Form 8-K

8-K — Datavault AI Inc.

Accession: 0001104659-26-114118

Filed: 2026-10-06

Period: 2026-10-01

CIK: 0001682149

SIC: 7389 (SERVICES-BUSINESS SERVICES, NEC)

Item: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers

Item: Regulation FD Disclosure

Item: Financial Statements and Exhibits

Documents

8-K — tm2627137d1_8k.htm (Primary)

EX-10.1 — EXHIBIT 10.1 (tm2627137d1_ex10-1.htm)

EX-99.1 — EXHIBIT 99.1 (tm2627137d1_ex99-1.htm)

XML — IDEA: XBRL DOCUMENT (R1.htm)

8-K — FORM 8-K

8-K (Primary)

Filename: tm2627137d1_8k.htm · Sequence: 1

false

0001682149

2026-10-01

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d)

OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported):

October 1, 2026

Datavault AI Inc.

(Exact name of registrant as specified in its

charter)

Delaware

001-38608

30-1135279

(State or other jurisdiction

of incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

One

Commerce Square

2005

Market Street, Suite 2400

Philadelphia,

Pennsylvania 19103

(Address of principal executive offices, including zip code)

Registrant’s telephone

number, including area code: (408) 627-4716

N/A

(Former name

or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended

to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b)

of the Act

Title of each class

Trading Symbol(s)

Name of each exchange on which

registered

Common stock, par value $0.0001 per share

DVLT

The Nasdaq

Capital Market

Indicate by check mark whether the registrant is an emerging growth

company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange

Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ¨

If an emerging growth company, indicate by check mark if the registrant

has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant

to Section 13(a) of the Exchange Act. ¨

Item 5.02

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

Advisory Arrangements for Resigning Non-Employee

Directors

On October 1, 2026, the board of directors

(the “Board”) of Datavault AI Inc. (the “Company”) approved an advisory arrangement and related compensation

(such arrangements and compensation, the “Advisory Arrangements”), for non-employee directors who resign from the Board

in connection with certain strategic and/or change of control and/or other transactions of the Company, as determined by the Board

(any such resigning director, a “Resigning Director” and any such transaction in connection with which such director is

resigning his or her service on the Board, a “Triggering Transaction”). The Board made its determination regarding the

approval of the Advisory Arrangements in consultation with Compensation Venture Group, the Company’s compensation

consultant.

Under the Advisory Arrangements, Resigning Directors

will be entitled to the following:

(i) For any Resigning Director,

regardless of such director’s length of service with the Company, such director’s then outstanding and unvested equity awards

for shares of the Company’s common stock (the “Common Stock”) or other securities shall be fully vested upon the effective

date of such director’s resignation from the Board (such date, the “Resignation Effectiveness Date”); and

(ii) For any Resigning Director

that has served as a member of the Board for at least two years prior to his or her Resignation Effectiveness Date, such director shall

also be entitled to the following:

(a) A one-year advisory

contract (the “Advisory Contract”), the term of which shall commence on the Resignation Effectiveness Date and end on the

one-year anniversary of such date (the “Advisory Term”) and pursuant to which such director shall (1) report to the Chairperson

of the Board or such Chairperson’s designee and make himself or herself available to the Board to provide continuity and support

to the Board in an advisory capacity (such role being referred to herein as an “Advisor”), and (2) receive cash compensation

in the aggregate amount of $72,000 (the “Annual Cash Compensation”), to be paid in equal monthly installments of $6,000 (intended

to represent one year of Board compensation) during the Advisory Term; and

(b) Subject to the

effectiveness of a Form S-8 Registration Statement covering a number of shares of Common Stock sufficient to permit the grant thereof

in compliance with applicable U.S. securities laws, a restricted stock award for 120,000 shares of Common Stock (such award, the “Advisory

Stock Award”) to be made under the Company’s 2018 Long-Term Stock Incentive Plan, as amended (the “2018 Plan”),

which award shall vest in full on the one-year anniversary of such director’s Resignation Effectiveness Date;

provided, however, that if the

Company terminates the Advisor for any reason, other than for cause, prior to the expiration of the Advisory Term, the remaining balance

of the Annual Cash Compensation shall be paid to the Advisor and the Advisory Stock Award shall become fully vested, in each case, immediately

upon such termination.

