Yeasound Comfort Fitting Terms of Services
Important Note: Please read carefully before using the software: This End User License Agreement (“this Agreement”) is a legal agreement between you and/or any company you represent (“you”) and Xiamen Yeasound Technology Co., Ltd. or its affiliates (“Yeasound”) (applicable where you are located anywhere in the world) (hereinafter referred to as “ Yeasound ”) regarding the software products (as defined below) licensed by Yeasound or its suppliers.
Unless otherwise notified in writing by Yeasound , by accepting the terms of this Agreement or installing, downloading, copying, or otherwise using the software product, you agree, as a condition of granting you this license, to be bound by the terms of this Agreement now and in the future, and that the terms and conditions of this Agreement shall prevail over any inconsistent, conflicting, additional, or pre-printed terms. If you do not agree to the terms of this Agreement, Yeasound prohibits you from using the software product, and you are not entitled to install or use Yeasound software products.
This software product is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. This software product is licensed to you, not sold to you, and your use of the software product must comply with the terms of this agreement. This agreement is not a sales contract.
"This software" means: (i) any and all software programs or applications, including software applications downloaded and installed on desktop or mobile devices; (ii) any and all software embedded in Yeasound products; (iii) any related documentation, modified versions, upgrades or improvements to such software (unless expressly stated otherwise at the time of update or download), and all subsequent versions and copies of such software.
" Supplier" refers to an entity that provides, distributes, or may use the relevant software products to Yeasound , and owns the intellectual property rights of the software products or has obtained a license.
1. License Form
1.1 Grant of Standard Use License. Subject to the terms of this Agreement, Yeasound grants you (an individual or any other entity) a non-exclusive, non-transferable (except as otherwise provided in this Agreement), revocable license to install and use this software product on relevant devices for personal or internal business purposes after downloading the software product, provided that the devices using the software product have a compatible operating system (“Computer”). This software product can be used on computers equipped with non-permanent memory (such as RAM) or permanent memory (such as hard disks, CD-ROMs, or other storage devices).
1.2 Compliance Guarantee. To ensure compliance with the terms of this license agreement, Yeasound reserves the right to inspect and audit all accounting records related to the use of the license. Yeasound has the right to request you to conduct an internal audit at any time, and you will be required to provide reasonable assistance.
2. Other rights and restrictions
2.1 Restrictions on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, modify, or disassemble this software product, nor may you otherwise convert all or part of this software product into a human-understandable form, except for activities expressly permitted by a third party or applicable law. Such activities include, but are not limited to, reviewing the data structures or similar materials formed by the software product. Its components may not be disassembled for use on multiple related devices. Any illegal purpose or activity related to the software product is prohibited.
2.2 Backup. Except as expressly provided herein, you may not copy this software product; however, with the exception of one copy of this software product and (if applicable) one copy of any previous version during the term of this agreement, for backup purposes only, to be used during the period of failure of the original. All copies of this software product must include the proprietary notices provided on the original software. You may not copy the support documentation accompanying this software product.
2.3 No modifications are permitted. As expressly provided in this Agreement, you may not modify, convert, or create derivative works of this software product.
2.4 Proprietary Rights Notices. You may not remove or obscure any proprietary rights notices, logos, labels, or trademarks in this software product or its support documentation.
2.5 Software Transfer. You may permanently transfer all your rights under this Agreement only with respect to the transfer of the relevant equipment (if applicable), provided that you do not retain copies, you transfer all software products (including related media and printing materials, any upgrades or updates, and this Agreement), and the transferee agrees to the terms of this Agreement. If the software product is an upgrade or update, any transfer must include all previous versions of the software product. However, if the software product is marked "Non-Resale" or "NFR", you may not resell it or otherwise transfer it for value.
2.6 Copyright. All intellectual property rights and copyrights in this software product (including but not limited to any images, photographs, animations, videos, audio, music, text, programs, and "applets" incorporated into the software product), accompanying printed materials, and any copies of this software product belong to Yeasound or its suppliers. The intellectual property rights and other related rights in the content accessed through this software product are the property of the owners of such content and may be protected by applicable laws.
2.7 Confidentiality. This software product contains valuable proprietary information and trade secrets of Yeasound and its suppliers, and such proprietary information and trade secrets shall always be the property of Yeasound . You shall protect the confidentiality of this software product and prevent its disclosure and unauthorized use.
2.8 Reservation of Rights. Yeasound and its suppliers own and retain all rights and qualifications to the software, and retain all rights in this software product not expressly granted to you in this Agreement.
