TERMS AND CONDITIONS (“TERMS”)

You must not make use of our Services, provide us with any personal information, or make any purchase through this website unless you understand, agree to and accept all of our Terms and Conditions.

When you click to make a purchase via a one-time payment, legal obligations arise and your right to the refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms & Conditions.

Once payment is made for your purchase, regardless of payment type, it is deemed that you have read, understood and accepted the Terms and Conditions.

If you have any queries, please contact us before making any purchase for any Service or product through this website.

Supplemental terms may apply to certain options or offers available through the Services, such as policies for a particular event, program, activity, or promotion. These supplemental terms will be provided to you with the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.

1. Agreement And Jurisdiction

hearX USA Incorporated, (“we”, “us”, “our”, “hearX USA”, “Lexie Hearing”, “The Company”) a Delaware Corporation, owns and/or licenses this website; the Lexie Hearing application available on Android and iOS platforms (the “App”); the Lexie Rewards® Program for the Lexie Lumen and Lexie B1 hearing aids; Lexie B2 hearing aids and the Lexie B2 Plus hearing aids; Powered by Bose (collectively the “Rewards Program/ Rewards”); Lexie Hearing brand and associated trademarks and the Chat option, hearX USA further licenses certain other intellectual property in terms of third-party partnerships and agreements. Any third-party trademarks appearing on this website are the property of their respective owners.

These Terms and if you purchased on subscription prior to 12 October 2023, the Rental Agreement (“Subscription”), form the basis of the legal relationship between you (product user, lessee and/or subscriber, website browser, one who procures, makes contact in any manner, purchases products or Services, utilizes the Rewards Program, access and use the Chat option functionality or signs up for a Subscription) and us, under which we agree to provide you with our equipment, services, software, Subscription, online hearing test, the App and Rewards Program, hardware, tools, website, know-how, hearing library or content (the “Services”) and create an agreement between you, the user, and us for the Services.

These Terms will become binding on you when you elect to utilize our Services and will be exclusively governed by and construed in accordance with the laws of the State of Delaware, whose Courts including both state and federal courts will have exclusive jurisdiction in any dispute, without giving effect to any choice-of-law or conflict-of-law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Delaware.

Any legal claim that you may have against us must be commenced within one year after the claim or cause of action arises. Failing to do so will prevent and invalidate your claim against us. In the event that a claim or cause of action does arise, same should be forwarded to the following e-mail address: legal@hearxgroup.com.

If any provision contained in these Terms is found to be invalid by any competent court with the necessary jurisdiction, the invalidity of such a provision will not affect the remaining provisions of these Terms, and they shall remain in full force and effect. Any waiver contained in the Terms shall not constitute a further or continuing waiver of such Term or any other Term.

2. Limitations To Use Of Site

This website (hereafter read to include the App and the Chat option), is intended for use only by persons 18 years and older.

By using this website, you accept the responsibility to maintain the confidentiality of your account and any login information created by yourself as a result of a purchase or subscription on the site.

You are deemed to be responsible for all activities in your account. If any unauthorized use of your account should occur, you are under an obligation to notify us of the security breach immediately.

This website is offered to you on the condition of your acceptance of these Terms, and by accessing and using the Services, you agree to be bound by, but not limited to, all terms, conditions, and notices, including our Privacy Policy and where applicable, the Rental Agreement.

You expressly warrant and undertake that you will not use this website for anything that is prohibited by these Terms.

You may only use this website to browse the content thereof, and make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make speculative, false, or fraudulent purchases.

This website and the content provided on this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. “Deep-linking'', “embedding” or using analogous technology is strictly prohibited. This prohibition expressly includes, but is not limited to, the practices of “web scraping”, “screen scraping”, and “data mining”.

You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code for this website or its content.

Unauthorized use of this website and/or the materials contained in this website may violate applicable copyright, trademark, or other intellectual property laws and/or any other relevant laws applicable. Therefore, we reserve our rights in that should any violation(s) and/or infringement(s) be detected/identified, we shall act in accordance with the remedies available to us in law.

We reserve the right to:

• modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
• change, amend, modify, add to or remove these Terms from time to time, and your continued use of the website (or any part of) and/or the Services following such change shall be deemed to be your acceptance of such change. Changes to these Terms will become effective upon such changes being posted to this website. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using the website or Services.

We will use our reasonable endeavors to maintain the website. However, we do not take responsibility for any loss of data. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension, or withdrawal of all or part of the website due to circumstances beyond our control.

3. Use Of Site

By using this website, making a purchase, accessing and using the Chat option, completing the “get in touch” section, or if you purchased on subscription prior to 12 October 2023, you agree to provide us with true, accurate, current, and complete information for your account, Subscription, and order (“Account Information”). You are also obligated to maintain the truthfulness and accuracy of that information by updating your Account Information if any changes in the accuracy thereof should occur.

If we have reason to believe that the above information is untrue or inaccurate in any way, we reserve the right to suspend or terminate your account, and prohibit any current and future use of this website or the Services.

We reserve the right to refuse Service, discontinue transactions, terminate accounts and/or cancel orders or Subscriptions at our sole discretion.

Services are exclusively available for Products obtained through the Lexie Hearing Website or from authorized Retail Partners. hearX is not obligated to provide Services to customers who have acquired its Products through unauthorized or illegitimate channels not associated with Lexie Hearing.

You accept responsibility for any fees, charges, duties, or taxes that may arise from the use of this website or the Services, which may vary from time to time. Your Account Information and certain other information about you are governed by and subject to our Privacy Policy and where applicable, your Rental Agreement.

4. Accuracy Of Information

DISCLAIMER: THE CONTENTS OF THIS WEBSITE AND THE HEARING LIBRARY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT THE SERVICES ARE MERCHANTABLE OR FIT OR SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. AND WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS IS EXPRESSLY SET FORTH HEREIN, ALL SUCH OTHER WARRANTIES BEING HEREBY DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW.

THE OWNER OF THIS WEBSITE, THE AUTHORS OF THESE CONTENTS, AND IN GENERAL ANYBODY CONNECTED TO US OR THIS WEBSITE IN ANY WAY, FROM NOW ON COLLECTIVELY CALLED "PROVIDERS", ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THESE CONTENTS.

FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE SAFETY, RELIABILITY, ACCURACY, CORRECTNESS, OR COMPLETENESS OF THESE CONTENTS.

The use of this website and Services is forbidden in those places where the law does not allow this disclaimer to take full effect.

Use of this website and Services is at your own risk. You expressly warrant that we will not be held liable for any claims resulting from your use of this website or the Services contrary to these Terms.

You hereby acknowledge and undertake that you have (and will continue) to submit truthful information/representations when answering questions regarding your hearing health which may flag you by our Service and advise that you seek professional medical attention.

The Services are not a replacement for a medical service and you hereby acknowledge this and indemnify us against your misuse of our Service or your misrepresentation while using our Service.

5. Limitation Of Liability

THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, DATA LOSS, LOST REVENUES, AND LOST PROFIT) WHICH MAY RESULT FROM THE INABILITY TO USE OR THE CORRECT OR INCORRECT USE, ABUSE, OR MISUSE OF THESE CONTENTS, EVEN IF THE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITIES OF SUCH DAMAGES. THE PROVIDERS CANNOT ASSUME ANY OBLIGATION OR RESPONSIBILITY.

Notwithstanding the above, nothing in these Terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation by us; or
• for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES AND/OR DAMAGES RELATING TO THE USE OF THE SERVICES OR BREACH OF ANY OF THE OBLIGATIONS OWED TO YOU, THE PURCHASER, OR ANY THIRD PARTY.

Our total liability under or in connection with the Services (whether in contract, tort, breach of statutory duty, restitution, or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the monies actually paid by you to us and to which the loss relates.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXIE HEARING, HEARX USA INC, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITY, LOSSES, DAMAGES AND/OR COSTS OR EXPENSES WHETHER SPECIAL, DIRECT, INDIRECT AND/OR OF A CONSEQUENTIAL NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, DEATH OR PERSONAL INJURY CAUSED BY ANY NATURE WHATSOEVER OR ARISING OUT OF THE USE OF YOUR HEARING AID(S), THE REWARDS PROGRAM, THE LEXIE APP, LEXIE CLUB AND OTHER LEXIE PLATFORMS, AND YOU HEREBY INDEMNIFY US AGAINST ANY SUCH LIABILITY.

You expressly agree to release us and/or our Providers from any and all liability connected with your use of any of our platforms and promise not to sue us for any claims, actions, injuries, damages, or losses associated with your use of these platforms.
You agree that, to the extent permitted by law, we shall in no event be liable to you or any third party for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with:

• your use or misuse of our platforms; and/or
• your use or misuse of equipment or programs created or licensed by us; and/or
• any delay or inability to use benefits associated with any of our platforms; and/or
• any information, software, products, services, or content on our platforms, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of damages.

6. Cautions & Notices

All information gathered through or supplied by this website, or any of the Providers, in any form, is deemed to be for informational purposes only and does not constitute medical or professional advice. The information and Services supplied by us are not a substitute for a visit to a medical professional and your use of this website does not create any professional relationship between us. You are advised that it is in your best health interest to consult a physician or healthcare professional before making any medical decisions. It should be noted that OTC hearing aids cannot restore normal hearing and will not prevent or improve any hearing impairment. Please take note of the Intended Use Notice you should be aware of, which is incorporated herein by way of reference.

More information, including the user instructional brochures, can be found on https://lexiehearing.com/us/support.