The foregoing summary of the Advisory Contract

does not purport to be complete and is qualified in its entirety by reference to the full text of the form of the Advisory Contract, a

copy of which is attached hereto as Exhibit 10.1 and is incorporated herein by reference.

Resignation of Director

On October 2, 2026, Robert Tobias tendered his

resignation from the Board, effective as of 11:59 p.m. on such date. Mr. Tobias tendered his resignation in connection with the Company’s

acquisition of NYIAX, which the Board determined to be a Triggering Transaction, to allow for the appointment of Christopher Hardt (as

more fully described below) and not as a result of any disagreement with the Company. At the time of such resignation, Mr. Tobias served

as a director for over two years and served as a member of the Compensation Committee of the Board and Chair of the Nominating and Corporate

Governance Committee of the Board (the “NCG Committee”). Mr. Tobias will serve as an Advisor and will be entitled to the compensation

provided for in the Advisory Arrangements described above.

Appointment of Director

As previously announced, on August 19, 2026, the

Company acquired NYIAX, Inc. (“NYIAX”) pursuant to that certain Agreement and Plan of Merger, dated as of March 18, 2026 (as

amended, the “Merger Agreement”), by and among the Company, DVLT Merger Sub, Inc., a wholly owned subsidiary of the Company,

and NYIAX. Pursuant to the terms of the Merger Agreement, NYIAX had the right to require the Company to take all necessary corporate action

to appoint up to two individuals designated by NYIAX (the “Merger Partner Designees”) to the Board, subject to the review

and approval of the NCG Committee, acting in good faith, and each designee’s satisfaction of all applicable independence and qualification

requirements of the applicable trading market. NYIAX has designated Christopher Hardt as a Merger Partner Designee.

On October 2, 2026, effective as of immediately

following Mr. Tobias’s resignation and upon the recommendation of the NCG Committee, the Board appointed Christopher Hardt to the

Board, to serve until his successor is duly elected and qualified or until he resigns or is removed. The Board has appointed Mr. Hardt

to serve as a member of the Audit Committee of the Board (the “Audit Committee”) and the NCG Committee.

The Board has determined that Mr. Hardt qualifies

as (i) an independent director under the corporate governance standards of The Nasdaq Stock Market LLC and the rules and regulations of

the SEC, including those applicable to audit committee members and (ii) an audit committee financial expert, as defined in Item 407(d)(5)(ii)

of Regulation S-K promulgated under the Securities Act of 1933, as amended (the “Securities Act”).

Mr. Hardt has more than 30 years of Big 4 audit,

compliance, reporting and international corporate advisory experience. Mr. Hardt retired in July 2021 from PwC LLP (“PwC”)

where he was an audit partner since 2000. From August 2021 to May 2026, Mr. Hardt served as the Chief Financial Officer and Director of

Abri SPAC 2, Inc., a special purpose acquisition company (“Abri 2”) (Nasdaq: ASPP). Mr. Hardt was also the Chief Financial

Officer of Abri Advisors Ltd, in Bermuda, and Abri Advisors (UK) Ltd.

Mr. Hardt has been based previously in PwC’s

offices in London, England, Lausanne, Switzerland and Tokyo, Japan in addition to several offices in the United States. During his tenure

at PwC, he was a lead partner on several large multinational audit clients in the Consumer Markets, Technology, Media, Automotive, Banking

and Insurance industries and has conducted business in over 40 countries. Mr. Hardt has also served as a leader in PwC’s SEC Services

group in the firm’s National Office where he was responsible for oversight of both foreign and domestic registrant client SEC filings

including both debt and equity IPOs. In his prior roles at PwC, Mr. Hardt has extensive experience with companies preparing to go public

including the financial statement and internal controls requirements of The Sarbanes-Oxley Act, interacting with the SEC and the financial

reporting implications of executing growth strategies involving mergers and acquisitions.

