DIGITAL BEAT PTE. LTD., and/or its affiliates (hereinafter referred to as "we", "our", or "us") hereby reminds you to carefully read and ensure that you fully understand this User Agreement (hereinafter referred to as "this Agreement"). Please carefully read and ensure that you fully understand all the terms and conditions of this Agreement, particularly those concerning the exclusion or limitation of our liability, dispute resolution and governing law. Exclusion or limitation of liability clauses are marked in bold, and you need to pay special attention to them. Please carefully read this Agreement before deciding whether to accept it. Minors shall read this Agreement under the guidance of a legal guardian.
By using the HOMA HEAR App (hereinafter referred to as the "App" or the "Software"), you accept this Agreement and agree to be bound by its terms. If you do not agree to this Agreement, do not use the App. We have the right to amend this Agreement, and any updated terms of the Agreement will be published within the App and will come into effect from the date of publication.
1.1 The App is provided by us and used to configure HOMA HEAR devices. You can use this app to set gestures, adjust volumes, and update firmware via OTA. The Software and its related services are owned and operated by DIGITAL BEAT PTE. LTD. and/or its affiliates.
1.2 This Agreement is entered into between you (hereinafter referred to as the "User") and us with respect to your use of the App and related services.
1.3.1 Software services such as device connection, binding, gesture setting, volume adjustment and firmware OTA update provided to HOMA HEAR users, as actually provided in the App.
1.3.2 Updating and upgrading of the Software itself, as well as other relevant technical support services.
1.4 The User understands that we only provide the Software and its related services. Any costs associated with devices that are used to access the Software and its services (such as the cost of mobile devices on which the Software is used and Internet fees) shall be solely borne by the User. A compatible mobile terminal device, network bandwidth, mobile data, and other necessary resources may be required in order to use the Software and its related services on the client side.
2.1 We grant the User a personal, non-transferable, non-sublicensable, and non-exclusive licence to use the Software.
2.2 The User may install, use, display, and run the Software for non-commercial purposes on a single mobile terminal device. However, the User shall not install, use, or run the Software for any commercial purposes, and shall not copy, alter, modify, hook, or create any derivative works of the Software, or of the data released into the memory of any terminal device during the operation of the Software, or of the data exchanged between the client and server during the operation of the Software, including but not limited to the use of plugins, add-ons, or unauthorised third-party tools/services to access the Software or related systems. Should the User wish to sell, copy, or distribute the Software commercially, such as through software pre-installation or bundling, prior written authorisation and permission from us are required.
2.3 Without obtaining permission from us, the User may not install the Software on other devices that have not been explicitly permitted by us, including but not limited to digital set-top boxes, game consoles, televisions, and DVD players.
2.4 The User may make one copy of the Software solely for backup purposes related to the use of the Software and services. The backup copy must include all the copyright information contained in the original Software.
2.5 Except for the rights expressly granted in this Agreement, we grant no other rights to the User. Should the User wish to exercise any other rights, prior written consent from us must be obtained separately.
3.1 The User shall download and install the Software in the manner authorised or designated by us. Please note that you must not download the Software from unknown sources, as doing so may expose your mobile devices to malware, resulting in damage to User data and the acquisition of private User information by the malware. Should the User obtain the Software from a third party not authorised by us or install a program with the same name as the Software, we cannot guarantee the proper functionality or use of such software and will not be liable for any loss resulting therefrom.
3.2 The User must select the version of the Software that is compatible with the terminal device that it is installed on. Otherwise, the User shall be solely liable for any software problems, or problems with or damage to the device caused as a result of the incompatibility between the version of the Software and the device model.
3.3 In order to improve the overall user experience as well as the quality of our services, we have the right to provide the User with replacement, modified, or upgraded versions of the Software from time to time. Notifications about such updates are turned on by default. Depending on the User's Software version, we allow the User to choose whether to enable this feature. After a new version of the Software is released, we do not guarantee that older versions of the Software will continue to be functional.
4.1 The User may need to register for a HOMA HEAR account in order to use the Software and its services. The User's registration and use of the HOMA HEAR account are governed by this Agreement and the HOMA HEAR Privacy Policy.
4.2 The User may choose to log in using a third-party account (such as Google, Apple, or email account). With the User's prior authorization, we may collect certain necessary information returned by the third party (including User ID, nickname, email address) for the sole purpose of creating and managing the User's HOMA HEAR account, authenticating the User's identity, and providing corresponding App services. The processing of the User's personal information by the third-party account service provider is subject to the privacy policy of the said third party, and we shall not be liable for any acts of the third party in this regard.
