Terms effective November 4, 2026, updated October 2, 2026
This page is dated as last updated October 2, 2026 with an effective date of November 4, 2026. The document is therefore the version stated to take effect on November 4, 2026; a separate link points to the previous terms, which are not part of this document.
Supporting quotations
Last Updated: October 2, 2026
Effective Date: November 4, 2026
Qualifications & exceptions
Effective date is later than the last-updated date
Not stated here
The previous terms linked at the top of the page were not supplied, so this analysis does not say what changed or which version applies before November 4, 2026
Legal Rights & Agreement Rules · Restriction or exception
Arbitration and class waiver for US claims, flagged up front
A notice at the top of the Terms of Use warns that Section XVI contains an arbitration agreement and class action waiver that apply to all claims brought against Oura in the United States, and asks you to read it carefully. Section XVI itself says the mandatory arbitration and class waiver provision applies if you reside in the United States, and says that a person outside the United States who brings a claim against Oura in the United States is also subject to Section XVI for threshold questions such as residency, arbitrability, venue and applicable law.
Supporting quotations
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. Please read it carefully.
IF YOU RESIDE IN THE UNITED STATES, THEN THIS MANDATORY ARBITRATION AND CLASS WAIVER PROVISION APPLIES TO YOU.
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.
Qualifications & exceptions
The up-front notice is a pointer; the operative terms, exemptions and opt-out limits are in Section XVI
For non-US residents, Section XVI is stated to decide threshold questions when a claim is brought in the United States
Not stated here
The up-front notice does not itself list the claims exempt from arbitration; those are in Section XVI
Legal Rights & Agreement Rules · Context
US residents contract with Ouraring Inc.; others with Oura Health Oy
The Agreement is between you (“Customer”) and Oura. If you are a resident of the United States, your contract is with Ouraring Inc.; if you are not a resident of the United States, your contract is with Oura Health Oy.
Supporting quotations
If you are a resident of the United States, then you are contracting with Ouraring Inc. If you are not a resident of the United States, then you are contracting with Oura Health Oy.
Qualifications & exceptions
Depends on whether you are a US resident
Not stated here
“Resident” is not defined in this passage
Legal Rights & Agreement Rules · Restriction or exception
Using the Services means accepting the Agreement and the Privacy Policy
By accessing or using the Services, including the Site and the Oura Apps, you expressly agree to be bound by the Agreement and by the Oura Health Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Services.
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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
which is incorporated herein by reference. If you do not agree to the Agreement, then you may not use the Services.
Qualifications & exceptions
Acceptance is by accessing or using, not only by signing up
Not stated here
The Privacy Policy text was not supplied with this document, so what it adds is not analyzed here
Legal Rights & Agreement Rules · Restriction or exception
A Research Agreement governs study participation and controls over these Terms in a conflict
Before enrolling you must review and electronically sign an informed consent form from the Research Sponsor. That form plus any other sponsor terms (the Research Agreement) govern your participation and bind you and the Research Sponsor. You acknowledge that features available as Paid Services or elsewhere in this Agreement may not be permitted by the Research Agreement, and if the Research Agreement and these Terms conflict, the Research Agreement controls.
Supporting quotations
You will also be required to review and electronically sign an informed consent form (“ICF”) provided by the Research Sponsor. The ICF, along with any other terms and conditions provided by the Research Sponsor (collectively, the “Research Agreement”) will govern your participation in the Study, and be binding between you and the Research Sponsor.
You acknowledge that features available as Paid Services or elsewhere in this Agreement may not be permitted by the Research Agreement. IN THE EVENT OF A CONFLICT BETWEEN THE RESEARCH AGREEMENT AND THIS AGREEMENT, THE RESEARCH AGREEMENT WILL CONTROL.
Qualifications & exceptions
Applies to participation in a Study through a Research App
The Research Agreement is between you and the Research Sponsor
Not stated here
The Research Agreement and ICF are not part of this document and were not supplied, so their terms are not analyzed
Cross-references
contrast (model-proposed): The Terms and Privacy Policy are the entire agreement, and the Terms prevail in a conflict — contrast: The Terms say they and the Privacy Policy are the complete agreement and that the Terms prevail over the Privacy Policy, while the Research Apps provisions say a Research Agreement with a Research Sponsor controls over the Terms in a conflict.
Legal Rights & Agreement Rules · Restriction or exception
You are solely responsible for lawful use of the Services
You are solely responsible and liable for your use of the Services, including understanding whether it is allowed by the Agreement, and for complying with all applicable laws relating to that use. You must use the Services only for lawful purposes and conduct any business through them in line with applicable federal and state laws, including laws on the offer and sale of securities, money laundering and counter-terrorism. The Agreement also bars using the Services in ways that violate any law, regulation or legal requirement.
Supporting quotations
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. You are further solely responsible for compliance with all applicable laws relating to your use of the Services.
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.
or that otherwise violates any law, regulation, or other legal requirement
Qualifications & exceptions
Responsibility covers direct and indirect use
Legal Rights & Agreement Rules · Procedure
Copyright infringement notices go to Oura’s Designated Agent with six required elements
Oura says it is its policy to expeditiously process and review notices of claimed copyright or other intellectual property infringement. Notices go to Oura’s Designated Agent at ip@ouraring.com and must contain: a signature of the owner or authorized person; a description of the work claimed to be infringed; a description of the allegedly infringing material and enough information to locate it; contact information; a statement of good faith belief that the use is not authorized; and a statement that the information is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.
Supporting quotations
ŌURA respects the intellectual property rights of others and it is our policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to the Designated Agent of ŌURA at
and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner;
(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Qualifications & exceptions
A notice “must contain all of the following” six elements
Not stated here
The text does not describe a counter-notice process or repeat-infringer policy
Legal Rights & Agreement Rules · Restriction or exception
Oura excludes liability for almost all damages arising from use of the Services, including personal injury
Oura, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners and licensors say they are not 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), associated content, other sites, or third-party services or products obtained through the Services. The list of excluded damages includes direct, indirect, special, incidental, consequential and punitive damages, personal injury, pain and suffering, emotional distress, loss of revenue, profits, business, data and goodwill, whether caused by negligence, breach of contract or otherwise, even if foreseeable or if Oura was warned of the possibility.
Supporting quotations
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
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
EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ŌURA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
Qualifications & exceptions
Covers use of, or inability to use, the Services
Applies whether the claim is in tort (including negligence), contract or otherwise
Subject to the carve-out for liability that cannot be excluded under applicable law
Legal Rights & Agreement Rules · Restriction or exception
Liability that cannot be excluded is capped at what you paid in the prior twelve months
The exclusions do not affect any liability that cannot be excluded or limited under applicable law. To the extent liability cannot be excluded or limited as set out above, Oura says it will not be liable for any claim, in contract, tort or any other theory, in excess of the amount paid to Oura in the prior twelve months.