Mr. Hardt has many years of experience interacting

with public company boards of directors and their audit/finance committees. Mr. Hardt served as a director of NYIAX from September 2025

to February 2026 and as a director of Collective Audience from 2023-2025. Mr. Hardt recently completed successive terms on both the President’s

Advisory Council of Furman University and the Parents Board at The Georgia Institute of Technology. He is an investor and advisor to Cavan

& Co LLC, an early-stage American made lifestyle apparel brand. Mr. Hardt holds a B.A. in Business Administration from Furman University

and is a CPA licensed in Ohio and Georgia.

As a non-employee director of the Company, Mr. Hardt is initially entitled to receive cash compensation in

the amount of $60,000 per year for his service on the Board. Mr. Hardt is also entitled to receive cash compensation in the amount

of $2,500 for his service as a member of the Audit Committee. In connection with his appointment to the Board, the Board approved a restricted

stock award to Mr. Hardt under the 2018 Plan (the “Hardt RSAs”) consisting of 125,000 shares of Common Stock, subject to the

terms and restrictions set forth in the 2018 Plan and an award agreement thereunder. The grant of the Hardt RSAs is subject to the filing

by the Company with the SEC and effectiveness of a registration statement on Form S-8 with respect to such awards (the “Registration

Statement”) and the grant date will be the first trading day immediately following the date on which the Registration Statement

first becomes effective. The Hardt RSAs will vest as follows: (i) fifty percent (50%) of the award shall vest on the first to occur of

March 20th, June 20th, September 20th or December 20th after the date that is 90 days following

the grant date and the remaining fifty percent (50%) of the award shall vest on the second to occur of March 20th, June 20th,

September 20th or December 20th (e.g., if the award is granted on November 15, 2026, the first vesting date would

be March 20, 2027 and the remaining portion of the award would vest on June 20, 2027), in each case subject to Mr. Hardt’s continuous

service to the Company on each such date.

In addition, the Company will enter into an indemnification

agreement with Mr. Hardt in connection with his appointment to the Board, which is in substantially the same form as that entered into

with the other directors of the Company, the form of which was filed as Exhibit 10.4 to the Company’s registration statement on

Form S-1/A (file No. 333-224267) filed with the SEC on July 2, 2018.

Mr. Hardt was designated for appointment to the

Board by NYIAX pursuant to Section 1.5 of the Merger Agreement. Except for such designation right of NYIAX, there are no arrangements

or understandings between Mr. Hardt and any other persons pursuant to which he was selected to be appointed to the Board or its committees.

There are no family relationships between Mr. Hardt and any director or executive officer of the Company, and Mr. Hardt has no direct

or indirect material interest in any transaction required to be disclosed pursuant to Item 404(a) of Regulation S-K.

Item 7.01

Regulation FD Disclosure.

On October 6, 2026, the Company issued a press

release announcing Mr. Hardt’s appointment to the Board. The full text of the press release is attached hereto as Exhibit 99.1 and

is incorporated by reference herein.

The information in this Item 7.01 and Exhibit

99.1 attached hereto is intended to be furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities

Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall

it be deemed incorporated by reference in any filing under the Securities Act or the Exchange Act, except as expressly set forth by specific

reference to such filing.

Item 9.01

Financial Statements and Exhibits.

(d) Exhibits.

Exhibit

Number

Description

10.1

Form of Advisory Contract

99.1

Press Release dated October 6, 2026

104

Cover Page Interactive Data File, formatted in Inline Extensible Business Reporting Language (iXBRL).

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934,

the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

DATAVAULT AI INC.

By:

/s/ Brett Moyer

Name:

Brett Moyer

Title:

Chief Financial Officer

Date: October 6, 2026

EX-10.1 — EXHIBIT 10.1

EX-10.1

Filename: tm2627137d1_ex10-1.htm · Sequence: 2

Exhibit 10.1

DATAVAULT AI INC.

