Jabra Enhance app

GN Hearing A/S (hereinafter “Manufacturer", “we”, “our”) provides the app Jabra Enhance (hereinafter the “App”) through which the self-fitting and remote control services and use of the Jabra Enhance or Jabra Enhance Plus Earbuds (collectively “Jabra Enhance Earbuds”) are derived and licensed to the end user (“user”, “you”).

YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APP. BY USING THE APP, YOU AGREE TO THESE TERMS AND ANY LATER AMENDMENTS HERETO. WE RECOMMEND THAT YOU PERIODICALLY REVIEW THESE TERMS AND CONDITIONS.

SPECIFIC LEGAL TERMS MAY APPLY IN YOUR TERRITORY. PLEASE REFER TO SECTION 12 FOR MORE INFORMATION ABOUT COUNTRY SPECIFIC LEGAL TERMS.

PLEASE PAY YOUR SPECIAL ATTENTION TO SECTIONS 1 (TERMS OF USE)，2 (APP USE RESTRICTIONS), 5 (PRIVACY)，7 (DISCLAIMER AND LIMITATION OF LIABILITY), 8 (CHANGES), 9 (ENDING YOUR RIGHTS TO USE THE APP) AND 12 (COUNTRY SPECFIC TERMS) WHICH MIGHT EITHER HAVE SIGNIFICANT INTEREST FOR YOU, LIMIT YOUR RIGHTS OR MITIGATE OUR LIABILITIES. NOTHING IN THESE TERMS AND CONDITIONS OPERATES TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHTS AND REMEDIES (INCLUDING CONSUMER OR PRIVACY RIGHTS) THAT CANNOT BE EXCLUDED UNDER STATUTORY APPLICABLE LAW IN THE COUNTRY OF PURCHASE OF THE JABRA ENHANCE EARBUDS.

IF YOU DO NOT UNDERSTAND THE TERMS HEREUNDER, PLEASE FEEL FREE TO CONTACT US THROUGH THE IN-APP SUPPORT FORM OR VIA THE JABRA ENHANCE SUPPORT WEBSITE.

PLEASE ALWAYS REFER TO THE USER MANUAL FOR INFORMATION ON INTENDED USE, CAUTIONS AND WARNINGS. IF YOU DO NOT HAVE A USER MANUAL THIS CAN BE FOUND IN THE APP OR ON THE JABRA ENHANCE SUPPORT WEBSITE. BEFORE USING THE APP AND TO ENSURE CORRECT USAGE OF THE APP, IT IS STRONGLY RECOMMENDED THAT YOU THOROUGHLY FAMILIARIZE YOURSELF WITH THE FUNCTIONS OF THE APP.

SUMMARY OF CONTENT

Please find below a summary of the subject matter of each section in these Terms and Conditions:

Section 1: Describes the basic terms of use and describes the basic features of the App.
Section 2: Describes restrictions on the use of the App.
Section 3: Provides information on the need to keep the App updated.
Section 4: Details the support procedures applicable to the App.
Section 5: Provides information about privacy and data processing under these Terms and Conditions.
Section 6: Provides details of the trademark and all intellectual property of Jabra Enhance Earbuds and the App and the obligations You must comply with in this regard.
Section 7: Stipulates important information and disclaimers regarding the use of the App, details the different situations in which the Manufacturer takes no responsibility, and details when App services may be suspended or discontinued by Manufacturer.
Section 8: Stipulates Manufacturer’s right to modify these Terms and Conditions.
Section 9: Details the term of the Terms and Conditions and sets out the different situations in which the Terms and Conditions may be terminated.
Section 10: Stipulates Manufacturer’s right to transfer its rights and obligations under these Terms and Conditions to another organization.
Section 11 Stipulates the governing law and venue of the Terms and Conditions.
Section 12: Sets out certain special terms that shall only apply in specific countries.

 

  1. TERMS OF USE

     

  • 1.1.The App is to be used together with the Jabra Enhance Earbuds for adults 18+ with mild to moderate hearing impairment and provides the user with enhanced user possibilities, experiences and personalization of the Jabra Enhance Earbuds. The App is mandatory to use together with the Jabra Enhance Earbuds. If the App is not being used, you will lose full functionality of the Jabra Enhance Earbuds.
  • 1.2.It is good health practice (and in some cases required under national or state law) for a person with a hearing loss to have a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before using the Jabra Enhance Earbuds and the App.

     

  • 1.3.By accepting these terms and conditions you confirm that you are above 18 years old or if a higher legal age is prescribed by law, the applicable legal age in the country of purchase of the Jabra Enhance Earbuds.

