Warranty

Effective Date: Oct 13, 2020

LIMITED WARRANTY ON WHISPER HEARING SYSTEM

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.WHISPER.AI/WARRANTY OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL AND STANDARD USE FOR A PERIOD OF 3 YEARS FOLLOWING PURCHASE.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

WHO MAY USE THIS WARRANTY?

Whisper.ai Inc, located at address 260 8th Street, San Francisco, CA 94110 (“we“), extends this limited warranty only to the end user who originally receives the product (“you“). It does not extend to any subsequent owner or other transferee of the product.

WHAT DOES THIS WARRANTY COVER?

This limited warranty covers defects in materials and workmanship of the Whisper Hearing System (the “product“) for the Warranty Period as defined below. The Whisper Hearing System is defined as the two earpieces and the Whisper Brain and does not include jointly packaged accessories such as the USB cable, charger, or carrying case. This warranty also does not apply to 3rd party accessories such as batteries or cleaning supplies.  If your Hearing Care Provider has utilized Whisper-provided receivers with your Whisper Hearing System, these receivers are covered under this warranty.

WHAT DOES THIS WARRANTY NOT COVER?

This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

WHAT IS THE PERIOD OF COVERAGE?

This limited warranty starts on the date of your purchase and lasts for three years (the “Warranty Period“). The Warranty Period is not extended if we repair or replace the product, or if you utilize our Loss and Damage coverage. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

With respect to any defective product during the Warranty Period, we will, at our sole discretion, repair or replace such product (or the defective part) free of charge. Whisper will not reimburse, or otherwise cover any fees associated with transporting your Product to the practice location where you originally obtained it, or any appointment charges that may be assessed by an individual clinic.

HOW DO YOU OBTAIN WARRANTY SERVICE?

To obtain warranty service, you must contact the Hearing Care Provider from which you originally obtained your Whisper Hearing System. This Hearing Care Provider can assist you with minor repairs and cleaning to ensure your System is working properly, and will work with Whisper to make a warranty coverage determination.  In the event that you are unable to contact the Hearing Care Provider from which you originally obtained your Whisper Hearing System, you may also contact [email protected] to discuss options. Whisper is under no obligation to cover costs associated with servicing your warranty policy if it is not through your original Hearing Care Provider or their associated practice.

WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?

If you believe that we have not performed our obligations under this limited warranty, you may pursue the arbitration policies set forth in our Product Terms of Service referenced here. You must use this informal procedure before pursuing any legal remedy in the courts.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Loss and Damage Policy

LOSS AND DAMAGE COVERAGE FOR THE WHISPER HEARING SYSTEM

All Whisper users are granted unlimited loss and damage coverage over a 3-year period. We want to provide you with the peace of mind that comes with knowing that we are here to help.

WHO MAY USE THIS COVERAGE?

Whisper.ai Inc, located at address 260 8th Street, San Francisco, CA 94110 (“we“) extend this coverage only to the end user who originally receives the product (“you“). It does not extend to any subsequent owner or other transferee of the product.

WHAT DOES THIS COVERAGE INCLUDE?

This coverage can be used to repair or replace any part of your Whisper Hearing System for damage that is not covered by the limited Warranty policy detailed above. The Whisper Hearing System is defined as the two earpieces and the Whisper Brain and does not include jointly packaged accessories such as the USB cable, charger, or carrying case. Loss and damage coverage also does not apply to 3rd party accessories such as domes, wax guards, batteries or cleaning supplies. We consider the Whisper-provided receivers to be part of each individual earpiece.

WHAT IS THE PERIOD OF COVERAGE?

Loss and damage coverage starts on the date of your purchase, and lasts for the duration of your lease, regardless of how many times you utilize it (the “Loss and Damage Period“). We may change the availability of this coverage at our discretion, but any changes will not be retroactive.

WHAT ARE YOUR REMEDIES UNDER THIS COVERAGE?

We’ll work with your Hearing Care Provider to determine the best way to repair or replace any lost or damaged part of your Whisper Hearing System. A fee of $250 will be charged for each instance of loss and/or damage to a single component, such as a single earpiece or the Whisper Brain. Loss and/or damage of two components or the complete System will be subject to a $500 fee. Whisper will not reimburse, or otherwise cover any fees associated with transporting your Product to the practice location where you originally obtained it, or any appointment charges that may be assessed by an individual clinic.

HOW DO YOU OBTAIN LOSS AND DAMAGE SERVICE?

To obtain service, you must contact the Hearing Care Provider from which you originally obtained your Whisper Hearing System. This Hearing Care Provider can assist you with minor repairs and cleaning to ensure your System is working properly and will work with Whisper to repair major damage or replace lost items. In the event that you are unable to contact the Hearing Care Provider from which you originally obtained your Whisper Hearing System, you may also contact [email protected] to discuss your options. Whisper is under no obligation to cover costs associated with servicing your loss and damage coverage if it is not through your original Hearing Care Provider or their associated practice.

WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?

If you believe that we have not performed our obligations under this coverage, you may pursue the arbitration policies set forth in our Product Terms of Service referenced here. You must use this informal procedure before pursuing any legal remedy in the courts.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS COVERAGE. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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Models, not actual patients. Results may vary. Whisper, the Whisper logo, Whisper Hearing System, Whisper Brain, and Tomorrow Sounds Even Better are registered trademarks of Whisper.ai, Inc.