5.1 Subject to applicable laws and this Agreement, the User may use the Software and related services in accordance with the provisions of this Agreement and the relevant operating rules announced by us from time to time. The User shall not engage in the following activities:
5.2.1 If the User publishes any information or content using the Software, the User shall guarantee that the information or content uploaded is owned by the User or has been legally licensed to the User, and that the User's use of the Software and its services does not infringe upon the legitimate rights or interests of any third party. The User shall bear all legal liabilities arising from the information or content published by the User.
5.2.2 The User shall not use the Software to perform the following actions, including but not limited to:
5.2.3 Without obtaining the prior written permission of us, the User may not engage in any commercial promotion, product sales or other commercial activities within the Software by any means.
5.3.1 In the event that we suspect that the User has violated this Agreement or applicable laws and regulations, we have the right to suspend or revoke the User's software use licence, or take other appropriate measures within the scope of this Agreement and applicable laws (including but not limited to restricting the User's access to partial or all functions of the Software).
5.3.2 During the use of the licensed Software, if the User publishes any information which infringes upon any person's legitimate rights or violates laws, regulations or this Agreement, we have the right to directly delete such information without prior notice to the User, and take corresponding measures in accordance with this Agreement.
5.3.3 Should the User's breach of this Agreement cause damage to any third party, the User shall independently bear the resulting legal liability in their own name and shall ensure that we are fully indemnified and held harmless against any resulting losses, damages or increased expenses (including reasonable legal fees and attorney fees).
5.3.4 Should the User violate relevant laws, regulations or the terms of this Agreement, thereby causing us to incur direct or indirect losses, face third-party claims, or be subject to penalties from administrative or judicial authorities, the User shall indemnify us for all the resulting damages and/or expenses incurred, including reasonable legal fees, investigation/evidence collection costs and compensation for third-party losses.
6.1 The User understands and agrees that the Software may contain services provided by our affiliates or third parties (such as Google Cloud speech recognition and translation services). The provision of the relevant functional modules and access portals to third-party services within the Software system by us is solely for the User's convenience, and does not mean that we endorse the third-party services.
6.2 Regardless of whether the third-party services are pre-installed on the Software or activated or subscribed to by the User, the User understands and agrees that we make no express or implied warranties or guarantees with respect to the legality or validity of the actions of third-party service providers or the User in using the third-party services, nor with respect to the legality, accuracy, validity, or security of such third-party services.
6.3 We do not supervise the operation of third-party services, have no direct control over them, provide no warranties or guarantees of any kind regarding them, and assume no liability whatsoever for any losses, damages or disputes arising from the User's use of third-party services.
6.4 Any disputes or conflicts arising between the User and a third-party service provider shall be resolved between the User and the service provider in accordance with the service provider's user agreement, privacy policy and relevant processes and regulations, and we shall bear no liability in connection with such matters.
7.1 We are committed to protecting the User's personal information and privacy. The User's collection, use, storage, transfer and protection of personal information in the course of using the Software and related services are governed by our HOMA HEAR Privacy Policy (latest updated on February 27, 2026). The HOMA HEAR Privacy Policy is an integral part of this Agreement, and the User's use of the Software shall be deemed as acceptance of the terms of the HOMA HEAR Privacy Policy.
7.2 The User acknowledges and agrees that we may collect and use the User's personal information (including account information, Bluetooth device information, call audio data, usage logs, etc.) in strict accordance with the HOMA HEAR Privacy Policy for the purpose of providing the Software and related services.
7.3 The User may exercise the data protection rights stipulated in the HOMA HEAR Privacy Policy (including the right to access, correct, delete personal information, the right to withdraw consent, etc.) and manage the User's privacy preferences in the manner specified in the HOMA HEAR Privacy Policy.
8.1 We have the right to independently determine whether the User's conduct complies with the provisions of this Agreement and applicable laws and regulations. If the User is found to be in violation of any applicable laws and regulations, the provisions of this Agreement, or our relevant operating rules, we may, depending on the severity of the violation, take one or more of the following measures: remove the offending information, restrict the User's use of partial or all functions of the Software, suspend or terminate the User's access to the Software and related services, pursue the User's legal liability in accordance with the law, and take other measures deemed appropriate by us.
8.2 The User shall be solely liable for any losses, damages, claims or penalties incurred by us due to the User's breach of this Agreement or applicable laws and regulations, including but not limited to claims for compensation from any third parties or penalties imposed by any administrative or judicial authority.
9.1 We provide service support based on the currently available technology and technical conditions. We do not warrant that the operation of the Software and related services will be uninterrupted, timely, error-free or secure, nor do we warrant that all defects in the Software and related services will be corrected, or that the Software and related services will meet all of the User's requirements and expectations. We shall not bear any liability arising from the above-mentioned circumstances.
