Terms and Conditions

Version March 23, 2018

iHear Medical, Inc. (“iHear”, “we”, “us”, “our”, “The Company”), is the owner and operator of the website http://ihearmedical.com and its landing pages (the “Site”). The following Terms and Conditions govern the use of the Site and iHear Products (the “Products”). “Client”, “You” and “Your” refers to you, the person accessing this website and by doing so, accepts the Company’s Terms and Conditions. Please read these Terms and Conditions carefully.

iHear reserves the right to alter these Terms and Conditions, with the new terms becoming effective as of the date or publishing, indicated at the beginning of the post. These terms are binding upon you and you should read them whenever you use the Site or Products.

Privacy

Please review our Privacy Policy, which governs your visit to the Site.

No Medical Advice

Any information supplied through this website, software applications, services, or by any of our employees or agents, whether by telephone, e-mail, letter, fax, electronic communication, live chat or other form of communication, is for informational purposes or general guidance and does not constitute medical advice or diagnosis. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. iHear products and services are not intended to provide clinical diagnosis, nor to treat, cure or prevent any disease, and that for a medical evaluation of hearing health the purchaser should consult with a hearing health professional. The hearing aid and hearing test device will not restore normal hearing, prevent further hearing loss, nor clinically diagnose hearing impairment.

The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Permitted Use

The Site and Products are not intended for anyone under 18 years of age. You may not use the Site or Products for anything but for personal, non-commercial purposes. You therefore warrant to iHear that you will not use the Site or Products for anything that is unlawful or prohibited by these Terms and Conditions. We reserve the right to refuse service, discontinue transactions, terminate accounts, cancel orders, or disable Products at our sole discretion.

Children

iHear does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Site with your parent or guardian. Parents should be aware that iHear’s Privacy Policy governs our use of Personal Information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, live chats or the like may be used to generate unsolicited mail. iHear encourages all parents to instruct their children about the safe and responsible use of their Personal Information while using the Internet.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Shipping

All products purchased through the Site are shipped and billed by iHear. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Orders are typically shipped standard ground. Shipping fees on returns will be incurred by the user. iHear cannot ship products outside of the United States.

Returns

Your satisfaction is guaranteed. If you are not satisfied with your iHear hearing device, you have 45 days from the date of shipment to return it and qualify for a full refund.

Unless otherwise required by law, all iHear hearing devices sold may be returned within 45 days from the date of shipment (the “trial period”). If for whatever reason you are not satisfied with your hearing device, you can return it to us for a refund of the full purchase price less return shipping fees. You may be charged a restocking fee as described below. Upon inspection of the returned hearing device, we will issue the refund to your original billing method. iHear will not refund hearing devices that were modified, damaged through no fault of iHear, or if repairs have been made without the written consent and knowledge of iHear.

Accessories, such as programming kits, batteries, and ear tips, may be returned within 45 days from the date of shipment. Upon inspection of returned accessories, we will issue a refund for the full purchase price less return shipping fees and a restocking fee as described below.

A standalone purchase of the iHearTest kit may be returned within 45 days from the date of shipment only if unused. Upon inspection of a returned iHearTest kit, we will issue a refund for the full purchase price less shipping fees and a restocking fee as described below. iHear will not refund a standalone purchase of an iHearTest kit that has been used.

Restocking Fees

Standard restocking fees. iHear hearing devices will not be assessed any restocking fees if a Return Merchandise Authorization (RMA) is requested and approved in the time period commencing after a minimum trial period of 21 days and ending 45 days after shipment. Accessories, programming kits, and unused iHearTest products will be assessed a fifteen percent (15%) Restocking Fee.

Early return fees. Return requests for hearing devices prior to 21 days from date of invoice will incur a fifteen percent (15%) Early Return Fee. For hearing device purchases, iHear requires a minimum trial period of 21 days to allow your brain to acclimate to the new hearing device.

Unauthorized return fees. All products must include a RMA number for proper processing. Products returned without a RMA number, if accepted upon inspection, will incur a twenty percent (20%) Unauthorized Return Fee. iHear reserves the right to refuse refunding any portion for returned products without a RMA number.

