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| 0 | ŌURA TERMS OF USE Previous Terms and Conditions Last Updated: April 20th, 2026 Welcome and thank you for your interest in ŌURA! | 0 | I. ŌURA TERMS OF USE Previous Terms and Conditions Last Updated: October 2, 2026 Effective Date: November 4, 2026 Section XVI of these Terms of Use contains an arbitration agreement and class action waiver that apply to all claims brought against Oura in the United States. |
| 1 | These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of ouraring.com (the “Site”), sizing kit(s), smart ring(s), charger(s), and/or other electronic device(s) (the “Products”), including Oura mobile applications (the “Oura Apps”)(collectively, the “Services”). | 1 | Please read it carefully. |
| 2 | The Oura Apps include at least the Oura commercial mobile application and the Oura mobile application for research studies (“Oura Research App”). | 2 | Welcome and thank you for your interest in ŌURA! |
| 3 | These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of ouraring.com (the “Site”); sizing kit(s), smart ring(s), charger(s), and/or other electronic device(s) (the “Products”); and Oura mobile applications (the “Oura Apps”), together with any related content, features, software, and support ŌURA makes available including Oura membership(s) (collectively, the “Services”). | ||
| 4 | The Oura Apps include, but are not limited to, the Oura commercial mobile application and Oura mobile applications for research studies (“Oura Research Apps”). | ||
| 5 | In this Agreement, we refer to ourselves as “ŌURA” or “Oura” or “us” or “we”; we refer to you as “you” or “Customer.” ŌURA and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.” By accessing or using the Services, including access to the Site, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the ŌURA Health Privacy Policy (available at ouraring.com/privacy-policy ) (“Privacy Policy”), which is incorporated by reference. | 7 | In this Agreement, we refer to ourselves as “ŌURA” or “Oura” or “us” or “we”; we refer to you as “you” or “Customer.” ŌURA and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.” If you are a resident of the United States, then you are contracting with Ouraring Inc. |
| 6 | If you do not agree to these terms and conditions, you may not use the Services. | 8 | If you are not a resident of the United States, then you are contracting with Oura Health Oy. By accessing or using the Services, including access to the Site and Oura Apps, you expressly agree to be bound by all the terms and conditions of this Agreement and the ŌURA Health Privacy Policy (available at ouraring.com/privacy-policy ) (“Privacy Policy”), which is incorporated herein by reference. |
| 9 | If you do not agree to the Agreement, then you may not use the Services. | ||
| 10 | II. | ||
| 13 | You shall not at any time, directly or indirectly, and shall not permit any third party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Oura Apps component of the Services, in whole or in part; (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to data scraping or web scraping), or that otherwise violates any law, regulation, or other legal requirement; (iv) use the Services to introduce, execute, or attempt to execute malicious code, including but not limited to viruses, worms, Trojan horses, or any other harmful software; (v) engage in activities that exploit or attempt to exploit the Services through security vulnerabilities, including but not limited to injection attacks (e.g., SQL injection, command injection, script injection), buffer overflows, or session hijacking; (vi) attempt to probe, scan, or test the vulnerability of any ŌURA system or network or to breach security or authentication measures without express authorization; (vii) use automated systems or software (including bots, scrapers, or crawlers) to access the Services in a manner that sends more request messages to ŌURA servers than a human can reasonably produce in the same period, unless expressly permitted by ŌURA. | 17 | You shall not at any time, directly or indirectly, and shall not permit any third party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Oura Apps component of the Services, in whole or in part; (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to data scraping or web scraping), or that otherwise violates any law, regulation, or other legal requirement; (iv) use the Services to introduce, execute, or attempt to execute malicious code, including but not limited to viruses, worms, Trojan horses, or any other harmful software; (v) engage in activities that exploit or attempt to exploit the Services through security vulnerabilities, including but not limited to injection attacks (e.g., SQL injection, command injection, script injection), buffer overflows, or session hijacking; (vi) attempt to probe, scan, or test the vulnerability of any ŌURA system or network or to breach security or authentication measures without express authorization; (vii) use automated systems or software (including bots, scrapers, or crawlers) to access the Services in a manner that sends more request messages to ŌURA servers than a human can reasonably produce in the same period, unless expressly permitted by ŌURA; (viii) access or attempt to access any non-public area of the Services, any ŌURA account other than your own, or any ŌURA computer system, server, network, or the technical delivery systems of ŌURA’s service providers, except as expressly authorized under this Agreement; or (ix) circumvent, bypass, disable, degrade, or otherwise interfere with any access controls, usage limits, security features, authentication measures, subscription restrictions, technological protection measures, or other technical or contractual restrictions that ŌURA applies to the Services, including by using multiple accounts, Credentials, devices, IP addresses, automated tools, or other methods to avoid or exceed those restrictions. |
| 19 | You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services. | 23 | You shall abide by the terms and conditions and other requirements associated with the services provided by such third-parties in connection with the Services. |
| 20 | You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. | 24 | Oura Research Apps Oura Research Apps are mobile applications that enable individuals to participate in research studies (each a “Study”) conducted by or on behalf of ŌURA or an independent research sponsor (“Research Sponsor”). |
| 21 | You are further solely responsible for compliance with all applicable laws relating to your use of the Services. | — | Removed |
| 22 | You shall further use the Services solely for lawful purposes, and shall conduct all business through the Services in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism. | — | Removed |
| 23 | You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Oura App, internet access, security Oura App, backup devices or services, and any other requirements. ŌURA shall have no responsibility to provide any additional Oura App or hardware. | — | Removed |
| 24 | You further agree that ŌURA shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services. | — | Removed |
