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By accepting the agreement, users consent to Oura collecting and sharing usage information with third-party service providers for marketing and service improvement purposes, and consent to being contacted via phone, email, text, or other means including automated dialing and pre-recorded messages for telemarketing and service purposes.
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 bundles consent to marketing communications, including automated dialing and pre-recorded messages, into the general agreement acceptance flow. The agreement states that consent to marketing contact is not a condition of using Oura services and provides an opt-out mechanism, which partially addresses TCPA and FTC requirements for affirmative consent.
Interpretive note: The adequacy of bundled consent for automated telemarketing under TCPA and the sufficiency of this consent mechanism for EU users under GDPR depend on regulatory interpretation and jurisdiction-specific requirements.
Under this clause, accepting the agreement constitutes express consent to receive telemarketing calls and text messages using automated dialing technology and pre-recorded messages from Oura and its service providers at any contact information provided. The agreement states that this consent is not a condition of service, and users can request placement on a do-not-contact list or use the opt-out mechanism in any communication.
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"ŌURA may collect and process information regarding your usage of the Services. 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. By agreeing to the terms and conditions in this Agreement and providing your contact information to ŌURA, you give your express consent to allow ŌURA, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to ŌURA. Your consent means you agree to be contacted by ŌURA and its service providers via phone, email, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages.Excerpt from Oura's Terms of Service
1. REGULATORY LANDSCAPE: The Telephone Consumer Protection Act (TCPA) requires prior express written consent for automated telemarketing calls and text messages; the adequacy of consent obtained through bundled agreement acceptance (rather than a standalone consent mechanism) is an area of ongoing FCC and FTC scrutiny. The FTC's Telemarketing Sales Rule governs pre-recorded message telemarketing. GDPR Article 7 requires that consent for marketing communications be freely given, specific, informed, and unambiguous; bundled consent within general terms of service may not satisfy this standard for EU users. 2. GOVERNANCE EXPOSURE: Medium. The provision states that marketing contact consent is not a condition of service and provides an opt-out path, which reduces but does not eliminate TCPA exposure. The bundling of automated dialing consent within a general terms acceptance flow has been the basis for regulatory inquiry and private class actions under the TCPA. 3. JURISDICTION FLAGS: California residents have additional protections under the California Consumer Privacy Act regarding consent to data sharing for marketing purposes. EU users are subject to GDPR consent requirements for direct marketing. Canadian users are subject to Canada's Anti-Spam Legislation (CASL) for commercial electronic messages. 4. CONTRACT AND VENDOR IMPLICATIONS: The agreement identifies Narvar as a third-party provider for shipping notification text messages. Additional third-party service providers used for data sharing and marketing communications are not named in the agreement and are governed by the Privacy Policy, which is incorporated by reference. Vendor assessment of all marketing communications processors should be conducted. 5. COMPLIANCE CONSIDERATIONS: The consent mechanism for automated telemarketing contacts should be audited for TCPA compliance, specifically whether bundled acceptance constitutes adequate prior express written consent under current FCC rules. The do-not-contact list request process and opt-out confirmation workflow should be tested for compliance with applicable telemarketing regulations. Data mapping should document all third-party service providers receiving usage information for marketing purposes.
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This provision bundles consent to marketing communications, including automated dialing and pre-recorded messages, into the general agreement acceptance flow. The agreement states that consent to marketing contact is not a condition of using Oura services and provides an opt-out mechanism, which partially addresses TCPA and FTC requirements for affirmative consent.
Under this clause, accepting the agreement constitutes express consent to receive telemarketing calls and text messages using automated dialing technology and pre-recorded messages from Oura and its service providers at any contact information provided. The agreement states that this consent is not a condition of service, and users can request placement on a do-not-contact list or use the opt-out mechanism …
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