These Terms of Service govern the use of the website at https://www.hearwell.buzz and the hearing care clinic technology and audiology workflow systems designed by HEAR-WELL INCORPORATED, located at 3204 N Academy Blvd Ste 220, Colorado Springs - 80917, United States (US). The solutions described on this site are developed by the developer team HearWell. Please read these terms carefully before you browse the website or engage the services of the Company.
Acceptance of These Terms
By accessing or using the website, or by placing an enquiry with the Company in any form, you agree to be bound by these Terms of Service and by the Privacy Policy that the Company publishes. If you do not agree with any part of these terms, please stop using the website and do not submit any enquiry or order.
These terms form a binding agreement between you and HEAR-WELL INCORPORATED. We may update these terms from time to time, and the current version always appears at this address. Your continued use of the website after a change is posted counts as acceptance of the revised terms, so we encourage you to review this page whenever you return.
Eligibility to Use This Site
You must be at least eighteen years old to place an enquiry or to enter into an engagement with the Company. Browsing the public website does not require an account and is open to adults and to visitors supervised by adults, but anyone under eighteen should ask a parent or guardian to help with any communication directed to us.
If you represent a clinic, a company or another organisation, you confirm that you have the authority to bind that organisation to these terms. When you act for an organisation, the words you and your in these terms refer to both you as an individual and the organisation you represent.
Use of the Website
We grant you a personal, non exclusive, revocable right to access the website for lawful purposes. That right means you may read the content, compare the services we describe and contact us, but you may not copy large portions of the site for commercial reuse, attempt to disrupt its operation, or interfere with the access of other visitors.
The website describes capabilities for information only. A description of a system on this site is an invitation to talk, not a completed contract for a particular set of features. We make reasonable efforts to keep the descriptions accurate, but you should confirm current details with us before you rely on them for a decision.
Accounts and Security
Some aspects of our work may involve the creation of an account, whether for a clinic portal, a training environment or a project workspace. You are responsible for keeping any username and password confidential and for all activity that happens under your account.
If you believe that your credentials have been lost, stolen or misused, tell us promptly using the contact details on this site so we can protect your account. We may suspend an account that shows signs of misuse while we investigate, and we will explain our reasons as soon as it is safe to do so.
Description of Services
The Company designs technology and audiology workflow systems for hearing clinics. That work spans hearing test scheduling systems, patient result portals, hearing aid fitting trackers, repair and loaner programs, family counseling session tools and clinic outcome dashboards, together with setup, training and ongoing tuning.
These solution areas are meant to support, not replace, the clinical judgement of licensed providers. The Company does not diagnose hearing loss, does not fit hearing aids by itself and does not practise audiology or medicine. Deciding which patient enters the booth and which device suits that patient always remains the duty of a qualified professional.
Quotes, Orders and Engagements
An enquiry on our website is not an order. If you would like to engage the Company, we will first discuss your needs, then provide a written quote or proposal that sets out the scope, the deliverables, the timeline and the price. Any order becomes binding only when both parties sign the proposal or otherwise confirm it in writing.
Once an engagement begins, the written proposal governs the specific details of that project, and these General Terms fill in the rules that the proposal does not cover. If a clause in a proposal conflicts with these terms, the proposal controls for that particular project.
Fees and Payment
Fees for an engagement appear in the written proposal, along with the payment schedule and the currency in which you will be billed. Unless a proposal says otherwise, invoices are due within the number of days stated on the invoice, and late payment may pause work until the account is brought current.
We keep our pricing transparent and do not hide charges. If taxes apply to a service you buy, we will show them clearly. A deposit, where the proposal calls for one, is applied against the total price and becomes non refundable once we begin work on your configuration, because that time and effort is real even if you later change course.
Client Materials and Data
You remain the owner of the data, images and documents that you share with us so that we can design a system for you. We use those materials only to perform the work you asked for, and we do not claim ownership over your clinic records or your patient information.
You promise that anything you give us is content you are permitted to share and that it does not break any law or any agreement you have with a third party. Where you manage data about patients or staff, you agree that you stay responsible for collecting that data lawfully and for giving us only what we need for the design work.
Intellectual Property
Everything the Company creates for a project, including design documents, workflow drawings, software configuration, training materials and system templates, is intellectual property of HEAR-WELL INCORPORATED unless a written agreement says otherwise. The names, logos and text on this website belong to the Company or to their lawful owners.
You may not copy, modify, distribute or resell the web design, the system configurations or the training courses we produce without our prior written consent. Nothing in these terms transfers any copyright, patent or trade mark from the Company to you beyond the limited licence described below.
Limited License to Clients
Where we deliver a configured system to a clinic under a paid engagement, that clinic receives a limited, non exclusive, non transferable licence to use the work product for its own lawful business. This licence lasts while the clinic remains in good standing under its agreement with us.
The licence does not permit a clinic to offer our configuration to a third party, to strip away our identifying details, or to claim the work as an independent invention of the clinic. If a clinic wishes to license a configuration to a sister office or to another practice, it must ask for a separate written agreement first.
Acceptable Use
When you use the website or any system we deliver, you agree not to misuse it. That means you will not try to break into restricted areas, overload our servers, send deceptive messages that pretend to be us, upload harmful code, or collect data about other users without their consent.
