Terms and Conditions

Last updated: September 29, 2026

Agreement between user and Audiology Technology Solutions, LLC

Welcome to Theta, operated by Audiology Technology Solutions, LLC ("ATS", "we", "us") at audiologysimulator.com and its subdomains and affiliated sites (the "Site"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read them carefully and keep a copy for your reference.

The Site provides access to the Theta audiology simulation software (the "Services"). The Site sells subscriptions, seats, and one-time access to the Services for the period specified at the time of purchase. The Services let users design, run, and score simulated clinical audiology cases — generated at random or specified by an instructor — and review, report on, and export the results.

Some users can see and work with data saved by other users. In particular:

• Organizations. Instructors and administrators of an organization you belong to (for example, your university or training program) can see the lessons you complete in that organization, your submissions, your scores, and your activity.
• Leaderboards. Where you take part in a ranked activity such as the Audiogram of the Day, other users can see your name, profile picture, and scores.

Users without paid accounts may have access to some features of the Services.

Privacy

Your use of the Site is subject to our Privacy Policy, which also governs the Site and explains our data collection practices.

Electronic communications

Visiting the Site or sending emails to ATS constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity, and an account may not be used by more than one person. You acknowledge that ATS is not responsible for third-party access to your account that results from theft or misappropriation of your credentials. ATS reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. Multiple users on a single account may result in suspension or termination of that account.

Children under thirteen

ATS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian.

Content you create

You keep authorship of the lessons, cases, and other content you create or upload using the Services. By creating or uploading content, you grant ATS a non-exclusive, worldwide, royalty-free, perpetual license to host, store, access, use, reproduce, adapt, and reuse that content — together with the results and data you generate while using the Services — to operate, provide, and improve the Services. You confirm that you have the rights needed to grant this license for anything you upload.

Cancellation and refunds

You may cancel your subscription at any time. When you cancel, you may keep access until the end of the period you paid for, or your access may end immediately.

Refunds are available by request. To ask for one, email audiologysimulator@gmail.com with your name, the email address on your account, the date of purchase, what you bought, the amount charged, and the reason for your request. We review each request individually.

Links to third-party sites and services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ATS, and ATS is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. ATS provides these links only as a convenience, and the inclusion of any link does not imply endorsement by ATS of the site or any association with its operators.

Certain services made available through the Site are delivered by third-party organizations (see the service providers listed in our Privacy Policy). By using any product, service, or functionality originating from the Site, you acknowledge and consent that ATS may share information and data with any third party with whom ATS has a contractual relationship to provide the requested product, service, or functionality on behalf of Theta users and customers.

No unlawful or prohibited use; intellectual property

On payment for access to the Services, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the Theta software strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ATS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Services, such as text, graphics, logos, images, audio, simulated cases, and the compilation of them, and any software used on the Site, is the property of ATS or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to them.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the Site. ATS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal or your organization's educational use, and will make no other use of it without the express written permission of ATS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ATS or our licensors except as expressly authorized by these Terms.

International users

The Services are controlled, operated, and administered by ATS from our offices in the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use ATS content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. We reserve the right to refuse payments originating from locations where ATS is not registered to do business.

Indemnification

You agree to indemnify, defend, and hold harmless ATS, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this agreement or of any rights of a third party, or your violation of any applicable laws, rules, or regulations. ATS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ATS in asserting any available defenses.

Class action waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ATS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AUDIOLOGY TECHNOLOGY SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THETA IS AN EDUCATIONAL SIMULATION: IT IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY PATIENT.

AUDIOLOGY TECHNOLOGY SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUDIOLOGY TECHNOLOGY SOLUTIONS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOLOGY TECHNOLOGY SOLUTIONS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AUDIOLOGY TECHNOLOGY SOLUTIONS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination and access restriction

ATS reserves the right, in its sole discretion, to terminate your access to the Site and the related Services, or any portion of them, at any time, without notice. Your account information may also be deleted at any time, with or without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Kentucky, and you consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ATS as a result of this agreement or use of the Site. ATS's performance of this agreement is subject to existing laws and legal process, and nothing in this agreement is in derogation of ATS's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ATS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations set out above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

Unless otherwise specified here, this agreement constitutes the entire agreement between the user and ATS with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ATS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to these Terms

ATS reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to review the Terms periodically to stay informed of our updates.

Contact us

ATS welcomes your questions or comments regarding these Terms:

Audiology Technology Solutions, LLC
Louisville, Kentucky
Email: audiologysimulator@gmail.com