7. Copyrights And Trademarks

All content of this website is the property of hearX USA, a Delaware Corporation. All copyrights, trademarks, trade names, logos, and service marks (“the logos”), including Lexie Rewards®, the Lexie design mark, the “X” design mark, Powered by Bose logo and mark, and Bluetooth displayed on this website are owned and/or licensed by hearX IP (Pty) Ltd or its affiliates. Google Play, Google Play logo, the Android name and the Android Logo are trademarks of Google LLC. Apple and iPhone are registered trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

You are not permitted to use these marks without prior written consent from the owner thereof. In addition, any graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are owned and/or licensed trademarks or trade dress of hearX IP (Pty) Ltd or hearX USA Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not the property of hearX IP (Pty) Ltd or its affiliates, and in any manner, is likely to cause confusion among customers, or disparages or discredits hearX USA or its affiliates. Any Third-party trademarks appearing on this website are the property of their respective owners.

8. Contact Details

hearX USA can be contacted through the following channels:
Online support and address details for any product returns and servicing requests:
https://lexiehearing.com/us/support
hearX registered address (do NOT send returns or products to this address):
2140 South DuPont Highway, Camden, DE, 19934
Phone:
(800) 499-1336
Email:
support@lexiehearing.com

9. Third-Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites. Including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources, nor for reliance on any such content, goods, or services available on such external websites or resources.

10. Privacy Policy

Use of this website and/or the Services and the collection, use, and sharing of your Personal Information is governed by our Privacy Policy. If you request that your account or data be deleted, either by contacting us or through the App, your access to the Services will immediately cease and any accumulated points or value from the Lexie Rewards programs will become worthless and unable to be redeemed for any value.

Please note that deleting your account or data will not cancel your Subscription (if applicable).

11. Cookies

When you visit the website, we use “cookies” which are small files stored as text on your computer or device. In some countries, we are not permitted to send cookies to the browser of a user without the prior consent of the affected user. In this case, we will seek such consent. The remainder of this section assumes that either the use of cookies is not restricted by applicable law, or if it is restricted that the individual has explicitly consented to the use of the cookies.

These “cookies” and other similar technologies like pixels, web beacons (also known as “clear GIFs”) and local storage may be used to collect information about how you use the Services and provide features to you.

If a visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies. Please note that if you use your browser settings to modify or block all cookies, you may not be able to access parts of the Services and your user experience may be severely degraded. We may share non-Personal Information obtained via cookies with our advertisers and affiliates.

Information provided by these cookies are essential to help us provide the Services in a manner that is adapted to each user’s specific needs. We believe that such means are fair, lawful, and proportional to the legitimate interest and needs of our business and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.

12. Reviews, Comments, Communications, And Other Content

You may post reviews, comments, photos, and other content and submit communications or other information to our social media platforms, websites, or through our Services, only if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, objectionable, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. We reserve the right (but not the obligation) to remove or edit such content.

When you post content or submit material, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.

You further grant us and any of our sublicensees or subsidiaries the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify hearX for all claims that may result from the content you supply.

You are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party. We reserve the right, but not the obligation, to monitor and edit or remove any activity or content that you may submit or make available on any of our social media platforms, websites or through our Services.

13. Online Hearing Test

Our online hearing test uses audio files and software developed by hearX Group (Pty) Ltd. This test is developed to help you identify the possibility of some form of hearing impairment. This online hearing test is not a diagnostic hearing evaluation. Your degree of hearing loss, if any, cannot be diagnosed through this online test. You are urged to consult a healthcare professional for an official diagnosis.

14. Purchase and Subscription Options

All payments are made in United States Dollars (USD).

If you purchased on subscription prior to 12 October 2023, please note that you may not under any circumstances sell and/or dispose of the hearing aid devices to a third party under your Rental Agreement.

You can choose from the following options and sources to get your hearing aids:

• Outright purchase using your credit card from the lexiehearing.com store (or via our Hearing Hub® on (800) 499 1336); or or
• Outright one-time purchase using your HSA or FSA card (excludes add-on packages) from the lexiehearing.com store; or
• Outright purchase or flexible payments options available; or
• Wallets: Apple Pay or Google Pay

If you need to update your billing information at any time, you have a few options available. You can contact us by phone at 800-499-1336, or you can send us an email at support@lexiehearing.com. Additionally, if you prefer a more convenient method, you can use the Lexie App to make changes without needing to contact us directly. Simply navigate to the "Personal Information" section within the app and update your credit card details.

Please be aware that it is your responsibility to ensure that we have your most up-to-date billing information on record in order to process any payments due. Neglecting to provide us with accurate and current information may result in your details being forwarded to a debt collection agency. We encourage you to promptly update your billing information to avoid any potential issues.

15. Delusive Or Fraudulent Purchases And Misuse Of Policies

You are prohibited from using our Services, or making any purchase, that is in any way speculative, deceitful, false, or fraudulent, or intended to abuse any of our policies or processes. We reserve the right to refuse Service, discontinue transactions, terminate accounts and/or cancel orders or subscriptions at our sole discretion.

16. Subscription

The Subscription payment option is no longer available as of 12 October 2023, but to our customers that purchased on subscription prior to this date, the following terms and conditions will apply to such period until the end of your initial subscription term.

Please note that the term Subscribe or Subscription on this website and throughout our marketing material shall mean a fixed-term hearing aid device rental agreement with the option of purchasing add-on packages which may include accessories and Services for a fixed monthly payment. The Subscription option is only applicable to certain offers. A valid and active credit card/ FSA card/ HSA card is required for the Subscription option. The same credit card used for the start-up payment will be charged automatically for your recurring payments. The start-up payment is a security interest and becomes non-refundable if the rental agreement is canceled after 45 days. No credit checks will apply to Subscription orders.

We reserve the right to change the Subscription terms and vary the monthly fees payable from time to time, subject to compulsory deductions (e.g. applicable taxes etc.) or, stop providing the Subscription option or any features of the Subscription with prior notice.

We reserve the right to terminate or suspend your access to the Services, Subscription and/or disable your access to the hearing aid devices, without liability, within our sole discretion if you violate any of the Terms and Conditions. You will continue to be bound by the Terms and Rental Agreement following such termination or suspension.

By signing up for the Subscription you expressly agree that we may verify your payment method, billing, and/or shipping address and that we may contact you (either by email or phone) if we require any additional information to process your Subscription. You are required to supply valid information for any Subscription. Any inaccurate or invalid information provided may result in delays in processing your Subscription.

We reserve the right to investigate any Subscription if we suspect that such Subscription is in violation of the Terms, including without limitation, verifying your credit card information.

Your Subscription must remain active to make use of the Services. Payments are to be made for a given month in advance. The billing cycle is every calendar month from the date of purchase.

If you cease to make payments for the Subscription for a period of 2 weeks after your monthly payment was due, your account and Subscription may be deactivated. We reserve the right to disable your hearing aids and your access to the Services in the event of non-payment of the Subscription fees, and you will become liable to return your hearing aids.

In the event of non-payment of Subscription fees, we reserve the right to hand your account over to our debt-collecting agents and institute legal proceedings in accordance with the applicable federal and state laws. You will also be required to return the hearing aid devices and accessories (if applicable) to us in accordance with our Returns Policy.

If you fail to return your hearing aid devices and accessories in accordance with our Returns Policy, Subscription fees will continue to be due and payable. If you fail to make payments for your Subscription and third-party collection should become necessary, you hereby agree to pay all outstanding fees and the costs of collection thereof including attorneys' fees and court costs incurred as a result of your non-payment.

The start-up payment and first month's Subscription fee may be refunded in the event of cancellation of your Subscription within the 45-day trial period, subject to the applicable returns policy. The returns policy that applies to your product will be determined by the retailer from which you have purchased your products. By purchasing a Subscription you accept responsibility for all recurring charges prior to cancellation.

You may terminate your Subscription before your next payment is scheduled by contacting us, but you will be required to return the hearing aid devices and accessories (if applicable) to us in accordance with our Returns Policy and you will, where applicable, be subject to an early termination fee. By choosing the Subscription option, you expressly agree that we are authorized to charge you for your Subscription and you will be responsible for such charges.

We may collect your Subscription payments from you directly, use a third-party payment partner (the “Payment Partner”) to bill you or bill your FSA/HSA account for your Subscription. The processing of Subscription payments by the Payment Partner or through your HSA/FSA accounts will be subject to the terms and conditions and privacy policies of such Payment Partner/insurance company in addition to these Terms. We cannot be held responsible for any errors on the part of the Payment Partner/insurance company.

By choosing the Subscription option, you agree to make payment to us, either directly, through the Payment Partner or through your FSA/HSA account, for the Subscription fee and other applicable charges, and authorize us, directly or through the Payment Partner/ insurance company, to charge your chosen account with such payments.

The Subscription payments consist of a start-up payment and a monthly Subscription fee, which will be followed by monthly recurring payments for a fixed term of 24 months unless canceled by you in accordance with the Terms and the Rental Agreement.

You will have the option to either return your hearing aids or upgrade your hearing aid at the end of the fixed term, to ensure that you have access to the most relevant technology and functionality available.

