Terms and Conditions

1. General Provisions

This document sets out the terms and conditions (“Terms”) of hearX (“hearX, we, our or us”) governing the access and use of the information, content, products, services and functions provided across all digital and physical assets owned and/or operated by hearX (collectively, the “Services”). Such Services include, but are not limited to, the website at www.hearxgroup.com (the “Website”), our mobile applications (including the hearX Cloud and App), and any other asset or platform that facilitates interaction with you.
By purchasing, subscribing/purchasing a license to or using the Services, or accessing the Website, you ("User(s)") agree to these Terms. If you disagree with any of the Terms, you must immediately stop accessing the Website and use of the Services. The Services are intended for persons 18 years and older. By continuing, you confirm that you are at least 18 years or older.

We may change or modify these Terms at any time. Changes become effective when they are posted on this Website. It is your obligation to review the Terms periodically for updates. Your continued use of the Services or the Website shall be deemed as acceptance and agreement to the revised Terms. In the event that an amendment impacts the purpose for which personal information was collected, prior notice shall be provided to you. Please refer to our Privacy Policy for more details.

Users located in the European Union (EU) and/or the United Kingdom (UK), or those using the Website or Services within these jurisdictions, are required to fully read, understand, and agree to these Terms and Conditions before use, providing any personal information, or further accessing the Website. Please contact us for more information When contacting us by phone, please note that all calls to our service are monitored for training, security, and quality assurance purposes, and national call rates apply. These Terms form the basis of the legal relationship between you (User) and us under which we agree to provide you with the Services.

2. Use of Website and Security

The Website is intended solely for browsing content and making legitimate purchase inquiries. Its use for any other purpose, including, but not limited to, speculative, false, or fraudulent purchases, is strictly prohibited. You hereby agree that the Website and the content provided therein shall not be copied, reproduced, translated, adapted, varied, modified, leased, licensed, republished, uploaded, posted, transmitted, distributed, encumbered, or otherwise dealt with in a manner inconsistent with the intent and purpose of these Terms; decompiled, disassembled, or reverse-engineered; used to write or develop any derivative of the Website or any other software program based on the Website; provided, disclosed, divulged, made available to, or used by persons other than the User without hearX's prior written consent; used to remove any identification, trademark, copyright, or other proprietary notices; used to post or transmit (via reviews, comments, suggestions, ideas, questions, or other information) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane, hateful, or racially, ethnically, or otherwise objectionable; and/or used for any purpose other than personal, non-commercial, and informational purposes, notwithstanding anything to the contrary in these Terms.

You further agree that 'deep-linking,' 'embedding,' or using analogous technology is strictly prohibited and unauthorized use of this Website or the materials contained herein may violate applicable copyright, trademark, other intellectual property laws, or other laws.
To ensure the security and reliable operation of the Services, we reserve the right to take any action we deem necessary to preserve the security, integrity, and reliability of our network and back-office applications.

You must not use the Website in any manner that may compromise the security of hearX's networks or tamper with the Website whatsoever. This expressly prohibits, without limitation, gaining or attempting to gain unauthorized access to the Website, or delivering or attempting to deliver any unauthorized, damaging, or malicious code to the Website. Any User that violates, or attempts to violate, the Terms herein shall be subject to criminal prosecution.
In the event hearX suffers any loss or damage as a consequence of such actions, hearX explicitly reserves the right to pursue all available legal and equitable remedies, including, but not limited to, the initiation of civil claims for monetary damages against the offending User.

3. Warranties, Limitation of Liability and Indemnification

The Website and all content contained therein is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. This explicitly includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Website owner, authors, and all affiliated parties (collectively, the "Providers") do not represent or warrant the safety, reliability, accuracy, completeness or current nature of the content. The Providers expressly disclaim any and all liability and responsibility for errors or omissions in the content.

The User assumes the entire risk associated with the transmission of any information over the internet, including, but not limited to, electronic mail. The Providers shall not be held liable for any resultant loss or damage incurred from such transmission.
The Providers' sole and exclusive liability for a documented Website malfunction shall be limited to the good faith rectification of such malfunction within a commercially reasonable period, provided that the User has furnished immediate notice of the defect. This limited liability shall be voided if the User or any third party attempts to modify or repair the Website without the Providers’ express prior written authorization.