Out of fitting range fees. The iHEAR MAX and Eva are not suitable for profound hearing losses. The iHEAR HD is not suitable for severe or profound hearing losses. If a refund is requested for an iHEAR hearing device with published fitting range not covering your hearing loss, iHEAR hearing devices will be assessed a twenty percent (20%) Restocking Fee. For example, if you purchase an iHEAR device targeting mild to severe loss (iHearTest score 2 through 4), and your hearing loss has been determined to be in the profound range (iHearTest score 1), a twenty percent (20%) Restocking Fee will apply. iHear recommends sending your iHearTest score or audiogram report to an iHEAR hearing professional at [email protected] for an assessment prior to purchase of an iHEAR hearing device. You may also review the published fitting range of iHEAR hearing devices or call customer support at 1-844-IHEAR44 (1-844-443-2744) to assess the suitability of iHEAR hearing devices for your hearing loss.

Troubleshooting

If you are returning your product(s) during the 45-day trial period because they stopped working correctly or you are having any other issue, contact customer support at 1-844-IHEAR44 (1-844-443-2744) for assistance.

Return Process

Product(s) must be returned to iHear within 14 days from the date of issuance of a RMA number (the “RMA date”). Any product(s) received after 14 days from the RMA date will not be accepted, and the product(s) will be returned to you. If RMA occurs within the trial period, the trial period will be extended by 21 days.

Before returning your product(s), you must obtain a RMA by contacting customer support at [email protected] or 1-844-IHEAR44 (1-844-443-2744. Once you have received a RMA number, please follow the steps below:

1. Print the product return form downloadable online or as provided by customer support.
2. Complete the product return form and print. Ensure that the RMA number is included.
3. Put the product return form and the product(s) in the original product package. Use protective material to protect the product(s) from damage.
4. Seal the package and mail it to the following address:

ATTN: Returns

iHear Medical, Inc.
15250 Hesperian Blvd. Suite 102
San Leandro, CA 94578

Phone: 1-844-IHEAR44

5. Insure the package for an amount equal to the purchase price and/or get a tracking number and/or have signature confirmation to ensure it gets delivered to us. We cannot be held responsible for any lost or damaged shipments and will not accept products damaged in shipment.

Reselling Products Prohibited

You are absolutely prohibited from reselling in any manner any products you purchase from iHear, whether you purchased the products through the website or by any other means.

International Use

Buying iHear products from or shipping iHear products to locations outside of the USA is prohibited. In addition, iHear will not provide customer support, shipping or warranty services if you are located outside of the United States. Access to iHear’s online services from outside of the United States is not recommended and any international use of iHear products or online services is at your own risk. iHear is not responsible for improper operation of iHear products or online services from outside the United States.

Adjustments

If you are not fully satisfied with the sound quality or amplification settings on the hearing aid after the initial tuning, the device might require follow-up tuning available on our website (www.ihearmedical.com). Details regarding the initial and follow-up tuning are available in the user manual.  You may also contact customer support at 1-844-IHEAR44 (1-844-443-2744).

Reviews, Comments, Communications and Other Content

You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant iHear a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant iHear and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify iHear for all claims resulting from content you supply. If you use a public forum, you are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party.

Warranties (Website)

Neither iHear nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site or their operation will be accurate, reliable, uninterrupted or error-free.

Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the products available on the Site and the accuracy of the information contained within your account or within the Site. iHear makes no warranties about the accuracy, reliability, completeness or timeliness of the Site’s content, software text, graphics, and links, or about results to be obtained from using the Site or iHear’s services.

If your use of iHear products or services results in the need for servicing or replacing property, material, equipment or data, iHear is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of iHear. iHear reserves the right to change or discontinue at any time any aspect or feature of the Site. iHear does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk.

You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of iHear. Accordingly, iHear assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

Warranties (Products)

iHear provides a standard limited one (1) year manufacturer’s warranty to the original purchaser of the product sold, starting on the date of shipment of the product. iHear provides a two (2) year limited manufacturer’s warranty only with purchase of a 2-year VIP Complete Care Package, starting on the date of shipment of the product. iHear’s limited manufacturer’s warranty covers defects in parts, materials and workmanship. If, after examining the returned device(s), iHear determines that the product(s) failed to work due to defective parts, materials or workmanship, iHear at its option will repair or replace the device at no charge except for shipping to and from the point of service. It is the purchaser's responsibility to return the product(s) directly to iHear after receiving a return merchandise authorization (RMA). The warranty will not be valid if the product(s) have been modified or damaged by the user (e.g. physical shock, damage from moisture or sweat, excessive wax build-up, liquid exposure, or tampering with the instrument) or if repairs have been made without the consent and knowledge of iHear.  Additionally, the warranty will not cover accidents, misuse, carelessness, and/or improper maintenance resulting in failure of the product(s). Please contact customer support at 1-844-IHEAR44 (1-844-443-2744) to obtain a RMA before shipping a device to iHear. Once iHear receives the device, the RMA will be processed within approximately 10 days.

