1. Access and Use

Oura grants you a limited license to access the Site subject to this Agreement. If you choose to subscribe to and use the Oura App, Oura further grants you a license to access and use the Services, subject to and conditioned upon your compliance with this Agreement, the Privacy Policy, and any other rules and requirements communicated to you by Oura, including your payment of any applicable fees. You acknowledge and agree that Oura may modify, update, and otherwise change the Services at any time and in its sole discretion.

You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement on your behalf or on behalf of any party you represent. You alone are responsible for your activities and interaction with the Services.

You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any third party to:

• Copy, modify, or create derivative works of the Services, in whole or in part.
• Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Oura App component of the Services.
• Use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that otherwise violates any law, regulation, or other legal requirement.
• Use the Services to introduce, execute, or attempt to execute malicious code, including but not limited to viruses, worms, Trojan horses, or any other harmful software.
• Engage in activities that exploit or attempt to exploit the Services through security vulnerabilities, including injection attacks, buffer overflows, or session hijacking.
• Attempt to probe, scan, or test the vulnerability of any Oura system or network or to breach security or authentication measures without express authorization.
• Use automated systems or software (including bots, scrapers, or crawlers) to access the Services in a manner that sends more request messages to Oura servers than a human can reasonably produce in the same period, unless expressly permitted by Oura.

Purchases are intended for you as the end user only and are not authorized for resale, without the express authorization of Oura. We reserve the right to refuse or cancel your order if we suspect you are purchasing Services for resale.

You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including equipment malfunctions, periodic maintenance procedures or repairs, or causes beyond the control of Oura.

Oura may temporarily suspend or terminate access to the Services for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate this Agreement or the Privacy Policy.

2. Customer Responsibilities

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 alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Oura App, internet access, security software, backup devices or services, and any other requirements. Oura shall have no responsibility to provide any additional software or hardware, and shall have no responsibility for any data loss or other damage suffered in connection with your use of the Services.

You are responsible for ensuring Oura has accurate and current information for your customer account, including current contact and payment information, and for regularly reviewing the associated customer email account for any communications from Oura.

If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure ("Credentials"), you must treat such information as confidential and must not disclose Credentials to any other person or entity. You shall notify Oura immediately of any unauthorized access to or use of your Credentials or any other breach of security.

3. Payment and Fees

Paid Services include the Services, which may be one-time purchases or automatically renewing subscription services ("Paid Services"). Oura reserves the sole discretion to determine which Services or portions thereof require payment.

You agree to pay all applicable fees for Paid Services including any monthly subscription fees, user fees, and offering fees, and any other fees, charges, or costs that you agree to purchase as part of the Paid Services during the checkout process ("Fees"). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of this Agreement.

You authorize Oura to charge your designated payment method for Paid Services. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. Billing amounts may vary due to changes in applicable taxes or currency exchange rates.

Refunds will not be issued unless required by law. Individual discounts may not be combined or stacked with any other discount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.

Paid Services may include pre-ordered Products that will be produced for you in the future ("Pre-Order"). You will be charged a Pre-Order fee when placing your Pre-Order. There is no shipping date guarantee for Pre-Orders.

4. Subscriptions

You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, click on the "Cancel Account" button from your account screen or contact our team by visiting support.ouraringr.com and submitting a ticket. Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Subscription Term.

When you cancel a Subscription, you cancel only future charges for your Subscription. You will continue to have full access to that Subscription until the end of that current Subscription Term.

If you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days (the "Cooling-Off Period"), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period.

In the event that you have not logged in or otherwise used the Services for six (6) months or longer following purchase or receipt of a Product during a free trial, we reserve the right to terminate your subscription, cancel any pending purchase(s), and refund you the purchase price of the Product only. You will not be entitled to a refund for the value of the Subscription during the free trial.

Oura reserves the right to adjust the Fees for our Paid Services at any time. In the event of such a change, Oura will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change.

5. Data and Communications

Oura may collect and process information regarding your usage of the Services. You consent to the collection and use of such information by Oura, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Oura is treated in accordance with the Privacy Policy available at ouraringr.com/privacy-policy.

You are responsible for any charges that may be billed to you by your service provider(s) when we contact you. Your consent to the foregoing is not a condition of using Oura Services, and if you do not wish to consent, you may contact us and request to be placed on a do not contact list, or you may opt out at any time using the opt-out mechanism provided in any such communications.

6. Intellectual Property Rights

Oura, and OURA are trademarks of Oura Health Oy. Oura Content, Oura Products, Oura features and Services, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. All rights reserved.

You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Services ("Trademarks"). Under no circumstances may you use or copy any of the Trademarks without express written permission from Oura.

All content provided in association with the Services, including but not limited to the Site, the Product, the Oura App, all text, graphics, user interfaces, visual interfaces, photographs, images/video, audio, data, communications programs, executable code, and computer code (collectively, "Content") are exclusively owned, controlled, or licensed by or to Oura and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Oura.