Supporting quotations
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
Qualifications & exceptions
The cap is the amount paid to Oura in the prior 12 months
Not stated here
The sentence reads as a cap on liability that cannot be excluded; how it interacts with the limitation of liability for personal injury, or where applicable law does not allow a cap, is not stated
Legal Rights & Agreement Rules · Context
The limitations are described as fundamental to the agreement
Oura states that these limitations of liability and damages are fundamental elements of the agreement between you and Oura.
Supporting quotations
These limitations of liability and damages are fundamental elements of the agreement between you and Oura.
Legal Rights & Agreement Rules · Restriction or exception
You indemnify Oura for claims connected to your use, your account, breaches and violations of law
You agree to indemnify, hold harmless and defend Oura, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors and assigns against any action, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to your use of the Services (including anyone using your account or Credentials), breach of the Agreement by you or anyone using your account or Credentials, information used, stored or transmitted in connection with your account or Credentials, breach of third-party rights including privacy, publicity and intellectual property, or violation of any law, regulation or legal requirement.
Supporting quotations
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.
Qualifications & exceptions
Covers claims asserted by any person
Includes acts of anyone using your account or Credentials
Not stated here
The text does not limit indemnity to claims caused by your conduct for item (iii) (any information used, stored or transmitted in connection with your account)
Legal Rights & Agreement Rules · Restriction or exception
The Services are wellness and informational tools, not a medical device or medical advice, except Regulated Features
Except as expressly provided for Regulated Features, the Services are not a medical device and you expressly agree that they do not involve the provision of medical advice by Oura. They are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition, are for wellness and informational purposes only, and cannot replace physicians or medical professionals.
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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.
THE SERVICES ARE FOR WELLNESS AND INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.
Qualifications & exceptions
Exception: Regulated Features, defined later in the Precautions section
Legal Rights & Agreement Rules · Restriction or exception
The Services and their content should not replace your doctor, a consultation or product labeling
The Services, including all information, text, images, audio, video and other materials whether provided by Oura or third parties, are not intended to be and should not be used in place of the advice of your physician or other medical professionals, a visit, call or consultation with them, or information in any product packaging or label, including any user manual, instructions for use or indications for use provided for a Regulated Feature.
Supporting quotations
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.
Qualifications & exceptions
Applies to materials provided by Oura or by third parties
Legal Rights & Agreement Rules · Restriction or exception
Not for emergencies; do not delay medical advice or use the Services to diagnose or treat
Oura says to call or see your physician promptly with health questions and to call your physician or 911 immediately in an emergency. The Services, including any Regulated Feature, are not intended for emergency or life-threatening situations. You should never disregard medical advice or delay seeking it because of information in the Services and, except as provided for Regulated Features, should not use the Services for diagnosing or treating a health problem. Using the Services or communicating with Oura does not create a doctor-patient, therapist-patient or other healthcare professional relationship.
Supporting quotations
SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. THE SERVICES, INCLUDING ANY REGULATED FEATURE, ARE NOT INTENDED FOR USE IN EMERGENCY OR LIFE-THREATENING SITUATIONS.
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.
DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ŌURA.
Qualifications & exceptions
No emergency use, including for Regulated Features
Diagnosis and treatment exception only for Regulated Features as provided below
Legal Rights & Agreement Rules · Restriction or exception
Changing sleep or activity based on the Services is at your own risk
You should always consult a physician before making changes to your sleep or activity based on information from the Services, or if you have questions about a medical condition. Oura is not responsible for health problems that may result from information you learn through the Services, and if you change your sleep or activity based on the Services you agree you do so fully at your own risk. The information may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Supporting quotations
You should always consult a physician before making any changes to your sleep or activity based on information provided through the Services, or if you have any questions regarding a medical condition.
ŌURA is not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk.
The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Qualifications & exceptions
Oura’s disclaimer is subject to the carve-outs for liability that cannot be excluded and for medical-device law rights
Legal Rights & Agreement Rules · Context
Regulated Features: the Fertile Window is a medical device in some regions and availability can change
A limited number of features may be regulated as medical devices and are made available only where the applicable regulatory requirements have been met (Regulated Features). The Fertile Window feature within Cycle Insights is a Regulated Feature; in the European Union it is CE marked as a medical device under the Medical Device Regulation and the legal manufacturer is Oura Health Oy. Where each Regulated Feature is available is identified at support.ouraring.com, and availability may change at any time and in Oura’s sole discretion, including where required by law or a regulator. Where a Regulated Feature is not available to you, no medical device is provided to you.
Supporting quotations
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"). The Fertile Window feature within Cycle Insights is a Regulated Feature.
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
and availability may change at any time and in ŌURA's sole discretion, including where required by applicable law or regulatory authority. Where a Regulated Feature is not available to you, no medical device is provided to you.
Qualifications & exceptions
Available only in countries and regions where regulatory requirements have been met
Availability may change at any time in Oura’s sole discretion
Not stated here
Which countries and regions currently have each Regulated Feature is on a support page and not in this document
Legal Rights & Agreement Rules · Restriction or exception
Fertile Window: for adults as a fertility-monitoring aid, not for contraception
A Regulated Feature may be used only in accordance with its indications for use, intended purpose, contraindications, warnings and instructions in its user manual. The Fertile Window is intended to interpret physiological parameters as an aid in ovulation prediction to facilitate conception, as a personal fertility monitoring tool for adults with menstrual cycles, and is not intended for use by anyone under eighteen. It is not intended as contraception and must not be relied upon to prevent pregnancy; using it contrary to its indications may result in pregnancy. Oura does not offer contraception; contraceptive functionality is offered by Natural Cycles, an independent third party under its own terms and regulatory clearances, and Oura says it is not responsible for that application or your use of it.
Supporting quotations
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
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. The Fertile Window is not intended for use by individuals under eighteen (18) years of age.
THE FERTILE WINDOW IS NOT INTENDED FOR USE AS CONTRACEPTION AND MUST NOT BE RELIED UPON TO PREVENT PREGNANCY.
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.
Qualifications & exceptions
Intended for adults with menstrual cycles
Not for individuals under eighteen
The Natural Cycles application is governed by Natural Cycles’ own terms, which are not supplied
Legal Rights & Agreement Rules · Restriction or exception
Regulated Features give estimates that may be inaccurate; they do not replace a physician
You acknowledge that a Regulated Feature produces predictions and estimates from sensor data and physiological parameters, that its performance is subject to the limitations and accuracy specifications in its User Manual, and that results may be inaccurate or unavailable. Except for a Regulated Feature made available to you as a medical device, and then only within its 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. Even where a Regulated Feature is available, the Services do not provide medical advice and do not replace consultation with a physician or other qualified healthcare professional.
