Hearing Self-Check Terms of Use

Last Updated: September 1, 2026

1. INTRODUCTION

1.1 Scope

These Hearing Self-Check Terms of Use (the "Self-Check Terms") govern your access to and use of the online hearing self-check tool (the "Self-Check") available at [https://www.health.anker.com/] (the "Site"). The Self-Check is provided by Smart Innovation, LLC ("we," "us," or "our").

1.2 Acceptance

By clicking "Start Self-Check," submitting your responses, or otherwise using the Self-Check, you acknowledge that you have read, understood, and agree to be bound by these Self-Check Terms. If you do not agree, do not use the Self-Check.

1.3 Relationship to Other Terms

The Self-Check is part of the Site and is also governed by our general Terms of Use available at [https://www.health.anker.com/terms-of-use-for-hearing-aid] and our Privacy Policy available at [https://www.health.anker.com/hearing-aids-privacy-policy], each of which is incorporated herein by reference. In the event of any conflict between these Self-Check Terms and the general Terms of Use with respect to the Self-Check, these Self-Check Terms shall prevail.

2. NATURE AND PURPOSE OF THE SELF-CHECK

2.1 General Guide Only

The Self-Check is a general informational tool designed to help you explore whether an over-the-counter ("OTC") hearing aid might be suitable for you. The Self-Check is not a hearing test, audiological examination, medical evaluation, or clinical diagnosis. It does not measure, assess, or determine your hearing ability or hearing loss with clinical precision.

2.2 Not a Medical Device

The Self-Check is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. It is not a medical device, and it has not been cleared or approved by the U.S. Food and Drug Administration ("FDA") as a diagnostic tool. The Self-Check does not perform audiometry and does not generate an audiogram.

2.3 No Professional Relationship

Use of the Self-Check does not create a doctor-patient, audiologist-patient, or any other professional-client relationship between you and us. We are not a healthcare provider, and the Self-Check does not constitute the practice of medicine, audiology, or any other licensed healthcare profession.

2.4 Not a Substitute for Professional Care

The Self-Check is not a substitute for a professional hearing evaluation conducted by a licensed hearing care professional (such as an audiologist, otolaryngologist, or hearing instrument specialist) using calibrated equipment in a controlled clinical environment. If you have concerns about your hearing health, we encourage you to consult a qualified hearing care professional.

3. ELIGIBILITY

3.1 Age Requirement

You must be at least eighteen (18) years of age to use the Self-Check. By using the Self-Check, you represent and warrant that you are at least 18 years old.

3.2 Medical Preconditions

You should NOT use the Self-Check and should instead seek immediate medical attention if you are currently experiencing any of the following: (a) sudden or rapidly progressing hearing loss; (b) ear pain; (c) dizziness or vertigo; (d) bleeding or fluid discharge from the ear; (e) visible deformity of the ear; or (f) a recent ear or head injury.

3.3 Geographic Availability

The Self-Check is intended for use by individuals located in the United States.

4. LIMITATIONS AND DISCLAIMERS

4.1 Accuracy Limitations

WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SELF-CHECK RESULTS. Results are approximate and may be significantly affected by factors beyond our control, including but not limited to:

(a) ambient noise in your environment;

(b) the type, quality, frequency response, and condition of your headphones or earphones;

(d) your physical and mental state at the time of use (e.g., fatigue, distraction, ear wax buildup);

(e) internet connection quality and latency; and

(f) your understanding of and adherence to the Self-Check instructions.

Different devices, headphones, or environments may produce materially different results for the same individual. Results obtained through the Self-Check are not comparable to results obtained through clinical audiometric testing.

4.2 No Diagnosis or Medical Conclusion

The Self-Check results do not constitute a diagnosis of hearing loss, hearing impairment, or any other medical condition. Any output generated by the Self-Check (including, but not limited to, descriptive labels, frequency-specific indicators, or product suitability suggestions) is for general informational and personal reference purposes only and should not be interpreted as a clinical finding or medical opinion.