| 25 | You are responsible for ensuring ŌURA has accurate and current information for your Customer account, including current contact and payment information. | — | Removed |
| 26 | You are further responsible for regularly reviewing the associated Customer email account for any communications from ŌURA. | — | Removed |
| 27 | If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose Credentials to any other person or entity. | — | Removed |
| 28 | You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. | — | Removed |
| 29 | You shall notify ŌURA immediately of any unauthorized access to or use of your Credentials or any other breach of security. ŌURA has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by ŌURA. ŌURA shall make commercially reasonable efforts to provide adequate support services for the Services. | — | Removed |
| 30 | Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services. | — | Removed |
| 31 | Oura Research App The Oura Research App is a discrete mobile application that enables individuals to participate in research studies (each a “Study”) conducted by or on behalf of ŌURA or an independent research sponsor (“Research Sponsor”). | — | Removed |
| 33 | Participation in any Study is voluntary, and does not necessarily require the purchase of Paid Services. | 26 | Participation in any Study is voluntary, and does not necessarily require the purchase of Paid Services (as defined in Section IV. below). |
| 39 | TO THE EXTENT OF A CONFLICT BETWEEN THE RESEARCH AGREEMENT AND THIS AGREEMENT, THE RESEARCH AGREEMENT WILL CONTROL. | 32 | IN THE EVENT OF A CONFLICT BETWEEN THE RESEARCH AGREEMENT AND THIS AGREEMENT, THE RESEARCH AGREEMENT WILL CONTROL. |
| 43 | If you choose to voluntarily participate in a Study through the Oura Research App, questions regarding the Research Agreement, Study protocol, use of research data, or the exercise of data protection rights relating to research data should be directed to the Research Sponsor as identified in the ICF. | 36 | If you choose to voluntarily participate in a Study through an Oura Research App, questions regarding the Research Agreement, Study protocol, use of research data, or the exercise of data protection rights relating to research data should be directed to the Research Sponsor as identified in the ICF. |
| 37 | III. | ||
| 47 | You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Oura Apps, internet access, security Oura App, backup devices or services, and any other requirements. ŌURA shall have no responsibility to provide any additional Oura App(s) or hardware. | 41 | You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Oura Apps, internet access, credentials, backup devices or services, and any other requirements. ŌURA shall have no responsibility to provide any additional Oura App(s) or hardware. |
| 49 | You are responsible for ensuring ŌURA has accurate and current information for your Customer account, including current contact and payment information. | 43 | You are responsible for ensuring that ŌURA has accurate and current information in your Customer account, including current contact and payment information. |
| 51 | If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose Credentials to any other person or entity. | 45 | If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose your Credentials to any other person or entity. |
| 53 | You shall notify ŌURA immediately of any unauthorized access to or use of your Credentials or any other breach of security. ŌURA has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by ŌURA. ŌURA shall make commercially reasonable efforts to provide adequate support services for the Services. | 47 | You shall notify ŌURA immediately of any unauthorized access to your account or the unauthorized use of your Credentials or any other breach of security. ŌURA has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by ŌURA. ŌURA shall make commercially reasonable efforts to provide adequate support services for the Services. |
| 55 | Payment and Fees Paid Services include the Services, which may be one-time purchases or automatically renewing subscription services (“Paid Services”), including our Site and Oura Apps (“Subscriptions”). | 49 | IV. |
| 50 | Payment and Fees “Paid Services” means those Services that ŌURA makes available only upon payment of Fees, whether as a one-time purchase (including Products and Pre-Orders) or as a Subscription. | ||
| 51 | Subscription means access to specified Paid Services pursuant to Subscription Terms (as defined in Section V. below) in exchange for your payment of recurring Fees, including any free-trial, prepaid, promotional, or organization-paid period. | ||
| 59 | From time to time we may offer promotional credits, vouchers, discounts, free or reduced shipping, or other promotional benefits (“Promotional Offers”). | ||
| 60 | Promotional Offers are made at our sole discretion, may be made available to some Customers and not others, including on a randomized basis for testing and product development purposes, and may be limited in time, quantity, or eligibility. | ||
| 61 | A Promotional Offer does not change the standard price of any Product or Paid Service, and the availability of a Promotional Offer to another Customer does not entitle you to that or any other Promotional Offer. | ||
| 62 | Unless we state otherwise when the offer is presented, Promotional Offers have no cash value, are non-transferable, may not be redeemed for cash, and cannot be applied retroactively to a completed order. | ||
| 63 | The specific terms and conditions applicable to each Promotional Offer will be disclosed to you when the Promotional Offer is presented, and those terms and conditions control to the extent they conflict with these Terms. | ||
| 64 | If an order placed with a Promotional Offer is cancelled or a Product is returned, any refund will be limited to the amounts you actually paid. | ||
| 65 | We may withhold, revoke, or reverse a Promotional Offer, and cancel any associated order, where we reasonably believe it has been obtained or used through fraud, abuse, or in violation of this Agreement. | ||
| 67 | If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. | 70 | If you accept a Promotional Offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. |
| 71 | Individual discounts may not be combined or stacked with any other discount. | 74 | Except as we expressly state when an offer is presented, individual discounts may not be combined or stacked with any other discount. |
| 72 | This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever. | 75 | This payment obligation shall survive termination or cancellation of this Agreement. |
| 74 | Please note that you may not receive a rebate of any interest that may have already accrued on an amount that is later refunded. ŌURA may offer special pricing or discounts to certain groups (e.g., students, educators, first responders, and healthcare professionals). | 77 | Please note that financing with our third-party payment processor is subject to their terms and information submitted to them to secure financing is subject to their privacy policy. |
