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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Compare across platforms →"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
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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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