Terms of Service

By creating an account, using the Service as a guest, or otherwise accessing any part of the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

You must be at least 13 years old to use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. You must be at least 18 years old to make purchases through the LSTN Shop or to register as a clinician.

LSTN is a self-help hearing screening tool. It is not a medical device and does not provide medical diagnoses, clinical assessments, or professional healthcare advice.

• Hearing test results, sound level readings, audiogram interpretations, and any other outputs from the Service are estimates for informational purposes only. They are not a substitute for an evaluation by a licensed audiologist, hearing instrument specialist, or other qualified healthcare provider.
• Do not delay seeking professional medical advice, ignore a professional’s recommendation, or make healthcare decisions based solely on information from the Service.
• If you believe you have a hearing problem or any other medical condition, please consult a qualified healthcare professional promptly.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ACTIONS TAKEN OR NOT TAKEN IN RELIANCE ON THE SERVICE’S OUTPUTS.

• You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You may not create more than one personal account or transfer your account to another person.
• Notify us immediately at privacy@getlisten.app if you suspect unauthorized access to your account.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Scrape, crawl, or systematically extract data from the Service, including clinic listings.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Upload content that is false, misleading, defamatory, or that violates any third party’s rights.
• Impersonate any person or entity, including a healthcare provider.

If you register as a clinician, you additionally agree to:

• Provide accurate information about your professional credentials, practice location, and services offered.
• Promptly update your listing if any information becomes inaccurate.
• Pay all fees associated with promoted listings as they come due. Fees are processed by Stripe and are subject to Stripe’s terms.
• Not use patient lead data obtained through the Service for any purpose other than contacting the patient who submitted the lead.

We reserve the right to suspend or remove a clinician listing at any time if we determine it contains inaccurate or misleading information.

The Service integrates with third-party providers including Shopify (purchases), Stripe (payments), and others. Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party service.

The Service may contain links to external websites. We do not endorse and are not responsible for the content or availability of those sites.

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, and software — are owned by LSTN and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

You retain ownership of any content you upload (such as audiogram images). By uploading content you grant us a limited, non-exclusive license to process that content solely to provide the Service to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, LSTN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LSTN IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

You agree to indemnify, defend, and hold harmless LSTN and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service ceases immediately.

These Terms are governed by the laws of the United States. Any disputes not subject to arbitration shall be brought exclusively in the federal or state courts located in the United States, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. We will notify you of material changes by posting a notice in the app or sending an email to your registered address. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms:

LSTN
privacy@getlisten.app