At checkout, where applicable, you have the option to add the following to your Subscription:

• Care kits (where applicable): Supplied after your 45-day trial period and then every subsequent 6 months until your Subscription is terminated. The accessories supplied are enough to last 6 months. Within reason and subject to our approval, an earlier replenishment can be arranged by contacting us on (800) 499 1336. Accessories may not be used for any other hearing aid or any other purpose. Abuse of these supplies is a violation of these terms.
• Lexie Care: Free access to our Lexie Experts® to help you get the best experience out of your hearing aids. Lexie Experts® are available during our Hearing Hub® trading hours. These hours may be changed at our discretion.
• Protection Plan: A product protection plan that covers certain types of breakages and damage. Please note that we reserve the right to make this determination at our sole discretion. Please note that if your hearing aid is lost, stolen, damaged by a third party (any party except you or Lexie Hearing) or irreparably damaged as a result of your own negligence a replacement fee of $120 per individual Lexie Lumen hearing aid or $300 per pair of Lexie B1 Powered by Bose hearing aids or $360 per pair of Lexie B2 and B2 Plus Powered by Bose hearing aids will be payable for the replacement thereof. If it is determined that your hearing aids need to be replaced, we reserve the right to replace such hearing aids with refurbished hearing aids. If your hearing aids become damaged (excluding third-party damage or your own negligence), you can send it to us and we’ll repair them, at no cost to you under this protection plan. We highly recommend that you get the protection plan within your trial period.
• Free shipping: We offer you the option of free shipping of your hearing aid devices and where applicable, care kits. Please note that any return shipping or re-shipping costs will be for your own account. Please refer to our Shipping Policy.
• Rewards program: You will have access to our proprietary program which rewards you for wearing your hearing aids and interacting with us.

17. Payment Processing, Card Information And Security

Your payment details are not shared at any time.

We use a trusted third-party payment provider, Stripe Incorporated (the “Payment Portal Provider”), to securely store your payment information and maintain Payment Card Industry (PCI) compliance and securely store, process and transmit card data to the PCI compliance standard. The Payment Portal Provider has access to your payment information solely for the purposes of fulfilling this task.

The Payment Portal Provider processes all credit card and/or HSA or FSA card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.

Our Payment Portal Provider is committed to providing secure online services and continually reviews and enhances their security in line with technological changes. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. The Payment Portal Provider’s Internet servers are protected by firewalls and intrusion detection systems.

We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:

• Google for Google Analytics;
• Firebase for data analytics (anonymised data);
• Amazon for data storage.

18. No Legal Relationship

Your use of our hearing aid devices, the App, the Website or Services and/or participation in the Rewards program does not create any legal relationship with us, other than being bound by these Terms and Conditions, and where applicable, the terms of your Rental Agreement.

We may need to notify you by text, phone call or email regarding incomplete purchases or unfinished cart checkouts and, from time to time, be required to send communications to you regarding our Services. We may also need to contact you to complete surveys or research questionnaires relating to current or potential services that we may offer, which you irrevocably agree and consent to herewith

19. Telephone Consumer Protection Act (TCPA)

To participate in the Rewards program or Subscribe to our Service, you will be required to give your consent for us to contact you using the details that you have provided, by phone (including residential and cellular phone), email, text and/or the App about your Subscription, hearing aid devices, your participation in the Rewards program and/or any new products or offers that may become available.

Please note that this consent is not a condition of purchase of any product on the website, but it is expressly required for Subscriptions, use of the App, and your participation in the Rewards program.

By signing up (which includes your participation in the Rewards program) you acknowledge, understand and consent thereto that there may be instances where you will be required to complete certain communications from us to earn points which will count towards your points accumulation.

These communications may be transmitted to you using the App, phone, text or email (including email sent to your mobile device(s)). hearX USA utilizes an automated notification system to quickly and efficiently notify users of upcoming goals, information on your Subscription, the hearing aid devices, your participation in the Rewards program and/or any new products or offers that may become available and other information related to your hearing aid by phone, text, and email.

We will NOT use your personal information (including cell phone and landline numbers) for notifications other than those stated above.

In accordance with the Telephone Consumer Protection Act (TCPA), by clicking “submit” you agree and consent to receive recurring auto-dialed or pre-recorded marketing calls and/or general text messages and/or reminders from hearX at the number you provide, even if your number is on a state of federal Do Not Call list. You can reply “STOP” to opt-out of texts. Message and data rates apply. You also agree to the Terms and Conditions and Privacy Policy.

Please note: Consent is not required if the call or text is for emergency purposes or if made directly from one of our representatives. Please note that you can revoke consent to receive these messages at any time.

You may opt-out by replying “STOP” to any text from hearX. Please note that by opting out and withdrawing your permission, your use of the Services may be canceled and you will no longer be able to participate in the Rewards program and any points that you may have accumulated will be null and void. You are required to promptly notify us of any changes in the ownership of your cellular/ mobile or landline number (including its user contract) and email address if provided. Please note that deleting your account or data, or opting out of communications will not cancel your Subscription (if applicable). To cancel your subscription you will be required to follow the instructions set out in our Returns Policy.

20. User Consent

By continuing, by taking an online hearing test, filling out a contact or newsletter form, accessing or using the Chat functionality, purchasing, Subscribing or attempting to purchase a product or Subscription (prior to 12 October 2023), creating a draft order or abandoned cart, making contact with us, downloading the App, installing the App, creating a profile on the App, participating in the Rewards Program and by clicking ‘opt-in’ you give both hearX USA and their representatives, including their authorized marketing partners and providers, permission and consent to contact you via your cellular device or landline for automated phone, SMS text messages, in-App notifications, and to send email messages to your computer or other mobile devices for communications regarding Subscriptions, our Service or Products or to complete surveys or research questionnaires relating to current or potential services that we may offer. Even if your number is on the state or federal Do Not Call list. Message and data rates apply. You can reply “STOP” to opt-out of texts. You also agree to these Terms and Conditions and Privacy Policy.

You understand that emergency notifications are excluded from this permission and will be sent as normal. You hereby agree and undertake to promptly notify hearX USA of any changes in the ownership of the provided personal information (including cellular/ mobile or landline number and email address) which has been provided by you.

21. Coupons

How to use your coupon on selected items: Add an item to the shopping cart. Look for the box that allows for the addition of a coupon code on the checkout page above the payment breakdown. Enter your code into the box and press 'submit'. Be sure to check that the coupon was redeemed before continuing. Alternatively, scan the QR code on your warranty card for a discount on selected accessories and consumables.

Discount Coupons will be limited to the terms stated on the coupon and will only be issued to registered users, 18 years of age or older. A maximum of one coupon is allowed per order. The coupon code, expiry date, and discount applicable to the coupon will be detailed on each coupon.

Coupons have no cash value and are non-refundable and cannot be exchanged either fully or in part for cash of any amount. The coupon is redeemable in its entirety in a single transaction only and may not be redeemed incrementally.

The coupon discount and any minimum spend requirements as set forth on the coupon itself will be applied to the purchase price of eligible products only. The coupon may not be applied towards the cost of shipping, handling or customs, taxes, duties or other costs or fees associated with the purchase. A coupon cannot be combined with other offers, is not valid on past purchases, and cannot be used or claimed retroactively. Coupons are void in territories where the issue or use thereof is prohibited.

Any refund a customer may be entitled to receive, subject to our approval, will not include the coupon or its redemption value. The customer will receive no more than the amount actually paid towards the purchase price.

Coupons are issued by email to the address specified at the time of purchase. It is the responsibility of the customer to provide the correct email address. hearX will not be liable or responsible for any loss suffered as a result of a coupon via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the customer.

We reserve the right to cancel any promotion, issued coupons, close user accounts, and/or request alternative forms of payment if a fraudulently obtained coupon is redeemed or used to make purchases. The use of automated devices or programs for coupon redemption is prohibited.

22. Hearing Aid Device Warranty

Your hearing aid device is covered under warranty for defects in design, materials, and workmanship (excluding general wear and tear on the devices, slim tubes, domes, receiver-in-canal (RIC) wires, or accessories) for 12 (twelve) months from the date of purchase of the original product. To qualify for this warranty you will need to download the Lexie App and onboard completely or if applicable, scan the QR code provided with your purchase. Please note that we reserve the right to request proof of purchase at any time.

If we determine that your hearing aid is faulty due to design, materials, or workmanship we will repair or replace it once under this warranty at no cost to you. Please note that we reserve the right to make this determination at our sole discretion. If it is determined that your hearing aids need to be replaced, we reserve the right to replace such hearing aids with refurbished hearing aids.

The hearing aid device warranty will be in effect and remain in effect regarding any subsequent replacement hearing aid supplied, from the date of purchase of the original product. Warranty claims will not be valid if the hearing aid has been modified or damaged, if the serial number has been altered, or if repairs have been made by someone other than us.

Please note that if a hearing aid device is damaged by the user, stolen, or lost, replacement or repair thereof will not be covered under warranty.

23. Hearing Aid Device and Accessories - Repairs and Replacements

Kindly note that you must within 7 days after receipt of the hearing aid and accessories, inform us if an accessory or part thereof is missing.

Should you fail to inform us timeously and within the time period provided, we shall take no liability and/or responsibility to replace the said accessory or part thereof, and you will have to purchase the accessory or part thereof that is missing at your own cost.

If your hearing aid(s) would need to be repaired or replaced during the warranty period, please contact us. You will need to return the suspected defective device(s) to allow us to inspect it. You must ensure that the correct device(s) is returned to us, including all accessories and consumables received in the initial packaging.

You will not receive a replacement until we have received the correct device(s) and concluded our inspection. Once we have received the correct returned hearing aid(s) and concluded our inspection you will be notified if your hearing aid device(s) qualifies to be repaired or replaced. Please note that we reserve our right to make this determination at our sole discretion. If it is determined that your hearing aid device(s) does qualify, we will send your repaired or replacement hearing aid within 2 weeks thereafter. If it is determined that your hearing aids need to be replaced, we reserve the right to replace such hearing aids with refurbished hearing aids.

If it is determined that the suspected defect was caused by the user or there is no defect at all or the device is unrepairable upon our inspection; you will become liable to pay the relevant costs relating to the repair/replacement of the device(s).

Repair costs will be applicable as follows:

Lexie Lumen: standard fee of $25.00 and will cover evaluation, cleaning, repairs and shipping back to the customer.

Lexie B1, B2 and B2 Plus Products
Minor Repairs: The applicable fee will be $25.00 and will cover evaluation, cleaning, minor repairs (if required) and shipping back to the customer.