| 78 | You may not receive a rebate of any interest that may have already accrued on an amount that is later refunded. ŌURA may offer special pricing or discounts to certain groups (e.g., students, educators, first responders, and healthcare professionals). | ||
| 77 | By using the ID.me portal, you acknowledge and agree that your use of their service is subject to ID.me’s Terms of Service and Privacy Policy. ŌURA is not responsible for any issues, errors, or data processing conducted by ID.me during the verification process. | 81 | By using the ID.me portal, you acknowledge and agree that your use of their service, including any information you submit through their portal, is subject to ID.me’s Terms of Service and Privacy Policy . ŌURA is not responsible for any issues, errors, or data processing conducted by ID.me during the verification process. |
| 82 | Special eligibility discounts cannot be combined with any other promotional codes, site-wide sales, or other discount programs. | 86 | Special eligibility discounts cannot be combined with any other promotional codes, site-wide sales, or other discount programs, other than Promotional Offers that we expressly state may be combined. |
| 85 | Subscriptions Certain Paid Services are subscription-based purchases, to which the following terms apply: Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. | 89 | V. |
| 86 | Your Subscription will auto-renew for additional Subscription Terms until your Subscription is cancelled by you, or suspended or terminated by ŌURA. | 90 | Subscriptions The following terms apply to Subscriptions: Your Subscription term may vary as a monthly, annual, or other term, and may include a prepaid, promotional, or organization-paid period followed by an automatically renewing term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. |
| 87 | Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the Subscription fee plus any applicable taxes and other charges. | 91 | Your Subscription will automatically renew for additional Subscription Terms until your Subscription is cancelled by you, or suspended or terminated by ŌURA. |
| 88 | Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service. | 92 | Unless otherwise indicated by us, your designated payment method will be charged the first day of each Subscription Term for the Subscription fee plus any applicable taxes and other charges. |
| 93 | Where required by applicable law, and within the timeframe that law requires, we will send you notice before a Subscription Term renews while your Subscription remains active. | ||
| 94 | Any such notice will identify the Subscription, the amount and frequency of the charges that will apply, the renewal date where applicable, and how to cancel, and will be provided in a form you can retain. | ||
| 95 | Renewal will occur at the price then in effect for the Paid Service, subject to the fee change notice described below. | ||
| 97 | To avoid being charged for the next Subscription Term, you must cancel at least one day before your renewal date. | ||
| 91 | To cancel your subscription and automatic payment, click on the “Cancel Account” button from your account screen or contact our team by visiting support.ouraring.com and submitting a ticket. | 99 | You may cancel at any time, online and without any further steps, using the “Cancel membership” link in your account settings in the Oura Apps or at ouraring.com . |
| 92 | Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Subscription Term. | 100 | You may also cancel through any channel through which you purchased your Subscription, or through any other method required by applicable law, or by contacting our team at support.ouraring.com . |
| 103 | Except for an applicable Cooling-Off Period, as defined below, you are not entitled to the refund of any previously paid Fees, whether full or pro-rated. | ||
| 97 | The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. | 106 | The amount and form of such credits, and the decision to provide them, are in our sole and absolute discretion. |
| 99 | If you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period. | 108 | When you purchase or convert to a paid Subscription, you expressly request and agree that we begin providing the digital content and Services immediately upon activation of your paid Subscription. |
| 109 | You acknowledge that, by agreeing, you lose your right of withdrawal once we begin providing the Paid Services. | ||
| 110 | If you reside outside the United States and change your mind about your purchase, subject to applicable law, you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period. | ||
| 101 | Prior to starting your free trial we will notify you of the applicable Subscription fees that will be charged at the expiration of your free trial. | 112 | Subscription Fees are charged automatically when a free trial ends. |
| 102 | Unless you cancel your Subscription prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. | 113 | Before you enroll, we will disclose the length of the free trial or promotional period, the Subscription fee that will be charged when it ends, the billing frequency, and how to cancel, and we will obtain your consent to those terms. |
| 114 | Where required by applicable law, and within the timeframe that law requires, we will also send you a reminder before the free trial or promotional period expires, stating the fee that will then be charged, the billing frequency, and how to cancel. | ||
| 115 | Unless you cancel your Subscription at least one day prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. | ||
| 118 | If your Subscription is prepaid for a fixed period, included with a Product purchase, provided under a Promotional Offer, or paid for by an organization on your behalf, we will disclose to you when you enroll or activate your Subscription the date on which that period ends, the Subscription Term and Fee that will apply after it ends, and how to cancel. | ||
| 119 | Unless you cancel before that period ends, your Subscription will continue as an automatically renewing Subscription on the applicable terms, and your designated payment method will be charged on each renewal date. | ||
| 120 | Where required by applicable law, and within the timeframe that law requires, we will send you a reminder before the period ends. | ||
| 109 | Fees shall be charged or debited from the saved, designated payment method you provide one day prior to the monthly or yearly anniversary of the initial purchase date. | 125 | Fees shall be charged or debited from the saved, designated payment method on the day of the monthly or yearly anniversary of the initial purchase date. |
| 111 | You will not be entitled to a refund for the value of the Subscription during the free trial. ŌURA reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. | 127 | You will not be entitled to a refund for the value of the Subscription during the free trial. |
| 112 | You acknowledge that ŌURA may change the Fees for Paid Services at any time. | 128 | From time to time, ŌURA may change the Fees for our Paid Services, or any features or parts of our Paid Services. ŌURA will communicate any Subscription Fee changes to you in advance of the effective date and within the timeframe required by applicable law. |