Hearing Device Loss & Damage Protection Plan

Under this Plan, iHear will provide a one-time replacement of your iHear hearing device if has been lost or damaged. This plan is refundable within the 45 day trial period of the associated iHear hearing device. This plan must be selected at the initial purchase of the hearing device, or within 14 days of initial purchase.  Click here to see the full policy for the Hearing Device Loss & Damage Protection Plan. This coverage is in addition to the iHear warranty, which covers the hearing device for defects.

Professional Programming Service

iHear offers a professional programming service for customizing an iHear hearing device according to an audiogram or iHearTest result. For iHear to ship the device pre-programmed, the professional programming service must be ordered at the time of purchase of the iHear hearing device. If the professional programming service is purchased after placing the hearing device order, iHear will program your hearing device remotely after you receive your hearing device. You must install and setup iHear’s software and connect iHear’s programming hardware to a computer for remote programming of your hearing device.

If you purchase the professional programming service, you must submit an audiogram or take the iHearTest within 14 days of purchase and notify iHear customer support at [email protected] or 1-844-IHEAR44 (1-844-443-2744). If an audiogram or iHearTest result is not received within 14 days, iHear will cancel your purchase of the professional programming service and your hearing device order will be shipped to you with iHear’s standard program. You may program your device using iHear’s software yourself or with assistance from iHear’s professional support.

Starter Package

From time to time, iHear may offer the Starter Package plan, in which iHear will defer a portion (the “Starter Package Balance”) of the cost of a qualified iHear hearing device package purchase. The portion of the cost that is not deferred must be paid upfront (the “Initial Paid Amount”). A qualified purchase must include at least one iHear hearing device. A qualified purchase may also include certain accessories and upgrades purchased along with the iHear hearing device, such as a programming kit, professional support services, or loss & damage protection. iHear will not defer the cost of certain accessories and upgrades, such as the professional programming service. You will see the Initial Paid Amount and the Starter Package Balance in your cart at checkout. The Starter Package Balance will be due 30 days from shipment of the iHear hearing device package purchase, at which time your selected payment method will be charged. The Starter Package is limited to one purchase per customer. iHear reserves the right to limit availability of the Starter Package plan.

If iHear is unable to charge your selected payment method when the Starter Package Balance is due, iHear will attempt to contact you by the contact methods you have provided. If iHear does not receive payment of the Starter Package Balance within 7 days of contacting you, iHear reserves the right to disable your iHear hearing devices and/or limit your ability to use iHear’s software and support services. iHear also reserves the right to charge a late fee and expenses associated with recovery of the Starter Package Balance.

The Starter Package is subject to iHear’s standard return policy. If for whatever reason you are not satisfied with your hearing device product, you can return it to us for a full refund within 45 days from the shipment date (the “trial period”). For refund requests received within the trial period, the Starter Package Balance will not be charged, unless the returned hearing device products has failed inspection, or the hearing device has not been received by iHEAR within 7 days of the return authorization. Upon passing inspection of the returned hearing device product, we will refund the amount paid and cancel the Starter Package Balance. iHear will not refund the Initial Paid Amount and will charge the Starter Package Balance for hearing device package products that were modified or damaged through no fault of iHear, or if repairs have been made without the written consent and knowledge of iHear. iHear will not refund fees for professional programming service for a hearing device.

If there is an approved RMA for a Starter Package within the trial period due to a product defect, the trial period will be extended by 21 days.

VIP Complete Care Package

The VIP Complete Care Package includes a set of products and services, including a pair of hearing devices, a programming kit, loss and damage protection, professional support, professional programming service, battery packs, and ear tips. You may select a package period for the VIP Complete Care Package of 1 year or 2 years. The package period refers to the supply term for battery packs and ear tips, as well as the service term for the loss and damage protection, professional support, and warranty coverage. The set of products and services in the VIP Complete Care Package are for the purchaser’s own use, and are non-transferrable and no substitutions may be made.