Advisor

Agreement

This Advisor Agreement (the

“Agreement”) is entered into and effective as of _________, 20__ (the “Effective Date”),

by and between Datavault AI Inc., a Delaware corporation (the “Company”) and ______________ (“Advisor”).[1]

WHEREAS, Advisor previously

served as a member of the Company’s Board of Directors (the “Board”), and resigned from the Board effective

as of __:__ [a.m. / p.m.] Eastern time on _________, 20__; and

WHEREAS, the Company

desires to retain Advisor as an advisor to the Company, and Advisor is willing to serve as an advisor to the Company, in each case on

the terms described below.

In consideration of the mutual

promises contained herein, Advisor and the Company agree as follows:

1. Services.

Advisor agrees to serve as an

advisor to the Company and to collaborate and provide advice and assistance to the Company by being available to the Board to provide

continuity and support to the Board in an advisory capacity, including with respect to the development of the Company’s business

and associated technology, the Company’s strategy, sales, marketing, and technical plans, introduction of projects to be developed

at the Company, and advice with respect to the recruitment of personnel (collectively, the “Services”). Advisor

shall report to the Chairperson of the Board or such Chairperson’s designee.

2. Compensation.

As consideration for the Services

to be provided by Advisor hereunder, the Company will provide Advisor with the following:

(a)

cash compensation in an aggregate amount of $72,000 (the “Annual Cash Compensation”), payable in equal

monthly installments of $6,000 (prorated for any partial months), in arrears, within ten (10) days following the end of each calendar

month; and

(b)

subject to approval by the Board and the effectiveness of a Form S-8 Registration Statement covering

a number of shares of the Company’s common stock (the “Common Stock”) sufficient to permit the grant thereof

in compliance with applicable U.S. securities laws, a restricted stock award for 120,000 shares of Common Stock to be made pursuant to

the Company’s 2018 Long-Term Stock Incentive Plan (the “Plan”), with the number of shares subject to adjustment

as provided in Section 9.B of the Plan (such award, the “Advisory Stock Award”). The Advisory Stock Award shall

vest in full on the one-year anniversary of the Effective Date, subject to Advisor’s continued provision of Services through such

date (except as otherwise described in Section 4) and shall be subject to the terms and conditions of the Plan and the agreement evidencing

the Advisory Stock Award.

1 Execution of Advisor Agreement requires that the applicable

director have served on the Company’s board of directors for at least two years.

3. Expenses.

The Company shall reimburse

Advisor for reasonable travel and related expenses incurred in the course of performing the services hereunder solely to the extent such

expenses are approved in advance by the Company.

4. Term and Termination.

The term of this Agreement shall

be for a period of one (1) year from the Effective Date (the “Advisory Term”), which term may be extended by

mutual written consent of the parties; provided, however, that this Agreement may be terminated by either party for any reason

upon ten (10) days prior written notice without further obligation or liability, except as set forth in this Section 4. If Advisor terminates

the Agreement (or the Company terminates the Agreement for Cause (as defined below)) prior to the end of the Advisory Term, any unpaid

portion of the Annual Cash Compensation related to services prior to such termination shall be paid to Advisor within ten (10) days following

such termination of the Agreement. If the Company terminates the Advisor (other than for Cause) and this Agreement prior to the end of

the Advisory Term, (a) any unpaid portion of the Annual Cash Compensation shall be paid to Advisor upon such termination of the Agreement,

and (b) any unvested portion of the Advisory Stock Award shall become fully vested upon such termination of the Agreement. The provisions

of Section 4, Section 6, Section 7, Section 8, Section 9, Section 10, and Section 12 shall survive

any expiration or termination of this Agreement.

As used in this Agreement “Cause”

means (i) conduct involving a felony criminal offense under federal or state law or an equivalent violation of the laws of any other country;

(ii) dishonesty, fraud, self-dealing or material violations of civil law in the course of fulfilling the Services or other assigned duties

on behalf of the Company; (iii) breach of any confidentiality, advisory, or other written agreement with the Company; or (iv) willful

misconduct injurious to the Company or any of its subsidiaries or affiliates as shall be determined by the Board.

5. Independent Contractor.

Advisor’s relationship

with the Company will be that of an independent contractor and not that of an employee. Advisor will not be eligible for any employee

benefits, nor will the Company make deductions from payments made to Advisor for employment or income taxes, all of which will be Advisor’s

responsibility. Advisor agrees to indemnify and hold the Company harmless from any liability for, or assessment of, any such taxes imposed

on the Company by relevant taxing authorities. Advisor will have no authority to enter into contracts that bind the Company or create

obligations on the part of the Company without the prior written authorization of the Company.