Minor repairs will include the following: device cleaning, wax guards replacements and dome replacements.

Major Repairs: The applicable fee will be $60.00 and will cover evaluation, cleaning, major repairs and shipping back to the customer.

Major repairs will include the following: battery door replacements, Ric wire replacements, PCBA Replacement, component replacements, water damage and shell damage.

We will first contact you for your approval before any work is performed, or where applicable, a replacement cost and subsequently charge your account accordingly. Kindly note that we reserve the right to withhold the hearing aids up until payment of the repair costs.

If you are still within your 45-day trial period and require repairs to your RIC wires, we will provide one complementary pair of either size 1 or size 3 RIC wires. Please contact our Hearing Hub® for more details.

24. Out of Warranty Repairs for one-time Purchases on selected hearing aids

Please contact us for out-of-warranty repairs.

We will accept any hearing aids or accessories for repair or service for a period of five (5) years after the date of purchase. Servicing, shipping, repair or replacement after the warranty period has expired will be for your own account. If it is determined that your hearing aids need to be replaced, we reserve the right to replace such hearing aids with refurbished hearing aids.

We will send you a bill showing the repair and service to be provided and charged for. If the anticipated charge for the repair or service should exceed an amount of $50, we will first contact you for your approval before any work will be performed.

25. Returns and Refund Policy

Please note that returns for devices purchased ONLINE or IN-STORE through our partnership with any retailer or partner must be returned in accordance with such retailer or partner’s specific online or in-store returns policy.

Returns for devices purchased ONLINE directly from www.lexiehearing.com through this website only, must be returned to the following address:
For Lexie Lumen hearing aids: PO Box 8005, Dekalb, IL 60115 US;
=For Lexie B1, B2 and B2 Plus Powered by Bose hearing aids: 678 Mendelssohn Ave N, Golden Valley, MN 55427.
Partners or retailers will only be able to process returns for devices purchased online or in their stores (physical).

This Return and Refund Policy is applicable to all one-time purchases and Subscriptions purchased prior to 12 October 2023, made through this website, and excludes in-store purchases and/or through a retailer or partner.

We recommend that you use your Lexie hearing aid(s) for a trial period of three weeks for you to properly adjust to the new hearing aid(s). This trial period is not compulsory and if you are not satisfied with your purchase you can return your Lexie hearing aid(s) at any time within 45-days from the date of receipt for a full refund on the purchase price of the hearing aids or Subscription fees (including the refund of the start-up payment) (minus any shipping costs, discounts or coupons redeemed on purchase). The 45-day trial period varies depending on where you buy your Lexie hearing aids and, if applicable, is subject to retailer-specific conditions. Please note that any accessories that you have bought from us are non-returnable and non-refundable.

If applicable, within the 45-day trial period:

Depending on where you purchase your Lexie hearing aids, the trial period may differ and, if applicable, be subject to retailer-specific restrictions available on the retailer’s website or alternatively in store.

Please note that in order to qualify for a full refund, all additional accessories, carry case, charging case, charging cable or ‘free gifts’ included with the purchase need to be returned along with your Lexie hearing aids.

THE 45-DAY TRIAL PERIOD IS ONLY APPLICABLE ONCE PER DEVICE MODEL. YOU WILL ONLY BE REFUNDED ONCE FOR EACH TYPE OF HEARING AID YOU WISH TO RETURN, NO RETURNS WILL BE MADE FOR CREDIT.

YOU WILL NOT BE PERMITTED TO TRIAL AND RETURN THE SAME DEVICE MODEL MULTIPLE TIMES WITH THE GOAL OF CONTINUED USE OF THE DEVICES WITHOUT PAYMENT OR ANY OTHER FRAUDULENT USE EITHER THROUGH A ONE-TIME PURCHASE OR SUBSCRIPTION.

We do not include return labels with your Lexie hearing aids. To return your Lexie hearing aids, you must contact our Lexie Experts® to request a free return label.

You can connect with Lexie Experts® through the Lexie app's "Contact Us" section, or by calling (800) 499-1336, or by emailing support@lexiehearing.com.

Please note that any loss or damage of your Lexie hearing aid(s) incurred during the returns process will be for your own account and responsibility. Once provided to you, the USPS return label will only be valid for three (3) months from the provided date. We do not accept any liability for any loss or damage of your hearing aid(s) that may result from the return shipping process. We highly recommend that you purchase additional shipping insurance when returning your Lexie hearing aid(s).

To qualify for the above refund, you will need to log a call with our Lexie Experts® at any time before, but no later than 5pm (ET) on the 45th day after receipt. You will thereafter receive an email explaining our returns process.

The USPS return label number MUST be included on the return package. To be eligible for a refund, you will be required to send the hearing aid(s) and all accessories received in the initial packaging back to us and provide the tracking number of the package within 7 (seven) days of logging your call with us. Once we have received the devices together with all the accessories and have confirmed that they are eligible for a return, we will process your full refund.

Please note that you will only be refunded once for each type of hearing aid you wish to return, and it may not be returned for credit.

For your Lexie hearing aid(s) to be eligible for return and a refund:

• It must be returned in working order with everything that was included in the original packaging (including the carry case), together with all accessories, free gifts, instructions and documentation (if any).
• Your hearing aid(s) must not be damaged, scratched, or soiled. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right we may have to hold you liable for any loss or damage you cause to a product (including its packaging) while in your possession.
• The return label issued to you must be accurately and clearly attached to the package when returning your Lexie hearing aids.
• The package will need to be returned to the correct address as provided by us.

Where you have purchased/received accessories and do not return them with your hearing aid(s), you will not be eligible for a full refund. We reserve the right to charge a replacement fee for any accessories not returned after a request from hearX. The replacement fee will be processed against your credit card/FSA/HSA card. You will have 7 (seven) days to return the accessories after the notice or provide us with the tracking number.

We are not able to accept the return of any products which do not comply with these conditions. Products returned without a valid return label will be deemed not to have been validly returned and may be sent back to you at your own expense.

If the product is returned within 45-days of the date of receipt and you have complied with the above conditions you will be entitled to a full refund of the original purchase price or Subscription fee. Any refunds shall be affected in the same manner in which your payment was made (i.e. by processing the refund against your credit card/FSA/HSA card).

All Lexie Rewards points accumulated will be forfeited on the return of the Lexie hearing aids.

After the 45-day trial period:

Depending on where you purchase your hearing aids, the trial period may differ and, if applicable, be subject to retailer-specific restrictions available on the retailer’s website.

If you have purchased your Lexie hearing aids through the one-time payment and wish to return your hearing aids, you may return your Lexie hearing aids (and where applicable accessories), but no refund for any portion of the payment will be given.

If you have Subscribed prior to 12 October 2023 and wish to cancel your Subscription after the initial 45-day trial, you may return your hearing aids (and where applicable all accessories) after the 45-day trial, but no refund for any portion of your Subscription fees to date, or the one-time start-up payment will be given. If you return the hearing aids after the 45-days have lapsed you will not be refunded but your Subscription will be canceled and you will not be charged any further Subscription payments, however, you will be liable to pay an early termination fee for early termination of your Subscription and return your hearing aid(s) and accessories. We reserve the right to charge a replacement fee for any accessories not returned.

If you elect to cancel your Subscription prior to the end of the 24-month period, we will charge a fee for the early termination. The early termination fee amount will be equivalent to one month of your Subscription fee (excluding any shipping costs, discounts or coupons redeemed on purchase). By terminating before the expiration date, you agree to be bound by these Terms and Conditions for a period of 12 months after termination and that the early termination fee is reasonable. Please contact us to arrange for cancellation and early termination. Note that you will need to return the hearing aids and all unused accessories.

Any customer that purchased the Lexie Lumen hearing aids on or after 26 July 2022 will be liable to pay the early termination fee upon return.

Please note that all shipping costs or any other costs incurred for the return of your hearing aid(s) will be for your own account, and any loss or damage of your hearing aid(s) incurred during the returns process will be for your own account and responsibility. We do not accept any liability for any loss or damage of your hearing aid(s) that may result from the return shipping process. We highly recommend that you purchase additional shipping insurance when returning your hearing aid(s).

You may not under any circumstances resell, or attempt to resell, the hearing aid devices.

If you have signed up for Lexie Club, please remember to also cancel your membership when you return your Lexie hearing aids.

In the event that you return your hearing aid(s), your access to and your value from the Rewards program will immediately cease and you will lose all accumulated points up until that point, and the points will become worthless and unable to be redeemed for any value.

In the event that we receive incorrect items from you, we will contact you to arrange for the return thereof. Please note that return shipping will be for your own account. If we are unable to obtain confirmation from you for the return of the incorrect items within seven (7) days of our receipt thereof, you hereby expressly agree that we are authorized to dispose of such incorrect items on your behalf.

26. Shipping

We only sell from this online store into the continental United States. We offer the option of free shipping throughout the continental United States. You may opt-in for express shipping during the checkout process at an additional cost. Please note that any return shipping or costs associated with re-shipping due to the incorrect delivery address will be for your own account. We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

The weekends and US federal holidays are excluded from our shipping policy.

We offer the following shipping options:
Free USPS Shipping

• Standard USPS shipping: Order delivered within 4-6 business days (estimated).
• Please note that insurance is not included. The risk of non-delivery passes to you. This means that in the event that your order is not successfully delivered to you, or if your package is stolen or goes missing during or after the delivery process, we will not be held responsible for the replacement of your order or refund of any purchase. We will however assist you with any required paperwork to file a complaint with the relevant shipping service provider.
• Orders can be shipped to a PO Box.

