Terms of Use -
Hearing Number App
Last Updated: 12 November 2024
The Hearing Number App (“App” or “HNA”) is developed and provided by Mimi Hearing Technologies GmbH, a German company with limited liability and its offices at Boxhagener Str. 82, 10245 Berlin under contract by the Johns Hopkins Bloomberg School of Public Health, a private public health graduate school based in Maryland, USA (hereinafter “we”, “us”, “our”, and “Mimi”). Learn more about the Hearing Number and how to use it at www.HearingNumber.org.
How to reach us?
Mimi Hearing Technologies GmbH
Registered address: Boxhagener Str. 82, 10245 Berlin, Germany
Contact email address: privacy@mimi.io
Johns Hopkins Bloomberg School of Public Health
Registered address: 615 N. Wolfe St., Baltimore, Maryland, 21205 USA
Contact email address: support@hearingnumber.org
1. Scope
1.1 These Terms of Use (“ToU”) apply to the download and use of our App. Johns Hopkins has contracted with Mimi to develop the Hearing Number App. The App is a mobile application which enables iOS and Android users (“user” or “you”) to learn their Hearing Number, which is also known as the 4-frequency pure tone average, or PTA4, by taking a hearing test. Measurement of the Hearing Number with this App meets ANSI/CTA-2118 (Four Frequency Pure Tone Average Testing Methodology and Hearing Wellness Reporting Metric for Consumer-Facing Hearing Solutions). This standard describes the assessment and use of the PTA4 as a common hearing metric for consumer-facing devices in order to establish consistent terminology around hearing wellness and promote awareness of hearing wellness across the life course.
After completing the test, you will receive a personalized result about your hearing. If you have taken multiple hearing tests over time, you can access all previous assessments from your Results History.
1.2 These ToU apply if you download and use the App as a consumer, i.e. for purposes outside your commercial or professional activity.
2. Terms of use, ordering process, conclusion of contract
2.1 The contract of use between you and us is concluded by using the App. The App can be downloaded and used free of charge. The use of the App, particularly the performance of hearing tests, is offered to you without registration or account creation.
2.2 You should be at least 18 years old to use the App. Minors require the consent of their parents or legal guardians.
2.3 To use the App, you need a mobile device, i.e. a smartphone or tablet, with iOS 16.4 or higher OS compatibility or with Android 7 or higher compatibility (API Level 24). The App can be downloaded from the Apple App Store for iPhone or iPad or Google Play for Google or Samsung smartphone or tablet.
2.4 After you have downloaded and installed the App on your device, you will have the opportunity to read the ToU. If you are asked separately to confirm that you have read and accepted the ToU, you cannot use the App without confirmation (e.g. by checking or ticking a box).
2.5 If necessary and in connection with the use of the App, we may also ask you for your consent to data protection.
2.6 We do not store the text of the version of our ToU in force at the time you downloaded the App. If you want to keep a copy of this version, please download it during the installation process.
2. Terms of use, ordering process, conclusion of contract
2.1 The contract of use between you and us is concluded by using the App. The App can be downloaded and used free of charge. The use of the App, particularly the performance of hearing tests, is offered to you without registration or account creation.
2.2 You should be at least 18 years old to use the App. Minors require the consent of their parents or legal guardians.
2.3 To use the App, you need a mobile device, i.e. a smartphone or tablet, with iOS 16.4 or higher OS compatibility or with Android 7 or higher compatibility (API Level 24). The App can be downloaded from the Apple App Store for iPhone or iPad or Google Play for Google or Samsung smartphone or tablet.
2.4 After you have downloaded and installed the App on your device, you will have the opportunity to read the ToU. If you are asked separately to confirm that you have read and accepted the ToU, you cannot use the App without confirmation (e.g. by checking or ticking a box).
2.5 If necessary and in connection with the use of the App, we may also ask you for your consent to data protection.
2.6 We do not store the text of the version of our ToU in force at the time you downloaded the App. If you want to keep a copy of this version, please download it during the installation process.
3. Updates and Changes
3.1 We will provide necessary updates for the App from time to time, e.g. security updates or technical updates that are necessary for the trouble-free operation of the App. You are solely responsible for installing such updates. If you do not install updates, it is possible that you will no longer be able to access all functions of the App or use the App at all. You will be informed about updates in the App.