You also agree not to use our systems to store or transmit unlawful material, to press harassing or threatening content upon anyone, or to compromise the confidentiality of patient information. A breach of this section is a serious matter and may lead us to suspend access or end an engagement.
Third Party Services
Our systems may connect to third party tools, such as email relays, calendar providers or secure hosting platforms. We choose these providers with care, but we do not control their behaviour, and their separate terms apply to the parts of the service they supply to you.
If a third party service stops working or changes its rules in a way that affects our delivery, we will do our best to find a replacement or an alternative, but we cannot guarantee that every outside provider will remain available forever. You accept that these connections depend in part on partners beyond our control.
Disclaimers of Warranty
The website and the information on it are provided as is and as available, without any warranty of any kind, whether express or implied. To the fullest extent the law allows, the Company disclaims warranties of merchantability, fitness for a particular purpose and non infringement.
We work hard to keep the site reliable and the descriptions honest, but we do not promise that the site will always be error free, that it will never be interrupted, or that its content will always be complete. Any decision you make after reading the site is yours, and we encourage you to confirm key points with a member of our team.
Limitation of Liability
To the fullest extent permitted by law, the Company and its people will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from your use of the website or from a service engagement.
Our total liability for a claim related to a paid engagement will not exceed the fees you actually paid for that engagement in the twelve months before the claim arose. Where no fees were paid, our total liability will be limited to a reasonable sum, because free guidance cannot fairly carry the risk of a large business loss.
Your Indemnity to Us
You agree to defend, indemnify and hold harmless HEAR-WELL INCORPORATED and its people from and against any claims, damages, losses and reasonable expenses that arise out of your breach of these terms, your misuse of the website, or your unlawful handling of the data you gave us.
This indemnity does not excuse the Company from its own responsibilities, and it does not cover claims that result from our own negligence or from a defect in a system we truly delivered. It is designed to keep third party claims about your conduct away from the Company when you are the party at fault.
Confidentiality
Both parties may learn confidential information during an engagement, including pricing, clinic workflows, patient statistics and technical plans. Each party agrees to keep the other side confidential information private and to use it only for the purposes of the engagement.
This duty of confidence does not apply to information that is already public, that is independently developed, or that the law requires a party to disclose. Where a disclosure is required by law, the disclosing party will give the owner of the information reasonable notice so that protection can be sought where possible.
Term and Termination
These terms take effect when you first use the website and remain in force until they are changed or the website closes. A specific service engagement lasts for the period described in the proposal and renews or ends according to that proposal.
Either party may end an engagement early by giving the notice required in the proposal, or immediately if the other party breaches these terms in a serious way that is not cured within the cure period set out for that breach. Fees for work already completed remain due when an engagement ends, and access to delivered materials is worked out in line with the agreement on handover.
Suspension of Service
We may suspend access to a system or to an account without prior notice where we reasonably believe immediate action is needed to protect the security of data, to prevent a breach of the law, or to stop misuse that could harm others.
Where a suspension is not urgent, we will give you reasonable notice and a chance to fix the underlying issue first. A suspension for reasons within your control, such as a late payment or repeated misuse, does not relieve you of fees already due under your engagement.
Support and Training
Most engagements include an initial period of setup support and staff training so that the desk, the booth and the fitting room feel comfortable from day one. The length of that period and any ongoing support plan are described in the proposal.
Support requests should come to us through the channels we provide, so that we can track each question and answer it fully. We aim to acknowledge genuine support requests promptly and to resolve them without unnecessary delay, but normal maintenance windows and reasonable troubleshooting time are part of any health of the service.
Governing Law and Venue
These terms are governed by the laws of the State of Colorado in the United States, without regard to its conflict of law rules. Any dispute about these terms or about a related engagement will be resolved under that law, unless an applicable regulation mandates a different governing law for a particular visitor.
If the law of Colorado must apply to a relationship elsewhere, we will follow the rule that protects the parties best. We also recognise that a court may have jurisdiction over a dispute that concerns us as a registered business, and we will honour any lawful judgment that follows a fair proceeding.
Dispute Resolution
Before any formal action arises, we invite you to raise a concern directly with our team so that we can try to resolve it fairly and quickly. Most disagreements about a project or a website improve with a clear conversation about what went wrong and what the right outcome looks like.
If a dispute cannot be settled through discussion, it will be resolved through binding arbitration conducted under commercial rules in Colorado Springs, Colorado, or through a court of competent jurisdiction if the claim is one that a particular law requires to be heard in court. Any award may be enforced in any court that has authority to receive it, and each side pays its own attorneys fees unless a law or an award says otherwise.
General Provisions
If any part of these terms is found to be invalid or unenforceable, that part will be read down or removed while the rest of the terms stay in force. Our failure to enforce a right on one occasion is not a waiver of that right on another.
These terms, together with the Privacy Policy and any signed proposal, form the whole agreement between you and the Company about the use of the website. You may not assign your rights under these terms without our written consent, and our notices to you will be sent to the details you gave us. The developer of these structures is HearWell, and no provision in this agreement is intended to lessen the legal rights you hold under any law that cannot be excluded by contract.
If something in these terms needs clearer explanation, ask us. The team at HEAR-WELL INCORPORATED prefers a straight conversation over a padded document, and we will gladly talk through how our services can fit your clinic.
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