| 113 | In the event of such a change, ŌURA will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. | 129 | The new Fee will apply to Subscription Terms beginning on or after its effective date. |
| 114 | Your continued use of the Services indicates your acceptance of any changes to the Fees. | 130 | You may cancel your Subscription at any time before that effective date to avoid the new Fee. |
| 131 | Where applicable law requires your affirmative consent to a change in the Fee, we will obtain that consent before charging the new Fee. | ||
| 133 | VI. | ||
| 117 | You consent to the collection and use of such information by ŌURA, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. | 135 | This information may be collected directly from you, produced from the information you provide to us, or received from third parties, including without limitation partners or services, applications, or other sources that you connect to or authorize to share information with the Services. |
| 118 | All personal information collected by ŌURA is treated in accordance with the Privacy Policy . | 136 | By agreeing to this Agreement, you acknowledge that you have read our Privacy Policy , which describes how ŌURA collects, uses, and shares personal information in connection with the Services. |
| 137 | All personal information that ŌURA collects or processes when you use the Services is handled in accordance with the Privacy Policy . | ||
| 134 | For help or more information, visit Oura Member Care and start a conversation with us. ŌURA disclaims all liability under this Agreement for any information you provide to ŌURA that may constitute electronic patient health records or similar information supplied by you or an end user, notwithstanding anything to the contrary in this Agreement or as otherwise required by any applicable federal, state, or international laws, rules, or regulations. | 153 | For help or more information, visit Oura Member Care and start a conversation with us. ŌURA disclaims all liability that arises out of or in any way relates to any information that you provide or direct to be provided to ŌURA, even if that information constitutes electronic patient health records or similar information. |
| 154 | By providing such information to Oura, you acknowledge that Oura may use, process, or share it, consistent with the terms of this Agreement and the Privacy Policy. | ||
| 155 | VII. | ||
| 145 | Warranty Disclaimer THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ŌURA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. ŌURA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. | 166 | VIII. |
| 146 | NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ŌURA OR AN ŌURA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. | 167 | Warranty Disclaimer EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION TITLED PRECAUTIONS WITH RESPECT TO REGULATED FEATURES, THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ŌURA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. ŌURA DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT CONTENT WILL BE AVAILABLE, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE FIT FOR A PARTICULAR PURPOSE, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL CONTINUE FOR ANY SPECIFIC PERIOD OF TIME OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. |
| 147 | SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY. | 168 | NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ŌURA OR AN ŌURA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. |
| 148 | OURA DISCLAIMS ANY OF THE FOREGOING WARRANTIES FOR THE OURA RESEARCH APP AND ANY STUDY CONDUCTED THROUGH THE OURA RESEARCH APP, UNLESS EXPRESSLY SET FORTH IN A RESEARCH AGREEMENT. | 169 | SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. |
| 149 | NOTWITHSTANDING THE FOREGOING, ŌURA WARRANTS TO THE ORIGINAL END USER PURCHASER THAT NEW PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE AND REFURBISHED PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE OF PURCHASE. | 170 | NOTHING IN THIS SECTION EXCLUDES, LIMITS, OR MODIFIES ANY CONFORMITY, PERFORMANCE, SAFETY, OR OTHER OBLIGATION THAT MAY NOT BE EXCLUDED, LIMITED, OR MODIFIED UNDER LAWS APPLICABLE TO MEDICAL DEVICES, INCLUDING WITH RESPECT TO ANY REGULATED FEATURE, AND THE FOREGOING DISCLAIMERS DO NOT PURPORT TO DISCLAIM THAT A REGULATED FEATURE PERFORMS IN ACCORDANCE WITH ITS INDICATIONS FOR USE, INTENDED PURPOSE, AND PERFORMANCE SPECIFICATIONS AS SET OUT IN ITS USER MANUAL. |
| 150 | If your local law in effect at the time of purchase requires a longer warranty period, this warranty shall be extended to the extent required by such law. | 171 | OURA DISCLAIMS ANY OF THE FOREGOING WARRANTIES FOR OURA RESEARCH APPS AND ANY STUDY CONDUCTED THROUGH OURA RESEARCH APPS, UNLESS EXPRESSLY SET FORTH IN A RESEARCH AGREEMENT. |
| 151 | Within the warranty period, ŌURA shall repair or replace at no charge to you any components of the Product that fail the limited warranty provided. | 172 | NOTWITHSTANDING THE FOREGOING, ŌURA WARRANTS TO THE ORIGINAL END USER PURCHASER THAT NEW PRODUCTS ARE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF DELIVERY; AND THAT REFURBISHED PRODUCTS ARE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE OF DELIVERY. |
| 152 | You shall be responsible for any related transportation charges. | 173 | If your local law in effect at the time of purchase requires a longer warranty period, this warranty shall be extended to the extent required by such law. ŌURA shall repair, and if repair is not feasible, or replace at no charge to you any components of the Product that fail during the one year or ninety day (as applicable) limited warranty period. |
| 153 | Replacement products may be new or refurbished at our discretion. | 174 | You shall be responsible for any related shipping charges. |
| 154 | This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the Oura Product or available at the website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by ŌURA; or(vi) use of the Product with any application or software other than the Oura App(s). ŌURA retains the exclusive right to repair or replace the Product, or offer a full refund, and may require the original end user to provide their original purchase information at its sole discretion. | 175 | Replacement products or components may be new or refurbished at our discretion. |
| 155 | Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. | 176 | This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the Oura Product or available at the website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by ŌURA; or (vi) use of the Product with any application or software other than the Oura App(s). ŌURA retains the exclusive right to repair or replace the Product, or offer a full refund, and may require the original end user to provide their original purchase information in its sole discretion. |
| 177 | Repair, replacement or refund, in ŌURA’s sole discretion, are your sole and exclusive remedies for any breach of this limited warranty. | ||
| 158 | Limitation of Liability IN NO EVENT WILL ŌURA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING THE OURA RESEARCH APP, OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY THIRD PARTY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. | 180 | IX. |