Supporting quotations
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.
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.
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.
Qualifications & exceptions
Medical-device status applies only within the Regulated Feature’s indications for use and where it is made available to you
Legal Rights & Agreement Rules · Restriction or exception
For a Regulated Feature the User Manual controls; your medical-device-law rights are preserved
If a Regulated Feature’s User Manual conflicts with the Precautions section, the User Manual controls for that Regulated Feature. Nothing in the Agreement limits any right or remedy available to you under laws applicable to medical devices.
Supporting quotations
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.
Nothing in this Agreement limits any right or remedy available to you under laws applicable to medical devices.
Qualifications & exceptions
User Manual priority applies only to the Regulated Feature concerned and to a conflict with the Precautions section
The preservation of medical-device-law rights applies to the whole Agreement, including the limitation of liability and warranty disclaimers
Not stated here
Which medical-device laws apply to a given user is not stated
Report a serious incident with a Regulated Feature to Oura and, in the EU, to the authority
If you experience a serious incident in connection with a Regulated Feature, you should report it to Oura 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.
Supporting quotations
If you experience a serious incident in connection with a Regulated Feature, you should report it to ŌURA at
and, if you are located in the European Union, to the competent authority of the Member State in which you are established.
Qualifications & exceptions
EU users are also pointed to their Member State authority
Not stated here
“Serious incident” is not defined in this passage
Legal Rights & Agreement Rules · Procedure
Wearing precautions: avoid snagging, remove the Product if your finger is irritated
Take care that the Product you are wearing does not get caught on fixed structures or heavy objects. If you experience redness or skin irritation on your finger while wearing the Product, remove it immediately, and if symptoms persist longer than two to three days of not using the Product, contact a medical professional.
Supporting quotations
Please be cautious that the Product you are wearing does not get caught on fixed structures or heavy objects. If you experience redness or skin irritation on your finger while wearing the Product, remove it immediately. If symptoms persist longer than 2-3 days of not using the Product, please contact a medical professional.
Legal Rights & Agreement Rules · Restriction or exception
The Product is not a toy, should not go in the mouth and is a choking hazard for children
The Product should not be placed in the mouth at any time. It is not a toy and is not intended for use by children. Children should not be left unattended with the Product, as it may pose a choking hazard.
Supporting quotations
Our Product should not be placed in the mouth at any time. Our Product at ŌURA is not a toy nor is it intended for use by children. Children should not be left unattended with this Product, as it may pose a choking hazard.
Legal Rights & Agreement Rules · Restriction or exception
A study’s Research Agreement may add precautions and controls in a conflict
If you participate in a Study through an Oura Research App, the Research Agreement may outline additional precautions, and if the Research terms conflict with the Precautions section the Research Agreement controls.
Supporting quotations
IF YOU PARTICIPATE IN A STUDY THROUGH AN OURA RESEARCH APP, THE RESEARCH AGREEMENT MAY OUTLINE ADDITIONAL PRECAUTIONS. TO THE EXTENT OF A CONFLICT BETWEEN RESEARCH TERMS AND THIS SECTION, THE RESEARCH AGREEMENT WILL CONTROL.
Qualifications & exceptions
Applies only to Study participants
Not stated here
The Research Agreement was not supplied
Legal Rights & Agreement Rules · Restriction or exception
Content owned by others is not Oura’s responsibility and carries no warranty
Any content not owned by Oura is owned by its respective owner and is provided by that owner without implying endorsement, affiliation or sponsorship. You acknowledge that Oura is not liable or responsible for any loss, injury, claim or damage of any kind from using third-party products, services or content, and Oura makes no representations or warranties about third-party products or content.
Supporting quotations
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.
Qualifications & exceptions
Applies to third-party products, services and content
Legal Rights & Agreement Rules · User right or choice
California users receive a consumer notice under Civil Code Section 1789.3; Ouraring, Inc. is the US provider
Oura says California users are entitled to a specific consumer rights notice under California Civil Code Section 1789.3. It identifies the provider of the Services in the United States as Ouraring, Inc., with its principal address at 415 Kearny Street, San Francisco, CA 94108, and gives support@ouraring.com and that address for inquiries or complaints.
Supporting quotations
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. For inquiries or complaints, you may contact us by email at support@ouraring.com or by writing to us at the address above.
Qualifications & exceptions
Applies to California users
Not stated here
The statute is cited by name only and is not supplied, so what it requires is not analyzed here
Legal Rights & Agreement Rules · Procedure
California complaints: contact Oura first, then the California Complaint Assistance Unit
For a complaint or more information about the service, contact Oura at the address or email above. 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.
Supporting quotations
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. 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.
Qualifications & exceptions
Applies to California users
Contacting the state unit is permitted if Oura does not resolve the matter
Legal Rights & Agreement Rules · Context
Listed sections survive termination, including arbitration, liability limits and payment obligations
These sections survive termination or expiration for any reason and keep applying 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, the United States arbitration and class action waiver section, the non-US dispute resolution section, Miscellaneous, and payment obligations for Fees incurred before termination or expiration.
Supporting quotations
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.
Qualifications & exceptions
Survival applies even if you stop using the Services
Not stated here
Other sections, such as Access and Use, Customer Responsibilities and Subscriptions, are not named as surviving
Legal Rights & Agreement Rules · Restriction or exception
US government users: the Services are Commercial Items licensed only on these terms
If you are a US federal government department or agency, or contract on behalf of one, the Services are Commercial Items consisting of Commercial Computer Software and Commercial Computer Software Documentation under the cited federal acquisition regulations, and the Service is licensed to you with only the rights provided under the Agreement. For a US federal government ordering activity, or an employee purchasing through a GSA Schedule contract as agent, the terms of this published Agreement and the Privacy Policy may differ.
Supporting quotations
If you are a U.S. federal government department or agency or are contracting on behalf of such department or agency, Services are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.
the Service is licensed to you with only those rights as provided under the terms and conditions of this Agreement. If you are a U.S. federal government ordering activity, or employee of such ordering activity purchasing through a GSA Schedule contract in your capacity as an agent for such ordering activity, the terms of this published Agreement and the Privacy Policy may differ.
