I. ŌURA TERMS OF USE

Last Updated: October 2, 2026

Effective Date: November 4, 2026

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.

Welcome and thank you for your interest in ŌURA! These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of ouraring.com (the “Site”); sizing kit(s), smart ring(s), charger(s), and/or other electronic device(s) (the “Products”); and Oura mobile applications (the “Oura Apps”), together with any related content, features, software, and support ŌURA makes available including Oura membership(s) (collectively, the “Services”). The Oura Apps include, but are not limited to, the Oura commercial mobile application and Oura mobile applications for research studies (“Oura Research Apps”). The Site and Oura Apps are owned and operated by Oura Health Oy and its affiliates and subsidiaries, such as Ouraring Inc. (collectively “ŌURA” or “Oura”).

In this Agreement, we refer to ourselves as “ŌURA” or “Oura” or “us” or “we”; we refer to you as “you” or “Customer.” ŌURA and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.” 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.

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 (available at ouraring.com/privacy-policy) (“Privacy Policy”), which is incorporated herein by reference. If you do not agree to the Agreement, then you may not use the Services.

II. Access and Use

ŌURA grants you a limited license to access the Site subject to this Agreement. If you choose to subscribe to and use the Oura Apps, ŌURA 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 ŌURA, including your payment of any applicable fees. You acknowledge and agree that ŌURA 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: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Oura Apps component of the Services, in whole or in part; (iii) 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 (including but not limited to data scraping or web scraping), or that otherwise violates any law, regulation, or other legal requirement; (iv) 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; (v) engage in activities that exploit or attempt to exploit the Services through security vulnerabilities, including but not limited to injection attacks (e.g., SQL injection, command injection, script injection), buffer overflows, or session hijacking; (vi) attempt to probe, scan, or test the vulnerability of any ŌURA system or network or to breach security or authentication measures without express authorization; (vii) use automated systems or software (including bots, scrapers, or crawlers) to access the Services in a manner that sends more request messages to ŌURA servers than a human can reasonably produce in the same period, unless expressly permitted by ŌURA; (viii) access or attempt to access any non-public area of the Services, any ŌURA account other than your own, or any ŌURA computer system, server, network, or the technical delivery systems of ŌURA’s service providers, except as expressly authorized under this Agreement; or (ix) circumvent, bypass, disable, degrade, or otherwise interfere with any access controls, usage limits, security features, authentication measures, subscription restrictions, technological protection measures, or other technical or contractual restrictions that ŌURA applies to the Services, including by using multiple accounts, Credentials, devices, IP addresses, automated tools, or other methods to avoid or exceed those restrictions.

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

Except for the limited license to access the Site and Oura Apps identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.

You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ŌURA may undertake from time to time without notice to you; or (iii) causes which are beyond the control of ŌURA or which are not reasonably foreseeable.

Notwithstanding anything to the contrary in this Agreement, ŌURA may temporarily suspend or terminate access to the Services provided to you and any other third-party 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.

ŌURA may from time to time and in its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, Research Sponsors, and other third-parties. You shall abide by the terms and conditions and other requirements associated with the services provided by such third-parties in connection with the Services.

Oura Research Apps Oura Research Apps are mobile applications that enable individuals to participate in research studies (each a “Study”) conducted by or on behalf of ŌURA or an independent research sponsor (“Research Sponsor”). Individuals will be selected for Study participation by a Research Sponsor. Participation in any Study is voluntary, and does not necessarily require the purchase of Paid Services (as defined in Section IV. below). At the Research Sponsor’s discretion, you may be given the option at the end of the Study to keep any Products distributed as part of the Study and access Paid Services. Before enrolling in a Study, you may be asked to create or accept a Customer account. 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.

A Study may involve data blinding or other protocol-based restrictions. During a blinded period, you may not be able to access certain personal data, scores, or insights in the Oura Apps, even though your Oura Ring continues to collect sensor data. The Research Agreement will describe whether and when access to such data will be restored, and any other conditions that apply.