If you provide any communications or materials to Oura suggesting or recommending changes to the Services, including new features or functionality ("Feedback"), Oura is free to use such Feedback irrespective of any other obligation or limitation between the Parties. Oura is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback.

Oura respects the intellectual property rights of others. Any notices of claimed infringement should be sent to the Designated Agent of Oura at ip@ouraringr.com, and must contain: (i) a signature of the copyright owner or authorized person; (ii) a description of the copyrighted work claimed to be infringed; (iii) a description of the infringing material and information sufficient to locate it; (iv) contact information including address, telephone number, and email address; (v) a statement of good faith belief; and (vi) a statement that the information in the notification is accurate, under penalty of perjury.

7. Warranty Disclaimer

Notwithstanding the foregoing, Oura warrants to the original end user purchaser that new Products are free from defects in material and workmanship for one (1) year from the date of purchase and refurbished Products are free from defects in material and workmanship for ninety (90) days from the date of purchase.

This limited warranty does not apply to:

• Normal wear and tear, including scratches and dents.
• Consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship.
• Damage resulting from failure to use the Product in accordance with the instructions accompanying the Oura Product.
• Damage resulting from an accident, flood, fire, misuse, or abuse.
• Damage resulting from service performed, or tampering with or alterations to the Product, by anyone not authorized by Oura.
• Use of the Product with any application or software other than the Oura App.

Oura retains the exclusive right to repair or replace the Product, or offer a full refund. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty.

8. Limitation of Liability

9. Precautions

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. Oura 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.

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.

Our Product should not be placed in the mouth at any time. Our Product 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.

You agree to indemnify, hold harmless, and defend Oura, 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; (ii) breach of this Agreement by you; (iii) any information used, stored, or transmitted in connection with your account; (iv) breach of the rights of any third party, including privacy, publicity, intellectual property, or other proprietary rights; or (v) violation of any law, regulation, or other legal requirement.

10. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:

11. Termination; Cancellation

This Agreement shall continue in full force until terminated or cancelled pursuant to this Agreement.

Oura shall have the right to terminate this Agreement: (i) for any reason whatsoever by providing thirty (30) days' notice to you; (ii) immediately for your material breach of this Agreement, other than non-payment of Fees; or (iii) for non-payment of Fees. Oura reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.

You may terminate this Agreement for any reason whatsoever by providing thirty (30) days' notice to Oura by visiting support.ouraringr.com and submitting a ticket. You shall be responsible for all Fees incurred prior to and during the notice period.

The following sections shall survive termination of this Agreement for any reason: Precautions, Intellectual Property Rights, Data and Communications, Indemnification, Warranty Disclaimer, Limitation of Liability, Governing Law, and payment obligations for Fees incurred prior to and during any notice period.

12. Export Compliance and Use Restrictions

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.

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.

13. Governing Law; Forum; Mandatory Binding Arbitration; Class Action Waiver

Any action related to this Agreement, the Services, and your relationship with Oura 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 Conventions on Contracts for the International Sale of Goods.

You agree to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provision" section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property.

Subject to the Mandatory Arbitration Provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts. Except to the extent prohibited by applicable law, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you are a user based in the European Union, then Finnish law shall apply to this Agreement and the Finnish courts shall have exclusive jurisdiction to hear disputes arising in relation to this Agreement.

You also agree to waive any right to assert any claims against Oura as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.

14. Miscellaneous

• Oura has the right to monitor use of the Services to ensure compliance with the Agreement.
• No waiver of any term or provision of this Agreement shall be deemed a waiver of any other term or provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
• You may not assign this Agreement to any other party and any attempt to do so is void.
• 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.
• This Agreement and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and Oura regarding the Services, and supersede 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.

15. Modification of the Terms and Services

Oura 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 Oura, any changes will become effective on a prospective basis from the date of posting. Oura 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.

Oura and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. Oura reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice.

16. Terms of Delivery

Last Updated: March 4, 2024

Canada and the United Kingdom

Oura will deliver the Products under a Delivered Duty Paid ("DDP") Incoterm. Oura is responsible for importing and delivering Products to the named place in the country of the buyer. Oura is responsible for paying all costs related to the import of the Products and will charge tax at the applicable rate based on the delivery address for the Products.

The European Union and USA

Oura will fulfil Products from local distribution centers to the named place in the respective jurisdiction of the buyer. Oura will charge tax at the applicable rate based on the delivery address for the Products in accordance with the local rules.

Outside the Countries Listed Above

Oura will deliver the Products under a DAP Incoterm with title transferring to the buyer immediately prior to importation. Oura pays for the carriage to the named place outside the country of the buyer, but is not responsible for importing the Products into the country of the buyer. The buyer is responsible for all costs related to the import of the Products. Oura will not facilitate the collection of any taxes on the buyer's behalf.

In the case of any conflict between the English language version and translations in other languages, the English language will control, unless required by applicable local law.