     

  • 1.4.Before you are able to utilize the benefits of the Jabra Enhance Earbuds, these must be setup with a personalized profile for the individual user. A personalized profile is conducted by following the setup process in the App by which a personalized enhancement profile is applied to the Jabra Enhance Earbuds. A new personalization can be conducted and applied anytime. Manual modification of the personalization can be made by the user in the App and impacts and changes the amplification level prescribed in the personalization process.

     

  • 1.5.Providing the App, and the features to enable you to conduct the personalization, is the responsibility of Manufacturer. Conducting the personalized profile is performed by the user, not us. If you experience any problems using the App, please contact us through the in-App support form or via the Jabra Enhance support website.

     

  • 1.6.The App is provided for your own personal use. You are not allowed to copy or modify the App or any part thereof of Manufacturer's own or licensed trademarks in any way. You are not allowed to attempt to extract the source code from the App, and you are not allowed to translate the App into other languages or make derivative versions.

     

  • 1.7.The App sends and receives wireless signals from the Jabra Enhance Earbuds using the Bluetooth® technology standard[*]. Without enabled Bluetooth connection of your mobile device it is not possible to connect the Jabra Enhance Earbuds to the App and use the App according to these terms and conditions.

 
  • 1.8.If you wish to avoid or stop collection of data in the App about Jabra Enhance Earbud usage, as specified in the privacy policy, which is available in the App, please uninstall the App by using standard uninstall processes which are available as part of your mobile device user instructions or via the mobile app marketplace or network.

     

  • 1.9.The ways in which you can use the App may also be controlled by the relevant app marketplace’s rules and policies. Manufacturer has no responsibility in this regard, and it is recommended that you familiarize yourself with those rules and policies before installing the App.

     

  • 1.10.In the event that you decide to avoid or stop collection of data in the App about Jabra Enhance Earbud usage and uninstall the App (under section 1.8) or you have violated these terms and conditions (including the app marketplace rules and policies) under section 1.9 and 9.2, or we cease offering the app (under section 9.1) you will lose full functionality of the Jabra Enhance Earbuds.

     

     

  • 3.2.Notifications of App updates should not be disabled in the mobile operating system of your mobile device, and we recommend that you install all updates to ensure that the App functions correctly.

     

     

  • 4.3.If we have to contact you, we will do so by email, by SMS, by pre-paid post or in the App, using the contact details you have provided to us.

     

     

     

  • 7.2.Please consult a health care provider for advice about a specific medical condition or treatment. Never disregard medical advice or delay in seeking medical advice because of information received through the App. Especially, it is recommended to consult a doctor or hearing care professional before using the Jabra Enhance Earbuds and App if you suffer from or experience severe to profound hearing impairment or any acute conditions such as:

     

    1. Recent or recurrent ear infection, or a plugged-up fullness feeling.   
    2. Sudden or rapid progression of hearing loss within the past 90 days in one or both ears.
    3. Excessive ear wax build-up, or a history of excessive wax build-up, itching, or a foreign object in the ear canal. 
    4. Ringing in one or both ears which began or worsened in the last 90 days.
    5. Hearing loss on one side that has worsened in the past 90 days.
    6. Spells of acute or chronic dizziness, poor dexterity, poor vision, or significant dementia.
    7. Trauma, bleeding or visible deformity of the ear.
    8. Fluid, or drainage, or pain/discomfort in one or both ears within the past 90 days.
    9. Other similar acute ear or hearing conditions.

       

     

  • 7.4.THE APP MUST ONLY BE USED WITH THE JABRA ENHANCE EARBUDS AND IN ACCORDANCE WITH THE USER MANUAL. MANUFACTURER TAKES NO RESPONSIBILITY IF THE APP IS USED WITH OTHER DEVICES.

     

  • 7.5.MANUFACTURER DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, INCLUDING IF SUCH LIABILITY CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE STATUTORY LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MANUFACTURER’S NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THESE TERMS AND CONDITIONS OPERATES TO EXCLUDE OUR LIABILITY FOR REASONABLE LOSSES INCURRED BY YOU AS A DIRECT RESULT OF OUR BREACH OF CONTRACT OR NEGLIGENCE IN CONNECTION WITH THE PROVISION OF THE APP.

     

  • 7.6.Subject to 7.5 and to the furthest extent permitted under applicable law:

     

    1. Manufacturer hereby disclaims any and all liability arising directly or indirectly from the use of or inability to use the App and in particular, but not limited to, from the disruption, interruption or functional limitation of the App resulting from your telephone, network, connection or similar,
    2. The information herein is provided “as is” and without any warranty expressed or implied, and
    3. All direct, indirect, special, incidental, consequential or punitive damages arising from any use of or inability to use the App or data contained therein is disclaimed and excluded.
    4. These terms and conditions do not give rise to any rights of any third party to enforce any term of these terms and conditions, (however see section 10).