2.9 Equipment and Third-Party Fees. You may require a broadband network connection when using this software product. You are obligated to provide all internet-connected devices or devices that can connect to a gamepad, microphone, and webcam for communication. When you use this software product, it may use the processing power, storage capacity, and bandwidth of your device solely to facilitate communication and establish connections between users of this software product. If your use of this software product relies on processors and bandwidth owned or controlled by third parties, you implicitly acknowledge and agree that your use of this software product has been authorized and consented to by those third parties. You represent and warrant that by accepting these terms, you have obtained such consent. You are responsible for providing or bearing all equipment necessary to access the software product and any third-party charges (e.g., carrier charges, internet fees, or provider or call charges). Furthermore, using this software product on a mobile device will result in mobile data charges; you must subscribe to the relevant service with your mobile network operator in advance. Compared to normal use, cross-border use may result in higher mobile data charges; you are solely responsible for understanding this service beforehand and paying any potential roaming charges and other taxes levied by your mobile network operator.
3. Support Services
3.1 Yeasound may provide you with support services related to this software product (“Support Services”). Use of the Support Services will be subject to the policies and protocols outlined in the materials provided by Yeasound . Any other supplementary software code that is part of the Support Services is also part of this software product and must comply with the terms and conditions of this Agreement. Regarding the technical materials you provide to Yeasound as part of the Support Services, these materials may be used by Yeasound for commercial purposes, including product support and development. Yeasound will not use your personally identifiable information when using these technical materials.
4. Software Update
This software update service is provided to improve the performance, security, and reliability of products or devices, or to meet the customized functionalities required by operators. To provide you with better services and product features, and to enhance the security of your device, we have established this upgrade and update service.
(1) You can manually download the firmware for upgrades and updates, or you can use the software's automatic upgrade and update service. The product will automatically detect available firmware updates and download and install the updated firmware through the firmware upgrade service.
(2) When you update, the product will connect to the firmware upgrade service to verify the Client ID/model/firmware version number, and request the service to install the new firmware based on the verification result. The entire upgrade process will not involve any of your personal data. (3) If you do not upgrade and update the firmware for a long time, you will not be able to use the new features, and bugs that may exist in the old version will not be automatically fixed. You can visit our website www.yeasound.com for detailed information on product firmware version upgrades .
5. Data privacy:
The privacy policy is described in the privacy policy provided when you purchase, download, or use the software, product, or service, as well as the product's separate privacy statement (collectively, the "Privacy Policy") . By installing this software, using Yeasound products, or providing us with your personal information, you accept and agree to the terms, conditions, and conditions described in the Privacy Policy and any separate privacy statements. The Privacy Policy is incorporated into this Agreement by reference.
Manufacturers have no right to access the personal data you store locally when using the software , nor are they responsible for the legality of the processing of your locally stored personal data.
Manufacturer's data records:
For manufacturers, the following details do not include any personally identifiable information, only anonymous data. This information will be logged on cloud servers managed by the manufacturer and used for the following purposes:
• For support purposes, the software records information about your computer (operating system installed on the computer, local language (if installed on the computer)). For support purposes, the manufacturer will also record information about the software itself (unique software ID number, date and time of update checks, software version number, etc.).
• In addition, the software records data on software usage patterns and anonymized data from fitting sessions for future software development and other research-related activities. Anonymized data from fitting sessions includes, but is not limited to, age (in months), audiograms, hearing aid product type, style, and power level.
• The software also logs hearing aid malfunctions for troubleshooting and root cause analysis. If the fitting software malfunctions, the manufacturer can use the malfunction log (shared by hearing healthcare professionals) within the software for troubleshooting.
• The software also records the hearing aid serial number associated with firmware updates to ensure compliance with relevant regulations in the event of a recall or similar situation.
6. Termination
6.1 This license shall automatically terminate if any of the following occurs: (a) you fail to comply with any of the terms and conditions of this Agreement; or (b) you are declared or brought into bankruptcy or bankruptcy protection proceedings, or any event or proceedings similar to this.
6.2 Upon termination of this Agreement, you must immediately cease using the software product, return all copies of the software product and all its components to Yealink (including but not limited to any form of modification and merging), or automatically destroy the software product and all copies thereof, and submit a written proof of destruction to Yealink. You may terminate this Agreement at any time by destroying the software product and all its components.
6.3 The termination of this Agreement shall not preclude Yealink or its suppliers from making claims for any further damages. Yealink's waiver of pursuing a particular breach or non-performance shall not constitute a waiver of pursuing any subsequent breach or non-performance.
7. Limitation of Liability
7.1 If the testing and inspection by Yeasound or its suppliers show that the alleged defects or malfunctions of the software product do not actually exist, or are caused by your or any third party’s improper use, negligence, improper installation or testing, unauthorized attempts to modify the software product or any other reason beyond its intended use, or by an accident, fire, lightning strike, power outage or power failure, other disasters or force majeure, Yeasound and its suppliers shall not be liable under this warranty.
7.2 You assume all risks arising from your use of this software product. You are solely responsible for any damage to your computer system or loss of data resulting from downloading or using this software product. To the fullest extent permitted by applicable law, Yeasound and its employees, suppliers, or affiliates shall not in any event be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of operating profits or revenue, business interruption or shutdown, computer malfunction or failure, loss of business information, data or data use, loss of goodwill, or any other economic loss) arising from the use of or inability to use this software product or from the provision or failure to provide support services, even if Yeasound or its suppliers have been advised of the possibility of such damages.