6. Protection of Confidential Information.

Advisor agrees not to use any

Confidential Information (as defined below) disclosed to Advisor by the Company for Advisor’s own use or for any purpose other than

to carry out discussions concerning, and the undertaking of, the Services. Advisor shall not disclose or permit disclosure of any Confidential

Information of the Company to third parties other than to other advisors of the Company. Advisor agrees to take all reasonable measures

to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into

the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information.

Advisor further agrees to notify the Company in writing of any actual or suspected misuse, misappropriation or unauthorized disclosure

of the Company’s Confidential Information which may come to Advisor’s attention.

For purposes of this Agreement,

“Confidential Information” means any non-public information that relates to the actual or anticipated business

and/or products, research or development of the Company, its affiliates or subsidiaries, or to the Company’s, its affiliates’

or subsidiaries’ technical data, trade secrets, or know-how, including, but not limited to, research, product plans, or other information

regarding the Company’s, its affiliates’ or subsidiaries’ products or services and markets therefor, customer lists

and customers (including, but not limited to, customers of the Company on whom Advisor called or with whom Advisor became acquainted during

the term of this Agreement), software, developments, inventions, discoveries, ideas, processes, formulas, technology, designs, drawings,

engineering, hardware configuration information, marketing, finances, and other business information disclosed by the Company, its affiliates

or subsidiaries, either directly or indirectly, in writing, orally or by drawings or inspection of premises, parts, equipment, or other

property of Company, its affiliates or subsidiaries. Notwithstanding the foregoing, Confidential Information shall not include any such

information which Advisor can establish (i) was publicly known or made generally available prior to the time of disclosure to Advisor;

(ii) becomes publicly known or made generally available after disclosure to Advisor through no action or inaction of Advisor; or (iii)

was in the rightful possession of Advisor, without confidentiality obligations, at the time of disclosure as shown by Advisor’s

then-contemporaneous written records.

Notwithstanding anything in

this Agreement to the contrary, nothing in this Agreement prohibits Advisor, confidentially or otherwise, from (i) communicating or filing

a charge or complaint with a governmental or regulatory entity, participating in a governmental or regulatory entity investigation, or

giving other disclosures to a governmental or regulatory entity, in each case without receiving prior authorization from, or having to

disclose any such conduct to, the Company, or (ii) responding if properly subpoenaed or otherwise required to do so under applicable law.

Nothing in this Agreement shall be construed to limit Advisor’s right to receive an award for information provided to any governmental

agency, including under the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010. Further, nothing in this Agreement prohibits

Advisor from testifying in an administrative, legislative, or judicial proceeding regarding alleged criminal conduct or sexual harassment

when Advisor has been required or requested to attend a proceeding pursuant to court order, subpoena, or written request from an administrative

agency or legislature. The Company also hereby notifies Advisor of the immunity from criminal and civil liability set forth in the Defend

Trade Secrets Act of 2016 regarding the disclosure of a trade secret that is made (x) in confidence to a federal, state, or local government

official, either directly or indirectly, or to an attorney, provided that any such disclosure is made solely for the purpose of reporting

or investigating a suspected violation of law or (y) in a complaint or other document filed in a lawsuit or other proceeding, provided

that such filing is made under seal.

7. Return of Materials.

Any materials or documents that

have been furnished by the Company to Advisor in connection with the Services shall be promptly returned by Advisor to the Company, accompanied

by all copies of such documentation, within ten (10) days after (a) the Services have been concluded or (b) the written

request of the Company.

8. No Rights Granted.

Nothing in this Agreement shall

be construed as granting any rights under any patent, copyright or other intellectual property right of the Company, nor shall this Agreement

grant Advisor any rights in or to the Company’s Confidential Information, except the limited right to use the Confidential Information

in connection with the Services.

