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The agreement requires that all claims arising from use of the services or the agreement be filed within one year of the claim arising, after which the claim is barred, with this limitation explicitly not applying to EU residents.
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 shortens the limitations period for claims against Oura to one year for non-EU users, which is shorter than the default statutes of limitations in most US states for contract and tort claims. The provision is subject to a carve-out for claims where applicable law prohibits such shortening.
Interpretive note: Enforceability of contractually shortened limitations periods varies by jurisdiction and claim type; applicable state consumer protection statutes may limit or void this provision for certain categories of claims.
Under this clause, non-EU users who do not file a claim within one year of the event giving rise to the claim will be barred from pursuing that claim under the agreement's terms, subject to applicable law exceptions. EU residents are expressly excluded from this limitation.
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"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. This paragraph does not apply to users who reside in the European Union.Excerpt from Oura's Terms of Service
1. REGULATORY LANDSCAPE: Contractually shortened statutes of limitations in consumer contracts are evaluated under applicable state consumer protection laws; California courts have in some instances declined to enforce shortened limitations periods in consumer contracts where they conflict with the CLRA or other non-waivable statutes. The FTC may examine shortened limitations provisions as part of broader review of unfair contract terms. 2. GOVERNANCE EXPOSURE: Medium. The one-year limitations period applies to all claims, including those related to health data, product defects, and service failures, which may otherwise have longer statutory periods. The provision includes a carve-out for applicable law prohibitions, which partially mitigates but does not eliminate this exposure. 3. JURISDICTION FLAGS: California, New York, and other states have specific rules on contractual modification of statutes of limitations in consumer contracts. EU users are expressly carved out. The provision's enforceability will depend on applicable state law and the nature of the underlying claim. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional users deploying Oura in health research or employee wellness contexts should note that this shortened period applies to all contractual and tort claims, including those related to data loss or product malfunction, which may not align with institutional risk management timelines. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this provision is enforceable under applicable state law for each relevant user population, particularly California residents and users with health-related claims. The interplay between this provision and the mandatory arbitration clause (which delegates enforceability questions to the arbitrator) should be documented.
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This provision shortens the limitations period for claims against Oura to one year for non-EU users, which is shorter than the default statutes of limitations in most US states for contract and tort claims. The provision is subject to a carve-out for claims where applicable law prohibits such shortening.
Under this clause, non-EU users who do not file a claim within one year of the event giving rise to the claim will be barred from pursuing that claim under the agreement's terms, subject to applicable law exceptions. EU residents are expressly excluded from this limitation.
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