4.3 Product Information

If, based on your Self-Check responses, the Self-Check indicates that an OTC hearing aid may be suitable for you, such indication is general product category information only. It is not a prescription, professional recommendation, or individualized medical advice. We recommend getting a more precise assessment of your hearing needs before purchasing any hearing aid, including OTC hearing aids.

4.4 No Reliance

You acknowledge and agree that: (a) you will not rely solely on the Self-Check results to make any healthcare or purchasing decision; (b) the Self-Check is a general guide, not a precise measurement, and your actual experience with any hearing aid may differ from what the Self-Check results suggest; and (c) you assume all risks associated with your interpretation of and reliance on the Self-Check results.

5. DISCLAIMER OF WARRANTIES

THE SELF-CHECK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(b) ANY WARRANTY THAT THE SELF-CHECK WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED;

(c) ANY WARRANTY THAT THE SELF-CHECK RESULTS WILL CORRECTLY IDENTIFY OR FAIL TO IDENTIFY ANY HEARING CONDITION OR PRODUCT SUITABILITY; AND

(d) ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SELF-CHECK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. LIMITATION OF LIABILITY

6.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

(b) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;

(d) COST OF SUBSTITUTE SERVICES OR PRODUCTS;

(e) DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BASED ON THE SELF-CHECK RESULTS, INCLUDING BUT NOT LIMITED TO THE PURCHASE, USE, OR NON-PURCHASE OF ANY HEARING AID OR OTHER PRODUCT; OR

(f) DAMAGES ARISING FROM DELAY IN SEEKING PROFESSIONAL HEARING CARE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Cap on Liability

TO THE EXTENT THAT ANY LIABILITY CANNOT BE FULLY EXCLUDED UNDER APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SELF-CHECK SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).

6.3 Essential Purpose

YOU ACKNOWLEDGE THAT THE SELF-CHECK IS PROVIDED FREE OF CHARGE AND THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT PROVIDE THE SELF-CHECK TO YOU WITHOUT THESE LIMITATIONS.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless [ENTITY_NAME], its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of or reliance on the Self-Check or its results; (b) your violation of these Self-Check Terms; (c) any decision you make based on the Self-Check results, including any purchase, use, or return of any product; or (d) your violation of any rights of another person or entity.

8. INTELLECTUAL PROPERTY

All content, software, algorithms, data, text, graphics, user interfaces, and other materials associated with the Self-Check are owned by or licensed to us and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, reverse-engineer, decompile, or create derivative works of any portion of the Self-Check without our prior written consent.

9. MODIFICATION AND TERMINATION

9.1 Modification

We reserve the right to modify, update, or discontinue the Self-Check or these Self-Check Terms at any time, with or without notice. Your continued use of the Self-Check following any modification constitutes your acceptance of the modified terms. We encourage you to review these Self-Check Terms periodically.

9.2 Termination

We may suspend or terminate your access to the Self-Check at any time, for any reason or no reason, without liability to you.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Self-Check Terms and any dispute arising out of or relating to them or the Self-Check shall be governed by and construed in accordance with the laws of the State of WA, United States, without regard to its conflict of law principles.

10.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Self-Check Terms or the Self-Check (including the validity, enforceability, or scope of this arbitration provision) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of Delaware or, at your election, may be conducted remotely via videoconference or telephone. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND WE EACH AGREE THAT ANY CLAIMS SHALL BE BROUGHT SOLELY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for claims within that court's jurisdiction, or seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

11. GENERAL PROVISIONS

11.1 Severability

If any provision of these Self-Check Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

11.2 No Waiver

Our failure to enforce any provision of these Self-Check Terms shall not constitute a waiver of that provision or any other provision.

11.3 Assignment

We may assign our rights and obligations under these Self-Check Terms without your consent. You may not assign or transfer your rights under these Self-Check Terms without our prior written consent.

11.4 Contact

If you have questions about these Self-Check Terms, please contact us at: us.health@anker.com