POSHEAR

Terms of Service

Last updated: 2026-05-23

These Terms of Service ("Terms") govern your access to and use of the POSHEAR website, waitlist, communications, and any related products or services (collectively, the "Service"), operated by POSHEAR ("POSHEAR", "we", "us", "our"), a company established in the European Union. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

This is a startup-ready template provided for informational purposes only. It is not legal advice. Have qualified counsel in your jurisdiction review before publication.

1. Eligibility

The Service is intended for adults 18 years of age or older. By using the Service you represent that you are at least 18 and have the legal capacity to enter into these Terms in your jurisdiction.

2. The Service

POSHEAR is developing an over-the-counter (OTC) hearing wearable and related software for adults with perceived mild hearing difficulty. Until commercial launch, the Service consists primarily of the public website, the waitlist, and product communications. Features, pricing, availability, and release dates are preliminary and may change without notice.

3. No Medical Advice; Not a Medical Device Claim

Information provided through the Service is for general informational purposes only and is not medical advice, diagnosis, or treatment. The POSHEAR product is intended as a consumer OTC hearing wearable for adults with perceived mild hearing difficulty and is not intended to diagnose, treat, cure, or prevent any disease, including hearing loss of any severity beyond what local regulations permit for OTC devices.

If you suspect a medical condition affecting your hearing — including but not limited to sudden hearing loss, pain, drainage, tinnitus, vertigo, or any change in hearing in only one ear — you should consult a licensed audiologist or physician promptly. Do not rely on the Service or any future POSHEAR product as a substitute for professional medical evaluation, hearing tests, or care.

Children, individuals with severe or profound hearing loss, and individuals with known otologic conditions should obtain professional medical evaluation rather than relying on OTC hearing products.

4. Waitlist and Pre-Release Communications

Joining the waitlist is free and creates no obligation on either party. It is not a purchase, reservation, pre-order, or contract and does not guarantee future availability, pricing, shipping, regulatory clearance, or product specifications. We may close, modify, pause, or discontinue the waitlist at any time. See our Waitlist Disclaimer for details.

5. Acceptable Use

You agree not to, and not to attempt to:

  • Use the Service in violation of any applicable law, regulation, or third-party right;
  • Submit false, misleading, or third-party personal information (including email addresses you are not authorized to use);
  • Interfere with, overload, or disrupt the Service, its infrastructure, or other users;
  • Probe, scan, reverse engineer, decompile, or attempt to circumvent any security or rate-limiting mechanism;
  • Use automated means (bots, scrapers, crawlers) to access the Service except as expressly permitted in a machine-readable format such as robots.txt;
  • Use the Service to send spam, phishing, malware, or other harmful content; or
  • Use the Service to develop a competing product, including by training machine-learning models on POSHEAR content.

6. Accounts and Security

Where the Service offers account creation, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. We strongly recommend enabling multi-factor authentication where available. Notify us immediately at info@poshear.com of any suspected unauthorized access.

7. Intellectual Property

The Service, including all underlying software, hardware designs, firmware, user interfaces, text, graphics, photographs, illustrations, audio, video, trademarks (including "POSHEAR" and our logos), trade dress, and the selection, arrangement and "look and feel" thereof, is owned by POSHEAR or its licensors and is protected by copyright, trademark, design, patent, trade-secret and other intellectual property laws.

Subject to your continued compliance with these Terms, POSHEAR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes. All rights not expressly granted are reserved. No license is granted by implication, estoppel, or otherwise.

You may not copy, modify, distribute, sell, lease, publicly display, create derivative works from, or reverse engineer any part of the Service, except to the extent such restriction is prohibited by mandatory applicable law (e.g., Art. 6 of EU Directive 2009/24/EC for interoperability).

8. Your Content and Feedback

You retain ownership of any content you submit to us (for example, comments or feedback). By submitting feedback, suggestions, or ideas about the Service or product, you grant POSHEAR a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and commercialize that feedback without obligation or compensation to you.

9. Third-Party Services and Links

The Service may link to or integrate with third-party services (for example, infrastructure providers, analytics, or email delivery). We are not responsible for the content, policies, or practices of third parties. Your use of any third-party service is governed by that party's terms.

10. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment. POSHEAR does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including statutory consumer rights under EU law (e.g., Directive 2011/83/EU, Directive 2019/770/EU, and Directive 2019/771/EU) or non-waivable rights under U.S. state law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall POSHEAR, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for:

  • any indirect, incidental, special, consequential, exemplary, or punitive damages;
  • any loss of profits, revenue, goodwill, data, use, or business opportunity;
  • any damages relating to reliance on information provided through the Service, including any health, hearing, or medical decision;
  • any damages arising from third-party services; or
  • any damages arising from unauthorized access to or alteration of your data, except to the extent caused by our gross negligence or willful misconduct.

Our aggregate liability arising out of or relating to the Service shall not exceed the greater of (a) the amount you paid to POSHEAR in the twelve (12) months preceding the event giving rise to liability, or (b) one hundred euros (€100). Multiple claims do not enlarge this limit.

These limitations apply regardless of the legal theory (contract, tort, statute or otherwise) and even if POSHEAR has been advised of the possibility of such damages. The limitations do not apply to liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless POSHEAR and its affiliates from any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law, or your infringement of any third-party right.

13. Termination

You may stop using the Service at any time. You may leave the waitlist using the unsubscribe link in any waitlist email or by contacting info@poshear.com. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or to protect the Service, our users, or third parties.

14. Changes to the Terms

We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms with a new "Last updated" date and, where appropriate, via email or in-product notice. Continued use after changes take effect constitutes acceptance.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Member State of the European Union in which POSHEAR is established, without regard to its conflict-of-laws rules. The courts of that Member State shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that:

  • EU consumers may also bring proceedings in the courts of their place of residence and benefit from mandatory consumer-protection rules of their habitual residence (Art. 6 Rome I Regulation 593/2008); and
  • U.S. residents retain any non-waivable rights under the law of their state of residence.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

16. Miscellaneous

These Terms, together with our Privacy Policy, Cookie Policy, and Waitlist Disclaimer, constitute the entire agreement between you and POSHEAR regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms? Contact us at info@poshear.com.