Priority Shipping

• UPS 2nd day air shipping: Order delivered within 2-3 business days (estimated).
• UPS insurance included.
• Orders cannot be shipped to a PO Box.

Expedited Priority Shipping

• USPS Air shipping: Order delivered within 1-2 days (including Saturdays) (estimated).
• USPS insurance included.
• Orders can be shipped to a PO Box.

27. Rewards Program

By signing in on the App, you automatically opt into the Rewards program and it is deemed that you have read, understood, agree to and are bound to these Terms and Conditions.

Our Rewards program is a free acclimatization program that gives you the opportunity to earn and redeem points for selected rewards which may include consumables (batteries, domes, and tubes) or accessories (as and when available in the Lexie store) and discounts on your monthly subscription (where applicable). The program differs in duration based on device purchase details and payment type.

Earn points when you wear your hearing aids, perform everyday tasks with your hearing aids and on the App, and give us feedback that will help us to help you. The Reward program is free to our App users and can be accessed through the App.

Rewards points can only be applied to the purchase price of eligible products or specified rewards, and carry no cash value. Rewards points may not be redeemed for cash.

In order to participate,simply download the App to your phone and you are automatically signed up to the Rewards program.

Points can be earned by completing Wearing Goals and activities set by Lexie Hearing. We reserve the right to change weighting and point allocation within versions of the Rewards program at our sole discretion. Lexie Hearing also retains the right to change the Lexie Rewards program and rewards available to users at any time. Accumulated points may be redeemed at any time during the program and redeemed points will be subtracted from the total number of accumulated points.

In the event that you return your hearing aid(s) or cancel your Subscription, your access to and your value from the Rewards program will immediately cease and you will lose all accumulated points up until that point and the points will become worthless and unable to be redeemed for any value.

Activities and Wearing Goals need to be synced with our Service in order for your points to be allocated. In order to do this, you need to ensure that your App is accessed while you have an internet connection (and while your devices are connected to the App via Bluetooth) at least once a week so that the activities and points which are cached on the device and can be synced to our service. Only points that are synced in accordance with this (or any other instructions which we give you for successful syncing) to the service will be attributed to your account. We shall not be held responsible for any lost or unassigned points as a result of your failure to use the App or sync the data with an internet connection regularly.

By signing up to the Rewards program you consent to receive phone calls, text messages, in-app notifications and communication, emails, and push notifications as part of the program. You can reply “STOP” to opt-out of texts. Message and data rates apply. By completing any rating or review activities you consent to such content being used in our marketing material, including our website, social media, and our blog. If used, this content shall not attract any royalty payments to you.

By participating in the Rewards program, you acknowledge and agree that we may collect anonymized information about your activities within the program. This data may be utilized to enhance the functionality and user experience of our site and App, as well as for research and development purposes. Rest assured your personal information will not be disclosed or shared with any third parties. If you have any concerns or questions about our data collection practices, please refer to our Privacy Policy or contact us.

You have the option to opt out of the Rewards program, simply navigate to the side menu of the App, select “Profile”, choose “Privacy”, locate the option “opt out of Lexie Rewards”, follow these prompts to complete the opt-out process. Please note that opting out of the Lexie rewards program may result in the forfeiture of any accrued rewards or benefits associated with the program.

1. Wearing Goals (except for Lexie B1, Powered by Bose Hearing Aids)

The first hearing aid that rewards you for wearing it. The better you wear, the less you pay.

Wearing your hearing aids is important because as you wear them you build up a tolerance to louder volume levels. To help you adjust to wearing your hearing aids, personalized Wearing Goals are automatically set and will complement your lifestyle.

In order to accrue points, the Wearing Goals need to be met. Wearing Goal points are assigned on an ‘all or nothing’ basis. If you miss the target wearing time for the week, you will not receive any points for that week.

The Rewards program Wearing Goals will be divided into 7-day cycles that are not fixed/ attached to a specific day of the week. Your Wearing Goal will be reviewed at the end of each seven-day cycle (“week”) and will determine your Wearing Goal for the following week. The first “week” will start on the day you opt in for Rewards.

To achieve your Wearing Goals, you will be required to wear your hearing aid for a certain period of time each week and synchronize your hearing aid with the App on your mobile device at the end of that week.

If you do not synchronize your hearing aid with the App in time, you may forfeit the points for that week and you will not be able to claim those points towards your Wearing Goals, or it may result in the inaccurate or incorrect reflection of the duration of your usage. hearX USA and Lexie Hearing cannot be held liable for your failure to synchronize your Wearing Goals.

By participating in the Rewards program, you expressly consent that we may monitor your usage of your hearing aid through the App or other Lexie platforms.

Please note that opting out of the Rewards program, does not exempt our right to continue monitoring your usage of the app and hearing aids in an anonymized manner.

2. Activities

Activities will help orient you to your devices and the App. You will be required to complete these activities in order to earn the points attributed to said activities.

The activities listed on the App each have a specific points value. Points applicable to activities are assigned on a ‘per activity’ basis, so you will receive the points allocated in the activity on successful completion.

An activity will only be available for a certain period of time, after which it will expire, regardless of whether you have completed the activity. Should you miss the deadline for the completion of the activity, you will permanently lose the opportunity to earn points for that activity. You will be notified on the App when new activities become available. Note: If you turn off notifications on the App, you will not receive notifications for new activities.

3. Rewards program Disclaimer

The Rewards program and App can only be used with our hearing aid devices and are not compatible with other brands of hearing aids. It is your responsibility to ensure that you select the application according to the hearing aid devices you purchase.

The Rewards guidelines, activities, and goals are not intended to diagnose, examine, treat or cure medical conditions of any kind, or to determine the effect of any specific exercise or action on a medical condition. The actions of Lexie Hearing and its affiliates, any participation in, and/or information received through the Rewards program, App or any Lexie software or website (the “Lexie platform(s)”) is not intended to be a substitute for professional medical advice, diagnosis or treatment.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AGREE THAT NO MEDICAL ADVICE IS PROVIDED THROUGH THE LEXIE PLATFORMS. ANY CONTENT PROVIDED BY LEXIE, INCLUDING ALL COMMUNICATION AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES THROUGH ANY LEXIE PLATFORM, IS NOT INTENDED TO CONSTITUTE OR REPLACE THE ADVICE OF OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL.

PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION OR TREATMENT BEFORE STARTING A NEW HEALTHCARE OR EXERCISE REGIMEN.

If, during your participation in the Rewards program, you have any concerns about the effect thereof on your health, or if you have any specific medical questions, you are advised to immediately cease participation in the Rewards program and to direct such queries or concerns to a duly qualified medical professional.

THE CONTENT AND COMMUNICATIONS ON THE LEXIE PLATFORMS ARE NOT INTENDED TO BE USED FOR DIAGNOSING OR TREATING ANY HEALTH PROBLEM AND DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

By participating in the Rewards program, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others, and agree that we, to the extent permitted by law, cannot be held liable for any injuries and/or death caused by participating in the program.

We cannot guarantee the availability, accessibility, accuracy, or proper functioning of the App, streaming functionality, Rewards program or any Lexie platform, nor that it will function error-free. It is possible that submissions may not be successfully processed or executed because of errors or failures, whether caused by you, Lexie or other factors related to our partners or third-party providers. Lexie is not responsible for any unauthorized human or technical intervention, nor is liable or otherwise responsible for any transaction that is not properly processed, executed, saved or transmitted, regardless of the cause of the problem.
No warranty is made that the Lexie platforms’ functionality or services will be uninterrupted or error-free or is suitable for all devices.

Before purchasing a Lexie hearing aid, please confirm your device is compatible with streaming for hearing aids by referring to our FAQs at www.lexiehearing.com. Lexie cannot guarantee streaming compatibility with all devices.

4. Use Of Rewards Program And App

Our standard terms and conditions will apply at all times and will be governed by the laws of the State of Delaware.

If you participate in the Rewards program, it means that you have read and understood and consent to our Terms and Conditions.

We reserve the right to amend the Terms and Conditions from time to time, without notice. These amendments may include, but are not limited to, changes to the amount of points attributed to each activity, the number and type of activities, as well as changes to the Rewards program. You are advised to regularly refer back to these terms and conditions to ensure that you are aware of any changes that may have been made.

Full use of the Rewards program and App are dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the App and your participation in the Rewards program. It is your responsibility to ensure your supported mobile device’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

When using the App, you will be able to upload, store or share data and other information to Lexie Hearing with the App. By making this data available on the App you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, publicly display, share with third-parties, publicly perform, reproduce, translate, create derivative works from, and distribute this data in anonymized and aggregated form, in whole or in part, in any media.

The rights under this section will only be for the limited purpose of offering and improving the Rewards program, the App and/or associated software and research purposes.

The Rewards program, the App, and associated software are intended for your personal, non-commercial use.

By purchasing hearing aid(s), downloading and using the App, creating an account on the App and participating in the Rewards program, we grant you limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the App and software that is embedded into the hearing aid devices, including third-party software, and to access, view and interact with the Rewards program content as authorized in these Terms. This permission is provided solely for your personal, non-commercial use of the App and associated software, as permitted in these Terms.

You may not use, permit, copy, adapt, modify, translate, disclose, prepare derivative works based upon, permit, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Rewards program, App and/or associated software or any portion thereof (including any third-party software), except as expressly permitted in these Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the permission and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Rewards program, App or associated software:

• use, display, mirror, or frame the Rewards program, App or associated software or any individual element therein, including the layout and design of any page, without our express written consent;

• use our name, trademark or logo, or any of our proprietary information without our prior express written consent;

• access or tamper with our computer systems, or the technical delivery systems of our providers;

• test the vulnerability of our system or breach any security or authentication measures;

• circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our software or programs;

• access the Rewards program, App or associated software through the use of any mechanism other than through the use of a lawful and authorized connection; or

• modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that we may provide to you or any other part of the Rewards program or App.

