, monitor, or prevent any disease or condition. Readings are estimates and can be affected by fit, skin, movement, and other factors. Do not use Vybe to make medical decisions, and do not delay or disregard professional medical advice because of anything you see in Vybe. If you think you may have a medical emergency, call 911 or your local emergency number immediately. Our full Health and Wellness Disclaimer is part of these Terms.
4. Your account
You are responsible for providing accurate information, keeping your login credentials secure, and all activity under your account. Tell us right away at justvybe@vybe.health if you believe your account has been compromised.
5. The Services and no required subscription
Consumer insights are included with the Vybe hardware you own, and Vybe does not require a recurring fee for you to access your own data. We may offer optional paid features, enterprise programs, developer tools, or research services in the future. Any such offer will be clearly described, and you will only be charged if you agree to it. Features may differ by device, app version, and region, and some features may be labeled preview or beta. Preview and beta features are provided as is and may change or end.
6. Waitlist, founding batch, and orders
Joining the waitlist is free and does not create a purchase or an obligation for you or for us. Our Waitlist and Founding Batch Terms apply to the waitlist. Vybe is a pre-launch product, and specifications, features, availability, ship dates, and pricing are not final until stated at checkout. Any order is an offer to buy, which we may accept or decline. Terms of sale, shipping, returns, and the device limited warranty will be presented at checkout and form part of these Terms for that purchase. Title and risk of loss pass to you when we deliver the device to the carrier, unless the checkout terms say otherwise.
7. Devices and safe use
Follow the instructions and safety information that come with your device. Stop wearing the device and consult a health care professional if you experience skin irritation, discomfort, or any other reaction. Do not wear the device during activities where it could catch on equipment or create a hazard. Charge only with the supplied or approved charger. Consult your physician before use if you have an implanted electronic medical device. Physical activity carries inherent risks. You are responsible for deciding what activity is appropriate for you, and you assume those risks.
8. Your content and data
You own the data and content you create or upload, including your health data ("Your Content"). You give Vybe a limited license to host, store, process, and display Your Content only as needed to provide and improve the Services for you, to operate programs you choose to join, and as described in our Privacy Policy. This license ends when you delete Your Content or your account, except for copies we must keep by law or that exist in backups for a limited time. You can export or delete Your Content at any time.
9. Sharing and organization programs
If you choose to share data with a coach, team, employer, university, clinician, or researcher, you authorize us to share the data you select with them. You can stop sharing at any time, but we cannot recall data that a recipient has already received. Organizations that enroll members in Vybe programs agree to separate terms, and those terms do not allow them to require more access to your individual data than you agree to share.
10. Acceptable use
You agree not to:
Use the Services in violation of any law or the rights of others.
Copy, modify, decompile, reverse engineer, or attempt to extract source code, firmware, models, or algorithms from the Services or devices, except where the law expressly allows it despite this restriction.
Scrape, crawl, or harvest data from the Services, or use them to build a competing product or train machine learning models.
Interfere with, disrupt, probe, or bypass security or access controls of the Services.
Upload malware, spam, or unlawful, infringing, or harmful content.
Access another person's account or data without authorization, or misrepresent your identity.
Resell, rent, or commercially exploit the Services without our written permission.
Use the Services for emergency monitoring or in any situation where a failure could lead to death, injury, or serious harm.
11. Intellectual property
The Services, including the Vybe name, logo, designs, software, firmware, algorithms, models, and content, are owned by Vybe or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the app and software on devices you own or control, for your personal use. All rights not expressly granted are reserved. If you send us feedback or ideas, we may use them without restriction or compensation to you.
12. Third-party services
The Services may connect to services we do not control, such as Apple Health, app stores, calendars, or patient portals. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. If you downloaded the app from the Apple App Store, Apple is not responsible for the app, has no warranty obligations beyond any required by law, and is a third-party beneficiary of these Terms with the right to enforce them against you.
13. Copyright complaints
If you believe content on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act to Vybe Health Inc., Attn: Copyright Agent, 501 Fayetteville St, Raleigh, NC 27601, or justvybe@vybe.health, including the information required by 17 U.S.C. Section 512(c)(3). We may remove content and terminate repeat infringers.
14. Suspension and termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Services or other users. Where reasonable, we will give you notice and a chance to export Your Content. Sections that by their nature should survive termination will survive, including Sections 8, 11, and 15 through 19.
15. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR ANY EXPRESS LIMITED WARRANTY PROVIDED WITH YOUR DEVICE, VYBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY READING, SCORE, ESTIMATE, OR INSIGHT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY MEDICAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VYBE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID VYBE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
17. Dispute resolution and arbitration
Informal resolution first
Before filing any claim, you and Vybe agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing the claim and the relief sought, including the sender's name, contact information, and signature, to the other party (for Vybe, at the address in Section 19). Both parties agree to negotiate in good faith for 60 days after the notice is received, including an individual phone or video conference if either party requests one. Statutes of limitation are paused during this period.
Agreement to arbitrate
If the dispute is not resolved, you and Vybe agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including questions of arbitrability, will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitration will take place in the county where you live or by video, unless both parties agree otherwise. Fees are allocated under the AAA Consumer Rules, and Vybe will pay any fees the AAA requires the business to pay.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive relief in court to stop infringement or misuse of intellectual property or unauthorized access to the Services.
Class action and jury trial waiver
YOU AND VYBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND VYBE WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may award relief only to the individual party seeking it and only to the extent needed for that party's individual claim. If this waiver is found unenforceable for a claim, that claim must be severed and heard in court after arbitration of the remaining claims, and this paragraph does not prevent you from seeking public injunctive relief where the law guarantees that right.
Mass filings
If 25 or more similar demands are filed against Vybe by or with the help of the same law firm or coordinated group, the parties agree the demands will be administered in batches of up to 25, with one arbitrator per batch, and that the AAA mass arbitration rules and fee schedules will apply. Statutes of limitation are paused for claims waiting in a batch.
Your right to opt out
You may opt out of this arbitration agreement by emailing justvybe@vybe.health with the subject line "Arbitration Opt Out," including your name and the email address on your account, within 30 days after you first accept these Terms. Opting out will not affect any other part of these Terms.
Changes to this Section
If we change this Section 17, you may reject the change by notifying us within 30 days, and the prior version will continue to apply to you.
18. Governing law and venue
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law rules, and by the Federal Arbitration Act for Section 17. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Wake County, North Carolina, and you and Vybe consent to their jurisdiction. If you are a consumer, this does not take away any protection you have under the mandatory laws of the state where you live.
19. General terms
Indemnity: To the extent permitted by law, you will defend, indemnify, and hold Vybe harmless from claims, losses, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the Services, or your violation of the rights of others.
Changes: We may update these Terms. We will post the new version with a new date and, for material changes, notify you by email or in the app at least 30 days before they take effect, except for changes required by law or made for safety or security. Continued use after the effective date means you accept the update.
Electronic communications: You agree to receive notices and agreements electronically, which satisfy any requirement that they be in writing.
Export and sanctions: You will comply with U.S. export control and sanctions laws and confirm you are not a person barred from receiving the Services.
Force majeure: We are not responsible for delays or failures caused by events beyond our reasonable control, including supply chain disruptions, natural disasters, outages, labor actions, and government action.
Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability and waiver: If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver.
Entire agreement: These Terms, together with the policies and checkout terms they reference, are the entire agreement between you and Vybe about the Services.
California users: Under Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by phone at (800) 952-5210.
Contact: Vybe Health Inc., 501 Fayetteville St, Raleigh, NC 27601, justvybe@vybe.health.