| 181 | Limitation of Liability IN NO EVENT WILL ŌURA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING OURA RESEARCH APPS, OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY THIRD PARTY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. | ||
| 161 | TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL ŌURA BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $100. | 184 | TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL ŌURA BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT PAID TO OURA IN THE PRIOR TWELVE (12) MONTHS. |
| 162 | Precautions THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY ŌURA. | 185 | These limitations of liability and damages are fundamental elements of the agreement between you and Oura. |
| 163 | THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. | 186 | X. |
| 164 | THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS. | 187 | Indemnification You agree to indemnify, hold harmless, and defend ŌURA, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement. |
| 165 | THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. | 188 | XI. |
| 189 | Precautions EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO REGULATED FEATURES, THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY ŌURA. | ||
| 190 | EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO REGULATED FEATURES, THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. | ||
| 191 | THE SERVICES ARE FOR WELLNESS AND INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS. | ||
| 192 | THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL, INCLUDING ANY USER MANUAL, INSTRUCTIONS FOR USE, OR INDICATIONS FOR USE PROVIDED FOR A REGULATED FEATURE. | ||
| 168 | YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. | 195 | THE SERVICES, INCLUDING ANY REGULATED FEATURE, ARE NOT INTENDED FOR USE IN EMERGENCY OR LIFE-THREATENING SITUATIONS. |
| 196 | YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND, EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO REGULATED FEATURES, YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. | ||
| 203 | Regulated Features. | ||
| 204 | A limited number of features within the Services may be regulated as medical devices and are made available only in those countries and regions where the applicable regulatory requirements have been met (each, a "Regulated Feature"). | ||
| 205 | The Fertile Window feature within Cycle Insights is a Regulated Feature. | ||
| 206 | In the European Union, the Fertile Window is CE marked as a medical device under Regulation (EU) 2017/745 (the Medical Device Regulation), and the legal manufacturer is Oura Health Oy, Elektroniikkatie 10, 90590 Oulu, Finland. | ||
| 207 | The countries and regions in which each Regulated Feature is available are identified at support.ouraring.com , and availability may change at any time and in ŌURA's sole discretion, including where required by applicable law or regulatory authority. | ||
| 208 | Where a Regulated Feature is not available to you, no medical device is provided to you. | ||
| 209 | Each Regulated Feature may be used only in accordance with its indications for use, intended purpose, contraindications, warnings, and instructions for use as set out in the user manual made available for that feature in the Oura Apps and at support.ouraring.com (each, a "User Manual"). | ||
| 210 | The Fertile Window is intended to interpret physiological parameters as an aid in ovulation prediction to facilitate conception, and is intended for use by adults with menstrual cycles as a personal fertility monitoring tool. | ||
| 211 | The Fertile Window is not intended for use by individuals under eighteen (18) years of age. | ||
| 212 | THE FERTILE WINDOW IS NOT INTENDED FOR USE AS CONTRACEPTION AND MUST NOT BE RELIED UPON TO PREVENT PREGNANCY. | ||
| 213 | USING THE FERTILE WINDOW CONTRARY TO ITS INDICATIONS FOR USE MAY RESULT IN PREGNANCY. ŌURA does not offer contraception. | ||
| 214 | Contraceptive functionality is offered by Natural Cycles, an independent third party, under its own terms and its own regulatory clearances, and ŌURA is not responsible for that application or for your use of it. | ||
| 215 | You acknowledge that a Regulated Feature produces predictions and estimates based on sensor data and physiological parameters, that its performance is subject to the limitations and accuracy specifications described in the applicable User Manual, and that results may be inaccurate or unavailable. | ||
| 216 | Except with respect to a Regulated Feature made available to you as a medical device, and then only within that feature's indications for use, the Services are not a medical device and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. | ||
| 217 | Even where a Regulated Feature is available to you, the Services do not provide medical advice and do not replace consultation with a physician or other qualified healthcare professional. | ||
| 218 | TO THE EXTENT OF A CONFLICT BETWEEN THE USER MANUAL FOR A REGULATED FEATURE AND THIS SECTION, THE USER MANUAL WILL CONTROL WITH RESPECT TO THAT REGULATED FEATURE. | ||
| 219 | Nothing in this Agreement limits any right or remedy available to you under laws applicable to medical devices. | ||
| 220 | If you experience a serious incident in connection with a Regulated Feature, you should report it to ŌURA at support.ouraring.com and, if you are located in the European Union, to the competent authority of the Member State in which you are established. | ||
| 181 | IF YOU PARTICIPATE IN A STUDY THROUGH THE OURA RESEARCH APP, THE RESEARCH AGREEMENT MAY OUTLINE ADDITIONAL PRECAUTIONS. | 227 | IF YOU PARTICIPATE IN A STUDY THROUGH AN OURA RESEARCH APP, THE RESEARCH AGREEMENT MAY OUTLINE ADDITIONAL PRECAUTIONS. |
| 229 | The Services may provide links to other websites maintained by third parties or be offered alongside third party products. | ||
| 230 | You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by ŌURA with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. | ||
| 231 | You further acknowledge and agree that ŌURA is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any third party products, or matters associated with the linked site, including without limitation, the content you provide on or through any such linked site or your reliance thereon. | ||
| 232 | In addition, you should be aware that your use of any third party product or site is subject to the terms and conditions applicable to that product or site, including the privacy policies (or lack thereof) of such third party. ŌURA does not guarantee that third party product information is complete, current, or error-free. | ||
| 233 | If a third party links to the Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with ŌURA. ŌURA may not even be aware that a third party has linked to the Services. | ||
| 185 | You further acknowledge and agree that ŌURA is not liable or responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any products or content provided by third parties including, without limitation, your reliance thereon. ŌURA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR CONTENT. | 236 | You further acknowledge and agree that ŌURA is not liable or responsible for any loss, injury, claim or damage of any kind that you may suffer in any manner as a result of using any third party products, services, or content. ŌURA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR CONTENT. |
| 186 | You agree to indemnify, hold harmless, and defend ŌURA, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement. | 237 | XII. |
| 187 | Notice for California Users Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. | 238 | Notice for California Users Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The provider of Services in the United States Ouraring, Inc. with its principal address at 415 Kearny Street, San Francisco, CA 94108. |
| 188 | Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. | 239 | For inquiries or complaints, you may contact us by email at support@ouraring.com or by writing to us at the address above. |
| 240 | The charges for the Services are as set forth in the applicable subscription or pricing page at the time of purchase and as further described herein. | ||
| 241 | If you have a complaint regarding the service or wish to receive further information regarding use of the service, please contact us at the address above or at support@ouraring.com. | ||
| 242 | If the matter is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. | ||
| 243 | XIII. | ||
| 193 | Sections titled Precautions, Intellectual Property Rights, Data and Communications, Indemnification, Warranty Disclaimer, Limitation of Liability, Governing Law, Forum; Mandatory Binding Arbitration; Class Action Waiver, and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever. | 248 | The following Sections shall survive termination or expiration of this Agreement for any reason whatsoever and will continue to apply even if you stop using the Services: Data and Communications, Intellectual Property Rights, Warranty Disclaimer, Limitation of Liability, Indemnification, Precautions, Export Compliance and Use Restrictions, Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver for United States Residents, Dispute Resolution, Venue, Forum, and Governing Law for Non-United States Residents, Miscellaneous, and any payment obligations for Fees incurred before the termination or expiration. |
| 249 | XIV. | ||
| 253 | XV. | ||
| 198 | Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver Any action related to this Agreement, the Services, and your relationship with ŌURA shall be governed by, construed, and interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. | 255 | XVI. |
| 199 | You agree to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration by a single arbitrator. | 256 | Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver for United States Residents Governing Law Subject to the Mandatory Binding Arbitration; Class Action Waiver provision below, any action related to this Agreement, the Services, and your relationship with ŌURA shall be governed by, construed, and interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. |
| 200 | This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. | 257 | Forum Any claim exempt from arbitration as set forth below will be brought in the federal or state courts in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. |
| 201 | Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. | 258 | United States Mandatory Arbitration; Class Action Waiver IF YOU RESIDE IN THE UNITED STATES, THEN THIS MANDATORY ARBITRATION AND CLASS WAIVER PROVISION APPLIES TO YOU. |
| 202 | Subject to the Mandatory Arbitration Provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. | 259 | IT REQUIRES RESOLUTION OF ALL DISPUTES BETWEEN US THAT ARISE OUT OF OR IN ANY WAY RELATE TO THIS AGREEMENT, THE SITE, THE SERVICES AND THE PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION. |
| 203 | Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. | 260 | THIS PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. |
| 204 | This paragraph does not apply to users who reside in the European Union. | 261 | READ THE BELOW PARAGRAPHS CAREFULLY. |
| 205 | If you are a user based in the European Union, then Finnish law shall apply to this Agreement and the Finnish courts shall have exclusive jurisdiction to hear disputes arising in relation to this Agreement. | 262 | This Arbitration Agreement supersedes all prior versions. 1. |
| 206 | This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer's country. | 263 | Application This Arbitration Agreement and Class Action Waiver applies to you if your country of residence or establishment is the United States. |
| 207 | The English language shall govern all documents, notices, and interpretations of these Agreement. | 264 | If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Oura in the United States, this Arbitration Agreement and Class Action Waiver will apply for determination of the threshold issue of whether this Arbitration Agreement and Class Action Waiver apply to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 2. |
| 208 | You also agree to waive any right to assert any claims against ŌURA as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. | 265 | Disputes Subject to Arbitration You and Oura mutually agree that any dispute, claim or controversy arising out of or relating to the Agreement including the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Site, the Services, and/or the Products, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, (collectively, the “Dispute”), regardless of when it accrued, will be resolved by binding individual arbitration. |
| 266 | The term “Dispute” as used in this Section is intended to be interpreted as broadly as permitted under applicable law and means any dispute, claim, or controversy between you and ŌURA, including any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing (collectively, "ŌURA"). | ||
| 267 | For avoidance of doubt, “Dispute” includes any dispute arising out of or relating to the validity, enforceability or scope of this “Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver for United States Residents” Section other than the enumerated “Claims Exempt from Arbitration” below, including any dispute over compliance with the Pre-Dispute Notice requirement or a party’s responsibility to pay arbitration fees. | ||
| 268 | As set forth more fully below, your agreement to resolve all Disputes through mandatory, binding arbitration means that you are: (1) giving up your right to sue ŌURA in court and understand that your Dispute will not be resolved by a judge and/or a jury; and (2) giving up your right to pursue a class action or other type of representative claim against ŌURA. 3. | ||
| 269 | Claims Exempt from Arbitration The only Disputes that are not subject to mandatory, binding arbitration are: (i) Any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) A claim brought by you or ŌURA solely for emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), to stop unauthorized use or abuse of the Services, or to stop a violation of any intellectual property; (iii) At the election of either you or ŌURA, claims that can be brought in the local small claims court pursuant to the local rules of that court; (iv) Claims for public injunctive relief brought under California law. | ||
| 270 | In the event that a claim for public injunctive relief is pursued, you agree that all arbitrable claims will be resolved first and the claim for public injunctive relief will remain stayed pending resolution of the arbitration. | ||
| 271 | Any statutes of limitation or repose applicable to the claims for public injunctive relief will remain tolled for the duration of the stay. | ||
| 272 | (v) Any claim or cause of action for vexatious litigation. 4. | ||
| 273 | Mandatory Pre-Filing Notice and Informal Resolution At least 30 days prior to a party initiating an arbitration, you and Oura each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. | ||
| 274 | The party with the Dispute must follow the procedures set forth in subdivisions (i) –(iii), below, before filing a Demand for Arbitration with the American Arbitration Association (“AAA”): (i) The party with the Dispute will send a written Pre-Dispute Notice to the other party. | ||
| 275 | If you are raising the Dispute, then you will send your Notice of Dispute to Oura’s agent for service of process: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. | ||
| 276 | Your Pre-Dispute Notice must contain the following information: your name, contact information, account or transaction details, purchase date, a description of your claim, and the relief you are seeking. | ||
| 277 | If ŌURA is raising the Dispute, then it will send a substantially similar Pre-Dispute Notice to the email address associated with your account. | ||
| 278 | (ii) You and we will negotiate in good faith for 30 days in an effort to resolve the Dispute. | ||
| 279 | (iii) If the Dispute is not resolved at the expiration of the 30-day negotiation period, then the party with the Dispute may file an Arbitration Demand with the AAA and proceed with arbitration pursuant to the procedures set forth below. | ||
| 280 | Any applicable time limit for bringing a claim will be paused from the date of receipt of the Notice of Dispute until the 30-day period expires. | ||
| 281 | The parties will agree on the date upon which the 30-day period will expire at the beginning of the negotiations. 5. | ||
| 282 | Arbitration Procedures and Governing Law (i) Governing Law. | ||
| 283 | To the extent the informal resolution process outlined in paragraph 4, above, fails to resolve the dispute, either party may file a demand for arbitration with the AAA and the arbitration will proceed pursuant to the procedures set forth below. | ||
| 284 | This Arbitration Agreement evidences a transaction in commerce, and the parties agree the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement. | ||
| 285 | To the extent the FAA requires application of state substantive law to any issue, then the law of the state of California shall apply. | ||
| 286 | (ii) Administration and applicable arbitration rules. | ||
| 287 | The arbitration will be administered by the AAA in accordance with its then-current Consumer Arbitration Rules which are available at www.adr.org . | ||
| 288 | If the amount in controversy of any claim or counterclaim is $50,000 or less, the matter will be resolved through the submission of documents pursuant to the AAA Procedures for the Resolution of Disputes Through Document Submission, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party. | ||
| 289 | (iii) Modification of Arbitration Rules - Arbitration Hearing/Location. | ||
| 290 | In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $250,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or ordered by the arbitrator. | ||
| 291 | Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $250,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or ordered by the arbitrator. 6. | ||
| 292 | Class Action Waiver You and Ōura agree that arbitration will be conducted only on an individual basis and not as a class or representative action. | ||
| 293 | Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. | ||
| 294 | If any court or arbitrator determines that the applicable law precludes enforcement of this waiver as to any claim or requested remedy, then that claim or requested remedy, and only that claim or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. | ||
| 295 | In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then we agree that all claims or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims and remedies are finally resolved. 7. | ||
| 296 | Mass Arbitration Procedures (i) When These Procedures Apply and Governing Rules. | ||
| 297 | These mass arbitration procedures apply when 25 or more arbitration demands raising the same or substantially similar claims are filed by claimants who share the same lawyer or whose lawyers are working together. | ||
| 298 | All arbitrations covered by these procedures will be administered by the AAA pursuant to the AAA’s Consumer Arbitration Rules (“Consumer Rules”) and its Mass Arbitration Supplementary Rules (“MA Rules”) (when referred to collectively, “the AAA Rules”). | ||
| 299 | Pursuant to AAA MA Rule 1(d), the parties agree to the following processes and procedures for the efficient resolution of the cases: (ii) Limited Service Neutral. | ||
| 300 | The parties agree that the AAA shall appoint a Limited Service Neutral solely for the purpose of randomly selecting the initial and subsequent batches of twenty (20) demands, as set forth more fully in paragraph (vii)(a), below. | ||
| 301 | The parties may agree in writing to have the Limited Service Neutral perform additional tasks. | ||
| 302 | The parties further agree that any process or procedure that is not addressed in this paragraph 7 will be addressed by the merits arbitrators. | ||
| 303 | (iii) Hearings. | ||
| 304 | All claims that do not exceed $50,000 will be resolved based on the submission of documents only. | ||
| 305 | Pursuant to MA Rule 5, all other claims will have virtual hearings. | ||
| 306 | (iv) Appointment of Merits Arbitrator. | ||
| 307 | Pursuant to MA Rule 7, the merits arbitrator will be appointed by the AAA following the procedure set forth in the Consumer Rules. | ||
| 308 | (v) Scheduling Order. | ||
| 309 | The parties will use their best efforts to submit a mutually agreed upon scheduling order to the arbitrator. | ||
| 310 | The arbitrator will schedule a preliminary hearing only if the parties are unable to agree on a schedule. | ||
| 311 | (vi) Motions and Discovery. | ||
| 312 | The AAA Consumer Arbitration Rules governing motions and discovery will apply. | ||
| 313 | (vii) Hearing Procedure. | ||
| 314 | Claims in a mass arbitration will be heard in stages regardless of whether the hearing is by document submission or virtual hearing and will proceed in batches as follows: (a) Initial Cases. | ||
| 315 | Within thirty (30) days of the AAA designating a mass filing, the Limited Service Neutral shall randomly select twenty (20) individual demands (the "Initial Cases"), to be filed with the arbitration provider and to proceed to arbitration. | ||
| 316 | Only the Initial Cases shall be filed with the AAA. | ||
