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Mobile Application Terms of Service

Last updated: November 10, 2025

These Terms of Service (“Terms”) govern your use of the Fortell Research Inc. d/b/a Fortell Audiology (“Fortell Audiology”) mobile application (the “App”) and related services (the “Services”). By creating an account or using the App, you agree to these Terms. If you do not agree, you may not use the App.

1. Who We Are

The App is operated by Fortell Research Inc., a U.S.-based company providing hearing aids and related audiology services. You can contact us at:

Fortell Research Inc.
Address: 379 W Broadway, Office 549 New York, NY 10012

Phone Number: 917-451-6132

Email: support@fortell.com

2. Eligibility

  • You must be at least 18 years old to use the App.
  • If you are under 18, you may only use the App if your parent or legal guardian has reviewed and agreed to these Terms on your behalf and provides ongoing supervision of your use.
  • The App is intended for use by residents of the United States. By using the App, you represent that you are located in the United States.

3. Account Registration

  • To access certain features, you must create an account with accurate and complete information.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
  • You agree to notify us immediately of any unauthorized use of your account.

4. Description of Services

The App is designed to work with Fortell hearing aids and may include features such as:

  • Remote control of hearing aid settings (volume, programs, equalizer).
  • Health tracking (steps, wearing time, activity levels, etc.).
  • Remote support sessions with licensed hearing care professionals.
  • Device information (battery status, cleaning reminders, device location).

Features may vary depending on your device model and updates to the App. We reserve the right to modify, suspend, or discontinue any feature at any time without notice or liability.

5. Updates and Modifications

We may update the App from time to time to improve performance, add features, or address security issues. Updates may be required for continued use of the App. Your continued use of the App after an update constitutes acceptance of the updated version. We are not responsible for any issues arising from your failure to install required updates.

6. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which is incorporated herein by reference, and, where applicable, our HIPAA Notice of Privacy Practices. Certain information collected through the App may be considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and will be handled in compliance with applicable HIPAA requirements. By using the App, you acknowledge that you have received and reviewed our Privacy Policy and, if applicable, our HIPAA Notice of Privacy Practices.

7. User Responsibilities

When using the App, you agree to:

  • Use the App only for lawful purposes and in accordance with these Terms.
  • Not attempt to reverse engineer, decompile, disassemble, hack, interfere with, or misuse the App or attempt to gain unauthorized access to any systems or networks connected to the App.
  • Maintain a reliable internet and Bluetooth connection for proper functionality.
  • Keep your account information accurate and up to date.

8. Intellectual Property

The App and all related software, content, trademarks, and intellectual property are owned by Fortell Audiology or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes in accordance with these Terms. All rights not expressly granted herein are reserved by Fortell Audiology.

9. Medical Disclaimer

The App is intended to support your use of Fortell hearing aids and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through the App. If you think you may have a medical emergency, call your doctor or 911 immediately.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP WILL MEET YOUR SPECIFIC NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

To the fullest extent permitted by law:

  • FORTELL AUDIOLOGY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
  • IN NO EVENT SHALL FORTELL AUDIOLOGY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE APP OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FORTELL AUDIOLOGY FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Termination

We may suspend or terminate your access to the App if you violate these Terms. You may stop using the App at any time by deleting your account and uninstalling the App.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York without regard to conflict of law principles.

Disputes under these Terms shall first be submitted to mediation.  Any dispute that cannot be resolved by mediation within 45 days of notice by one party to the other of the existence of a dispute (unless the parties agree to extend that period) shall be resolved by arbitration in accordance with the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §1 et seq.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version in the App with a new “last updated” date. Continued use of the App after changes means you accept the revised Terms.

15. Contact Us

If you have questions about these Terms, please contact us at:

Fortell Research Inc.
Address: 379 W Broadway, Office 549 New York, NY 10012

Phone Number: 917-451-6132

Email: support@fortell.com