dbTrack is designed to empower and inspire users to protect their hearing health.
 
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the dbTrack mobile application and web-portal (the “Service”) operated by hearX SA (Pty) Ltd (“us”, “we”, or “our”).
 
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

About us

We are a mHealth Solutions company, within the smart technology space, which provides technology and solutions for a subset of health care services. Our headquarters are situated in Pretoria, South Africa.

Use of Site

“Site” refers to any of our hearX portals and websites, including dbtrack.com and the dbTrack portal. You may only use our sites to browse the content, make legitimate purchases (where applicable) and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non- infringement. The owner of this site, the authors of this contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in this content. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of this content. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, the service or Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change these Conditions from time to time, and your continued use of the service or Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the service and Website.
  3. We will use our reasonable endeavors to maintain the Service and Website. Both are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Service or Website or because of a failure, suspension or withdrawal of all or part of the Service or Website due to circumstances beyond our control.

Privacy Policy

For more information about our data practices, please read our Privacy Policy. By using or accessing dbTrack you agree that we can collect and use your information in accordance with the Privacy Policy.

Data Protection

We use several security procedures to protect your personal information and data from unauthorized access or disclosure and to ensure compliance with data protection standards.

All sensitive data transferred from you to us is encrypted by HTTPS. Account passwords are stored using one-way encryption and so cannot be retrieved or decrypted. All systems, both web servers and database servers, sit behind a firewall, restricted to only necessary ports for running the Website. All sensitive areas of the Website and App (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts.

Intended Use

The Service is intended for your personal use and may be used in providing desensitised data for research purposes (if opted by the user in his personal capacity to contribute to the research). The Service is intended to track your listening behaviours and do a hearing test from time to time to monitor your hearing health via a mobile application and dbTrack-certified earphones. The Service also provides the data through a webportal for detailed analysis on listening behaviour. The Service is not a diagnostic or medical tool. The Service may not be used for any commercial purposes nor in any screening projects for commercial gain.

Minor users

Persons under the age of 18, or any lower minimum age in the jurisdiction where that person resides, are not permitted to access or use the Service unless their parent or legal guardian has consented in accordance with applicable law.

All reasonable effort is taken to ensure that a parent or legal guardian is made aware and provided a direct notice by means of an email to his/her email account for the acceptance of these Terms on behalf of the minor. By providing the email address of the parent or legal guardian you confirm the information are true and correct and corresponds to a legal entity entitled to accept the Terms for the use of the Service.

Necessary equipment for, and the use of dbTrack

You can only connect to the Service using dbTrack certified earphones. Manufacturers providing dbTrack certified earphones are listed on the dbTrack website (www.dbtrack.com). You can not connect to the Service with any other earphones as dbTrack patented technology is required to ensure accurate usage of the Service. If you have questions about whether a product is dbTrack certified, please contact info@dbtrack.com.

For the correct functioning of dbTrack it is required to grant specific permissions. The permission without which the Service cannot work as intended is:

Use of dbTrack at own risk

The accuracy of the Service is dependant on the correct usage and setup of the dbTrack certified earphones. All the necessary steps have been taken to ensure the correct setup process is followed and the earphone units and respective device being used to operate the Service is calibrated correctly. Correct use of the Service, accompanying earphone units, calibrator and device are required for the accurate measurement of sound in the ear canal. This information is used to base all further calculations and recommendations of the Service on.

Our goal is to provide helpful and accurate information on the Service related to listening behaviour, but we make no endorsement, representation, or warranty of any kind about any accuracy, results, information, or services. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Service.

Use of the Service should not replace your good judgment and common sense.

Accounts and Profiles

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. The member who creates the account (Account Owner) has access and control over the account and the devices and profiles that are used to access our Service and is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on listening behaviour and history for the account), the Account Owner should maintain control over the devices and profiles that are used to access the Service and not reveal the password associated with the account to anyone.

The Account Owner must notify us immediately upon becoming aware of any breach of security or unauthorized use of their account or a profile of the account.

Notifications and Warnings

As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Service by using the settings in the Service. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of hearX and its licensors. The Service is protected by copyright, patents, trademark, and other laws of both the South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of hearX.

Copyright subsists in this work and it is copyright protected under the Berne Convention. No part of this work may be reproduced, published, performed, broadcasted, adapted or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the copyright owner.

You may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service; or
  2. commercialise any information, products or services obtained from any part of the Service, without our written permission.
  3. Re-engineer or attempt to reverse engineer the whole, or parts of, the application or technology.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service via the web portal. Upon termination, note that your anonymized listening and hearing screening data may still be retained by hearX.

Limitation Of Liability

In no event shall hearX, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

hearX, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Indemnity

You will indemnify and hold harmless dbTrack, hearX, or any or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the user and us regarding our Service, and supersede and replace any prior agreements we might have between the parties regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try within reasonable limits to provide at least 30 (thirty) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@dbtrack.com.