  5. Rewards Benefits And Discounts

We may, at our sole discretion, terminate, cancel, amend, adjust or vary the Rewards benefits and point allocation. Discount coupons earned through the Rewards program will only apply to accessories, not hearing aid devices.

Your participation in and any points accumulated through the Rewards program may be terminated if we find that you have acted dishonestly or fraudulently in your engagement with us.

We reserve the right to temporarily revoke your Reward points earned if we find that your Subscription account is not paid up to date until you pay all outstanding fees.

The Rewards points earned are applicable and connected to the serial number of your hearing aid(s) and are earned by completing the specified goals.

Our hearing aid devices, Services and the Rewards program are only available to users in the continental United States. You are responsible for all regulatory requirements outside of the continental United States, should you choose to use the hearing aid devices in any other territory.

Allocated Rewards points available on goals, where applicable, will differ depending on whether you purchased one or two types of hearing aids. The Rewards program will track the usage of the hearing aid that is worn the most.

The Rewards points have no cash value and may only be redeemed against items that we make available as rewards on the program. Users may not transfer rights to rewards or benefits to another person or use these rights as security for any debt.

Any refunds, or rewards point accumulation earned through the Rewards program, will be applied to the actual amount of the purchase price of the hearing aids after any coupons or discount vouchers have been applied and excluding shipping.

If you wish to return your hearing aid devices for a refund during the trial period, any points that you have earned through the Rewards program will be void and worthless.

If your hearing aid is returned to us for repair within your 45-day trial period, the trial period and your Rewards program will be paused until you have received your devices again. If the pause starts in the middle of a certain week, the completed activities and goals for that week will be accounted for. However, the week will restart in terms of your Wearing Goals (where applicable) once you have received your devices from us. The billing date will be delayed by the amount of days the repair process has taken. Billing will be placed on hold until the 45-day trial and the Rewards program commences again.

We will need to verify your identity and hearing aid(s) purchase through the App before you can opt into the Rewards program. You have a right to access, update or correct your personal information. It is your responsibility to ensure that your personal details are correct, as we will not be responsible for any loss or damage because of errors due to incorrect information. If you require any assistance to change or rectify any information you may call our contact center or update limited information in the App (if available for update via the App).

If you request that your account or data be deleted, either by contacting us or through the App, your access to the Services will immediately cease and any accumulated points or value from the Rewards program will become worthless and unable to be redeemed for any value.

Please note that deleting your account or data will not cancel your Subscription (if applicable). To cancel your Subscription you will be required to follow the instructions set out in your Subscription Agreement and our Returns Policy.

You (the person for whom the hearing aid(s) were purchased with the intention to physically wear the hearing aid(s)) are the only person authorized to participate in the Rewards program. You may not exchange or lend your hearing aid to another person in order to achieve goals or earn points through the Rewards program.

You are responsible for the safekeeping and proper use of your hearing aid devices. You agree to notify us immediately if your App has been compromised, or if you suspect that your profile has been fraudulently accessed or used, failing which you agree that you will accept responsibility for any losses incurred resulting from the use thereof by any unauthorized person.

6. How Your Points In Rewards Will Be Accumulated

You can earn points that are redeemable on purchases in the Lexie store or in a reduction towards your monthly subscription (where applicable). The maximum amount of points that you can accumulate will be calculated based on your chosen option (Subscription or one-time purchase), the relevant purchase price or Subscription value, minus any discounts, coupons, accessories, add-on services or shipping.

The maximum amount of attainable points differs by hearing aid model.

The total points you may earn through your hearing aid(s) is dependent on the amount of Wearing Goals and activities you have met during the Rewards program.

We may determine and/or adjust the number of points you can earn for each activity at our sole discretion. Your points earned will be reflected in the Rewards section of the App. There are limits to how many points you can earn for activities. The final points accumulated will be determined upon your completion of the program. Once the period is complete, you will be able to redeem the points via the App.

2. Confidentiality

We will treat all your personal information as private and confidential. Please refer to our Privacy Policy.

Our Lexie Experts® will have access to your information for purposes of assisting you with any questions or concerns you may have and to report any feedback that you may have regarding your hearing aid(s), the App or the Rewards program.

We may be required to collect certain information about your use of the App, Chat option, Rewards or other Lexie Platforms. This information will only be used to help improve our services, for research purposes, analyze trends and administer the App and other Lexie Platforms. Anonymized data may be used for the improvement of products and/or research. Any feedback or information we may receive from you when completing our surveys, reviews or in-app activities or Rewards program goals may be used in our marketing materials.

If you do not agree with these Terms and Conditions, please do not provide us with any personal information and do not use the App, Chat option, or participate in the Rewards program.

We do not knowingly collect personal information from children. Parents or guardians of children under the age of 18 years cannot agree to these Terms on their behalf. If we determine that any information has been collected contrary to the above, we will immediately remove and delete such information and any linked account from our database and Services.

28. Lexie SMS Short Code Terms of Service

    1. General

Lexie Hearing provides High Availability SMS communications targeted at our consumers. SMS messages sent through Lexie dedicated short codes are sent by employees to our customers for notification and alerts about our promotions exclusive to Lexie.
.
Communications through our shortcodes services are on an Opt-In basis. CTA will be advertised on the web to individuals with mild-to-moderate hearing loss only that are interested in our hearing aid devices; the SC will not be marketed.

2. Opt-In/Opt-Out

Users will opt-in to the short code program via the keyword “Join” and by agreeing on the website to the receiving of communication from Lexie. Message and data rates may apply. Message frequency varies. Text "HELP” to 63607 for help or text "STOP" to cancel.

You can cancel this service at any time. Just text "STOP" to 63607. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

3. Help

If at any time you forget what keywords are supported, just text "HELP" to 63607. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. Participating carriers

AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell and Virgin Mobile®. T-Mobile is not liable for delayed or undelivered messages.

5. Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Support

For support, please email us at support@lexiehearing.com or call us at 800-499-1336.

7. Privacy Policy

If you have any questions regarding privacy, please read our Privacy Policy.

29. Social Sharing Terms And Conditions

hearX USA Incorporated (“we”, “us”, “our”, “The Company”) a Delaware Corporation, owns and/or licenses this website, the Lexie Hearing App, the Social Sharing Refer a Friend and Share a Photo Programs (collectively the “Social Sharing Programs”).

By in any way participating in these Social Sharing Programs, accepting and sharing your referral code, sharing a photo on social media, or signing up with a referral code, you are agreeing to be bound by these Social Sharing terms and conditions, our Privacy Policy and Terms and Conditions.

Any violation of these Social Sharing terms and conditions could result in your exclusion from the Social Sharing Program and the forfeiture of any rewards earned through the Social Sharing Program or any other benefits, and even the deactivation of your account.

1. Agreement

   By participating in any of our Social Sharing Programs you agree to be bound by these terms.

   To be eligible to participate in any of our Social Sharing Programs, you must:

   1. be at least 18 (eighteen) years of age or older;
      2. have the legal authority to enter into this agreement and to be bound to the promises, covenants, and other duties set forth herein;

   We reserve the right to prohibit and/or terminate your participation in any of our Social Sharing Programs at any point in time, at our sole discretion, without prior notice.

   We further reserve the right to change, end or pause, in whole or in part, any Social Sharing Program or applicable rewards or incentives, as well as any person’s ability to participate in any Social Sharing Program or receive any benefits thereunder at any time for any reason, including suspected fraud (including by either the referrer and/or Invitee), abuse or any violation of these Terms and Conditions.

   The incentives and rewards applicable to the Hearing Social Sharing Programs are subject to change at our sole discretion. Incentives or rewards in the form of Rewards points are not transferable and have no cash value.

   We make no claim that the operation of any of the Social Sharing Programs and/or the Platforms will be error-free and we will not be liable for any interruptions or errors or any losses as a result thereof.

   We may modify, add to, or remove any of these Terms at any point in time. Your continued participation in any of our Social Sharing Programs will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.

   2. Share a Photo Program

   You may only post your photo, reviews and/or comments if such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam.” We reserve the right to remove or edit such content provided.

   By posting your photo, content or submitting material, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.

   You grant us the right to use the name that you submit in connection with such content.

   You represent and warrant that:

   1. you own or otherwise control all of the rights to the content that you post;
   2. the content is accurate;
   3. use of the content you supply does not violate this agreement and will not cause injury to any person or entity;
   4. you will indemnify us for any and all claims resulting from any content you supply.

   We take no responsibility and assume no liability for any content posted by you or any third party.

   Share a Photo Rewards points

   5. To receive the Share a Photo Rewards you will need to share a photo of yourself with our hearing aids on Facebook®, Instagram® or Twitter® and tag our Lexie Hearing page by following the instructions set out on the Rewards page on the App and add the hashtag #LoveMyLexies to that photo. Please note that you will not receive any rewards points if you do not add the required tag or hashtag.

   6. Once you have successfully shared your photo to one of the above-mentioned social media platforms, and our marketing team has reviewed the content thereof for compliance to the requirements set out in these terms, you will receive a notification of the points or discount that you have earned, and the points will be allocated to your account. You will not receive any points for any photo or image that is in contravention of these Terms and Conditions.

   7. You will only receive the Share a Photo Rewards points for the first successful photo shared each week, for a period of 5 (five) weeks. For clarity, this means that you will receive points for one photo per week, on any one of the social media platforms for 5 (five) weeks.

   8. You will receive the applicable Rewards points, which may vary from time to time, for the one successful photo per week, irrespective of the social media platform on which it was posted.