9.2 We shall not be liable for any and all losses suffered by the User due to factors beyond our reasonable control, including but not limited to third-party acts, communication line failures, network technical issues, network disconnections, computer terminal equipment malfunctions, system instability, natural disasters and other force majeure events.
9.3 We do not warrant the legality, authenticity, accuracy, completeness or validity of the information and content obtained by the User through the Software (including but not limited to the content from invoked third-party services). The User shall independently judge and bear the corresponding risks when using the above information and content, and we shall not be liable for any consequences resulting from the User's actions based on such enquiry or viewing.
9.4 Like most Internet software and services, the Software may be subject to various factors (including but not limited to the User's own operation, network service quality, and the social environment) and may be negatively impacted by various security issues, such as unauthorised use of the User's account and data by others resulting in real-life disruptions, and viruses such as Trojan horses contained within other software downloaded by the User or other websites visited by the User that threaten the security of the User's terminal device information and data, which in turn affect the normal use of the Software. The User should enhance their awareness of information security and the protection of personal data and account security, and must pay attention to strengthening password protection, regularly changing account passwords and taking other necessary security measures to prevent potential loss and harassment.
9.5 The User shall be solely liable for any personal injury, property loss or incidental, indirect or consequential economic damages arising out of or in connection with any of the following circumstances, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses:
9.6 The User agrees that we have the right to suspend, interrupt, or terminate the provision of all or part of the Software services to the User in accordance with the requirements of judicial, regulatory, or supervisory authorities or based on our own business operation needs (including but not limited to service adjustment, system upgrade and maintenance), and we shall not be liable for any losses incurred by the User as a result, provided that we perform the relevant notice obligations in accordance with applicable laws and regulations.
9.7 The User understands and agrees that we will use commercially reasonable technical and administrative measures to ensure the security of the User's data (including personal information and usage data) stored in the Software and its related services, but the Internet and information technology have inherent security risks, and we cannot provide a complete and absolute guarantee for the security of the User's data. The User understands and agrees that we are not liable for any failure to delete, store, or back up data within the services due to factors beyond our reasonable control.
10.1 We are the legitimate owner of the intellectual property rights in the Software and all its related content. Any copyright, trademarks, patent rights, trade secrets, and other intellectual property rights in and to the Software (including but not limited to the source code, program code, interface design, operation process, functional settings) as well as all its related content (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data, or electronic documents) belong to us and are protected by the applicable laws and regulations of the relevant jurisdictions and the corresponding international treaties.
10.2 Without the prior written consent of us, the User may not, or authorise any third party to, reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, implement, use, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purposes. We reserve the right to pursue the User's and/or the third party's legal liability in accordance with the law for any infringement of our intellectual property rights.
11.1 We have the right to amend or update the clauses of this Agreement from time to time in accordance with the development of the business and the requirements of applicable laws and regulations. Any amended or updated clause of this Agreement will be published within the Software (such as in the App announcement page or pop-up prompt) or on our official relevant platform. The amended Agreement shall come into effect from the date of publication specified in the notice.
11.2 If the User does not consent to the changes to the Agreement, the User shall immediately stop using the Software and related services and cancel the HOMA HEAR account in accordance with the prescribed procedures. The User's continued use of the Software and related services after the effective date of the amended Agreement shall be deemed as the User's acceptance of the changed terms of the Agreement.
12.1 The validity, interpretation, performance and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any matters not covered by this Agreement shall be governed by the international business practices and/or commercial practices commonly recognised in the international community.
12.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall first be resolved through amicable negotiation between the User and us.
12.3 Should the negotiation fail within thirty (30) days from the date of the first written notice of the dispute, either party may submit the dispute to the Singapore International Arbitration Centre (SIAC) for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The place of arbitration shall be Singapore, and the language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
13.1 The HOMA HEAR Privacy Policy is an integral part of this Agreement and has the same legal effect as this Agreement. In case of any inconsistency between the HOMA HEAR Privacy Policy and this Agreement, the HOMA HEAR Privacy Policy shall prevail with respect to matters related to personal information protection.
13.2 This Agreement was updated on February 27, 2026, consistent with the latest version of the HOMA HEAR Privacy Policy.
13.3 The headings of all clauses in this Agreement are for the sole convenience of reference only and shall not be deemed to have any substantive meaning or be used as a basis for interpreting the meaning, content or scope of application of this Agreement.
13.4 If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason by a court or arbitral tribunal with competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect and continue to be binding upon both parties. The parties shall negotiate in good faith to replace the invalid provision with a valid provision that best reflects the original intention of the parties.
13.5 The User's failure to exercise or delay in exercising any right under this Agreement shall not constitute a waiver of such right. The partial exercise of a right shall not preclude the exercise of other rights under this Agreement.
Document generated: February 26, 2026