Terms of Use

These terms cover the EarHint iPhone app and this website, which are provided by JLITECH LLC, a company based in the United States (“we” or “us”). The app is licensed to you under Apple's Standard Licensed Application End User License Agreement. These terms add to that agreement. If the two conflict about your license to use the app, Apple's agreement applies. By using EarHint, you accept both.

The short version

• EarHint is a speaking aid. It can help you, but it cannot promise that a cue will come, or come at the right moment.
• Rehearse with it before a talk that matters, and keep your notes with you.
• You are responsible for your talk, for following the rules where you speak, and for recording only where you may.
• The app is provided as it is, and our liability is limited as far as the law allows.
• Nothing here takes away rights you have under consumer law.

What the app can and cannot do

EarHint follows your talk using speech recognition on your iPhone and plays short cues through an earbud. Whether a cue comes, and when, depends on things outside our control, including how well your speech is recognized, background noise, your microphone, your earbuds and Bluetooth, your battery, other apps, phone calls and iOS itself. A cue may be late, wrong, repeated or missing, and the app may lose your place or stop. Time and skip reminders depend on the same tracking.

Rehearse with EarHint before the real talk, in conditions as close to the event as you can, so you know how it works for you. Do not rely on it as your only way to remember what to say.

Your responsibilities

• What you say, and how you deliver it, is your responsibility. Keep a backup, such as notes or your script on paper.
• Some exams, competitions, debates, hearings and other events do not allow prompting aids or earbuds. Check the rules before you use EarHint, and do not use it where it is not allowed.
• A recording can pick up other people. Follow the laws and rules on recording where you speak, and turn off recording of live talks when you need to.
• Do not use EarHint to break the law or to harm anyone.

Purchases and refunds

EarHint Pro is a one-time in-app purchase sold by Apple. Apple handles payment, and refunds are requested from Apple at reportaproblem.apple.com. Your rights to a refund under consumer law are not affected.

No warranty

To the fullest extent permitted by law, the app and this website are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that they will be uninterrupted or error-free, or that a cue will be given in any situation.

Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss arising from your use of, or inability to use, EarHint. This includes the outcome of a talk, speech, interview, exam or event, embarrassment, harm to reputation, lost opportunities and lost income.

To the fullest extent permitted by law, our total liability for all claims relating to EarHint is limited to the amount you paid for the app and EarHint Pro.

Some states and countries do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the limits above may not apply to you.

Your rights under consumer law

Nothing in these terms excludes or limits any right you have that the law of your country does not allow to be excluded or limited, such as consumer guarantees in the European Union, the United Kingdom, Australia and elsewhere. Nor do these terms limit liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

This website and the guides

The guides on this website are general advice about public speaking. They are not professional advice for your situation, and you use them at your own discretion.

Disputes and governing law

If you have a problem with EarHint, please email us first at [email protected], and we will try to resolve it informally.

These terms are governed by the laws of the State of Alabama, United States, without regard to its rules on conflict of laws. Any dispute that is not resolved informally will be heard in the state or federal courts located in Alabama, and you and we agree to their jurisdiction. If you live outside the United States, this does not take away the protection of the mandatory consumer laws of your country, or any right you have to bring a claim in your local courts.

Changes to these terms

If these terms change, we will post the new version on this page and update the date at the top. If you keep using EarHint after a change, the new terms apply.

Language

These terms are written in English. If we publish a translation and it differs from the English, the English version applies, unless the law of your country says otherwise.

Contact

Questions about these terms: [email protected]