The Providers shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages whatsoever (including, without limitation, damages for loss of data, loss of profits, or business interruption) arising out of or in connection with (i) the inability to use the Website, or (ii) the correct or incorrect use, abuse, or misuse of the Website’s content, regardless of the cause of action.
The User hereby unconditionally and irrevocably agrees to indemnify the Providers and hold them harmless against any and all losses, damages, claims, and costs (including legal costs on a full indemnity basis) suffered as a direct or indirect consequence of the User’s access or use of the Website; software or Services supplied or modified by the User or any third party without the Providers' written consent; the User’s breach of any term or condition of these Terms; actions or omissions by any telecommunications authority or supplier; and/or any unavailability or interruption of the Services or the Website due to circumstances beyond the Providers' reasonable control. Notwithstanding any other provision herein, the use of this content is prohibited in any jurisdiction where this disclaimer or any part thereof cannot be lawfully enforced to its fullest extent.
You expressly acknowledge and agree that your use of our Website and/or Services (including any products) is entirely at your own risk, and you assume full and complete responsibility for any and all loss, injury, damage or harm that may result.

To the maximum extent permitted by law, hearX, its affiliates, agents and employees shall not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, special, direct, indirect, consequential, or punitive damages, or for loss of profits, arising from or relating to your use, inability to use, or misuse of the Services or the data collected. Our total and cumulative liability for any loss or damage arising under this Agreement shall not exceed the total Fees actually paid by you to us for the specific services to which the loss or damage relates.

Furthermore, you unconditionally and irrevocably agree to indemnify and hold hearX harmless from any and all costs, claims, liabilities or damages suffered as a direct or indirect result of your use of our Services, your failure to comply with these Terms, or your failure to adhere to applicable laws and government regulations.
It is your sole responsibility to ensure that the Services are used strictly within their intended purpose in your specific market and that you possess all necessary certifications, qualifications, and regulatory approvals for your desired use.

Please note that the hearDigits widget provided on this Website is solely for demonstration purposes and shall not be considered a substitute for, or form part of, professional medical advice, diagnosis, or treatment. You must always seek the advice of a healthcare professional or other qualified health provider with any questions you may have regarding a medical condition.
In the event that product calibration is required, the User shall be responsible and liable for all fees pertaining to such calibration and shall ensure that the products are timeously calibrated, prior to any further use of thereof.

4. Provision of Software Services and User Obligations

The Software Services, owned and/or operated by hearX, comprise of the websites, hearxgroup.com and hearxcloud.com; hearX Cloud software suite (including hearScreen, hearTest, hearTest Occ Health, hearDigits, hearX Self Test Kit, hearOAE) and any other assets as added from time to time; our Web-based software and online portals, including hearDigits, hearXCloud and the hearX App; our partner product, Vula Mobile Visual Acuity Software (exclusively sold in South Africa).
The Services are designed with the assumption that certain security and operational controls, referred to as Complementary User Entity Controls (CUECs), will be implemented by the User. Users agree to establish, implement and be responsible for the following CUECs to provide additional assurance:

• understanding and complying with their contractual obligations to hearX and are responsible for notifying hearX of changes made to technical or administrative contact information;
• maintaining their own system(s) of record and are responsible for ensuring the accuracy and fitness for the purpose of any data stored and/or used in relation to the Services;
• ensuring the supervision, management, and control of the use of the Services by their personnel and are as a result responsible for allocating user accounts to their personnel and deprovisioning these accounts when access is no longer authorized;
• specifying the retention period of data stored and/or used in relation to the Services and are responsible for developing their own disaster recovery and business continuity plans that address the inability to access or utilize the Services. This includes the responsibility for maintaining an adequate backup of such data;
• immediately notifying hearX of any actual or suspected information security breaches, including compromised user accounts, including those used for integrations and secure file transfers;
• the input, processing and output of data subject information and own all rights related to user data (including, but not limited to data subject’s privacy data) and have the responsibility for its accuracy and reliability;
• determining the purpose(s) for which and the manner in which the personal information is processed by hearX;
• collecting personal information and are responsible for the collection and storing of explicit consent related to data subject personal information when using the Services;
• retaining personal information to fulfil the stated purposes identified in the user objectives. Therefore Users are responsible for correcting, amending, or appending personal information based on information provided by data subjects as well as informing them of any denial to make corrections and reason for such denial;
• obtaining explicit consent from data subjects to disclose personal information to third parties;
• creating and retaining a complete, accurate and timely record of authorized disclosures of personal information to meet their objectives related to privacy. In addition, Users are responsible for creating and retaining a complete, accurate, and timely record of detected or reported and unauthorized disclosures (including breaches) of personal information to meet their objectives related to privacy;
• obtaining privacy commitments from vendors and other third parties who have access to personal information to meet the User objectives related to privacy. Users are responsible for assessing those parties’ compliance on a periodic and as-needed basis and taking corrective action, if necessary. In addition, Users are responsible for obtaining commitments from vendors and other third parties with access to personal information to notify the User in the event of actual or suspected unauthorized disclosures of personal information. Such notifications should be reported to appropriate personnel and acted on in accordance with established incident response procedures and applicable regulations;
• providing notification of breaches and incidents to affected data subjects, regulators, and other applicable parties to meet the User objectives related to privacy and applicable regulations;
• providing data subjects with an accounting of the personal information held and disclosure of the data subjects’ personal information, upon the data subjects’ request;
• collecting and maintaining accurate, up-to-date, complete, and relevant personal information to meet the User objectives related to privacy and applicable regulations.