Qualifications & exceptions
Applies to US federal government agencies and ordering activities
Not stated here
The federal regulations are cited by name only and are not supplied
The passage does not say how the terms may differ for GSA Schedule purchasers
Legal Rights & Agreement Rules · Restriction or exception
No export or re-export to prohibited destinations or persons
You will not directly or indirectly export or re-export the Services, or related technical information, to any destination or person prohibited or restricted by applicable law, including US export control laws and regulations and OFAC and EU sanctions regulations.
Supporting quotations
You will not directly or indirectly export or re-export the Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, all applicable U.S. export control laws and regulations, and OFAC and EU sanctions regulations.
Qualifications & exceptions
Includes, without limitation, US export controls, OFAC and EU sanctions
Legal Rights & Agreement Rules · Restriction or exception
California law governs, subject to the arbitration provision; the UN sales convention is excluded
Subject to the mandatory binding arbitration and class action waiver provision, any action related to the Agreement, the Services and your relationship with Oura is governed by California law without regard to conflict-of-law principles, and is specifically not governed by the United Nations Convention on Contracts for the International Sale of Goods. For arbitration itself, the parties agree the Federal Arbitration Act governs, with California law applying where the Act requires state substantive law.
Supporting quotations
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.
the parties agree the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement. To the extent the FAA requires application of state substantive law to any issue, then the law of the state of California shall apply.
Qualifications & exceptions
This heading sits under the Section XVI governing-law rules for United States residents; non-US residents are addressed in Section XVII
Arbitration is governed by the Federal Arbitration Act with California law where state law is required
Legal Rights & Agreement Rules · Restriction or exception
Claims exempt from arbitration go to San Francisco courts, which have exclusive jurisdiction
Any claim exempt from arbitration, as listed below, will be brought in the federal or state courts in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of those courts.
Supporting quotations
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.
Qualifications & exceptions
Applies to the exempt claims listed under “Claims Exempt from Arbitration”
Small claims court claims are allowed in the local small claims court under the exemption for such claims
Not stated here
The small-claims exemption refers to the “local small claims court”, which may not be in San Francisco; the text does not reconcile this with the exclusive San Francisco forum
Legal Rights & Agreement Rules · Restriction or exception
If you live in the US, all disputes go to binding individual arbitration with a class action and jury waiver
If you reside in the United States, the arbitration and class waiver provision applies to you. It requires resolving all disputes arising out of or relating to the Agreement, the Site, the Services and the Products through binding individual arbitration, and includes a class action and jury trial waiver. The Arbitration Agreement supersedes all prior versions. It applies if your country of residence or establishment is the United States.
Supporting quotations
IF YOU RESIDE IN THE UNITED STATES, THEN THIS MANDATORY ARBITRATION AND CLASS WAIVER PROVISION APPLIES TO YOU. 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. THIS PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
This Arbitration Agreement supersedes all prior versions.
This Arbitration Agreement and Class Action Waiver applies to you if your country of residence or establishment is the United States.
Qualifications & exceptions
Applies if your country of residence or establishment is the United States
Subject to the five categories of claims exempt from arbitration
Legal Rights & Agreement Rules · Restriction or exception
Outside the US, bringing a claim in the US triggers the arbitration clause for threshold questions
If your country of residence or establishment is not the United States and you nevertheless try to bring a legal claim against Oura in the United States, the arbitration agreement and class action waiver apply to decide the threshold issue of whether they apply to you and all other threshold determinations, including residency, arbitrability, venue and applicable law. Section XVII separately provides that if you reside or are established outside the United States, Finnish law applies, and as an individual consumer you may bring proceedings before the competent court of your place of residence or the competent court in Finland.
Supporting quotations
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.
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.
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.
Qualifications & exceptions
Applies to people whose residence or establishment is outside the United States who file a claim in the United States
Individual consumers outside the US keep the court options in Section XVII
Not stated here
How an arbitrator would apply the threshold determination to a consumer protected by mandatory local law is not stated
Legal Rights & Agreement Rules · Restriction or exception
“Dispute” is defined very broadly and includes validity and scope questions
You and Oura agree that any dispute, claim or controversy arising out of or relating to the Agreement, including its applicability, breach, termination, validity, enforcement or interpretation, or any use of the Site, the Services or the Products, whether based on contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence) or any other legal or equitable theory, regardless of when it accrued, will be resolved by binding individual arbitration. “Dispute” covers disputes between you and Oura including its current or former affiliates, parents, subsidiaries, and predecessor or successor entities, and is to be interpreted as broadly as the law permits. It includes disputes about the validity, enforceability or scope of this Section, other than the exempt claims, including disputes over compliance with the Pre-Dispute Notice requirement or who pays arbitration fees.
Supporting quotations
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.
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
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.
Qualifications & exceptions
Excludes the enumerated Claims Exempt from Arbitration
Covers claims regardless of when they accrued
Includes Oura’s affiliates and predecessors and successors
Legal Rights & Agreement Rules · Restriction or exception
Arbitration means giving up court, a judge or jury, and class or representative claims
Your agreement to resolve all Disputes through mandatory, binding arbitration means you are giving up your right to sue Oura in court and understand that your Dispute will not be resolved by a judge or a jury, and giving up your right to pursue a class action or other type of representative claim against Oura.
Supporting quotations
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.
Qualifications & exceptions
Subject to the claims exempt from arbitration
The class waiver is set out in more detail in the Class Action Waiver paragraph
Legal Rights & Agreement Rules · Restriction or exception
Five categories of claims are exempt from arbitration; everything else in the Dispute definition is arbitrated
The only Disputes not subject to mandatory binding arbitration are: (i) claims alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (ii) claims by you or Oura solely for emergency injunctive relief based on exigent circumstances, such as imminent danger or commission of a crime, hacking or cyber-attack, to stop unauthorized use or abuse of the Services or to stop an intellectual property violation; (iii) at either party’s election, claims that can be brought in the local small claims court under that court’s local rules; (iv) claims for public injunctive relief brought under California law; and (v) claims for vexatious litigation.
Supporting quotations
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.
(v) Any claim or cause of action for vexatious litigation.
Qualifications & exceptions
Intellectual property claims are exempt for either party, which means Oura’s own IP claims are also not arbitrated
Small claims court exemption applies at either party’s election
Emergency injunctive relief must be “solely” for that relief and based on exigent circumstances
Public injunctive relief claims are stayed until arbitration finishes, with limitation periods tolled
If a claim for public injunctive relief is pursued, you agree that all arbitrable claims will be resolved first and the public injunctive relief claim will remain stayed pending resolution of the arbitration. Statutes of limitation or repose that apply to the public injunctive relief claim remain tolled for the duration of the stay.
Supporting quotations
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. Any statutes of limitation or repose applicable to the claims for public injunctive relief will remain tolled for the duration of the stay.