9. Assignment of Inventions.

To the extent that, in the course

of providing the Services, Advisor jointly or solely conceives, develops, or reduces to practice any inventions, original works of authorship,

developments, concepts, know-how, improvements or trade secrets, whether or not patentable or registrable under copyright or similar laws

(collectively, “Company Inventions”), Advisor hereby assigns all rights, titles and interest to such Company Inventions

to the Company. “Company Inventions” shall not include any software, owned or developed by, or licensed to Advisor,

or methodologies, techniques, software libraries, tools, algorithms, materials, products, ideas, designs, and know-how (including all

copies, enhancements, modifications, revisions, and derivative works of any of the foregoing) that existed prior to the date hereof or

are acquired by Advisor from a third party thereafter or developed independently and outside the scope of this Agreement. If in the course

of performing the Services, Advisor uses or incorporates into a product, process or machine any invention not covered by this Agreement

in which Advisor has an interest, Advisor will promptly so inform the Company. Whether or not Advisor gives such notice, Advisor hereby

irrevocably grants to the Company a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with right to

transfer and to sublicense, to practice and exploit such invention and to make, have made, copy, modify, make derivative works of, use,

sell, import, and otherwise distribute under all applicable intellectual property rights without restriction of any kind.

10. Duty to Assist.

As requested by the Company,

Advisor shall take all steps reasonably necessary to assist the Company in obtaining and enforcing in its own name any patent, copyright

or other protection which the Company elects to obtain or enforce for its inventions, original works of authorship, developments, concepts,

know-how, improvements and trade secrets. Advisor’s obligation to assist the Company in obtaining and enforcing patents, copyrights

and other protections shall continue beyond the termination of Advisor’s relationship with the Company, but the Company shall compensate

Advisor at a reasonable rate, as determined by the Company, after the termination of such relationship for time actually spent at the

Company’s request providing such assistance.

11. No Conflicts.

Advisor represents that Advisor’s

compliance with the terms of this Agreement and provision of Services hereunder will not violate any duty which Advisor may have to any

other person or entity (such as a present or former employer), including obligations concerning providing services to others, confidentiality

of proprietary information and assignment of inventions, ideas, patents or copyrights, and Advisor agrees that Advisor will not do anything

in the performance of Services hereunder that would violate any such duty. In addition, Advisor agrees that, during the term of this Agreement,

prior to performing any services for or otherwise participating in a company developing or commercializing new services, methods or devices

that may be competitive with the Company, Advisor shall first notify the Company in writing.

12. Miscellaneous.

Any term of this Agreement may

be amended or waived only with the written consent of the Company and Advisor. This Agreement constitutes the sole agreement of the parties

and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. This Agreement shall be governed by

the laws of the State of Delaware, without reference to its conflicts of laws provisions. Any notice or other communication required or

permitted by this Agreement to be given to a party shall be in writing and shall be deemed given (a) if delivered personally or by

commercial messenger or courier service, (b) when sent by confirmed facsimile or email, if sent during the recipient’s normal

business hours and on the next business day if sent after the recipient’s normal business hours, in each case with confirmation

of transmission, or (c) if mailed by U.S. registered or certified mail (return receipt requested) three business days after mailing.

Notices required or permitted under this Agreement shall be given, if to the Company, at its principal place of business on the signature

page to this Agreement and, if to Advisor, at the address for notice on the signature page to this Agreement or, if no such address is

provided, to the last address of Advisor provided to the Company. This Agreement may be executed in counterparts (including by facsimile,

e mail, or other means of electronic transmission), each of which shall be considered an original, but all of which, when taken together,

shall be considered one and the same agreement. All payments and benefits provided for under this Agreement are intended to be exempt

from or otherwise comply with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations and

guidance thereunder (together, “Section 409A”) so that none of the payments and benefits to be provided hereunder

will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be construed in a

manner to give effect to such intention. In no event shall the Company, its affiliates or any of their respective officers, directors

or advisors be liable for any taxes, interest or penalties imposed under Section 409A or any corresponding provision of state or local

law. Each payment made pursuant to any provision of this Agreement shall be considered a separate payment for purposes of Section 409A.

* * * * *

IN WITNESS WHEREOF, the parties

hereto have executed this Advisor Agreement as of the Effective Date.

