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Testimonial Use Agreement
By giving us permission to use your statements, words, images and/or feedback (“Content”), you agree and acknowledge that your Content may be used as a testimonial for display on any of our platforms, including but not limited to our website, on Oura's website, social media accounts, marketing channels, and through Oura's marketing service providers and partners as described in the Privacy Policy, and will be treated as nonconfidential and nonproprietary. This usage may also contain the following personal data (collectively, "Testimonial Data"): your first name, approximate age or age range, location, and any health, wellness, sleep, fitness, or other health-related information you voluntarily include in your Content. You acknowledge that such health-related information may constitute sensitive personal data under applicable law, and you explicitly consent to its use as described in this Agreement. Any credit or other acknowledgment of you, if any, shall be determined by Oura in our sole discretion. Oura will not publicly associate your Content with additional personal data from your Oura account (such as specific health metrics, sleep data, or activity data) without your prior written consent.
Intellectual Property License. You grant Oura a royalty-free, worldwide, perpetual, irrevocable (except as set forth in the "Withdrawal of Data Processing Consent" section below), sublicensable, and transferable license and right to use, copy, distribute, display, publish, perform,transmit, adapt, and create derivative works from such Content from the non-personal data elements of by any means and in any form; provided that Oura's creation of derivative works from any Testimonial Data contained in your Content shall be limited to the uses described in this Agreement, Oura’s standard Terms and Conditions and Oura’s Privacy Policy..
Personal Data Processing Consent. Separately from the intellectual property license above, you consent to Oura's processing of your Testimonial Data as described in this Agreement and in the Privacy Policy (available at ouraring.com/privacy-policy), which is incorporated herein by reference. In the event of any conflict between this Agreement and the Privacy Policy with respect to the processing of your personal data, the Privacy Policy shall control.
Withdrawal of Data Processing Consent. You may withdraw your consent to Oura's processing of your Testimonial Data at any time by contacting Oura at privacy@ouraring.com. Upon receipt of a valid withdrawal request, Oura will cease new uses of your Testimonial Data within a commercially reasonable period, not to exceed thirty (30) days. Withdrawal of data processing consent does not affect the lawfulness of processing carried out before withdrawal, nor does it revoke the intellectual property license granted above with respect to non-personal data elements of your Content (such as general product feedback or opinions not tied to your identity).
Waiver and Release. By agreeing to this Agreement, you (a) waive all intellectual property, moral rights claims and publicity claims, including any claims based on your name, image, likeness, voice, or persona, now known or hereafter known, arising directly or indirectly from Oura's authorized use of your Content as described in this Agreement. Nothing in this Agreement limits or waives any rights you may have under applicable consumer protection, data protection or privacy laws, including rights under the GDPR, CCPA, or any other applicable data protection law.
You represent and warrant that (a) you are at least 18 years of age; (b)you own all of the rights to the Content you submitted to us necessary to grant the licenses in this Agreement, or have obtained all required permissions from any third-party rights holders; (c) your Content reflects your honest opinions and genuine experience with Oura products and services; (d) your Content is accurate and not misleading as of the date you submit it, and you will notify Oura at [testimonials@ouraring.com] if your Content ceases to reflect your genuine experience; (e) you have not received compensation from any party in exchange for your Content unless separately disclosed in writing to Oura; and, (f) that use of your Content by us will not infringe upon or violate the rights of any third party. You shall not use a false name, e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Content. You acknowledge that Oura may add disclosures, hashtags, labels, or other notices to your Content as required by applicable advertising regulations, including the FTC Endorsement Guides and equivalent requirements in other jurisdictions. You further agree that if you publicly share your experience with Oura products on your own social media or other channels, you will clearly and conspicuously disclose any material connection with Oura, including the receipt of any free or discounted products. Oura may, but is not obligated to, remove or edit your Content for any reason, including if Oura reasonably believes the Content is no longer accurate, is misleading, or poses regulatory risk. Nothing in this Agreement creates any type of promise or obligation for Oura to use your Content.