     

  • 7.7.Subject to 7.5 and to the furthest extent permitted by law, Manufacturer does not guarantee, represent or warrant that your use of the App shall be uninterrupted or error-free. You acknowledge and accept that from time-to-time Manufacturer may suspend entirely or partially the App services, including, but not limited to, the following cases:

     

    1. for the repair, maintenance, replacement or malfunction of the Manufacturer’s facilities, or loss of communications,
    2. for App upgrades or system maintenance,
    3. in instances where normal App service use is disrupted due to power outages, equipment failures or user bottlenecks,
    4. if Manufacturer is unable to provide App services due to the termination of its contract(s) with service providers, or for comparable business reasons,
    5. if Manufacturer determines such course of action would be necessary for management, operational, or technical reasons, or
    6. upon occurrence of force majeure events, including, but not limited to, extreme weather conditions or a state of emergency.

     

  • 7.8.Manufacturer shall endeavor to provide reasonable prior notice to you in the event of suspension of the App services (including providing an estimate of the duration of suspension of the App services). However, you acknowledge that, in the event the App services are suspended due to reasons beyond the control of Manufacturer (e.g., system errors or failures), Manufacturer may provide notice after such suspension (and will do so as soon as possible), as prior notice may not be possible.

     

  • 7.9.Manufacturer may unilaterally at any time decide to stop updating or stop offering the App any more. We will give you reasonable advance notice should we decide to stop updating or stop offering the App any more.

     

     

  • 9.3.If we end your rights to use the App:

     

    1. You must stop all activities authorized by these terms and conditions.
    2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
    3. We may revoke your access to the App by technical means.

     

     

     

    New Zealand

  • 12.4.Nothing in these terms and conditions operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded, including any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

     

  • 12.5.A person who is not a party to these terms and conditions shall have no right to enforce any of its terms pursuant to the Contract and Commercial Law Act 2017.

     

    People's Republic of China (“PRC”)

  • 12.6.In the event there are any material modifications and additional terms and conditions that is related to your legal interests or change in significant technical function of Jabra Enhance Earbuds and such material modifications and additional terms and conditions are required to be registered with governmental authorities in the PRC, such material modifications and additional terms and conditions shall be effective immediately after Manufacturer completes all necessary amendment registrations with competent governmental authorities in the PRC, incorporated into these terms and conditions and notified to you.

     

  • 12.7.Unless otherwise notified to you, the name and the contact information of Manufacturer’s registration agent for Jabra Enhance Earbuds and the App in the PRC is as follows:

     

    Name: GN ReSound Shanghai Ltd. (in Chinese: 瑞声达听力设备贸易（上海）有限公司)

    Contact Information: 401-402, Block G, Red Town, No. 570, Huai Hai Road (West), Shanghai, 200052, PRC

     

  • 12.8.For the purpose of these terms and conditions only, the “PRC” hereunder does not include Hong Kong Special Administration Region, Macao Special Administration Region and Taiwan area.

     

    Republic of Korea

  • 12.9.The limitation of liability in Section 5.2 does not limit Manufacturer’s liabilities under the Personal Information Protection Act or the Act on the Regulation of Terms and Conditions.

     

    Taiwan

  • 12.10. In the event there is any change in technical function of Jabra Enhance Earbuds and such material modifications and additional terms and conditions are required to be registered with governmental authorities in Taiwan, such material modifications and additional terms and conditions shall be effective immediately after Manufacturer completes all necessary amendment registrations with competent governmental authorities in Taiwan and notifies you.

     

    United Kingdom

  • 12.11. These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.
  1. APP USE RESTRICTIONS

    You may not:

    1. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
    2. infringe Manufacturer’s intellectual property rights or those of any third party in relation to your use of the App;
    3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
    4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

     

  2. UPDATES
  • 3.1.To ensure the App is fully functioning and operational, you are responsible for ensuring that your mobile device is updated regularly and using the latest version of your mobile operating system (e.g. iOS) at all times.
  1. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
  • 4.1.If you want to learn more about the App or have any problems using it, please take a look at our support resources which are available in the App.

     

  • 4.2.If you think the App is faulty or misdescribed or wish to contact us for any other reason, please use the contact form available in the App.
  1. PRIVACY
  • 5.1.Please note that details related to your personalized profile are stored on your Jabra Enhance Earbuds. Under data protection legislation, Manufacturer is required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. It is important that you read the information in our privacy policy which is available in the App.