If you choose to voluntarily participate in a Study through an Oura Research App, questions regarding the Research Agreement, Study protocol, use of research data, or the exercise of data protection rights relating to research data should be directed to the Research Sponsor as identified in the ICF.

III. 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 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.

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 Apps, internet access, credentials, backup devices or services, and any other requirements. ŌURA shall have no responsibility to provide any additional Oura App(s) or hardware. You further agree that ŌURA shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.

You are responsible for ensuring that ŌURA has accurate and current information in your Customer account, including current contact and payment information. You are further responsible for regularly reviewing the associated Customer email account for any communications from ŌURA.

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 your Credentials to any other person or entity. You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You shall notify ŌURA immediately of any unauthorized access to your account or the unauthorized use of your Credentials or any other breach of security. ŌURA has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by ŌURA.

ŌURA shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.

IV. Payment and Fees

“Paid Services” means those Services that ŌURA makes available only upon payment of Fees, whether as a one-time purchase (including Products and Pre-Orders) or as a Subscription. Subscription means access to specified Paid Services pursuant to Subscription Terms (as defined in Section V. below) in exchange for your payment of recurring Fees, including any free-trial, prepaid, promotional, or organization-paid period. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and ŌURA reserves the sole discretion to determine which Services or portions thereof require payment.

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. The actual date for shipping any accepted Pre-Order will depend on a variety of factors, including but not limited to, the date of payment of your Pre-Order fee and the manufacturing schedule of ŌURA. There is no shipping date guarantee for Pre-Orders.

You agree to pay all applicable fees for Paid Services including, without exclusion, 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.

From time to time we may offer promotional credits, vouchers, discounts, free or reduced shipping, or other promotional benefits (“Promotional Offers”). Promotional Offers are made at our sole discretion, may be made available to some Customers and not others, including on a randomized basis for testing and product development purposes, and may be limited in time, quantity, or eligibility. A Promotional Offer does not change the standard price of any Product or Paid Service, and the availability of a Promotional Offer to another Customer does not entitle you to that or any other Promotional Offer. Unless we state otherwise when the offer is presented, Promotional Offers have no cash value, are non-transferable, may not be redeemed for cash, and cannot be applied retroactively to a completed order. The specific terms and conditions applicable to each Promotional Offer will be disclosed to you when the Promotional Offer is presented, and those terms and conditions control to the extent they conflict with these Terms. If an order placed with a Promotional Offer is cancelled or a Product is returned, any refund will be limited to the amounts you actually paid. We may withhold, revoke, or reverse a Promotional Offer, and cancel any associated order, where we reasonably believe it has been obtained or used through fraud, abuse, or in violation of this Agreement.

You authorize ŌURA to charge your designated payment method for Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Service. If you accept a Promotional Offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. Except as we expressly state when an offer is presented, individual discounts may not be combined or stacked with any other discount. This payment obligation shall survive termination or cancellation of this Agreement.

If you choose to finance a purchase through our third-party payment processor and one or more items in your order has an extended ship date, your loan payment(s), including interest, may be due before we ship all of the items. Please note that financing with our third-party payment processor is subject to their terms and information submitted to them to secure financing is subject to their privacy policy. You may not receive a rebate of any interest that may have already accrued on an amount that is later refunded.

ŌURA may offer special pricing or discounts to certain groups (e.g., students, educators, first responders, and healthcare professionals). Eligibility for these programs is determined solely by ŌURA and its partners. ŌURA reserves the right to modify, suspend, or terminate these discount programs, or change the categories of eligible individuals, at any time and without prior notice. To qualify for these programs, you must verify your eligibility through our third-party verification partner, ID.me. By using the ID.me portal, you acknowledge and agree that your use of their service, including any information you submit through their portal, is subject to ID.me’s Terms of Service and Privacy Policy. ŌURA is not responsible for any issues, errors, or data processing conducted by ID.me during the verification process. Verification of eligibility does not guarantee a discount if the program has been modified or discontinued. Discounts provided through the ID.me verification program are for the personal use of the verified individual only. These discounts are non-transferable and may not be used to purchase products for others, including as gifts, or for resale. Any suspected fraudulent use or violation of these terms may result in the immediate revocation of the discount and/or cancellation of your order. Special eligibility discounts cannot be combined with any other promotional codes, site-wide sales, or other discount programs, other than Promotional Offers that we expressly state may be combined. In the event of a site-wide sale, the greater of the two discounts may be applied, but they will not stack. By choosing to verify your status, you consent to the sharing of certain verification data between ID.me and ŌURA to the extent necessary to apply the discount to your account and process your order.

