%20(1).png)
Terms & conditions
Effective: 22nd November 2024
The eargym app (“eargym app” or “the app”) is provided by eargym Ltd. (“eargym” or “we”). By downloading, accessing, or using the App, you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the App.
The eargym app is a smartphone application (app) which provides users (“user” or “you”) with tools for checking hearing health and improving hearing skills through various auditory training games. For more information regarding the app, how it works, the intended user, etc. click here to read the User Manual.
1. Agreement to Terms
After you have downloaded and installed the eargym app on your device, you will have the opportunity to read the Terms. Please read these Terms carefully. By continuing through to the eargym app, and using the eargym app, you acknowledge that you have read these Terms, that these Terms govern your use of the app, and that you agree to them.
2. User Eligibility
2.1. The app is intended for individuals aged 16+; by using the app, you confirm that you are at least 16 years old. eargym have decided users aged 16-18 do not need parent assent and are competent in reading our instructions and using the eargym app.
2.2.The app is intended to be used only by users who can communicate competently in written/spoken English language and who are competent at using a mobile phone and headphones.
2.3 If users need assistance using the eargym app, they can get help from someone else. The eargym app has clear instructions and easy navigation, which can be communicated to the user inquiring any assistance.
3. Account Registration and Security
3.1. You can use the eargym app with or without creating an account. If you decide to create an account, you will be asked to provide some personal data such as your email address. Information on how and for what purposes we process your personal data can be found in our Privacy Policy.
3.2. To access certain features of the App, such as personalised progress tracking and insights, you must create an account by providing a valid email address and creating a password.
3.3. We recommend creating an account to save your history. If you change your phone or uninstall the eargym app for any reason and want to log back into the app to see your historical activity you must create an account first. If you are a subscriber or paying customer you will need to create an account to keep your subscription in these scenarios.
3.4. You agree to provide accurate and up-to-date information during registration and to promptly update this information if it changes.
3.5. You are responsible for maintaining the confidentiality of your account credentials and are liable for any activities that occur under your account. Notify us immediately at support@eargym.world if you suspect any unauthorised use of your account.
4. Subscriptions and Promotional Offers
You can try eargym free first, with ongoing subscriptions on a monthly or annual basis.
eargym offer free periods and discounts; if you have one of these promotions, be aware that your offer may change as we update the product.
Subscriptions are managed by Apple and/or Google so if you would like to cancel your subscription go to your app provider. Users can cancel in accordance with Apple’s and/or Google’s Terms and Conditions.
5. System Requirements
5.1. The eargym app is only available on iOS and Android smartphones running either iOS 12.1+ or Android 10+. To use an Apple Mac, macOS 11.0 or later and a Mac with Apple M1 chip or later is required.
5.2. Users are responsible for ensuring their devices meet the minimum system requirements and for updating their devices as necessary to maintain compatibility with the app.
6. Data Privacy and Security
6.1. Your use of the app is subject to our Privacy Policy, which details how we collect, use, and protect your personal data.
6.2. By using the App, you consent to the collection and use of your data as outlined in our Privacy Policy.
7. User Responsibilities
7.1. Users must ensure the app is used in a safe and controlled environment. It should not be used in situations where distractions could pose a risk to personal safety, such as driving or crossing the road.
7.2. Users must be aware of precautions and remaining risks detailed in the Warnings and Remaining Risks section of the User Manual.
8. Reporting Issues
8.1. If you encounter any malfunctions or incidents while using the app, you can report them through the "Help & Resources'' section within the app or contact our support team via the eargym website here.
8.2. We strive to address and resolve reported issues promptly and effectively.
8.3. Adverse events involving medical devices in England and Wales should be reported using the Yellow Card scheme; more regarding the Yellow Card scheme and where users can report incidents or concerns can be found here.
9. Liability
9.1. eargym will not be responsible (under these Terms or for negligence) for losses that we could not avoid through reasonable actions, were caused by your breach of these Terms, and/or were beyond our control. If we fail to comply with these Terms, we will only be responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
9.2. Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence or wilful misconduct, or any other liability to the extent that such liability may not be excluded or limited as a matter of law.
10. Amendments
10.1. We may amend these Terms at any time by posting the updated terms on our website or within the app. Significant changes that affect your rights will only take effect if you agree to them.
10.2. Continued use of the app after any changes to the Terms indicates your acceptance of the new Terms.
11. Termination
11.1. You can terminate your account at any time by uninstalling the app and ceasing its use.
11.2. We reserve the right to terminate or suspend your account if you violate these Terms or if we discontinue the App.
12. Medical Device Status
eargym is a Class I medical device in accordance with the UK Medical Devices Regulations 2002.
eargym is a Class I medical device in accordance with Medical Device Regulation (EU) 2017/745.
The eargym app ‘Hearing Loss Check’ is intended to be used to screen for potential bilateral (in both ears) sensorineural hearing loss; sensorineural hearing loss is a type of hearing loss caused by damage to the structures of the inner ear or the auditory nerve. Therefore, the ‘Hearing Loss Check’ is a screening test, and is not intended to provide a diagnosis of hearing loss. If the user identifies potential hearing loss through the ‘Hearing Loss Check’, they are advised to seek medical advice and to receive a formal audiological assessment from a qualified healthcare professional, such as a GP or qualified audiologist.
If you have any concerns about your hearing you should contact your doctor or see a professional specialist (e.g. an audiologist).To learn more about the connection between hearing, cognitive health and dementia, visit: https://www.hopkinsmedicine.org/news/media/releases/hearing_loss_accelerates_brain_function_decline_in_older_adults
By using the eargym app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.