Qualifications & exceptions
Applies only to public injunctive relief claims brought under California law
Legal Rights & Agreement Rules · Procedure
Both sides must send a written dispute notice at least 30 days before arbitration and try to settle
At least 30 days before a party starts an arbitration, you and Oura each agree to send the other an individualized written notice of the dispute (the Pre-Dispute Notice) and to attempt in good faith to negotiate an informal resolution of the individual claim. The party with the Dispute must follow the three-step notice, negotiation and filing procedure before filing a Demand for Arbitration with the American Arbitration Association. Disputes about compliance with the Pre-Dispute Notice requirement are themselves Disputes for the arbitrator.
Supporting quotations
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.
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”):
including any dispute over compliance with the Pre-Dispute Notice requirement or a party’s responsibility to pay arbitration fees
Qualifications & exceptions
Applies to both you and Oura
Notice must be individualized and in writing
Applies before any arbitration is initiated
Legal Rights & Agreement Rules · Procedure
Where to send your notice and what it must say; Oura emails its notice to your account address
If you raise the Dispute, you 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. It must contain your name, contact information, account or transaction details, purchase date, a description of your claim and the relief you seek. If Oura raises the Dispute, it sends a substantially similar notice to the email address associated with your account.
Supporting quotations
(i) The party with the Dispute will send a written Pre-Dispute Notice to the other party. 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.
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. If ŌURA is raising the Dispute, then it will send a substantially similar Pre-Dispute Notice to the email address associated with your account.
Qualifications & exceptions
Your notice goes to the named agent for service of process, not an email address
Oura’s notice goes to the email address associated with your account
Legal Rights & Agreement Rules · Procedure
After 30 days of negotiation either side may file with the AAA, and filing deadlines are paused
You and Oura negotiate in good faith for 30 days. If the Dispute is not resolved when the 30-day period ends, the party with the Dispute may file an Arbitration Demand with the AAA. Any applicable time limit for bringing a claim is paused from the date of receipt of the Notice of Dispute until the 30-day period expires, and the parties agree at the start of negotiations on the date the period expires.
Supporting quotations
(ii) You and we will negotiate in good faith for 30 days in an effort to resolve the Dispute.
(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.
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. The parties will agree on the date upon which the 30-day period will expire at the beginning of the negotiations.
Qualifications & exceptions
The pause runs from receipt of the Notice of Dispute until the 30-day period expires
Legal Rights & Agreement Rules · Procedure
Arbitration is filed with the AAA and governed by the Federal Arbitration Act
If informal resolution fails, either party may file a demand for arbitration with the AAA. The Arbitration Agreement evidences a transaction in commerce and the parties agree the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of it, with California law applying where the Act requires state substantive law.
Supporting quotations
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.
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.
Qualifications & exceptions
California substantive law applies only where the Federal Arbitration Act requires state law
Legal Rights & Agreement Rules · Procedure
The AAA Consumer Rules apply; claims of $50,000 or less are decided on documents unless the arbitrator holds a hearing
The arbitration is administered by the AAA under its then-current Consumer Arbitration Rules. If the amount in controversy of any claim or counterclaim is $50,000 or less, it is resolved by submission of documents under the AAA procedures for document submission, though the arbitrator has discretion to hold a hearing in response to a reasonable and proportionate request from a party.
Supporting quotations
The arbitration will be administered by the AAA in accordance with its then-current Consumer Arbitration Rules which are available at
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.
Qualifications & exceptions
The rules are the AAA’s “then-current” Consumer Arbitration Rules
A hearing is at the arbitrator’s discretion on a reasonable and proportionate request
Not stated here
The AAA rules are linked but not supplied, so their content is not analyzed
Cross-references
contrast (model-proposed): Mass arbitration: claims up to $50,000 on documents, others at virtual hearings — contrast: Ordinary arbitrations of $50,000 or less are decided on documents but the arbitrator may hold a hearing on a reasonable request; the mass arbitration paragraph says claims up to $50,000 are decided on documents only, without stating that discretion.
Legal Rights & Agreement Rules · Procedure
Hearings up to $250,000 are by video; larger ones are held in San Francisco County
Any required arbitration hearing where the amount in controversy does not exceed $250,000 is conducted remotely by video conference, and any required hearing where it exceeds $250,000 is conducted in San Francisco County, in each case unless the parties agree otherwise or the arbitrator orders otherwise.
Supporting quotations
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. 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.
Qualifications & exceptions
Threshold is amount in controversy of $250,000
Parties or the arbitrator can change location
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only; an unenforceable waiver is severed and those claims go to court
Arbitration is conducted only on an individual basis, not as a class or representative action. Unless Oura and you agree in writing, the arbitrator may not consolidate more than one party’s claims or preside over any class or representative proceeding. If a court or arbitrator decides applicable law prevents enforcing the waiver for a claim or requested remedy, only that claim or remedy is severed from the agreement to arbitrate and brought in a court of competent jurisdiction, and the claims or remedies that are not subject to arbitration are stayed until all arbitrable claims and remedies are finally resolved.
Supporting quotations
You and Ōura agree that arbitration will be conducted only on an individual basis and not as a class or representative action. 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.
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.
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.
Qualifications & exceptions
Consolidation requires written agreement by both sides
Severance is limited to the claim or remedy the waiver cannot be enforced against
Legal Rights & Agreement Rules · Procedure
Mass arbitration procedures apply to 25 or more similar demands from claimants sharing a lawyer
The 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. All such arbitrations are administered by the AAA under its Consumer Arbitration Rules and its Mass Arbitration Supplementary Rules, and the parties agree to the specific processes under AAA MA Rule 1(d).
Supporting quotations
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.
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”)
Qualifications & exceptions
Applies when 25 or more demands raise the same or substantially similar claims
Requires a shared lawyer or lawyers working together
Not stated here
The AAA Mass Arbitration Supplementary Rules are not supplied
Legal Rights & Agreement Rules · Procedure
A Limited Service Neutral randomly picks the batches of 20 demands; other gaps go to the merits arbitrators
The AAA appoints a Limited Service Neutral solely to randomly select the initial and subsequent batches of twenty demands. The parties may agree in writing to have the neutral perform additional tasks, and any process not addressed in the mass arbitration paragraph is addressed by the merits arbitrators.
Supporting quotations
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
The parties may agree in writing to have the Limited Service Neutral perform additional tasks. The parties further agree that any process or procedure that is not addressed in this paragraph 7 will be addressed by the merits arbitrators.
