Between: you, and Confluence Works LLC (“we,” “us”), operator of the Hearing Health iOS application (“the app”).
1. Agreement
You accept these Terms and our Privacy Policy (securehearing.com/privacy) by tapping “Agree and Continue” when you first open the app, or when the app asks you to accept an updated version. If you obtained the app from Apple’s App Store, these Terms also serve as the app’s end-user license agreement. If you do not agree, do not use the app. These Terms include a binding arbitration agreement and class action waiver in Section 12, which you may opt out of within 30 days as described in Section 12.7. You must be at least 18 years old to use the app (Apple’s hearing test, which produces the data the app reads, is designed for adults 18 and older).
2. What the app is — and is not
The app helps you view, understand, and share hearing test results recorded by Apple’s hearing test, provides general information about how hearing care is commonly paid for, and describes the ways people commonly obtain hearing aids, with links to third-party sellers, manufacturers, directories, and resources.
The app is educational, not medical. It does not diagnose hearing loss or any other condition, does not provide medical advice, does not recommend treatment, and is not a medical device. The explanations it generates describe your test results in standard descriptive terms — they are not a clinical assessment of you. Only a licensed hearing professional can provide that. If you experience sudden hearing changes, hearing loss in one ear, ear pain, ringing in your ears, or dizziness, see a licensed audiologist or physician promptly. Never disregard professional advice, or delay seeking it, because of anything in the app.
Coverage information is not insurance, legal, or financial advice. The “What’s Covered?” screen presents general information about insurance programs, laws, and benefit rules, with citations to sources. This information changes, may not reflect the most current rules, and cannot account for your specific plan or situation. Your plan documents control what your plan pays. Verify any benefit with your plan administrator before making decisions.
The app’s reports are inputs, not prescriptions. PDF reports generated by the app present your Apple hearing test data (air-conduction results only) in a standard clinical format. Whether any provider, insurer, or seller accepts them is that party’s decision, not something we control or guarantee.
The “Find Hearing Aids” screen is a neutral directory, not a recommendation. It organizes the ways people get hearing aids (for example, Apple’s Hearing Aid Feature on eligible AirPods Pro, over-the-counter devices, warehouse-club hearing centers, and prescription devices fitted by a licensed professional) and lists example companies, stores, and resources under each. Listings are descriptive, ordered within each category with non-commercial resources first and sellers alphabetically, and include no paid or sponsored placement; we have no commercial relationship with, and receive nothing from, any listed party, and no listing is an endorsement. Price ranges are approximate descriptions of the market as of the “current as of” date shown on the screen, not quotes, and may be out of date. Where the screen shows notes connecting your test results to a category, those notes describe the hearing ranges that FDA authorization or labeling for that category covers, or how similar results are typically handled; they are educational context, not advice that you buy, or refrain from buying, anything. Any purchase you make is a transaction between you and that seller, under that seller’s terms; we are not a party to it and are not responsible for the seller’s products, prices, service, or website.
3. Your data
The app’s handling of your information is governed by our Privacy Policy — the short version is that everything stays on your device. You control all sharing: when you export or send a report, you are the sender, and you are responsible for choosing recipients and for the accuracy of profile information you enter (such as the name and date of birth that appear on reports).
4. Apple
The app depends on Apple’s HealthKit, Health app, and hearing test features, and links to Apple’s own instructions for its Hearing Aid Feature (which the app describes but does not set up or control). Your use of Apple’s features is governed by your agreements with Apple. Nothing in the app is endorsed by or affiliated with Apple; references to Apple products describe factual compatibility.
If you obtained the app from Apple’s App Store, you and we also acknowledge and agree that:
- These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content. Your use of the app is also subject to the Apple Media Services Terms and Conditions, and these Terms do not conflict with them.
- Maintenance and support. We alone are responsible for any maintenance and support of the app. Apple has no obligation to furnish any maintenance or support services for the app.