You agree to indemnify hearX against all losses, damages, claims, and costs resulting from your use or misuse of our Services and/or data, or your failure to comply with these Terms, applicable laws, or regulations. The Services are provided solely for your use. No products, data and/or results may be resold to, or used by any third party. No transfer of online portal or test device login details to other parties is permitted. You are solely responsible for securing the integrity of your password, including ensuring its complexity and changing it periodically.

In the event that you request any modifications pertaining to our Services, for e.g. the Mobile Device Management (MDM) system, or request changes in access, adding additional third-party applications, or device unenrollment, it is your sole responsibility to initiate and oversee such modifications and adjustments as requested and you undertake to indemnify us against any/all possible claims which may arise in whatsoever form.

The User shall provide hearX with all reasonable cooperation in all matters relating to provision of the Services and furnish such information and materials as hearX may reasonably require for the due performance of the Services. We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the core nature of the Services.

5. Use of Screening, Testing, Patient and Facility Data

By uploading your screening, testing, patient, and facility data to the Services you warrant that you have obtained the necessary consent from your patients, explicitly consent to the information being processed by us for the purpose of providing you with the Services and for the data to be used in anonymous/de-identified and aggregate format for medical, clinical, and commercial research, as well as for testing and refinement of the Services. To facilitate this, you grant us a transferable, sub-licensable, royalty-free, perpetual, worldwide license to use any of the anonymous and aggregated data you upload.

Please note that the data may be reviewed by our employees or by third-party consultants engaged by us. Any third-party service providers we use are held to privacy obligations similar to those outlined in these Terms. If the contract for Services is terminated, your account will be suspended and remain dormant. During this period, we will retain and protect your personal information, and your data will continue to be used in anonymised and aggregated format for medical, clinical, and commercial research, and for testing of the Services software. If you elect to permanently delete your account, we will retain your personal information according to our established data retention periods.

6. Service Scope and Limitations

The functionalities of the Services are described on the Website from time to time, with the intention for professional follow up consultation with a qualified health care service provider after initial tests or screenings are conducted. The Services only flag potential hearing problems and are not intended as a full diagnostic tool.
The provided hardware set (where applicable) is ISO-calibrated; however, your reliance on this calibration is at your own risk. You remain responsible for ensuring compliance with regional standards and for the timely annual re-calibration of the headsets.

The User is responsible for ensuring screenings or tests are performed in a controlled environment with acceptable ambient noise levels and for ensuring patients are correctly informed as to how a screening or testing is performed and what feedback is required of them during a screening/test. If you or your patients/test subjects receive screening or testing results via email or SMS, you agree to advise them to consult an independent medical professional for advice and appropriate follow-up, as appropriate.

Our Services shall not be considered a substitute for professional medical advice, diagnosis or treatment . Do not delay or disregard professional medical advice based on the Services. Use of the Services may involve processing of sensitive medical and personal data, potentially including information from minors. Users must fully comply with all applicable territorial laws governing the collection, storage, analysis, interpretation, and manipulation of this data.

7. Modification, Suspension and Termination of Services

We reserve the right to modify, suspend or temporarily/permanently withdraw the Website and/or Services, or any part thereof, at any time, without liability to you or any third party. Any changes become effective immediately upon publishing to the Website.
Your continued use of the Services and/or Website shall constitute your deemed acceptance and agreement to the revised Terms. Should you disagree with any such changes, you must immediately cease all use of the Website and/or Services. We reserve the sole discretion to change pricing, promotions, discounts, and offers.

We are entitled, without prejudice to any other rights or remedies, to immediately modify or cancel these Terms, limit, disable, or deny your use of the Website and/or Services, or seek specific performance, upon your breach of any provision of these Terms; your infringement of any applicable law; and/or your failure to pay applicable license fees. Any such breach shall further entitle us to take immediate action without prior notice, and you hereby agree to reimburse hearX for all associated legal costs incurred in full.

