Last updated: October 10, 2025
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These Terms & Conditions (the “Terms”) are a legal agreement between you and PediaMetrix, Inc. (“PediaMetrix,” “we,” “us,” or “our”), a Delaware corporation with its principal place of business at 155 Gibbs St, Rockville, MD 20850. These Terms govern your access to and use of EarSpot™, including the EarSpot mobile application, web application, embedded software, websites, and related services (collectively, the “Services”).
By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Non‑medical product. EarSpot™ is a consumer app intended for general wellness, education, and informational purposes only. It is not a medical device and does not provide diagnosis, treatment, or medical advice. Always consult a qualified clinician with questions about a condition or health.
1) Eligibility; Territory
- You must be at least 18 years old to create an account. Parents and legal guardians may use the Services for and on behalf of their minor dependents.
- The Services are offered to residents of the United States. If you access the Services from another jurisdiction, you are responsible for compliance with local laws. We may provide different or separate terms outside the U.S.
2) Description of the Services
EarSpot™ allows caregivers to capture, upload, and manage non‑identifiable images of a child’s external ear and to view informational outputs that describe visible attributes of outer‑ear shape. Caregivers may create child profiles using a first name or nickname of their choice. Results are generated automatically by software and are intended solely for informational and educational use by caregivers.
EarSpot™ does not:
- Collect or store PHI; we do not ask for date of birth, full legal names, addresses, or other identifiers required for PHI status.
- Provide medical screening, diagnosis, or clinical decision support.
- Replace an in‑person or telehealth visit with a licensed clinician.
3) Privacy & Data Practices (No PHI)
- No PHI storage. EarSpot™ is designed to avoid collecting PHI. We store caregiver account details (e.g., email, hashed password) and child profiles labeled only by first name or nickname. Ear images should be captured and uploaded in a way that does not identify a person (e.g., ear‑only framing without face or other identifiers).
- Data minimization. Do not upload free‑text or images that reveal identity, diagnoses, treatment notes, or other health information. If you submit such information, you do so at your own risk, and we may delete it.
- Usage data. We may collect technical and usage data (device type, app version, logs, crash reports) to operate, secure, and improve the Services.
- Analytics & de‑identified data. We may use de‑identified or aggregated information to improve the Services, develop features, and for research, quality, or product analytics.
- Security. We use commercially reasonable safeguards to protect data that we process. However, no method of storage or transmission is 100% secure.
- HIPAA. EarSpot™ is not a HIPAA‑covered service and we do not act as a Business Associate in connection with consumer use of EarSpot™. Do not use EarSpot™ to store or transmit PHI.
- See our Privacy Policy for more details about personal information processing.
4) Accounts; Acceptable Use
- You are responsible for your account credentials and for all activity under your account.
- You agree not to: (a) share accounts; (b) access the Services using automated means; (c) reverse engineer or attempt to extract source code; (d) circumvent security controls; (e) upload content that is unlawful, infringing, misleading, or harmful; or (f) use the Services for any medical triage or emergency.
- If we suspect policy violations, security issues, or misuse, we may suspend or terminate access.
5) License & Ownership
- We grant you a personal, revocable, non‑exclusive, non‑transferable license to use the Services in accordance with these Terms.
- The Services (including all software, models, interfaces, designs, text, and media) are owned by PediaMetrix and its licensors and protected by intellectual property laws. No rights are granted except as expressly stated.
6) Fees & Payment
- Certain features may be offered as paid subscriptions or one‑time purchases. Prices may change with prior notice. Taxes may apply.
- If your payment fails or your account is past due, we may suspend or limit the Services until payment is made. Except where required by law, fees are non‑refundable once a subscription period begins.
7) Third‑Party Services
- The Services may rely on third‑party hosting, analytics, storage, or login providers. Your use of third‑party services may be subject to their terms and privacy policies. We are not responsible for third‑party services.
8) User Content; Feedback
- You retain your rights in Content you upload (e.g., ear images) subject to this Section. You grant PediaMetrix a non‑exclusive, worldwide, royalty‑free, sublicensable license to host, process, reproduce, and display your Content solely to provide and improve the Services (including quality assurance, safety, troubleshooting, and model evaluation).
- You agree not to upload Content that includes faces or other identifiers. We may remove or blur such content to protect privacy.
- If you submit feedback (ideas, suggestions), you grant us the right to use it without restriction or compensation.
9) Consumer Health & Safety Notice
- Not for emergencies. If you think you or your child may have an emergency, call 911.
- No clinical use. EarSpot™ is not intended for clinicians or health systems.