Qualifications & exceptions
Batches are of 20 demands
Additional neutral tasks require written agreement
Not stated here
What happens to demands outside the first batches is described in the following mass arbitration provisions
Legal Rights & Agreement Rules · Procedure
Mass arbitration: claims up to $50,000 on documents, others at virtual hearings
In mass arbitrations, all claims that do not exceed $50,000 are resolved on the submission of documents only, and under MA Rule 5 all other claims have virtual hearings. The merits arbitrator is appointed by the AAA under MA Rule 7, following the procedure in the Consumer Rules.
Supporting quotations
All claims that do not exceed $50,000 will be resolved based on the submission of documents only. Pursuant to MA Rule 5, all other claims will have virtual hearings.
Pursuant to MA Rule 7, the merits arbitrator will be appointed by the AAA following the procedure set forth in the Consumer Rules.
Qualifications & exceptions
Document-only resolution for claims up to $50,000
Virtual hearings for larger claims
Not stated here
The ordinary arbitration rule leaves a hearing to the arbitrator’s discretion for $50,000 or less; this mass arbitration paragraph says documents only without that discretion
Legal Rights & Agreement Rules · Procedure
Mass arbitration scheduling and discovery follow agreed schedules and the AAA Consumer Rules
In a mass arbitration the parties use best efforts to submit a mutually agreed scheduling order to the arbitrator, who schedules a preliminary hearing only if they cannot agree. The AAA Consumer Arbitration Rules governing motions and discovery apply.
Supporting quotations
The parties will use their best efforts to submit a mutually agreed upon scheduling order to the arbitrator. The arbitrator will schedule a preliminary hearing only if the parties are unable to agree on a schedule.
The AAA Consumer Arbitration Rules governing motions and discovery will apply.
Not stated here
The AAA Consumer Arbitration Rules are not supplied
Legal Rights & Agreement Rules · Procedure
Only 20 randomly chosen Initial Cases are filed; the rest are held in abeyance with no fees
Mass-filed claims are heard in stages and proceed in batches. Within thirty days of the AAA designating a mass filing, the Limited Service Neutral randomly selects twenty individual demands (the Initial Cases) to be filed with the AAA and proceed. Only the Initial Cases are filed. All other demands (the Remaining Cases) are held in abeyance and are not filed, processed, administered or adjudicated, and no filing fees, administrative fees or arbitrator compensation are assessed or collected for them unless and until they are selected to proceed or otherwise resolved. Each matter is heard individually by a separate AAA arbitrator appointed under the regular consumer procedures, is decided on its own facts, and does not bind any other claim in the mass filing.
Supporting quotations
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:
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. Only the Initial Cases shall be filed with the AAA.
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.
Each matter will be heard individually by a separate AAA arbitrator appointed pursuant to the AAA’s regular consumer arbitration arbitrator appointment procedures. Each will be decided on its own facts and will not be binding on any other claim in the mass filing.
Qualifications & exceptions
Applies only to mass filings under the mass arbitration procedures
Remaining Cases are not filed with the AAA unless selected
Legal Rights & Agreement Rules · User right or choice
Remaining claims are paused with limitation periods tolled; you may withdraw before your hearing begins
All Remaining Claims are paused until the Initial Cases, including the mediation, are completed, and all statutes of limitation are tolled during the pause. You may withdraw your claim from the mass filing at any time before your individual hearing begins and pursue it separately by giving notice of your intent to your counsel, who then notifies Oura and the AAA. A later paragraph says you always have the right to withdraw from the mass arbitration and file an individual arbitration demand with the AAA, and that the procedures do not limit your right to seek any remedy available in your individual arbitration.
Supporting quotations
All Remaining Claims will be paused until the Initial Cases, including the mediation described in subparagraph (viii), below, are completed. All statute of limitations will be tolled during the pause.
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.
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. You always have the right to withdraw from the mass arbitration proceeding and file an individual arbitration demand with the AAA.
Qualifications & exceptions
Notice of withdrawal is given through your counsel
Limitation periods are tolled during the pause
Not stated here
One paragraph limits withdrawal to “any time before your individual hearing begins” and another says you “always” may withdraw; the text does not say whether the first limit applies to the second
Legal Rights & Agreement Rules · Procedure
Further batches of 20 proceed one group at a time unless the parties agree otherwise
If the Remaining Cases are not resolved through mediation, the Limited Service Neutral randomly selects another group of twenty cases to proceed under the same procedure. The parties may modify the number of cases by written agreement, and groups proceed one at a time unless the parties agree otherwise in writing.
Supporting quotations
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. The parties may modify the number of cases by written agreement. Groups will proceed one at a time, unless the parties agree otherwise in writing.
Qualifications & exceptions
Changes to the batch size or sequencing require written agreement
Legal Rights & Agreement Rules · Procedure
Mediation follows the Initial Cases, with fees split between the sides
Within 45 days after the last of the Initial Cases is decided or otherwise resolved, both sides participate in a mediation before a mutually agreed mediator to try to resolve the Remaining Claims. The parties split the mediator’s fees, and both sides must have an individual or individuals present with authority to settle all claims. If mediation does not resolve all claims, the Remaining Cases proceed under the batching procedure.
Supporting quotations
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. The parties will split the mediator's fees.
Both sides must have an individual or individuals present with authority to settle all claims. If mediation does not resolve all claims, then the Remaining Cases will proceed pursuant to the batching procedure described above.
Qualifications & exceptions
Mediator fees are split between the parties
Legal Rights & Agreement Rules · Permission or license
The arbitrator can award any relief a court could, subject to the exemptions and class waiver
Subject to the provisions on disputes subject to arbitration and the class action waiver, the arbitrator may award any relief that a court of competent jurisdiction could award.
Supporting quotations
Subject to paragraphs 2 and 6, above, the arbitrator may award any relief that a court of competent jurisdiction could award.
Qualifications & exceptions
Paragraph 2 is “Disputes Subject to Arbitration” and paragraph 6 is “Class Action Waiver”
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator issues a written decision; declaratory and injunctive relief is individual only
The arbitrator issues a written decision including the essential findings and conclusions, and judgment on the award may be entered in any court with proper jurisdiction. Subject to the exemption for public injunctive relief, the arbitrator may award any relief allowed by law or the AAA Rules. 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.
Supporting quotations
The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction.
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.
Qualifications & exceptions
“Subject to paragraph 3(iv)”, the exemption for public injunctive relief under California law
Legal Rights & Agreement Rules · Procedure
Each party pays the arbitration fees the AAA Fee Schedule requires of it
Each party pays the arbitration fees and costs that it is required to pay under the applicable AAA Fee Schedule.
Supporting quotations
Each party will pay the arbitration fees and costs that it is required to pay under the applicable AAA Fee Schedule.
