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Terms and Conditions English

 

 

Global Terms & Conditions, except for US residents (please scroll down and see a specific US version after the Global Terms & Conditions)

This app (hereinafter the “App”) has been developed and is made available by WS Audiology A/S (hereinafter “WSA”).
By accepting and using the App on your mobile device, you agree to be bound by these Terms & Conditions (including any amendments hereto), and you represent and warrant that you are: (i) over the legal age in your country of residence; and (ii) lawfully able to accept these Terms & Conditions. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.

Scope

The App is an accessory to your hearing aids intended for your convenience. You can use the App to adjust your hearing aids within a limited range. It is possible to use your hearing aids without the App if you choose to do so.

One way you can access your health care provider or hearing care professional is through the TeleCare functionality provided in the App. TeleCare provides you with the ability to communicate directly with your health care provider or hearing care professional should you wish to do so by activating this service in the App. As TeleCare is a transmission only service, all communications made through TeleCare are solely between you and your health care provider or hearing care professional for which WSA is not involved in any of these communications other than to provide you and your health care provider or hearing care professional with the functionality to enable such communications. Should you have any questions or concerns with any of the recommendations provided to you through TeleCare, please reach out directly to your health care provider or hearing care professional for further assistance as WSA has no knowledge or involvement in any of these sessions.

Right of use

Subject to your compliance with these Terms & Conditions, WSA grants you a revocable, limited, non-exclusive, non-transferrable license to download, install, and use the App on your mobile device solely for your personal, non-commercial use as long as WSA offers this App in your jurisdiction.
You are free to stop using and to uninstall the App at any time.

You understand and agree that (i) by allowing you to download the App, WSA does not transfer title to the App to you; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the App without the prior written consent of WSA: and (iii) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

Intellectual Property Rights

WSA is the sole and exclusive owner of all right, title, and interest in and to the App and the content featured in or accessible in connection with the App, including all copyright, trademark, patent and other intellectual property and proprietary rights. No right, title, or interest in or to the App or its content is transferred or granted to you, other than the limited conditional license granted in the Section above (Right of use); all rights not expressly granted are reserved by WSA.

Disclaimer of warranties

Subject to conditions that cannot be excluded (see the Limitation of Liability Section below), and to the fullest extent permissible pursuant to applicable law, WSA disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. WSA does not represent, guarantee or warrant that the use of the App shall be uninterrupted or error-free, that defects will be corrected, or that the App or the systems that make it available are free of viruses or other harmful components. The App and data herein are provided “as is” and “as available”. WSA is entitled to discontinue the App at any time for any reason or no reason; WSA is not obligated to provide any maintenance, technical or other support for the App. WSA makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the App for a particular purpose. WSA assumes no liability arising from or relating to the delay, failure, interruption, or the corruption of any data or other information transmitted in connection with use of the App, or for any interaction between you and your health care provider or hearing care professional, including any recommendations or adjustments made to your hearing aids by your health care provider or hearing care professional, through the TeleCare functionality.

Limitation of liability

To the maximum extent permitted by applicable law, WSA shall not be liable for any damages arising out of, resulting from, or relating to the access to or use of (or inability to access or use) the App, including without limitation any direct, indirect, special, incidental, consequential or punitive damages or any other loss or damages of any kind.

For the avoidance of doubt, nothing in these Terms & Conditions excludes or limits any guarantee, remedy, or right that cannot be excluded or limited by applicable law, including guarantees relating to supplies of goods and services that apply under applicable consumer law (conditions that cannot be excluded, see also the Disclaimer of warranties Section above).

Notwithstanding the foregoing, the limitation of liability in these Terms & Conditions shall not apply in the event of WSA’s gross negligence or willful misconduct.

Changes

WSA reserves the right to change these Terms & Conditions at any time, and if you wish to continue to use the App you will be required to accept the Terms & Conditions as amended. Any revisions shall be effective and incorporated into these Terms & Conditions as soon as you accept the modified Terms & Conditions. If you do not agree to the modified Terms & Conditions, you must stop using the App and you will no longer be able to access the functionality provided in the App. You will still be able to use your hearing aids.

Governing law and disputes

Any dispute or claim arising out of or relating to the App is governed by the substantive laws of Denmark, and the venue of any judicial dispute shall be Denmark except where local mandatory law provides for other governing law and venue.

Further, nothing in these Terms & Conditions affects your rights to rely on mandatory provisions of local applicable law.

Last updated date

These Terms & Conditions were last updated August 24, 2026.

U.S. Residents – Terms & Conditions

This app (hereinafter the App) has been developed and is made available by WS Audiology A/S (WSA)
By downloading, accessing, or using the App, you agree to be bound by these Terms & Conditions (including any amendments hereto), and you represent, warrant, and covenant that: (a) you are at least 18 years of age and lawfully able to accept these Terms & Conditions; (b) you have not previously been suspended or removed from any other service WSA offers. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

Please read these Terms & Conditions carefully, as they contain terms limiting our liability and requiring representations from you. Please note that these Terms & Conditions require mandatory arbitration of disputes and waive your ability to bring a class action. Please review Section 10 below for details regarding arbitration.

