1. INTRODUCTION
This document constitutes both the End User License Agreement (hereinafter "EULA") and the Privacy Policy for the AUDIS App application (hereinafter "the Application"), developed by S.A.S. Say See Show.
By downloading, installing, or using the Application, you agree to be bound by the terms of this document. If you do not accept these terms, please do not download, install, or use the Application.
2. SERVICE DESCRIPTION
AUDIS App is a hearing assistance application that offers two main features:
- Real-time text transcription of surrounding speech for deaf individuals
- Amplification of sounds captured by the phone's microphone for hearing-impaired individuals, with adjustable volume
The Application is intended for personal, non-professional use. It is designed to improve user comfort and facilitate accessibility.
These features do not constitute medical advice, a diagnosis, or a validated compensation for a hearing disorder.
3. NON-QUALIFICATION AS A MEDICAL DEVICE
IMPORTANT NOTICE: THE AUDIS APP APPLICATION IS NOT A MEDICAL DEVICE.
The Application is designed as an assistance and comfort tool, not as a medical device intended for diagnosis, prevention, monitoring, treatment, or mitigation of a disease or disability. It is not certified or approved as a medical device by any regulatory authority under European or French regulations.
This application does not fall under the HAS classification of level 3 digital solutions. It is neither a medical device within the meaning of Regulation (EU) 2017/745, nor a solution intended to influence a therapeutic decision.
The Application does not replace in any way:
- A medical consultation with a healthcare professional
- A hearing aid or cochlear implant prescribed by a doctor
- Professional medical diagnosis or treatment
Using this application does not exempt you from consulting a healthcare professional when needed.
SAFETY WARNINGS:
- Audio amplification may damage hearing if misused.
- The Application should not be used in critical situations (driving, emergencies, etc.).
4. LICENSE TO USE
Subject to your acceptance and compliance with the terms of this EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Application on a compatible device that you own or control, for your personal and non-commercial use.
5. USE RESTRICTIONS
You agree not to:
- Copy, modify, adapt, translate, create derivative works, decompile, disassemble, or attempt in any way to discover the source code of the Application
- Bypass or disable security or protection features of the Application
- Use the Application for commercial purposes
- Distribute, rent, lend, sell, sublicense, or transfer the Application or access to it
- Use the Application in a manner contrary to law or these terms
6. PRIVACY POLICY AND DATA PROCESSING
6.1 No collection of personal data
The AUDIS App Application has been designed according to the "privacy by design" principle and operates without collecting, storing, or processing any user personal data. Specifically:
- Text transcriptions are generated and displayed in real-time without being recorded
- Captured and amplified sounds are neither recorded nor stored
- No usage data is collected
- No unique identifier is assigned to your installation of the Application
- No cookies or similar tracking technologies are used
- The application works without connection to external servers and without creating a user account
No information processing is carried out for the purposes of health status monitoring, medical decision support, or the assessment of auditory functional abilities.
6.2 Required permissions
The Application only requires access to your device's microphone to function. This permission is used exclusively for:
- Capturing sounds to transcribe into text
- Capturing sounds to amplify through the device's audio output
Microphone access occurs only during active use of the Application and stops when it is closed.
6.3 Third-party services
The Application uses the standard speech recognition API provided by your browser for the text transcription feature. This use is subject to the terms of use and privacy policies of your browser provider. No data is transmitted to our servers in this process.
6.4 Data security
Although we do not collect any data, we are committed to maintaining security measures in line with industry standards to protect any information that might be processed by the application.
7. WARRANTY DISCLAIMER
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PERFORMANCE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT WARRANT THAT:
- THE APPLICATION WILL MEET YOUR SPECIFIC NEEDS OR EXPECTATIONS
- THE APPLICATION WILL FUNCTION WITHOUT INTERRUPTION, SECURELY, OR ERROR-FREE
- RESULTS OBTAINED FROM USING THE APPLICATION WILL BE ACCURATE, RELIABLE, OR SATISFACTORY
- TEXT TRANSCRIPTIONS WILL BE COMPLETE OR ERROR-FREE
- AUDIO AMPLIFICATION WILL BE SUITABLE FOR YOUR DEGREE OF HEARING LOSS
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- THE USE OR INABILITY TO USE THE APPLICATION
- INACCURACIES OR TRANSCRIPTION ERRORS
- MISINTERPRETATION OF AN EMERGENCY OR DANGEROUS SITUATION
- HEARING DAMAGE RESULTING FROM IMPROPER USE OF THE AMPLIFICATION FEATURE
- USE OF THE APPLICATION IN INAPPROPRIATE CONTEXTS (DRIVING, EMERGENCIES, ETC.)
- ANY OTHER MATTER RELATING TO THE APPLICATION
The user is solely responsible for the use of the Application and the configuration of their device.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Application developers, their officers, employees, and agents from and against any claims, suits, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Application or your violation of this EULA.
10. APPLICATION AND EULA MODIFICATIONS
We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Application, in whole or in part, at any time and without notice.
We also reserve the right to modify this EULA at any time. Any changes will take effect upon their publication in the Application or on our website. Your continued use of the Application after any changes are published constitutes your acceptance of those changes.
11. TERM AND TERMINATION
This EULA remains in effect until terminated by you or by us. You may terminate it at any time by uninstalling the Application from your device.
We may terminate this EULA at any time without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and uninstall it from your device.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This EULA is governed by and construed in accordance with the laws of the country where the Application is made available, without regard to conflict of law principles.
Any dispute arising from or related to this EULA or the Application shall be subject to the exclusive jurisdiction of the courts of the country where the Application is made available.
13. MISCELLANEOUS PROVISIONS
If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the EULA will remain in full force and effect.
Our failure to enforce a right or provision of this EULA shall not constitute a waiver of that right or provision.
This EULA constitutes the entire agreement between you and us regarding the Application and supersedes any prior or contemporaneous agreements, whether written or oral, concerning its subject matter.
14. CONTACT
For any questions regarding this EULA or the AUDIS App Application, please contact us at: [email protected].