Terms of Service
1. Agreement to Terms
By engaging Digital Hearing Solutions, LLC ("Company," "we," "us") for hearing care and related services ("Services"), you ("Client" or "Patient") agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and the Company.
2. Provision of Services
The scope of Services, including specific treatments, evaluations, device fittings, and follow-up care, will be outlined in a separate treatment plan, Statement of Work (SOW), or service agreement. The Company agrees to perform the Services with professional skill and care. The Client agrees to provide the necessary information, health history, and access to relevant records required for the Company to perform the Services.
3. Appointments, Timelines, and Delays
The Company will make every reasonable effort to honor scheduled appointment times and agreed timeframes for follow-up care. However, timelines are estimates and may be subject to delays caused by factors such as the Client's failure to provide timely information, attend appointments, or respond to communication. The Company is not liable for delays resulting from such Client-side dependencies or from circumstances beyond our reasonable control.
4. Payment Terms
Payment terms, including service fees, billing cycles, insurance participation where applicable, and payment methods, will be specified in the SOW, treatment plan, or invoice. Services may require an upfront payment, copay, or retainer. All payments are due upon receipt of the invoice unless otherwise specified. Failure to make timely payments may result in a suspension or termination of Services.
5. Intellectual Property
Upon full payment for the Services, the Client shall own the final tangible deliverables created by the Company specifically for the Client (e.g., personalized reports or written care summaries provided to you). The Company retains ownership of all its pre-existing intellectual property, including its methodologies, educational materials, tools, software, and proprietary protocols used in the provision of Services.
6. Confidentiality
Both parties agree to treat all non-public information received from the other party as confidential. This includes health information, personal contact details, care plans, and any other sensitive data. This obligation of confidentiality shall survive the termination of the service agreement and will be handled in accordance with applicable privacy laws.
7. Limitation of Liability
While the Company strives to achieve the best possible results, we do not guarantee specific outcomes, such as a particular level of hearing improvement, symptom relief, or satisfaction with any device or treatment. Hearing health outcomes depend on many factors beyond our control, including underlying medical conditions and individual use of recommended devices. In no event shall Digital Hearing Solutions, LLC be liable for any indirect, incidental, or consequential damages arising out of or in connection with our Services, to the fullest extent permitted by law.
8. Termination
Either party may terminate the service agreement with a written notice period as defined in the SOW or treatment plan. Upon termination, the Client is responsible for paying for all Services rendered up to the effective date of termination. The Company will cooperate in the orderly transition of relevant records and information back to the Client in accordance with applicable law.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Digital Hearing Solutions, LLC is registered, without regard to its conflict of law principles.