7.3 The total liability limit for all losses you suffer by Yeasound (except in cases of personal injury or death caused by Yeasound's negligence, which shall be subject to applicable laws) shall not exceed the price you paid for this software product.
7.4 The laws of some countries/regions do not permit the exclusion or limitation of certain warranties, guarantees, or liabilities in this agreement. If such laws apply to you, all or part of the exclusions or limitations described herein may not apply to you, and you may enjoy additional rights. Nothing in this Agreement shall affect your statutory rights as a consumer, nor shall it affect your rights that you cannot change or waive by contractual consent.
8. Compensation
Your use of the software products under this agreement shall indemnify and hold harmless Yealink and its subsidiaries, affiliates, customers, suppliers, etc. If any of the aforementioned entities are held liable due to your actions, you agree to indemnify such entities for any losses (including reasonable attorney's fees).
9. Disclaimer
9.1 You acknowledge that this software is provided " as is " without any express or implied warranties of any kind, and to the fullest extent permitted by applicable law, neither Yeasound nor its suppliers make any representations or warranties, express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, confidentiality, and non-infringement of third-party rights. You expressly acknowledge and agree that, to the fullest extent permitted by applicable law, you use this Yeasound software and services at your own risk, and you assume all risks related to satisfactory quality, performance, accuracy, and operation.
9.2 Yeasound cannot guarantee that this software product will not experience interruptions, delays, or errors during operation. Multiple factors (including but not limited to your local network, firewall, your internet service provider, the public internet, the public switched telephone network, and your power supply) may affect the quality of communication and use of this software product, and may cause communication failures. Yeasound shall not be liable for any interference, interruption, or delay caused by any malfunction or incompleteness of any of the foregoing or any other matter beyond its control. You assume all responsibility and risk for choosing this software to achieve the desired results, and for installing, using, and obtaining those results.
10. Other provisions
10.1 This Agreement constitutes the entire agreement between the parties concerning the software product and may only be amended by a written agreement signed by both parties. If any provision of this Agreement is deemed unenforceable, such provision shall be modified only to the extent necessary to make it enforceable.
10.2 Applicable Law. Any dispute, controversy, or claim arising out of or relating to this User License Agreement, including but not limited to issues of existence, validity, performance, breach, or termination, shall first be settled amicably through negotiation. If such negotiation fails, either party may submit the dispute to the Singapore International Arbitration Centre for arbitration in accordance with its then-effective arbitration rules. The arbitral award shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The language of arbitration shall be English, and the place of arbitration shall be Singapore.
10.3 High-Risk Use. This software product is not fault-tolerant software and is not designed, manufactured, or intended for use in hazardous environments requiring automatic fault-tolerant performance, or in any application where a failure of the software product could directly result in personal injury or serious material or property damage (collectively, "High-Risk Use"). You assume full responsibility for choosing to use the software product for High-Risk Use. Use of the software product for High-Risk Use is strictly prohibited. Yeasound and its suppliers expressly exclude any express or implied warranties regarding the applicability of High-Risk Use.
10.4 Third-Party Software. This software product may be distributed with software licensed by third parties (“Third-Party Software” and “Third-Party Licenses”), and the use of any third-party software licenses shall also apply. Yeasound makes no representations or warranties regarding third-party software and assumes no obligation or liability for it. Third-party licenses may contain licenses to provide source code, but the corresponding source code is not included in the software product. Please refer to the documentation provided with each software product to learn how to obtain such source code.
10.5 Emergency Services. This software product is not intended to support or undertake emergency calls, including making emergency calls to any type of hospital, law enforcement, medical unit, or any other emergency service. There are numerous differences between this software product and traditional telephone services. You acknowledge that: (i) Yeasound is not required to provide emergency services under any applicable local and/or national regulations, ordinances, and laws; (ii) you are responsible for purchasing separate traditional wireless (mobile) or fixed-line telephone services, distinct from this software product, to provide you with the emergency services available; and (iii) this software product is not a substitute for your primary telephone service.
10.6 Legal Use. You must use this software product reasonably within the legal jurisdiction of your location. In some countries, there are restrictions on downloading and using this software product. It is your responsibility to ensure that your use of this software product is legal in your location.
10.7 Export Restrictions. You agree not to export or re-export the software in violation of any applicable laws or regulations, including but not limited to the laws and regulations of the United States, the European Union, Switzerland , and/or the laws or regulations of the jurisdiction where the software is acquired.
Copyright belongs to Xiamen Yeasound Technology Co., Ltd. (© 2025) . All rights reserved.
People's Republic of China
No. 668, Hu'an Road, Huli District, Xiamen City, Fujian