Terms of Service

Please read these terms carefully before using our website or mobile application.

OVERVIEW

This website and mobile application (collectively, the "Services") are operated by Earrck ("we", "us", or "our"). Throughout the site and app, the terms “we”, “us” and “our” refer to Earrck. By visiting our site, using our mobile app, or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

Please read these Terms of Service carefully before accessing or using our website or mobile application. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

SECTION 1 - GENERAL TERMS & ELIGIBILITY

Age Requirement: By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your jurisdiction of residence. Earrck does not directly market or sell products to minors.
Service Availability: We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, consistent with applicable laws.
App & Software License: Subject to these Terms, Earrck grants you a limited, non-exclusive, non-transferable, and revocable license to download and use our mobile app on your personal devices solely for pairing, adjusting, and managing your Earrck hearing devices.

SECTION 2 - MEDICAL DISCLAIMER & TELEHEALTH (OTC HEARING AIDS)

Not Medical Advice: The online hearing test, app assessments, and any content provided on this site or app are for informational and fitting purposes only. They do not constitute medical diagnoses or prescriptions and should not replace a professional evaluation by a licensed physician or audiologist.
App Sound Adjustment: The Earrck app allows custom sound tuning, noise reduction, and firmware updates. If you experience discomfort, pain, or dizziness while using the app or adjusting parameters, discontinue use immediately and consult a medical professional.
Red Flag Warnings: If you experience sudden hearing loss, ear pain, active discharge, severe dizziness, or physical ear canal malformations, do not use OTC hearing aids without prior medical consultation.
Non-Emergency Use: Our app, website, and customer support are NOT intended for emergency medical situations. In case of a medical emergency, please contact your local emergency service (e.g., 911) immediately.

SECTION 3 - NO RESELLING POLICY

Personal Use Only: All products and services purchased from Earrck are for personal, end-user use only and may not be resold, rented, leased, or commercially redistributed under any circumstances.
Voiding of Warranties: Any unauthorized resale, transfer, or commercial distribution shall immediately render all product warranties, trial policies, and customer support services null and void.

SECTION 4 - RETURN, REFUND & WARRANTY OVERVIEW

Risk-Free Trial & Returns: Earrck offers a specified trial period (e.g., 45-day risk-free trial). Returned items must be in original condition with all original packaging, cables, cases, and accessories included to qualify for a refund.
1-Year Limited Warranty: Earrck products are covered by a 1-Year Limited Warranty starting from the date of original purchase, subject to the conditions set forth in our official Warranty Policy. Replacement devices maintain the effective warranty period of the original purchase.
Out-of-Warranty Support: For products outside the 1-Year Limited Warranty, Earrck may offer paid repair or component replacement services at current market rates. Shipping fees for out-of-warranty services are the responsibility of the customer.

SECTION 5 - PROHIBITED USES & USER CONDUCT

In addition to other prohibitions set forth in these Terms, you are strictly prohibited from:

Reverse engineering, decompiling, disassembling, or attempting to extract the source code of Earrck hardware, firmware, website, or mobile app;
Using our products or app for any illegal or unauthorized purpose, or transmitting viruses, malware, or destructive code;
Scraping, crawling, or extracting data from our website or app without prior written consent;
Reselling, sublicensing, or commercially exploiting the Earrck app or hardware.

SECTION 6 - SHIPPING, CUSTOMS & BILLING ACCURACY

Shipping & Delivery: Estimated delivery dates are non-binding estimates. Earrck is not liable for shipping delays caused by carrier disruptions, customs inspections, or force majeure events.
Import Duties & Taxes: Unless explicitly stated at checkout, product prices do not include local taxes, VAT, or import duties levied by your destination country. These charges are the buyer's responsibility.
Order Cancellation: We reserve the right to limit or cancel quantities purchased per person, per household, or per order due to stock unavailability, pricing errors, or suspected fraudulent activity.

SECTION 7 - LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

Provided "As Is": The website, mobile application, and products are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, except as expressly provided in our Warranty Policy.
Liability Cap: To the maximum extent permitted by applicable law, in no event shall Earrck, its directors, officers, or affiliates be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products. Earrck's total cumulative liability for any direct damages shall not exceed the total amount actually paid by you for the order in question.

SECTION 8 - GOVERNING LAW & DISPUTE RESOLUTION

Governing Law: These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of California, USA.
Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms shall first be settled through good-faith negotiation. If unresolved, it shall be submitted to the competent courts or arbitration center within the designated jurisdiction.