Not stated here
The AAA Fee Schedule is not supplied, so the amounts and who pays what are not analyzed here
Legal Rights & Agreement Rules · Restriction or exception
Each side bears its own attorneys’ fees unless law allows recovery or a claim is frivolous
Attorneys’ fees are governed by applicable law. Each party bears its own fees and costs unless applicable law permits the prevailing party to recover attorneys’ fees. If a party files a claim the arbitrator deems frivolous or wholly without merit within the meaning of California Code of Civil Procedure section 128.7 or Federal Rule of Civil Procedure 11, the arbitrator may, on their own motion or a party’s motion, award attorneys’ fees and costs to the prevailing party in the final award.
Supporting quotations
Attorneys’ fees are governed by applicable law. Each party will bear its own fees and costs unless the applicable law permits the prevailing party to recover attorneys’ fees.
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.
Qualifications & exceptions
Frivolous-claim fee award is discretionary (“may”)
Applies to a claim by any party
Not stated here
The cited California and federal rules are not supplied
Legal Rights & Agreement Rules · Restriction or exception
If part of the arbitration clause is unenforceable it is severed and the rest stays in force
If a court or arbitrator finds any provision of the United States Mandatory Arbitration and Class Action Waiver provision unenforceable, that provision is severed or modified as appropriate and the rest of the agreement remains in full force and effect.
Supporting quotations
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.
Qualifications & exceptions
Applies to the arbitration and class waiver provision
Specific class-waiver severance is described in the Class Action Waiver paragraph
Legal Rights & Agreement Rules · Restriction or exception
Outside the US, Finnish law applies and mandatory local consumer protections still apply
If you reside or have your place of establishment outside the United States, Section XVII applies and the Agreement is interpreted under Finnish law, with the UN sales convention (CISG) excluded. If you act as an individual consumer and mandatory consumer protection rules in your country of residence are more beneficial to you, those rules apply regardless of the choice of Finnish law. By contrast, Section XVI applies California law to United States residents.
Supporting quotations
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. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
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.
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
Qualifications & exceptions
Applies to people residing or established outside the United States
More beneficial mandatory consumer protections apply only to individual consumers
Not stated here
The text does not say which law governs a person who is a US resident but travels or lives abroad, beyond the residence-or-establishment test
Legal Rights & Agreement Rules · User right or choice
Non-US consumers can sue in their home court or Finland; Oura can enforce only where you live
As an individual consumer outside the United States you may bring any judicial proceedings relating to the Agreement before the competent court of your place of residence or the competent court in Finland. If Oura wishes to enforce any of its rights against you as a consumer, it may do so only in the courts of the jurisdiction in which you are a resident.
Supporting quotations
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. 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.
Qualifications & exceptions
Applies to individual consumers outside the United States
Oura’s enforcement is limited to the courts where you reside
Cross-references
contrast (model-proposed): Claims exempt from arbitration go to San Francisco courts, which have exclusive jurisdiction — contrast: Claims exempt from arbitration for United States residents go to the exclusive jurisdiction of San Francisco courts, while individual consumers outside the United States may sue in their home court or Finland and Oura may enforce only where they reside.
Legal Rights & Agreement Rules · Restriction or exception
English controls: documents, notices and interpretation of the Agreement
The English language governs all documents, notices and interpretations of the Agreement.
Supporting quotations
The English language shall govern all documents, notices, and interpretations of this Agreement.
Qualifications & exceptions
Appears in the non-US dispute resolution section; the final section adds that English controls over translations unless local law requires otherwise
Legal Rights & Agreement Rules · Restriction or exception
If you bring a non-US claim in the US, the US arbitration terms decide threshold questions
If your country of residence or establishment is not the United States and you nevertheless try to bring a legal claim against Oura in the United States, the Arbitration Agreement and Class Action Waiver in Section XVI apply to decide the threshold issue of whether they apply to you and all other threshold determinations, including residency, arbitrability, venue and applicable law.
Supporting quotations
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.
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
Qualifications & exceptions
Applies only to claims brought in the United States by someone outside it
Legal Rights & Agreement Rules · Restriction or exception
Waivers must be written and do not carry over to other terms
No waiver of any term, by conduct or otherwise, in one or more instances is a waiver of any other term, whether or not similar, or a continuing waiver. No waiver binds unless executed in writing by the party making it.
Supporting quotations
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof.
No waiver shall be binding unless executed in writing by the party making the waiver.
Qualifications & exceptions
Applies to both parties’ waivers
Legal Rights & Agreement Rules · Restriction or exception
You cannot assign the Agreement
You may not assign the Agreement to any other party and any attempt to do so is void.
Supporting quotations
You may not assign this Agreement to any other party and any attempt to do so is void.
Qualifications & exceptions
Restriction is on you; nothing in this sentence restricts Oura’s assignment
Legal Rights & Agreement Rules · Restriction or exception
Unenforceable provisions are enforced as far as possible and the rest stays effective
If any provision of the Agreement is determined to be illegal or unenforceable, it will be enforced to the maximum extent possible and the other provisions remain fully effective and enforceable.
Supporting quotations
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.
Qualifications & exceptions
The arbitration section has its own severability paragraph
Legal Rights & Agreement Rules · Restriction or exception
The Terms and Privacy Policy are the entire agreement, and the Terms prevail in a conflict
These Terms and the Privacy Policy together are the complete and exclusive statement of the agreement between you and Oura regarding the Services and supersede all prior or contemporaneous communications, representations, statements and understandings, oral or written. If the Agreement and the Privacy Policy conflict, the Agreement prevails.
Supporting quotations
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.
In case of any conflict between the terms of this Agreement and the terms of the Privacy Policy, the terms of this Agreement shall prevail.
Qualifications & exceptions
Entire agreement covers these Terms and the Privacy Policy regarding the Services
The Agreement prevails over the Privacy Policy in a conflict
Not stated here
The Privacy Policy was not supplied, so which of its terms might conflict is not analyzed
A Research Agreement may control over these Terms in a study; see the Research Apps provisions
Legal Rights & Agreement Rules · Permission or license
Oura can update the Terms and Privacy Policy by posting; continued use means you accept
Oura may update the Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless Oura indicates otherwise, changes take effect prospectively from the date of posting. Oura will notify you of any material changes to the Agreement or Services. By continuing to access or use the Services after notice of a modification you agree to be bound by the modified Agreement, and if it is not acceptable your only recourse is to stop using the Services.
Supporting quotations
ŌURA reserves the right to update this Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by ŌURA, any changes will become effective on a prospective basis from the date of posting.
ŌURA will notify you of any material changes to this Agreement or Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services.