     

  • 5.2.If you send your Jabra Enhance Earbuds for return, repair, replacement or similar, you acknowledge and accept that this is at your own risk and that Manufacturer has no liability for any unauthorized access to any such information if your Jabra Enhance Earbuds are handled by such third parties in connection with such return, repair or replacement of your Jabra Enhance Earbuds.

     

  1. INTELLECTUAL PROPERTY RIGHTS
  • 6.1.The Jabra Enhance Earbuds and App are owned or controlled by Manufacturer and is protected by applicable intellectual property and other local laws, including but not limited to copyright, trademarks, design, etc. This also includes, inter alia, text, graphics and icons. Manufacturer reserves any and all intellectual property rights in the Jabra Enhance Earbuds and App and these terms and conditions does not grant you any intellectual property rights over the App, its components or Manufacturer's brands, trademarks, product names or visuals in general. You only receive a personal, non-transferable non-exclusive, non-sublicensable and revocable right to use the App in accordance with these terms and conditions.

     

  1. DISCLAIMER AND LIMITATION OF LIABILITY
  • 7.1.MANUFACTURER DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE AND THE APP CANNOT REPLACE PROFESSIONAL MEDICAL ADVICE. YOU SHOULD ALWAYS TALK TO A DOCTOR OR A HEARING CARE PROFESSIONAL FOR DIAGNOSIS, TREATMENT, MEDICAL ADVICE OR OTHER MEDICAL OR HEARING IMPAIRMENT RELATED QUESTIONS.
  • 7.3.All information contained on the App is intended to assist with the proper functioning of the Jabra Enhance Earbuds. Such information:

     

    1. is not, and is not intended in any way to be, or to be a substitute for, professional medical advice, nor does it replace a health care provider's diagnosis or independent judgment about the appropriateness or risks of a procedure or treatment;

       

    2. should not be relied on to form any diagnosis or determine any appropriate treatment for a particular medical condition.
  1. CHANGES
  • 8.1.Manufacturer reserves the right at any time to change these terms and conditions, or the App itself and to impose new or additional terms or conditions on your use of the App. Such changes and additional terms and conditions shall be incorporated into these terms and conditions and notified to you before taking effect. You will be granted a rejection right in accordance with applicable law. If you exercise your right of rejection by not accepting the changes in the App the changes will not be effective for you, but it may not be possible to use the App anymore under the old terms and conditions. If you accept the changes, the changes will become immediately applicable for you. Manufacturer will notify you of these effects along with the notification about the changes.

     

  1. ENDING YOUR RIGHTS TO USE THE APP
  • 9.1.These terms and conditions apply for as long as you use the App. You can at any time terminate your relationship with Manufacturer by uninstalling the App from your mobile device. Manufacturer may at any time decide to cease offering the App and may in this case not provide further updates. In such case, ongoing use of the App is at your own risk.

     

  • 9.2.Further, Manufacturer may end your rights to use the App at any time by contacting you if you have violated these terms and conditions in a serious way.
  1. TRANSFERRING TERMS AND CONDITIONS TO SOMEONE ELSE
  • 10.1.Manufacturer may transfer its rights and obligations under these terms and conditions to another organization. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the terms and conditions.

     

  1. GOVERNING LAW AND VENUE
  • 11.1.If any term, covenant or condition of these terms and conditions shall for any reason be held unenforceable by a court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and shall in no way be affected or impaired.

     

  • 11.2.These terms and conditions, including any disputes arising out of the use of the App, are governed by, construed and enforced in accordance with the substantive laws of the country where you have purchased the Jabra Enhance Earbuds, except where local mandatory legislation provides for other governing law and venue.

     

  • 11.3.Version: 1.1, © 2022

     

  • 11.4.GN Hearing A/S is, a Danish company with company reg. no. 55082715 and its registered address at Lautrupbjerg 7, 2750 Ballerup, Denmark.
  1. COUNTRY SPECIFIC TERMS
  • 12.1.The following terms shall only apply to specific country to the extend they are required by mandatory law of that country. The country specific terms only applies when the Jabra Enhance Earbuds have been purchased in the specific country.

     

    Australia

  • 12.2.Nothing in these terms and conditions operates to exclude, restrict or modify any rights you may have under the Australian Consumer Law.

     

    Germany

  • 12.3.The limitation of liability in Section 7.4 does not limit Manufacturer’s statutory liability in case of any damage (i) to your body, health or life, (ii) incurred by you as a result of Manufacturer’s intentional or grossly negligent breach of its duties or (iii) incurred by you as a result of Manufacturer’s slightly negligent breach of its core contractual obligations. In the latter case the liability of Manufacturer shall be limited to the amount of damage that was foreseeable under typical circumstances by Manufacturer at the time of contract conclusion.

 


[*]The Bluetooth® word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Manufacturer is under license.