8. Ownership, Reservation of Rights and User Restrictions

Intellectual Property (IP) covers all current and future proprietary rights worldwide, including technology, code, trade secrets, logos, trademarks, patents and copyrights that LXE Hearing, Inc. (including hearX and all other affiliates and subsidiaries) owns or controls. LXE Hearing, Inc. owns or licenses all IP and proprietary rights in the content, software, data, logos, text, graphics, designs and multimedia works published on or via the Website and/or related to the Services (collectively, the “Proprietary Material”). All rights not expressly granted to the User are reserved. No right, title or interest in any Proprietary Material from the Services and/or Website is transferred to the User. The User is strictly prohibited from, and acknowledges that they may not copy, reproduce, modify, alter, disassemble, reverse engineer, decompile or retransmit any Proprietary Material, directly or indirectly, without the express written consent of hearX. The User may only view, download and/or print Website content for personal, non-commercial and informational purposes.

9. Privacy Policy

We respect your privacy and will take all reasonable steps to protect your personal information. By submitting your personal information and interacting with our Website and/or Services, you give us permission to use and transfer your personal information as set out in our Privacy Policy (which is incorporated herein by reference).

10. Contact Details

Ground Floor, Building 2, Ashlea Gardens Office Park,
180 Garsfontein Road, Ashlea Gardens,
0081, Pretoria, South Africa
info@hearxgroup.com

Support (between 7am - 4pm EST)
USA: +1 (415) 649-5732
South Africa: +27 (646) 108-897

General inquiries (2am - 11am EST / 8am - 5pm SAST)
USA: +1 (415) 825-7014; +1 (415) 649-3059
South Africa: +27 (120) 300-268

11. Notices

Notices must be sent to hearX at legal@hearxgroup.com and to you at your provided email address. Email notice is effective 48 hours after sending (unless notified of an invalid address). Alternatively, hearX may use registered mail to your provided address, which is effective 7 working days after mailing. You agree all legal and Terms-related communications can be sent electronically and are considered "in writing." Crucially, any written notice actually received by a party is considered adequate, regardless of the method or address otherwise specified.

12. Charges and Payment

Upon completing a purchase from us, legal obligations arise, and your entitlement to a refund of funds charged to your credit card or remitted through any other mutually agreed-upon payment method is subject to the limitations set forth in our Terms.

You must not contact a sales representative in order to make a purchase through this Website unless you understand and agree to all the Terms. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this Website.

The prices/fees for the Services are stated on the Website or the Quotation/Invoice supplied to you (“Fees”). The Fees you will pay will be those stated at the time you subscribe/purchase a license to the Services. Quotations shall remain valid only for the indicated period (not exceeding one month) unless otherwise agreed by hearX in writing.
There are various payment options available depending on the products chosen. Certain costs are payable in advance (e.g. hardware), while annual software licenses can either be paid upfront or on a monthly basis for a period of 12 months. Software licenses do not automatically renew. If you are unsure about the type of Service or recurrence of payment which you are subscribing/purchasing a license for, it remains your responsibility to contact us for clarity before purchasing such goods.

Without prejudice to its other rights or remedies, hearX shall have the right to immediately terminate any software license if you breach any of the terms of this Agreement, in its sole discretion, at any time. No refunds will be given for any fees paid in the event of such termination and your access to the Services will be disabled immediately

All license fees are non-refundable, even if you stop using the Services or if you elect to cancel the license before the license term has expired. Your license will continue until you choose to formally cancel. Licenses are available for a minimum period and are required to be cancelled at least 7 days prior to your next billing date. We are unable to provide refunds for licenses or unused test credits.

After cancelling, you will still have access to your account for the remainder of your billing cycle. You will no longer have access to use the hearX applications on your device once your license term has expired. Access to the cloud platform i.e. hearX Cloud remains free.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically and your right to use the Services shall cease and be disabled immediately.
We reserve the right to change our pricing at any time, without any prior notice. We accept payment by credit card and electronic funds transfer. For more information about how to order, or for special order requirements and other payment options, please contact us.

13. Third Party Links

For your convenience, we may provide links to third-party websites or resources. You acknowledge and agree that hearX is not responsible for the availability, content (including any false, misleading, or defamatory material), privacy practices, products, or services of these external sites. Any engagement, transaction, or interaction you have with a linked website is solely between you and that third party. You agree that hearX shall not be liable, directly or indirectly, for any damage, loss, or offense caused by or connected with your use of or reliance on any content, goods, or services available on these external websites. While we aim to link to reputable partners, external websites or pages are not under the control of hearX.

14. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

15. Shipping Policy

Title to and risk of loss for all products transfer to you upon the order's departure from our premises. You are solely responsible for providing an accurate and complete shipping address. Order processing is contingent upon our confirmation of the order and receipt of full payment. Dispatch lead time is dependent on stock availability. While we shall exercise commercially reasonable efforts to ensure timely shipment, we shall not incur any liability for delays resulting from circumstances beyond our reasonable control, including, without limitation, delays caused by acts of God, natural disasters, war, terrorism, strikes, labour disputes, civil unrest, epidemic or pandemic, governmental action, material shortages and/or customs processes. We will notify you via email with a revised schedule in the event of such delays. Should a package be undeliverable, we will contact you to arrange for re-shipment. For international orders (outside of South Africa), you shall be responsible for all applicable shipping costs, including customs clearance, duties, fees, taxes, initial delivery and all subsequent calibration costs. If material changes to the Services are necessitated by the shipping location, we will notify you and offer the option to cancel the order for a pro-rata refund.

16. Cancellation, Return and Refund Policy

You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for below.
Cancellations of hardware orders (either in whole or in part) must be done before your receipt thereof and within seven (7) business days of purchase by contacting our sales team at sales@hearxgroup.com. Please note that a penalty fee of 10% of the purchase price will apply to any cancellations. If timeously cancelled, you will be refunded the purchase price (including delivery charges), less the 10% penalty fee. If a sale is only partially cancelled, you agree that you shall be liable for any additional re-calculated delivery charges on your revised order if such charges exceed original delivery fees.

If your order is not delivered within 30 days after purchase or such other timeframe as may be agreed upon, please contact sales@hearxgroup.com. Should a product be temporarily out of stock, hearX will notify you thereof, whereupon you may choose to either cancel the order for a refund, or maintain your order subject to a later delivery date as may be agreed. Should a product that you’ve ordered be discontinued/permanently out-of-stock, hearX will contact you to arrange a refund.
If the incorrect product is delivered to you, do not remove the product from its original packaging, open or use the product in any way. Please promptly contact us at sales@hearxgroup.com.

Do not accept delivery of any visibly damaged product. For concealed damage discovered after acceptance (e.g., a cracked screen), you must report it to us within forty-eight (48) hours of receipt. You agree that damage reported after this 48-hour window will be deemed to have occurred post-delivery.

Returns of non-defective products must be arranged within thirty (30) days of your receipt thereof. Return shipping will be at your own cost. No refund will be given for any shipping and/or handling costs or any taxes or duties which were paid on import/export. To qualify for a refund, the product must be returned as-new, in the condition received. Do not use or remove the product from its original packaging or remove any adhesive screen covers. You agree to be liable for any damage to the product (including its packaging) while in your possession. We reserve the sole and absolute discretion to determine whether any refund, either in whole or in part, shall be provided on any purchase after the thirty (30) day period.

If you believe your product is defective, please contact us at sales@hearxgroup.com to arrange for return and inspection. You agree that we reserve the sole and absolute discretion to determine if a product is indeed defective. If the product is confirmed as defective, we will contact you to arrange for a repair, replacement, or full refund. Please note, if the product is found not to be defective, you will be required to pay the associated shipping costs to return the product to you.

A product will not be considered defective if the fault is due to normal wear and tear, or if the product has been altered, repaired, misused by you or an unauthorized party in any way, including, but not limited to, damage from impact, sand, liquid/moisture, dropping, tampering, battery/chemical corrosion, damage from connected equipment, or use of the product or any part thereof contrary to the instructions for use.

Return Process:

To return a product, email sales@hearxgroup.com with your reason for return, whereafter you will receive a Returns Authorization Number (RA Number) and shipping instructions. For your return to be accepted, all products must be returned along with the original packaging, including all accessories, with the RA Number clearly visible on the parcel. Items without an RA Number may be sent back to you at your expense. Please ensure that the products are appropriately protected and packaged for the return shipping process.
Should you be entitled to a refund, a handling and repackaging fee of up to 20% may be charged at our discretion. All refunds shall be effected in the same manner as the original payment (i.e., by processing a credit against your credit card or payment to the bank account from which funds were received).

17. Governing Law

These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Copyright © 2025 LXE Hearing, Inc. All rights reserved.