   9. Lexie Refer a Friend Program

   When setting up and registering your account on the App, a unique Refer a Friend Code will be allocated to you. You will be able to share this unique code with friends or family using the App for them to use when purchasing the same Hearing aid accessories on the App as you.

   1. Each person that makes a purchase on the Lexie Hearing Website using your unique code (“Invitee”) will receive the applicable discount, which may vary from time to time, on their purchase; and
   2. For each Invitee that makes such a purchase using your unique code, you will earn the applicable Rewards points, which may vary from time to time, and will be allocated to your account once your Invitee’s 45-day trial period has lapsed and he/she has not returned their hearing aid devices or products.

   Your Invitees can only be referred once, if they have successfully purchased from us before using someone else’s unique code, they will not be able to use your unique code and no points will be awarded for such a referral.

   You may only refer persons residing in the continental United States.

   Referral codes may only be used for personal and non-commercial purposes. You may only share your unique referral code with people you have met or know personally.

   You acknowledge that you are prohibited from, and accordingly agree and undertake that you will not:
   1. Duplicate, sell or transfer your referral code in any manner or make it available to the general public (such as by printing it on any materials intended for distribution, posting it on a coupon website or any other website, including but not limited to, Amazon, eBay, Fiverr, Craigslist, RetailMeNot, Reddit, Wikipedia, Gumtree, Moneysavingexpert, Groupon, or using it in any way relating to paid social media or paid search);
   2. Attempt to obtain Invitees by spamming, bulk emailing or sending large numbers of unsolicited emails to any person or entity. You should only refer persons that you have met, or know personally;
   3. Use, display or manipulate the Rewards logos, trademarks or any other of our owned and/or licensed intellectual property or copyright-protected works (“Lexie IP”) in any way;
   4. Create or register any businesses, URLs, domain names, software application names or titles, or social media handles or profiles that display or include the word(s) "Lexie", “Lexie Hearing”, “Lexie Rewards®”, “Lexie Powered by Bose” or any Lexie IP or any words that are confusingly similar to our Lexie IP;
   5. Use any Lexie IP as your social media profile picture or wallpaper or use any of our copyright-protected works (such as graphics, photos, images, drawings and screenshots from the Lexie Hearing Platforms) without our express written permission;
   6. Purchase keywords (including but not limited to Google AdWords) that contain any Lexie IP;
   7. Use automated systems or bots through any channel to distribute, post or otherwise share your unique referral code;
   8. Use scripts or programmed or automatic diallers to send invitations or otherwise share your unique referral code;
   9. Make misleading claims about us, use offensive/abusive content, create fake websites/web pages/social media profiles/app, misrepresent your connection to us, or otherwise make any false or misleading statements to get an Invitee to use your code; or
   10. Use your referral code in any manner that violates applicable laws or the rights of any person.

2. Gifts and Giveaways

hearX USA gifts and giveaways (“Prizes”) are promotional activities subject to the Terms and Conditions outlined herein. Participation eligibility, entry requirements and prize details are specified for each promotion. Winners will be selected according to the criteria outlined in each promotion. Prizes are non-transferable and winners may be required to provide necessary information for prize distribution.

hearX USA reserves the right to modify or terminate promotions at its sole discretion. By participating in any promotional activities you have read and agree to the Terms and Conditions set out herein and consent to the collection, storing and usage of data as per the Privacy Policy.

By participating in the promotions, participants release hearX USA from any liability arising out of or relating to the promotions or the acceptance, use or misuse of any Prizes.

Please note that promotions will strictly be available for the times and dates provided and is limited to participants 18 years and older who reside in the United States of America. hearX employees will not be considered for any promotions.

31. Chat Option/Functionality

The Chat option available on the Site will enable users to communicate directly with our Hearing Hub® representatives during business hours (8am-9pm EST). By accessing and using the Chat option available on the Site, the user irrevocably accepts and consents to the Privacy Policy, which governs the collection, use, and sharing of the user’s Personal Information.

32. Lexie Club Terms and Conditions (Applicable to Lexie Club Membership)

Lexie Club (the “Membership”) is a membership program offered by hearX USA Incorporated, a Delaware Corporation (hereinafter referred to as “hearX USA,” “we,” “us,” or “our”), as part of its business operations under the brand Lexie Hearing. By subscribing to the Lexie Club Membership, you agree to be bound by the following Terms and Conditions.

1. Membership Benefits

The Lexie Club Membership, at a cost of $9.99 per month, comprises of the following benefits:

• Priority access to customer support.

• Extended warranty on Lexie OTC hearing aid devices.

• Protection Plan coverage for accidental damage (valued at up to $180).

• A complimentary gift upon enrollment.

• Double Lexie Rewards® points.

• Exclusive 25% discount on all future Lexie OTC hearing aid purchases made on LexieHearing.com.

  2. Membership Activation and Duration

You agree that, by signing up for the Membership and upon successful payment of the first monthly fee, your Membership will be activated and will continue until canceled by you. Further, you acknowledge that, unless canceled 48 hours prior to the billing date, you authorize us to charge the applicable recurring Membership fee for the subsequent billing period for access to the Membership and its benefits.

3. Billing and Payments

By subscribing to the Membership, you agree to pay the non-refundable recurring monthly fee of $9.99. Payments will be processed on the same date of each month, using the payment method provided during the sign-up process until the Membership is canceled. Should your payment method fail to cover the recurring fee, we reserve the right to terminate your Membership and its features.

In the event that you fail to make your scheduled payments, you hereby authorize us to make additional attempts to collect the outstanding fees from your payment method provided (“re-debit attempts”). These re-debit attempts will occur up to eight times over a three-week period. Should the outstanding fees remain unpaid after the re-debit attempts, we will immediately cancel your Membership due to your non-payment. Upon such cancellation, your access to the Membership and benefits will be terminated. If you wish to reactivate your Membership, you must follow the sign-up process again via the Lexie App.

You are responsible for ensuring that the payment information provided during the sign-up process is accurate and current. You can change your payment information by updating your Membership account on the Lexie Club page at lexiehearing.com or by navigating to the Lexie Club menu option on your Lexie App. If you have questions or need assistance regarding your Membership or billing, please contact our customer support team. Contact us.

Your Lexie Club Membership may be subject to sales tax in certain states. By enrolling in the Membership, you explicitly agree to pay the recurring monthly fee, as well as any additional amounts associated with applicable taxes, credit card fees, and bank fees.

We will collect your Membership payments from you directly or use a third-party payment partner (the “Payment Partner”) to bill your account for your Membership. The processing of payments by the Payment Partner will be subject to the terms and conditions and privacy policy of such Payment Partner. We cannot be held responsible for any errors on the part of the Payment Partner.

4. Cancellation Policy

You can cancel your Membership at any time within 48 hours before the next billing date. You will continue to have access to the Membership and its benefits for the duration of the billing period you have already paid for. It is important to note that you will not receive a refund or credit for any current or previous Membership period(s) when canceling your Membership. Membership payments are non-refundable. You agree that, if you do not cancel your Membership at least 48 hours before your next billing date, we may charge your payment method provided for the next billing period.

To cancel your Membership, access your Membership account on the Lexie Club page at lexiehearing.com or navigate to the Lexie Club menu option on your Lexie App. If you have questions or need assistance, please contact our customer support team. Contact us.

Please note that cancellations are not processed within the first month of Membership. Given our billing cycle structure, please be aware that members who cancel their Membership within the first month may still be charged for the following month’s membership fee of $9.99. This is due to the alignment of billing cycles with our internal processing timelines for cancellations initiated during this period.

If you are charged the monthly fee of $9.99 for the second month following valid cancellation, we will issue a refund to your original payment method within 3 to 7 working days from the date of receipt of your request to do so.

To expedite any necessary corrections, it is imperative that you inform us as soon as you identify an unexpected charge after cancellation. Refunds will not be processed without receipt of a request from you. Contact us for any inquiries or support needs.

5. Termination by Us

We reserve the right to terminate your Membership for violations of these Terms including, but not limited to suspected or actual fraudulent activity or your failure to make payments. Termination by us will result in immediate termination of your Membership and access to the benefits thereof.

6. Refund and Returns

The Membership along with its benefits are associated with the specific hearing aid devices you have purchased and linked to your account on the Lexie App.

If you choose to return your OTC hearing aids for any reason, it is your responsibility to cancel your Membership at least 48 hours before your next billing period to avoid further recurring charges. Lexie accepts no responsibility for managing subscriptions or timely cancellations.

If you have received replacement Lexie OTC hearing aid devices, you are required to cancel your existing Membership associated with your previous OTC hearing aid devices and sign up again for the new pair. Should you fail or neglect to cancel your Membership, you authorize us to process the recurring monthly fees until you cancel the Membership.

You are responsible for canceling your Membership on time. We are not liable for any recurring charges due to your failure to do so, and Membership fees are non-refundable.

7. Membership Features

The Membership and its features are linked to the specific pair of Lexie OTC hearing aid devices that you have purchased and linked with your account on the Lexie App. As a result, for new customers, Membership sign-up will only be available at the time of purchasing your Lexie OTC hearing aid devices via lexiehearing.com. Existing customers who have previously purchased Lexie OTC hearing aids are able to sign up for the Membership as a stand-alone product via the Lexie App. You cannot sign up for Membership without purchasing or already owning a pair of Lexie OTC hearing aids.

The features, benefits, and/or services offered as part of the Membership may be altered, paused, or discontinued by us, at any time, at our sole discretion, and you acknowledge and agree to our right to make such changes.

Priority Support
Lexie Club members receive priority access to our team of Lexie Experts®, available 7 days a week from 9am - 8pm, EST. (support@lexiehearing.com / 800-499-1336)

Extended Warranty
As a Lexie Club Member, you receive an additional 12-month extended warranty beyond the standard warranty period. This extended warranty begins once your initial 12-month standard warranty expires. The standard warranty period concludes one year from the date of purchase of your Lexie OTC hearing aids. Please refer to our Warranty section for more information.