Advisor

DATAVAULT AI INC.

By:

Name

Print Name:

Title:

Notice Address:

Facsimile:

E-mail:

EX-99.1 — EXHIBIT 99.1

EX-99.1

Filename: tm2627137d1_ex99-1.htm · Sequence: 3

Exhibit 99.1

Datavault AI Appoints Christopher R. Hardt as

Independent Director Following NYIAX Acquisition

Former PwC Partner brings more than 30 years

of global financial leadership, corporate governance, SEC reporting and M&A experience

Hardt to serve on the Board’s Audit Committee

and Nominating and Corporate Governance Committee

PHILADELPHIA, PA – October 6, 2026 -

Datavault AI Inc. (“Datavault AI” or the “Company”) (Nasdaq: DVLT), an Artificial Intelligence Platform (“AIP”)

company providing data monetization, credentialing, digital engagement, real-world asset (“RWA”) tokenization and spatial

audio technologies, today announced the appointment of Christopher R. Hardt to its board of directors as an independent director, effective

as of October 3, 2026. Hardt was designated by NYIAX, Inc. (“NYIAX”) in connection with Datavault AI’s recently completed

acquisition and previously served on NYIAX’s board of directors. Mr. Hardt brings extensive experience in public-company financial reporting,

mergers and acquisitions, regulatory compliance and international business operations. He will also serve on the Audit Committee and Nominating

and Corporate Governance Committee of the Company’s board of directors.

Hardt’s global financial and executive leadership

career includes senior positions at PricewaterhouseCoopers (“PwC”), serving as Chief Financial Officer of Abri Capital, and

holding board positions at NYIAX and Collective Audience. Throughout his career, he has advised Fortune 100 companies, private equity-backed

businesses and multinational organizations on financial reporting, corporate governance, mergers and acquisitions, regulatory compliance

and international expansion. His appointment follows Datavault AI’s August 2026 acquisition of NYIAX, which added patented exchange technology

and contract management capabilities to the Company’s platform.

“We’re excited to welcome Chris to the Datavault

AI Board as an independent director,” said Nathaniel Bradley, Chief Executive Officer of Datavault AI. “His more than 30 years

of global financial leadership and deep understanding of public-company governance will be an invaluable addition to our Audit and Corporate

Governance Committees. Chris already knows the NYIAX business and understands the opportunity ahead of us. We’re thrilled to have him

on our Board and look forward to working together as we execute on our commercial strategy.”

During his career at PwC, Hardt held senior leadership

positions across the United States, Europe and Asia. As a partner in PwC’s National Office in New York, he led Consumer Markets

SEC Services, advising companies on SEC filings and regulatory matters. He also served as a partner in PwC’s Japanese member firm

in Tokyo, where he led global client relationships across media, technology, banking and insurance and served on the firm’s leadership

team. Hardt has advised multinational corporations on cross-border transactions and financial transformation, overseen financial due diligence,

and advised boards, audit committees, CEOs and CFOs on enterprise risk management, financial reporting, IPO readiness and corporate governance.

“I’m honored to join the Datavault

AI Board at such an important time in the Company’s development,” said Christopher R. Hardt. “Having served on the NYIAX

Board, I’ve seen first-hand the potential of its technology and the opportunities that combining it with Datavault AI’s broader

platform can create. I look forward to working alongside Nathaniel and the entire team, bringing my financial, governance and international

business experience to support the Company’s continued growth and help realize its long-term vision.”

Hardt is a Certified Public Accountant (CPA) and

holds a Bachelor of Arts degree from Furman University. He has completed executive education programs at INSEAD, IMD and Duke University,

and has also served on the Furman University President’s Advisory Board and the Georgia Institute of Technology Parents Board.

About Datavault AI

Datavault AI Inc. (Nasdaq: DVLT) is an AIP company

focused on transforming data and real-world assets into intelligent, secure and monetizable digital assets. The Company’s integrated

platform combines artificial intelligence, an AI-driven inference layer, data valuation, tokenization, cybersecurity, high-performance

computing and exchange technologies to support the lifecycle of data and digital assets—from identification and valuation through

tokenization, commercialization and monetization.