- Warranty. To the extent any warranty applies to the app notwithstanding Section 7, we, not Apple, are responsible for it. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, subject to these Terms.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws, including in connection with the app’s use of HealthKit.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must comply with any applicable third-party terms of agreement (for example, your wireless data service agreement) when using the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Direct any questions, complaints, or claims about the app to us using the Contact section below, not to Apple.
5. License and acceptable use
We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (including use by other accounts associated with yours through Family Sharing). You may not reverse engineer the app except as law permits, use it to build a competing dataset or service, misrepresent its outputs as clinical diagnoses, or use it unlawfully.
The app’s software, design, and content (excluding your data and third-party sources cited in the app) are owned by Confluence Works LLC and protected by intellectual property law.
6. Future features
We may offer additional features in the future — for example, optional accounts, verification, or membership services. Any such feature may come with its own terms or an update to these terms and, where it involves your data, its own consent flow, as described in the Privacy Policy.
7. Disclaimers
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP’S INFORMATION — INCLUDING EDUCATIONAL EXPLANATIONS, COVERAGE INFORMATION, AND PROVIDER, PRODUCT, AND PRICING INFORMATION — IS COMPLETE, CURRENT, OR ERROR-FREE, OR THAT THE APP WILL BE UNINTERRUPTED. THIRD-PARTY WEBSITES, PRODUCTS, AND SERVICES THE APP LINKS TO OR DESCRIBES ARE NOT OURS, AND WE MAKE NO WARRANTY ABOUT THEM. YOUR HEARING TEST DATA ORIGINATES FROM APPLE’S HEARING TEST; WE ARE NOT RESPONSIBLE FOR ITS ACCURACY.
Some jurisdictions do not allow certain warranty exclusions, so parts of the above may not apply to you.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONFLUENCE WORKS LLC AND ITS MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM YOUR USE OF OR RELIANCE ON THE APP, INCLUDING HEALTH-RELATED DECISIONS MADE OR NOT MADE, INSURANCE OR PURCHASING DECISIONS, OR ANY DEALINGS WITH THIRD PARTIES THE APP LINKS TO OR DESCRIBES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE PAST TWELVE MONTHS OR FIFTY DOLLARS ($50).
Some jurisdictions do not allow certain liability limitations, so parts of the above may not apply to you.
9. Indemnification
You will indemnify and hold us harmless from claims arising out of your misuse of the app, your violation of these Terms, or your sharing of reports or information with third parties.
10. Termination
You may stop using the app at any time; deleting it removes its local data (your Apple Health data is unaffected). We may terminate or suspend the license in section 5 if you violate these Terms.
11. Changes to these Terms
We may revise these Terms. If we make a material change, we will announce it in the app with reasonable notice before it takes effect and ask you to accept the updated Terms before you continue using the app. Changes to data practices are governed by the stricter standard in the Privacy Policy (affirmative opt-in), which controls over this section wherever the two could be read to conflict.
12. Governing law and dispute resolution
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 12.7.
12.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 12.
12.2 Informal resolution first. Before starting an arbitration or lawsuit, the party raising a dispute must send the other a written notice describing the dispute and the relief sought. Send notices to us at the email or mailing address in the Contact section; we will send notices to the email address you provide, or, if none, by any reasonable means. The parties will then try in good faith to resolve the dispute informally for 60 days from receipt of the notice. Neither party may start an arbitration or lawsuit until that period ends. Any statute of limitations is tolled during it.
12.3 Binding arbitration. If a dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to the app, these Terms, or the Privacy Policy — including their formation, interpretation, enforceability, or scope, and including disputes with our members, officers, agents, and successors — will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures or, if any party’s claim exceeds $250,000 (not including interest or attorneys’ fees), its Comprehensive Arbitration Rules & Procedures, in each case as then in effect and as modified by this Section, and in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses: Minimum Standards of Procedural Fairness (the “Consumer Minimum Standards”). JAMS’s rules and standards are available at www.jamsadr.com. The arbitrator, not a court, decides all threshold questions, including whether a claim is arbitrable and whether this Section is enforceable, except that a court decides the questions reserved to it in Sections 12.4 and 12.8.
