Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and AudiVault, Inc. ("AudiVault," "we," "us," or "our") governing your use of the AudiVault platform and related services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Service Description

AudiVault provides a cloud-based hearing conservation management platform that enables occupational health professionals to:

• Record, store, and manage audiometric test data
• Generate OSHA-compliant reports and letters
• Track Standard Threshold Shift (STS) and hearing conservation compliance
• Manage patient records and company groups
• Facilitate physician review and sign-off workflows

Accounts & Access

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that all users within your organization comply with these Terms
• Notifying us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk to the Service.

Data Ownership

Your Data: You retain all rights, title, and interest in the data you submit to the Service ("Customer Data"), including all audiometric records, patient information, and compliance documentation. AudiVault does not claim ownership of your data.

License to AudiVault: You grant AudiVault a limited, non-exclusive license to use, process, and store Customer Data solely for the purpose of providing the Service to you.

Data Portability: You may export your data at any time through the Service's built-in export functionality. Upon termination, we will make your data available for export for 90 days.

Anonymized Data: We may use anonymized, aggregated data derived from your use of the Service for product improvement and industry research. Such data cannot be used to identify you or your patients.

Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Share, resell, or sublicense the Service to third parties without authorization
• Use the Service to store data other than for its intended hearing conservation purpose
• Upload malicious code, viruses, or other harmful content

Subscription & Billing

Plans & Pricing

The Service is offered under subscription plans as described on our Pricing page. Pricing is subject to change with 30 days' written notice before your next renewal period.

Payment Terms

• Subscriptions are billed monthly or annually, as selected at the time of purchase
• All fees are non-refundable except as required by law or as described in our SLA
• Overdue payments may result in suspension of service after a 15-day grace period

Cancellation

You may cancel your subscription at any time. Upon cancellation, your access continues until the end of the current billing period. No partial refunds are issued for unused portions of a billing period.

Service Level Agreement

AudiVault commits to 99.9% uptime for the Service, measured monthly. If we fail to meet this commitment, you may be eligible for service credits as follows:

• 99.0% – 99.9%: 10% credit of monthly fees
• 95.0% – 99.0%: 25% credit of monthly fees
• Below 95.0%: 50% credit of monthly fees

Scheduled maintenance windows (communicated at least 48 hours in advance) are excluded from uptime calculations.

HIPAA Compliance

For customers who are Covered Entities or Business Associates under HIPAA, AudiVault will execute a Business Associate Agreement (BAA) upon request. The BAA supplements these Terms and governs our handling of Protected Health Information (PHI).

See our HIPAA Compliance page for more information about our compliance program.

Intellectual Property

The Service, including all software, design, documentation, and content created by AudiVault, is the exclusive property of AudiVault and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service during the subscription term.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUDIVAULT'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO AUDIVAULT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

AUDIVAULT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

These limitations do not apply to liability arising from AudiVault's gross negligence, willful misconduct, or breach of obligations under a BAA.

Indemnification

You agree to indemnify and hold AudiVault harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Termination

Either party may terminate these Terms:

• By providing 30 days' written notice
• Immediately if the other party materially breaches these Terms and fails to cure within 30 days of notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, your right to use the Service ceases immediately. We will make Customer Data available for export for 90 days following termination, after which it will be permanently deleted.

Changes to Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Suffolk County, Massachusetts.

Contact

For questions about these Terms, contact us at: