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The agreement excludes all liability for direct, indirect, consequential, incidental, special, and punitive damages arising from use of the services, and where liability cannot be fully excluded, caps Oura's total financial exposure at $100 per claim.
This analysis describes what Oura's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a $100 ceiling on all financial claims against Oura that survive the broader damages exclusion, covering a health-monitoring wearable that collects physiological and biometric data. The provision acknowledges that some jurisdictions do not permit full exclusion of implied warranties or statutory rights, and includes a residual $100 cap for such situations.
Interpretive note: Enforceability of the $100 cap varies by jurisdiction; EU, UK, and certain US state laws may limit or void this cap for specific categories of harm including personal injury or data breach statutory damages.
Under this clause, the agreement limits Oura's maximum financial liability to $100 for any claim that cannot be fully excluded under applicable law, regardless of the nature or extent of harm alleged, including personal injury and data loss. The provision explicitly states that this limitation applies even where Oura has been warned of the possibility of such damages.
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"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. 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.Excerpt from Oura's Terms of Service
1. REGULATORY LANDSCAPE: A $100 liability cap in a consumer health wearable context may warrant evaluation under the FTC Act's prohibition on unfair or deceptive practices, particularly where health-related features are promoted. GDPR Article 82 provides data subjects with a right to compensation for processing violations, and contractual caps on damages may not be fully enforceable against this right in EU jurisdictions. CCPA's private right of action for data breaches provides for statutory damages between $100 and $750 per consumer per incident, which may interact with this contractual cap. 2. GOVERNANCE EXPOSURE: High. The combination of a complete consequential damages waiver with a $100 residual cap is a significant limitation in a product category that collects biometric and physiological data and is marketed in connection with health and wellness outcomes. The provision covers personal injury claims, which in some jurisdictions cannot be contractually capped for consumer products. 3. JURISDICTION FLAGS: EU/EEA consumers retain statutory rights under GDPR and applicable consumer protection law that contractual limitations may not override. California consumers may have non-waivable rights under the CLRA or CCPA data breach provisions. UK consumer rights legislation (Consumer Rights Act 2015) limits the enforceability of liability exclusions for personal injury caused by negligence. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional or enterprise customers using Oura products in employee wellness programs or healthcare research contexts should note that this cap covers all claims including data loss and business interruption, which may be materially inadequate for organizational risk assessment purposes. A separate enterprise or research agreement may be necessary to address liability adequacy. 5. COMPLIANCE CONSIDERATIONS: Compliance teams in regulated industries (healthcare, insurance, financial services) deploying Oura for employee or patient programs should evaluate whether this cap is consistent with applicable data processor liability requirements under GDPR and HIPAA business associate frameworks. The provision's carve-out for jurisdictions that do not permit full exclusion should be documented in risk registers for EU and UK deployments.
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This provision establishes a $100 ceiling on all financial claims against Oura that survive the broader damages exclusion, covering a health-monitoring wearable that collects physiological and biometric data. The provision acknowledges that some jurisdictions do not permit full exclusion of implied warranties or statutory rights, and includes a residual $100 cap for such situations.
Under this clause, the agreement limits Oura's maximum financial liability to $100 for any claim that cannot be fully excluded under applicable law, regardless of the nature or extent of harm alleged, including personal injury and data loss. The provision explicitly states that this limitation applies even where Oura has been warned of the possibility of such damages.
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