The 1-year VIP Complete Care Package includes a supply of battery packs and ear tips that have been rated to last for 1 year under normal usage, defined herein as 14 hours of daily use and powering off the devices when not in use. The supply of disposables may not last for 1 year with above normal usage, and you will be responsible for the purchase of additional battery packs and/or ear tips that may be required should you exhaust the provided supply within 1 year.

Similarly, the 2-year VIP Complete Care Package includes a supply of battery packs and ear tips that have been rated to last for 2 years under normal usage, defined herein as 14 hours of daily use and powering off the devices when not in use. Above normal usage may necessitate the purchase of additional battery packs and/or ear tips, which you will be responsible for. If you purchase the 2-year VIP Complete Care Package, iHear will extend your warranty coverage by 1 year for a total of 2 years of warranty coverage. All other terms and conditions of iHear’s warranty policy still apply.

VIP Complete Care Package orders will ship with a pair of hearing devices, a programming kit, and a limited supply of battery packs and ear tips. During your trial period, you must inform iHear of your preferred ear tip size. iHear cannot ship additional battery packs or ear tips until this selection is received. Upon completion of the trial period, iHear will periodically send you additional battery packs and ear tips based on your package period.

The VIP Complete Care Package is subject to iHear’s standard return policy. If for whatever reason you are not satisfied with your hearing device product, you can return it to us for a refund within 45 days from the shipment date (the “trial period”). Upon passing inspection of the returned hearing device product, we will refund the amount paid less any applicable restocking fees to your original billing method. If your iHearTest score indicates that the iHEAR hearing device you selected is outside of your fitting range, you may return the VIP Complete Care Package for a full refund less the cost of the iHearTest. iHear will not provide refunds for hearing device package products that were modified or damaged through no fault of iHear, or if repairs have been made without the written consent and knowledge of iHear. iHear will not refund service fees for professional programming of a hearing device, if applicable.

Limitation of Liability

In no event will iHear or its affiliates, or any party involved in creating, producing or delivering this service, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. iHear reserves the right to alter the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if iHear has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.

Indemnification

Upon a request by iHear, you agree to defend, indemnify and hold iHear, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Products in a manner that violates or is alleged to violate these Terms and Conditions.

Software

You agree to our End User License Agreement (EULA). Please review our EULA and Third Party Software Agreement, which govern your use of the iHear Test Application, HD Settings, and/or the iH TUNER Application, other computer software, and, as applicable, associated media, databases, printed materials, web services, and “online” or electronic documentation.

Links

Occasionally, we may make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.

Copyrights

iHear retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on the Site.

You may, however make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from iHear or the copyright owner of the copied material.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of iHear.

Trademarks

All rights in the product names, company names, trade marks, service marks, slogans, logos, product packaging and designs (“The iHear Marks”) of all iHear’s or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to iHear or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. You may not use the iHear Marks without written authorization from iHear and by using the Site, you acknowledge that the iHear Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.

Termination

You agree that iHear may terminate your use of the Site for any reason, with or without notice to you. You also agree that iHear may modify or discontinue the Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with iHear, or in any way relating to your use of the Site or Products (“Legal Action”), shall be the courts of California, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of Northern California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to iHear must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notification of Changes

iHear reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Site or Products after the posting of modifications to the Terms and Conditions will constitute your acceptance of this agreement, as modified. If at any time you do not wish to accept this agreement, you are not thereafter authorized to use the Site or Products.

Survival

The provisions “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.

Questions

If you have any questions about these Terms and Conditions please contact iHear at [email protected] or call 510-276-4437.

Medical Waiver

When purchasing a hearing aid from iHear, you acknowledge that you are 18 years of age or older and that you have been advised by iHear that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. Federal law also permits a fully informed adult to sign a medical waiver statement declining the medical evaluation. The exercise of such a waiver is not in your best health interest and its use is discouraged. iHear Medical will not sell a hearing device to you unless you either (1) obtain a signed medical clearance, or (2) review and accept the medical waiver statement. By accepting the medical waiver statement, you certify that you do not wish to have a medical evaluation before purchasing a hearing aid. Click here to view iHear’s medical waiver forms.