1. Scope

The App is an accessory to your hearing aids intended for your convenience. You can use the App to adjust your hearing aids within a limited range. It is possible to use your hearing aids without the App if you choose to do so.

2. WSA’s Role

WSA is not a health care provider or a hearing care professional. WSA’s role is limited to making certain information and functionalities concerning hearing aids available to you, and/or to facilitate your access to hearing care professionals and/or providers upon your request. One way you can access your health care provider or hearing care professional is through the TeleCare functionality provided in the App. TeleCare provides you with the ability to communicate directly with your health care provider or hearing care professional should you wish to do so by activating this service in the App. As TeleCare is a transmission only service, all communications made through TeleCare are solely between you and your health care provider or hearing care professional for which WSA is not involved in any of these communications other than to provide you and your health care provider or hearing care professional with the functionality to enable such communications. Should you have any questions or concerns with any of the recommendations provided to you through TeleCare, please reach out directly to your health care provider or hearing care professional for further assistance as WSA has no knowledge or involvement in any of these sessions. WSA is independent from the providers and professionals who provide hearing care services and is not responsible for such hearing care providers’ or professionals’ acts or omissions or for any content of the communications made by them. WSA does not engage in the practice of medicine.

The App does not provide medical advice and does not create a healthcare provider/patient relationship between you and WSA. Any services, functionalities, or content provided by, or accessed from, the App are not intended to replace the advice of your hearing care professional. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or your doctor for all medical emergencies. WSA is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services, or products that you may obtain through interactions with your provider(s) or otherwise.

3. Rights of Use

Subject to your compliance with these Terms & Conditions, and assuming WSA offers the App in your area, WSA grants you a revocable, limited, non-exclusive, non-transferrable license to download, install, and use the App on your mobile device solely for your personal, non-commercial use.
You are free to stop using and to uninstall the App at any time.

You understand and agree that (i) by allowing you to download the App, WSA does not transfer title to the App to you; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the App without the prior written consent of WSA: (iii) you may not assign, rent, lease, or lend the App to any person or entity and any attempt by you to sublicense, transfer, or assign the App will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

4. Intellectual Property Rights

WSA is the sole and exclusive owner of all right, title, and interest in and to the App and the content featured in, or accessible in connection with, the App, including all copyright, trademark, patent, and other intellectual property and proprietary rights. No right, title, or interest in or to the App or its content is transferred or granted to you, other than the limited conditional license granted in Section 3 above. All rights not expressly granted are reserved by WSA.

You may provide input, comments, questions, or suggestions (“Submissions”). You acknowledge and agree that WSA may use any Submissions without any obligation to you (including any obligation to pay compensation), and you hereby grant WSA a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Submissions as WSA may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

5. Restrictions on use

By accessing or using the App, you agree (i) that you are solely responsible for any and all activity that occurs in, though, or by using this App, be it authorized or unauthorized, (ii) to comply with all applicable laws and regulations, and (iii) not to use the App in any way that is, as determined by WSA in its sole discretion, harmful to others in any way or violates any applicable law, regulation, obligation, or other similar restrictions. By accessing or using the App, you further agree that you will not:

  • •Cause or launch any programs or scripts that have the purpose or effect of scraping, indexing, surveying, automatically posting content or sending messages, or otherwise data mining any portion of the App, including, without limitation, by using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the App, deep-link to any feature or content of the App, send messages or communications via the App, unless they are through communications App interfaces established by WSA, bypass any robot exclusion headers or other measures WSA uses to restrict access;
  • •Access or use the App or any of its features, content, materials, or other information to create, “train”, fine-tune, or otherwise develop artificial intelligence, machine learning, algorithms, or other similar technologies;
  • •Attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means, and you shall promptly notify WSA if you learn of any security breach related to the App;
  • •Interfere with a third party’s use and enjoyment of the App;
  • •Interfere with or disrupt WSA’s or its vendors’ security measures, and will not violate or attempt to violate the security of the App, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the App or any portion thereof without authorization;
  • •Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, or telecommunications equipment;
  • •Misrepresent your identity;
  • •Send or otherwise transmit to or through the App any unlawful, infringing, harmful, harassing, defamatory, obscene, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the App or computers of any kind, and any unsolicited communications, advertising, solicitation, or promotional materials.

6. Disclaimer of warranties

To the fullest extent permissible pursuant to applicable law, WSA disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. WSA does not represent, guarantee, or warrant that the use of the App shall be uninterrupted or error-free, that defects will be corrected, or that the App or the systems that make it available are free of viruses or other harmful components. The App and data herein are provided “as is” and “as available. WSA is entitled to discontinue the App at any time for any reason or no reason; WSA is not obligated to provide any maintenance, technical, or other support for the App. WSA makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the App for a particular purpose. WSA assumes no liability arising from or relating to the delay, failure, interruption, or the corruption of any data or other information transmitted in connection with use of the App, or for any interaction between you and your health care provider or hearing care professional, including any recommendations or adjustments made to your hearing aids by your health care provider or hearing care professional, through the TeleCare functionality.