12.4 Class action and jury waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding, and may award relief only to the individual party seeking it and only to the extent necessary to resolve that party’s individual claim. To the extent any dispute proceeds in court rather than arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. A court, not the arbitrator, decides the enforceability of this Section 12.4. If this Section 12.4 is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) will be severed and litigated in court under Section 12.9, and the remainder will be arbitrated.
12.5 Procedure, fees, and location. Arbitration will be conducted by a single neutral arbitrator selected under the JAMS rules, in which you will have a reasonable opportunity to participate. Hearings, if any, will be held in the county where you live or by videoconference or telephone, at your election. Each party may obtain non-privileged information relevant to the dispute as the JAMS rules and the arbitrator permit. If you start an arbitration, the only fee you will pay is the $250 consumer filing fee set by the Consumer Minimum Standards, and we will pay all other JAMS filing and case management fees and all of the arbitrator’s fees. If we start an arbitration, we will pay all fees and costs. Each party bears its own attorneys’ fees and costs, except that the arbitrator may award them to you where applicable law would allow a court to do so; you will not be required to pay our attorneys’ fees or costs. The arbitrator may award any individual relief a court could award under applicable law and will issue a written award stating the disposition of each claim with a concise statement of the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.
12.6 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies there, and (b) seek injunctive or other equitable relief in court to stop unauthorized use or abuse of the app or infringement of intellectual property rights. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief against us on your behalf.
12.7 Your right to opt out. You may opt out of arbitration (Sections 12.3–12.5) and the class action waiver (Section 12.4) by mailing us a written notice, postmarked (or, if sent by courier, shipped) within 30 days after you first accept these Terms, to the mailing address in the Contact section, marked “Arbitration Opt-Out.” Opt-out notices sent by email or any other method are not effective. Your notice must include your name and, if you have one, the email address associated with your use of the app, and state that you are opting out. Each opt-out notice must be signed by the individual opting out and may cover only that individual; notices submitted in bulk or on behalf of multiple people are not effective. If you opt out, this Section 12 does not apply to you except Sections 12.1 and 12.9, and neither party will be bound by arbitration; all other Terms continue to apply. Opting out has no effect on your use of the app.
12.8 Mass arbitration. If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same or coordinated counsel, the JAMS Mass Arbitration Procedures and Guidelines and JAMS’s mass arbitration fee schedule, each as then in effect, will apply to those demands in addition to the rules in Section 12.3. Each demand will still be decided individually on its own merits, and no claimant will be bound by the outcome of another claimant’s arbitration. Statutes of limitations are tolled while a demand is pending under these procedures. A court, not an arbitrator or JAMS Process Administrator, decides the enforceability of this Section 12.8; if it is found unenforceable as to any demand, that demand will proceed in court under Section 12.9 rather than in arbitration.
12.9 Courts. Any dispute that is not arbitrated — because you opted out, because it falls within Section 12.6, or because a court has held some part of this Section unenforceable as to it — will be brought exclusively in the state or federal courts located in the State of Delaware, and you and we consent to their personal jurisdiction and venue, except that you may bring a qualifying claim in your local small claims court.
12.10 Changes to this Section. If we change this Section 12 after you accept these Terms, you may reject the change by notifying us in writing within 30 days after the change takes effect, in which case the version of this Section you last accepted continues to apply. No change applies to a dispute for which either party has already given notice under Section 12.2.
13. Miscellaneous
These Terms and the Privacy Policy are the entire agreement between us regarding the app. If any provision is unenforceable, the remainder stands, except as Section 12 provides for the class action waiver. Sections 7, 8, 9, and 12 survive termination. Our failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or substantially all of the assets of the business to which they relate, provided that any assignee or successor remains bound by the Privacy Policy’s commitment that no change moving your data off your device takes effect for you without your affirmative opt-in inside the app.
Contact
Confluence Works LLC
228 Park Ave S
PMB 803797
New York, NY 10003-1502
support@securehearing.com
(201) 279-0598