Qualifications & exceptions
Changes are prospective from posting unless Oura indicates otherwise
Notice is promised for material changes only
Continued use after notice is acceptance
Not stated here
How notice is given is not stated
Legal Rights & Agreement Rules · Context
Terms of Delivery carry their own “Last Updated: March 4, 2024” date
The Terms of Delivery section is dated March 4, 2024, which is earlier than the October 2, 2026 last-updated date and the November 4, 2026 effective date at the top of the document.
Supporting quotations
Last Updated: March 4, 2024
Not stated here
The text does not explain why the delivery section carries an earlier date than the rest of the Terms
Legal Rights & Agreement Rules · Restriction or exception
The English version controls over translations unless local law requires otherwise
If the English version and a translation in another language conflict, the English version controls, unless and except as required by applicable local law.
Supporting quotations
In the case of any conflict between the English language version and translations in other languages, the English language will control, unless and except as required by applicable local law.
Qualifications & exceptions
Local law can override the English-controls rule
Legal Rights & Agreement Rules · Restriction or exception
Services are provided as is and as available, with warranties disclaimed
Except as expressly provided in the section on Regulated Features, the Services are provided “as is with all faults” and “as available” without warranty of any kind. Oura, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners and licensors disclaim all express and implied warranties and conditions for the Services, including implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. No oral or written information or advice from Oura or an authorized representative creates a warranty.
Supporting quotations
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
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.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ŌURA OR AN ŌURA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.
Qualifications & exceptions
Exception for Regulated Features and for the separate limited Product warranty
Some jurisdictions do not allow exclusion of implied warranties, so the exclusion may not apply to you
Not stated here
The Terms refer to a section titled “Precautions with Respect to Regulated Features”; the section in this document is headed “XI. Precautions” and contains a paragraph on Regulated Features, so the reference is to that material by a title that does not match the heading exactly
Legal Rights & Agreement Rules · Restriction or exception
Oura does not promise the Services will be uninterrupted, error-free or fit your needs
Oura does not warrant that the Services will be free from interference with your enjoyment, that content will be available, that the functions will meet your requirements or be fit for a particular purpose, that the Services will be free of viruses or harmful components, that provision will be uninterrupted or error-free, that defects will be corrected, that the Services will continue for any specific period, or that the functions will work with other mobile apps or hardware or within a system.
Supporting quotations
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.
Qualifications & exceptions
The list applies to the Services, subject to the Regulated Features exception and the limited Product warranty
Legal Rights & Agreement Rules · Restriction or exception
Warranty exclusions may not apply where consumer or medical-device law forbids them
The disclaimer acknowledges that some jurisdictions do not allow the exclusion of implied warranties or limits on a consumer’s statutory rights, so the exclusion may not apply to you. Nothing in the section excludes, limits or modifies any conformity, performance, safety or other obligation that cannot be excluded under laws applicable to medical devices, including for any Regulated Feature, and the disclaimers do not purport to disclaim that a Regulated Feature performs in accordance with its indications for use, intended purpose and performance specifications in its user manual.
Supporting quotations
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.
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.
Qualifications & exceptions
Depends on the law that applies to you
Regulated Features are the Fertile Window feature and any others identified in the Precautions section
Not stated here
Which jurisdictions allow or disallow the exclusion is not stated
Legal Rights & Agreement Rules · Restriction or exception
Warranties are disclaimed for Research Apps and studies unless a Research Agreement says otherwise
Oura disclaims the listed warranties for Oura Research Apps and any Study conducted through them, unless expressly set forth in a Research Agreement.
Supporting quotations
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.
Qualifications & exceptions
A Research Agreement can expressly provide a warranty
Not stated here
The Research Agreement was not supplied
Legal Rights & Agreement Rules · Company commitment
Limited Product warranty: one year for new, 90 days for refurbished, original purchaser
Notwithstanding the disclaimer, Oura warrants to the original end user purchaser that new Products are free from material defects in material and workmanship for one year from delivery, and refurbished Products for ninety days from delivery. If local law at the time of purchase requires a longer warranty period, the warranty is extended to the extent the law requires.
Supporting quotations
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.
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.
Legal Rights & Agreement Rules · Company commitment
Warranty remedy is repair or replacement; you pay shipping and replacements may be refurbished
During the warranty period Oura will repair, and if repair is not feasible replace at no charge, components of the Product that fail. You are responsible for related shipping charges, and replacement products or components may be new or refurbished at Oura’s discretion.
Supporting quotations
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. You shall be responsible for any related shipping charges. Replacement products or components may be new or refurbished at our discretion.
Qualifications & exceptions
Replacement only where repair is not feasible
Shipping charges are yours
Legal Rights & Agreement Rules · Restriction or exception
The limited warranty does not cover wear, misuse, unauthorized service or use with other software
The limited warranty does not apply to normal wear and tear including scratches and dents; consumable parts such as batteries, unless damage occurred due to a defect in materials or workmanship; damage from not using the Product per the instructions; damage from accident, flood, fire, misuse or abuse; damage from service or tampering by anyone not authorized by Oura; or use of the Product with any application or software other than the Oura App(s).
Supporting quotations
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).
Qualifications & exceptions
Battery exception does not apply if the damage is due to a defect in materials or workmanship
Not stated here
“Use of the Product with any application or software other than the Oura App(s)” is not defined further, so how it applies to third-party apps connected to Oura data is not clear
Legal Rights & Agreement Rules · Restriction or exception
Oura chooses repair, replacement or refund; those are your sole and exclusive warranty remedies
Oura keeps the exclusive right to repair or replace the Product or offer a full refund, and in its sole discretion may require the original end user to provide original purchase information. Repair, replacement or refund, in Oura’s sole discretion, are your sole and exclusive remedies for any breach of the limited warranty.
Supporting quotations
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. Repair, replacement or refund, in ŌURA’s sole discretion, are your sole and exclusive remedies for any breach of this limited warranty.
Qualifications & exceptions
Oura, not you, picks among repair, replacement and refund
Legal Rights & Agreement Rules · Company commitment
Repaired or replaced Products get a new warranty period of at least 90 or 45 days
Warranty repairs and replacements for new Products have a new warranty that is the longer of ninety days or the balance of the original one-year warranty. For refurbished Products it is the longer of forty-five days or the balance of the original ninety-day warranty. Oura keeps discretion to repair or replace any Product distributed as part of a Study.
Supporting quotations
Warranty repairs and replacements for new Products have a new warranty which is the longer of ninety (90) days or the balance of the original one (1) year warranty. Warranty repairs and replacements for refurbished Products have a new warranty which is the longer of forty-five (45) days or the balance of the original ninety (90) day warranty.
ŌURA retains the discretion to repair or replace any Product distributed as a part of a Study.
Qualifications & exceptions
Longer of the stated minimum or the balance of the original warranty