In the event that you have canceled the Membership and wish to re-activate the Membership you will have to follow the sign-up process again via the Lexie App. Upon reactivation of your Membership, the warranty will be valid for 24 months from the date of purchase of your Lexie OTC hearing aid devices.

Protection Plan
The Protection Plan covers specific breakages and damages. You acknowledge that in cases where your Lexie OTC hearing aids are lost, stolen, damaged by a third party (any party except you or Lexie Hearing), or irreparably damaged due to your own negligence, a replacement fee will apply:

• $120 per individual Lexie Lumen OTC hearing aid,
• $300 per pair of Lexie B1 Powered by Bose OTC hearing aids, or
• $360 per pair of Lexie B2 and B2 Plus Powered by Bose OTC hearing aids.

You agree that we retain the right to determine in our sole discretion whether the type of damage warrants replacement. If it is determined that your Lexie OTC hearing aids need to be replaced, we reserve the right to replace such OTC hearing aids with refurbished OTC hearing aids.

For damages not resulting from third-party actions or your own negligence, you may send your Lexie OTC hearing aids to us for repair under this Protection Plan, with no additional charge.

Free Welcome Gift
Following sign-up as a Lexie Club Member, you will receive a free welcome gift. Lexie B2 and B2 Plus wearers receive a carry case and Lexie B1 and Lumen wearers receive an electronic hearing aid dryer.

The welcome gift will be shipped to the address that you have provided us upon sign-up. It is your responsibility to ensure that this address is correct and up to date, particularly in the instances where your address has changed since the initial purchase of your Lexie OTC hearing aids. We will not be held liable for any damage or loss as a result of inaccuracies or omissions in the information you have provided and you hereby agree to indemnify and hold us harmless from any claims arising from such inaccuracies or omissions.

Exclusive Discount
As a Lexie Club Member, you will receive a 25% discount on all future purchases of OTC hearing aids through lexiehearing.com and via the Lexie App once this functionality is live. This discount does not apply to accessories, and it can only be applied to a single purchase every three months per member account. The 25% discount will only be activated for use after the 45 day trial period applicable to Lexie OTC hearing aids.

Please note that this Membership discount cannot be combined with any other discounts or coupons provided by us.

Any misuse or abuse of this discount, including but not limited to duplicating purchases within the specified time frame, resale of Lexie OTC hearing aids, or attempts to bypass these terms, will result in immediate termination of your Membership without refund. We reserve the right to take further action to address such violations.

Members acknowledge that Lexie OTC hearing aids are medical devices and agree not to engage in the resale of the device(s), and to adhere to all relevant legislation and regulations concerning the use and disposal of such medical devices.

Double Lexie Rewards® Points
Lexie Club Members earn double Lexie Rewards® points through the Lexie App by wearing their OTC hearing aids and completing activities. These points may be redeemed in the Lexie App store for discounts on accessories.

We reserve the right to change the Lexie Rewards program, weighting and point allocation of the Rewards at any time, in our sole discretion.

Membership features will only be available to you as long as your Membership account is active. In the event that you cancel your Membership or fail to pay the recurring monthly fee of $9.99, your access to the Membership features will cease. Please note that the complimentary welcome gift does not need to be returned upon cancellation of your Membership.

Please note that membership discounts are exclusively applicable to OTC hearing aid purchases made via lexiehearing.com and may not be eligible for reimbursement through your insurance plan. If you are contemplating purchasing Lexie OTC hearing aids through your insurance provider, we advise consulting them directly regarding reimbursement.

8. Changes in Pricing and Features

We reserve the right to change our Membership fees, features, free welcome gift and benefits from time to time, at our sole discretion.

We will notify you at least one month before any price changes will become effective. If you do not wish to accept these changes, you can cancel your Membership at least 48 hours before your next billing date, which must be before the date that the change takes effect. In the event that you do not cancel your Membership in time after receipt of the change notice, it will be deemed that you have accepted the new Terms.

9. Promotional Offers

We may from time to time offer special promotional offers (“Offer”) to Lexie Club Members (“Membership”). Offer eligibility will be determined by us in our sole discretion and we reserve the right to revoke an Offer at any time. The eligibility requirements and other conditions will be disclosed when you sign up for the Offer or in other communications relating thereto.

Limited Free Trial Period Offer

We reserve the right to, from time-to-time, offer a complimentary six (6) month trial period (the “Trial Period”) in respect to the Membership upon checkout with a specific coupon code provided by us.

By utilizing the coupon code provided and submitting your payment details, you (i) confirm your acceptance of the Offer advertised; and (ii) accept and agree to the Offer Terms, including the relevant terms and conditions corresponding to the Lexie Club Membership (as set out herein). All information collected will be processed and used in accordance with our Privacy Policy.

You may cancel your Membership at any time during the Trial Period or thereafter without incurring any additional charges, and we will notify you 30 (days) in advance before the Trial Period ends.

Please note, unless you cancel the Membership before the end of the Trial Period, you will automatically become a recurring subscriber to the Membership and the payment method you provided will automatically be charged with the applicable monthly Membership fee until the Membership is canceled in accordance with the Cancellation Policy.

If you cancel the Membership during the Trial Period you will have access to the Membership benefits for the remainder of the Trial Period, however, your access will cease on the date that the Trial Period expires. Should you wish to re-activate the Membership you will have to follow the sign-up process again via the Lexie App.

We reserve the right to modify or terminate the Offer at any time.

10. Data and Privacy

hearX is committed to handling user data with the utmost care. By signing up for the Membership, you acknowledge that you have read our Privacy Policy and you consent to the manner in which your personal information is collected, used, stored, and protected.

You are responsible for any activity that occurs through the use of your Membership account. By allowing others to access your account you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account. You should maintain control over the devices that are used to access your Membership account and not reveal the password or details of the payment method associated with your account. You agree to provide and maintain accurate information relating to your account to enable us to send you account-related notifications.

11. Consent to Receive Communications

By signing up for the Membership, you agree and consent to receive communications related to the Membership, including purchase confirmation, renewal reminders, unpaid recurring invoice reminders, payment confirmation notifications, failed payment notifications, expiring card notifications, promotional offers, and/or any other related communications, via email, text, phone calls and push notifications.

By signing up for the Membership, you agree and consent to receive recurring auto-dialed or pre-recorded marketing calls and/or general text messages and/or reminders from us at the number you provide, even if your number is on a state or federal Do Not Call list. You may opt out by replying “STOP” to any text from us. Message and data rates may apply.

You are required to promptly notify us of any changes in the ownership of your cellular/mobile or landline number (including its user contract) and email address if provided. Please note that deleting your account or data, or opting out of communications will not cancel your Membership or relieve you of any associated payment obligations. However, such actions may render you unable to access Membership benefits. You agree that, if you do not cancel your Membership at least 48 hours before your next billing date, we may charge your payment method provided for the next billing period.

12. Management of Membership

To manage your Membership, visit the Lexie Club page on lexiehearing.com or navigate to the Lexie Club menu option on your Lexie App. For questions regarding your Membership or billing, please contact our customer support team. Contact us.

You are able to manage the following aspects relating to your Membership:

• Payment methods

• Billing information

• View and download invoices

  13. Transfer of membership to another account

Membership cannot be transferred to another account. The Membership only applies to the person and associated account that signed up for the Membership. The Membership and its features are linked to the specific Lexie OTC hearing aid devices that you have purchased and linked with your account on the Lexie App**.**

14. Warranties and Limitations on Liability

The Membership and its features are provided on an "as is" basis, without any warranties, whether express, implied, or statutory. We do not warrant that your access to the Membership will be uninterrupted or error-free. You expressly waive all claims for special, indirect, and consequential damages against us. Additionally, to the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. General

You must be at least 18 years of age to sign up for the Membership. Any content accessed through the Membership is for your personal and non-commercial use only. During your Membership, we grant you a limited, non-exclusive, non-transferable right to access the Membership and its features. No right, title or interest therein shall be transferred to you.

You agree to use the Membership, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations.

You agree not to:

• reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Membership;
• circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Membership, including the graphical user interface, copyright notices, and trademarks;
• use any robot, spider, scraper or other automated means to access the Membership or its features; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Membership;
• insert any code or product or manipulate the content of the Membership in any way;
• use any data mining, data gathering or extraction method;
• upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Membership and its features, including any software viruses or any other computer code, files or programs.

16. Changes to Terms and Conditions (“Terms”)

We may, from time to time, and at our sole discretion. change, amend, modify, add to or remove these Terms, and your continued use of the Membership and its features following such change shall be deemed to be your acceptance of such change. Changes to these Terms will become effective upon such changes being posted to the website or the Lexie App. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop accessing/using the Membership features and cancel your Membership immediately.

17. Class Action Waiver

By signing up for the Membership you acknowledge and agree that you are waiving, insofar permitted by law, any right:

1. to join or consolidate any/all claim(s) that you might have against us with the claim(s) of any other person/entity; and
   2. to bring any claim(s) on a class action basis, in a representative capacity, on behalf of the general public, or on behalf of any other person/entity.

2. Governing Law

These Terms and Conditions will become binding on the user when you elect to sign-up for the Membership and will be exclusively governed by the laws of the State of Delaware, whose Courts including both state and federal courts will have exclusive jurisdiction in any dispute, without giving effect to any choice-of-law or conflict-of-law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Delaware.

19. Contact Information

For inquiries regarding the Membership or billing, please contact our customer support team at (support@lexiehearing.com / 800-499-1336)

By subscribing to the Membership, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.

V6.3
Updated: Nov 25, 2024