3.2 In addition to updates, we reserve the right to change individual functionalities of the App, in particular to expand, restrict or discontinue them, or to change the user interface of the App with due consideration of your interests, if there is a valid reason for such a change, such as the need to adapt the app to a new technical environment (e.g. changed operating systems), an increased number of users, new or changed user needs, new scientific findings on the subject of hearing, new regulatory requirements or another important operational reason. You will be informed about such changes in the App.
3.3 We may have to discontinue support for an old version of the App due to legal requirements. You can continue to use the App by switching to the latest version.
4. Conditions for use
4.1 You must comply with the applicable laws when using the App and must not infringe the rights of third parties. Otherwise, we are entitled to block your use of the App.
4.2 You may only use the App for your own private purposes. Any commercial use is prohibited. In particular, you may not rent, lease, loan, sell, distribute, sublicense, copy, reverse engineer, decompile, disassemble, translate, modify, distribute copies of the App or its software, make available, adapt or create derivative works from the software, without prejudice to your rights to make a backup copy of this software under Section 69d (2) of the German Copyright Act or to decompile the software under Section 69e of the German Copyright Act.
5. Not a medical device / non-medical use
5.1 We do not provide medical advice and diagnosis via the App, hearing tests and related services. The provision of medical advice and diagnosis is the responsibility of your doctor or other medical or hearing care professional. The App itself and the information provided through it are not intended for diagnostic or therapeutic purposes. The App (including the content provided through it) is not intended to replace the advice or visit of your doctor or other medical or hearing care professional. If you have any health problems or questions while using the App, please contact your doctor, other healthcare professional or hearing care professional immediately. The App and the content provided through it do not establish a doctor-patient, therapist-patient or other professional medical relationship between you and us.
6. Liability
6.1 In the event of defects in the App or other breaches of contract, the statutory provisions shall apply.
6.2 We shall only be liable for damages that you suffer due to simple negligence on our part to the extent that they are typical contractual damages foreseeable at the time of conclusion of the contract, i.e. damages that we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or that we should have foreseen if we had exercised due diligence. Indirect damages and consequential damages resulting from defects in the App are also only eligible for compensation if such damages are typically to be expected.
6.3 The above limitation of liability does not apply in the following cases:
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- in the event of willful or grossly negligent conduct;
- in the event of death or personal injury;
- if we have fraudulently concealed a defect;
- in the event of a breach of a material contractual obligation, i.e. the obligation to provide the Mimi App in good time without defects that impair its functionality or usability more than insignificantly;
- in the case of claims under the law on product liability.
6.4 We are not liable in the event of improper use of the App.
6.5 The above limitation of liability shall apply to the same extent in favor of our executive bodies, legal representatives, employees and other vicarious agents.
7. Termination
7.1 You can terminate your contract with us at any time by uninstalling the App. If you do so, you will no longer be able to use the App or access the data and information stored in the App. Any legal right to obtain content other than personal data that you have provided or created when using the App remains unaffected.
7.2 We may terminate the contract if we have a valid reason to do so by giving you reasonable notice in the App, taking into account your interest in using the App. Reasons for termination on our part may be that we discontinue support of the App or an old version of the App due to regulatory or other legal requirements, that we replace the App or your version of the App with a new product due to legal requirements or peculiarities in certain regions, or that we cannot continue to support the App or an old version of it for other legal or technical reasons. If we replace the App with a new or similar product or offer a new version of the App, you can continue to use our services by switching to the new product or version.
7.3 Our right to terminate the contract without notice for good cause remains unaffected.
8. Applicable Law
8.1 German law applies to all disputes arising from or on the basis of these Terms of Use or the use of the App, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.2 Mandatory statutory consumer protection provisions of the country in which you have your habitual residence remain applicable.
9. Online dispute resolution
9.1 The European Commission provides a platform for online dispute resolution (ODS). You can find it at http://ec.europa.eu/consumers/odr/.
9.2 We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Changes to these ToU
10.1 We reserve the right to change these ToU. You will be informed of significant changes in the App. Significant changes that are not only beneficial to you, especially those that affect your rights, will only take effect if you have agreed to them. If you do not agree to them, we may terminate our contract and you will no longer be able to use the App.