| 317 | All other demands comprising the mass filing (the "Remaining Cases") shall be held in abeyance and shall not be filed, processed, administered, or adjudicated, and no filing fees, administrative fees, or arbitrator compensation shall be assessed or collected in connection with the Remaining Cases unless and until they are subsequently selected to proceed or are otherwise resolved. | ||
| 318 | Each matter will be heard individually by a separate AAA arbitrator appointed pursuant to the AAA’s regular consumer arbitration arbitrator appointment procedures. | ||
| 319 | Each will be decided on its own facts and will not be binding on any other claim in the mass filing. | ||
| 320 | (b) Remaining Claims Paused. | ||
| 321 | All Remaining Claims will be paused until the Initial Cases, including the mediation described in subparagraph (viii), below, are completed. | ||
| 322 | All statute of limitations will be tolled during the pause. | ||
| 323 | You may withdraw your claim from the Mass Filing at any time before your individual hearing begins and pursue it separately by providing notice of your intent to do so to your counsel who will then provide notice to ŌURA and the AAA. | ||
| 324 | (c) Remaining Cases. | ||
| 325 | If the Remaining Cases are not resolved through the mediation set forth in paragraph (viii) below, then the Limited Service Neutral will randomly select another group of 20 cases which will proceed pursuant to the procedure set forth above. | ||
| 326 | The parties may modify the number of cases by written agreement. | ||
| 327 | Groups will proceed one at a time, unless the parties agree otherwise in writing. | ||
| 328 | (viii) Mediation. | ||
| 329 | Within 45 days after the last of the Initial Cases has been decided (or otherwise resolved), both sides will participate in a mediation before a mutually agreed upon mediator to try to resolve the Remaining Claims. | ||
| 330 | The parties will split the mediator's fees. | ||
| 331 | Both sides must have an individual or individuals present with authority to settle all claims. | ||
| 332 | If mediation does not resolve all claims, then the Remaining Cases will proceed pursuant to the batching procedure described above. | ||
| 333 | (ix) Your Rights. | ||
| 334 | These mass arbitration procedures do not limit your right to seek any remedy available under this arbitration agreement and/or applicable law in your individual arbitration. | ||
| 335 | You always have the right to withdraw from the mass arbitration proceeding and file an individual arbitration demand with the AAA. 8. | ||
| 336 | Authority of Arbitrator Subject to paragraphs 2 and 6, above, the arbitrator may award any relief that a court of competent jurisdiction could award. 9. | ||
| 337 | Form of Award The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. | ||
| 338 | Judgment on the arbitration award may be entered in any court with proper jurisdiction. | ||
| 339 | Subject to paragraph 3(iv) above, the arbitrator may award any relief allowed by law or the AAA Rules. | ||
| 340 | All claims for declaratory or injunctive relief that are subject to arbitration may be resolved only on an individual basis and only to the extent necessary to provide relief warranted by a claimant’s individual claim. 10. | ||
| 341 | Arbitration Fees Each party will pay the arbitration fees and costs that it is required to pay under the applicable AAA Fee Schedule. 11. | ||
| 342 | Attorneys’ Fees Attorneys’ fees are governed by applicable law. | ||
| 343 | Each party will bear its own fees and costs unless the applicable law permits the prevailing party to recover attorneys’ fees. | ||
| 344 | If a party files a claim that the arbitrator deems to be frivolous or wholly without merit within the meaning of California Code of Civil Procedure section 128.7 or Federal Rule of Civil Procedure 11 then the arbitrator may, on the arbitrator’s own motion or upon the motion of a party, include an award of attorneys’ fees and costs to the prevailing party in the final award. 12. | ||
| 345 | Severability If a court or arbitrator finds any provision of this United States Mandatory Arbitration; Class Action Waiver provision to be unenforceable, then that provision(s) will be severed or modified as appropriate and the rest of the agreement will remain in full force and effect. | ||
| 346 | XVII. | ||
| 347 | Dispute Resolution, Venue, Forum, and Governing Law for Non-United States Residents If you reside or have your place of establishment outside of the United States, this Section applies to you and this Agreement will be interpreted in accordance with Finnish law. | ||
| 348 | The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. | ||
| 349 | If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Finnish law. | ||
| 350 | As an individual consumer, you may bring any judicial proceedings relating to this Agreement before the competent court of your place of residence or the competent court in Finland. | ||
| 351 | If Oura wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. | ||
| 352 | The English language shall govern all documents, notices, and interpretations of this Agreement. | ||
| 353 | If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Oura in the United States, the Arbitration Agreement and Class Action Waiver in Section XVI will apply for determination of the threshold issue of whether this Arbitration Agreement and Class Action Waiver apply to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. | ||
| 354 | XVIII. | ||
| 214 | This Agreement and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and ŌURA regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties. | 360 | These Terms and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and ŌURA regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties. |
| 362 | XIX. | ||
| 221 | You agree that ŌURA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. ŌURA TERMS OF DELIVERY Last Updated: March 4th, 2024 Canada and the UK ŌURA will deliver the Products under a Delivered Duty Paid (“DDP”) Incoterm. ŌURA is responsible for importing and delivering Products to the named place in the country of the buyer. ŌURA is responsible for paying all costs related to the import of the Products into the country of the buyer and will charge tax at the applicable rate based on the delivery address for the Products. ŌURA will issue a compliant tax invoice for any local indirect taxes due on the sale, as required under local law. | 368 | You agree that ŌURA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. |
| 369 | XX. ŌURA TERMS OF DELIVERY Last Updated: March 4, 2024 XXI. | ||
| 370 | Canada and the UK ŌURA will deliver the Products under a Delivered Duty Paid (“DDP”) Incoterm. ŌURA is responsible for importing and delivering Products to the named place in the country of the buyer. ŌURA is responsible for paying all costs related to the import of the Products into the country of the buyer and will charge tax at the applicable rate based on the delivery address for the Products. ŌURA will issue a compliant tax invoice for any local indirect taxes due on the sale, as required under local law. | ||
| 371 | XXII. | ||
| 373 | XXIII. | ||
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