7. Limitation of liability; indemnity

To the maximum extent permitted by law, WSA shall not be liable for any damages arising out of, resulting from, or relating to the access to or use of (or inability to access or use) the App, including without limitation any direct, indirect, special, incidental, consequential, or punitive damages or any other loss or damages of any kind.

You agree to indemnify, defend and hold harmless WSA, its suppliers, and their respective affiliates, employees, officers, directors, agents, licensors, suppliers, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of these Terms & Conditions or any applicable law, regulation, or similar restriction; and (ii) your or any other party’s access to or use of, or misuse of, the App and its functionalities using your hearing aids and/or device or any service or content offered in connection with the App.

For the avoidance of doubt, nothing in these Terms & Conditions excludes or limits any guarantee, remedy, or right that cannot be excluded or limited by applicable law, including guarantees relating to supplies of goods and services that apply under applicable consumer law.

8. Changes to the Terms & Conditions

WSA reserves the right to change these Terms & Conditions at any time and will post the updated Terms & Conditions here. If you continue to use the App following such an update, you agree to be bound by the Terms & Conditions as amended.

9. Governing law

Any dispute or claim arising out of or relating to the App is governed by the substantive laws of the State of New York.

10. Mandatory arbitration of disputes; class action waiver

By accessing or using the App, you agree to be bound by the following agreement to arbitrate:

  • •You and WSA each agree that any and all claims, controversies, or disputes of any nature, including tort and statutory claims, arising out of or relating to these Terms & Conditions, any access to or use of the App (including, without limitation, the Digital Assistant or TeleCare features), including any questions of arbitrability (collectively, a “Dispute”), shall be settled by individual binding arbitration administered by JAMS in accordance with its applicable arbitration rules, as specified below, by a sole arbitrator or in small claims court, except where prohibited by law. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT. You and WSA each also agree that this arbitration agreement affects interstate commerce so that the United States Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this arbitration agreement, including all questions of arbitrability (despite the general choice of law provision set forth above).
  • •You and WSA agree that it would be advantageous to discuss and hopefully resolve any Dispute before formal proceedings are initiated; provided, however, that WSA need not do so in circumstances where claims involving its intellectual property rights are concerned (“IP Disputes”). The party making a claim – whether you or WSA – shall send a letter to the other side briefly summarizing the claim and the request for relief (a “Notice of Dispute”). If WSA is making a claim, the letter shall be sent, via email, to the email address listed in your account, if any. If no such information exists, then WSA has no notification or delay obligations under this Section 10(B). If you are making a claim, the letter shall be sent to disputesusa@wsa.com . The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) your email address and telephone number; (c) a written description of the problem, relevant documents, and supporting information; and (d) a good faith calculation of the damages you claim to have suffered including a statement of the specific relief you are seeking. You and WSA each agree to negotiate any Dispute in good faith for a sixty (60)-day period. If the Dispute is not resolved within sixty (60) days after receipt of a Notice of Dispute, the claimant may proceed to initiate proceedings as set forth in this Section 10, or as permitted by applicable law. Either you or WSA, however, may seek provisional remedies such as preliminary injunctive relief, subject to Section 10(D) before the expiration of this sixty (60)-day period.
  • •If We are unable to resolve the Dispute within sixty (60) days despite those good faith efforts, then either you or WSA may start arbitration or small claims court proceedings. Any Dispute or arbitration demand relating thereto shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then as set forth in the applicable JAMS rules.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you initiate an arbitration, you are required to pay JAMS an initial filing fee, but WSA will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your jurisdiction of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then WSA will not reimburse your initial filing fee. This arbitration agreement authorizes the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. You and WSA each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors, and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent.

Other than expressly set forth in this Section 10, neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any Dispute until such Dispute shall have been finally adjudicated via arbitration as herein provided, and then only for the enforcement of the arbitrator’s award; provided, however, WSA may seek interim, injunctive, or equitable relief in a court of competent jurisdiction, without thereby waiving its right to arbitrate or compel arbitration of the Dispute under this Section.

  • •Permissible Remedies; Limitation on Injunctive Relief. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE APP, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE APP, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY WSA.
  • •This Section 10 shall be governed solely by the United States Arbitration Act, 9 U.S.C. 1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and WSA agree that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.
  • •Class Action and Consolidated Actions Waiver (“Class Action Waiver”). As permitted by applicable law, both you and WSA agree that a party may only bring claims in its individual capacity and on its own behalf. You and WSA waive the right to bring any Dispute as a class, consolidated, mass, representative, collective, or private attorney general action, or to participate in a class, consolidated, mass, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, mass, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding.
  • •Jury Trial Waiver. AS PERMITTED BY APPLICABLE LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WSA EACH HEREBY WAIVE ANY RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING THERETO, INCLUDING ANY CLAIM ARISING IN CONTRACT, TORT, OR FRAUD.
  • •Small Claims Matters. Notwithstanding the foregoing, either you or WSA may bring a qualifying claim of Dispute (other than IP Disputes) in small claims court, subject to Section 10(B). Either You or WSA may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The substantive law that applies to such a dispute shall be New York law, without regard to conflicts of laws principles.

11. Last updated date

These Terms & Conditions were last updated August 24, 2026.