Datavault AI operates through two synergistic

divisions: Data Science and Acoustic Science. The Data Science division includes the Company’s patented Data Vault®, DataValue®

and DataScore® technologies, together with its cybersecurity, tokenization and exchange capabilities. The Acoustic Science division

includes WiSA®, ADIO® and related spatial audio and data-over-sound technologies, as well as the Company’s events and experiential

media businesses, including CompuSystems, Inc., operated under the Event Citadel brand, and API Media Innovations Inc.

Together, these capabilities form an integrated

AI platform designed to connect data, intelligence, value and markets, enabling enterprises, institutions and asset owners to identify,

protect, value and monetize data and real-world assets.

The Company is headquartered in Philadelphia,

PA. For more information, visit www.dvlt.ai. Investor information is available at ir.datavaultsite.com. Technology news and insights are

published at dvlt.ai/insights.

Forward-Looking Statements

This press release contains “forward-looking

statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, and other applicable securities

laws) about Datavault AI Inc. (“Datavault AI,” the “Company,” “us,” “our,” or “we”)

and our industry that involve risks and uncertainties. In some cases, you can identify forward-looking statements because they contain

words, such as “may,” “might,” “will,” “shall,” “should,” “expects,”

“plans,” “anticipates,” “could,” “intends,” “target,” “projects,”

“contemplates,” “believes,” “estimates,” “predicts,” “potential,” “goal,”

“objective,” “seeks,” “likely” or “continue” or the negative of these words or other similar

terms or expressions that concern our expectations, strategy, plans or intentions. The absence of these words does not mean that a statement

is not forward-looking.

Forward-looking statements in this press release

include, but are not limited to, statements regarding the anticipated contributions of Christopher R. Hardt to the Company’s Board

of Directors; the expected benefits of his financial leadership, corporate governance, regulatory and international business experience;

the Company’s ability to strengthen its financial oversight, governance and strategic leadership; the anticipated benefits of the

Company’s acquisition of NYIAX; the Company’s ability to successfully integrate NYIAX’s business, personnel, intellectual

property and technologies; the anticipated expansion, development, operation and commercialization of the Company’s exchange and

tokenization platforms; the Company’s ability to leverage NYIAX’s patented exchange technology and contract management capabilities;

the Company’s plans to expand its digital asset and data monetization businesses; and the Company’s future growth, strategic

objectives and ability to create long-term shareholder value.

These forward-looking statements are based on

the Company’s current expectations, estimates, assumptions and beliefs and are subject to numerous risks and uncertainties that

could cause actual results, events or developments to differ materially from those expressed or implied by such statements. Such risks

and uncertainties include, among others, the Company’s ability to successfully integrate NYIAX and realize the anticipated benefits

of the acquisition; the ability of the Company’s Board of Directors and management team to effectively execute its strategic objectives;

the Company’s ability to attract, retain and effectively utilize qualified directors, executives and other personnel; the Company’s

ability to successfully develop, operate, integrate, scale and commercialize its exchange and tokenization technologies; technological,

operational, cybersecurity, regulatory and other risks affecting the Company’s platforms and businesses; the availability, functionality

and commercial adoption of the Company’s technologies; changes in market conditions and the competitive environment; applicable

federal and state securities laws and regulations and other laws and regulations applicable to digital assets, blockchain technologies

and the Company’s businesses; and the other risks and uncertainties described in the Company’s filings with the U.S. Securities

and Exchange Commission (“SEC”), including under the heading “Risk Factors” in the Company’s most recent

Annual Report on Form 10-K and subsequent Quarterly Reports on Form 10-Q and other filings with the SEC.

The forward-looking statements contained in this

press release speak only as of the date of this press release. The Company undertakes no obligation to update or revise any forward-looking

statement, whether as a result of new information, future events or otherwise, except as required by applicable law. Readers are cautioned

not to place undue reliance on these forward-looking statements.

Contacts

Media Contact

marketing@dvlt.ai

Investor Contact

Edward Barger

Vice President, Investor Relations

ir@dvlt.ai

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