V. Subscriptions

The following terms apply to Subscriptions:

Your Subscription term may vary as a monthly, annual, or other term, and may include a prepaid, promotional, or organization-paid period followed by an automatically renewing term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. Your Subscription will automatically renew for additional Subscription Terms until your Subscription is cancelled by you, or suspended or terminated by ŌURA. Unless otherwise indicated by us, your designated payment method will be charged the first day of each Subscription Term for the Subscription fee plus any applicable taxes and other charges. Where required by applicable law, and within the timeframe that law requires, we will send you notice before a Subscription Term renews while your Subscription remains active. Any such notice will identify the Subscription, the amount and frequency of the charges that will apply, the renewal date where applicable, and how to cancel, and will be provided in a form you can retain. Renewal will occur at the price then in effect for the Paid Service, subject to the fee change notice described below.

You may cancel your Subscription at any time. To avoid being charged for the next Subscription Term, you must cancel at least one day before your renewal date. Your cancellation will take effect at the end of the current Subscription Term. You may cancel at any time, online and without any further steps, using the “Cancel membership” link in your account settings in the Oura Apps or at ouraring.com. You may also cancel through any channel through which you purchased your Subscription, or through any other method required by applicable law, or by contacting our team at support.ouraring.com. In the event you cancel your Subscription, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

When you cancel a Subscription, you cancel only future charges for your Subscription. Except for an applicable Cooling-Off Period, as defined below, you are not entitled to the refund of any previously paid Fees, whether full or pro-rated. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term.

At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are in our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

When you purchase or convert to a paid Subscription, you expressly request and agree that we begin providing the digital content and Services immediately upon activation of your paid Subscription. You acknowledge that, by agreeing, you lose your right of withdrawal once we begin providing the Paid Services. If you reside outside the United States and change your mind about your purchase, subject to applicable law, 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.

From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. Subscription Fees are charged automatically when a free trial ends. Before you enroll, we will disclose the length of the free trial or promotional period, the Subscription fee that will be charged when it ends, the billing frequency, and how to cancel, and we will obtain your consent to those terms. Where required by applicable law, and within the timeframe that law requires, we will also send you a reminder before the free trial or promotional period expires, stating the fee that will then be charged, the billing frequency, and how to cancel. Unless you cancel your Subscription at least one day prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. You must cancel your Subscription before the end of your free trial period to avoid any charges. Instructions for canceling your Subscription are described above.

If your Subscription is prepaid for a fixed period, included with a Product purchase, provided under a Promotional Offer, or paid for by an organization on your behalf, we will disclose to you when you enroll or activate your Subscription the date on which that period ends, the Subscription Term and Fee that will apply after it ends, and how to cancel. Unless you cancel before that period ends, your Subscription will continue as an automatically renewing Subscription on the applicable terms, and your designated payment method will be charged on each renewal date. Where required by applicable law, and within the timeframe that law requires, we will send you a reminder before the period ends.

Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or annual basis depending upon your choice, and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method on the day of the monthly or yearly anniversary of the initial purchase date.

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.

From time to time, ŌURA may change the Fees for our Paid Services, or any features or parts of our Paid Services. ŌURA will communicate any Subscription Fee changes to you in advance of the effective date and within the timeframe required by applicable law. The new Fee will apply to Subscription Terms beginning on or after its effective date. You may cancel your Subscription at any time before that effective date to avoid the new Fee. Where applicable law requires your affirmative consent to a change in the Fee, we will obtain that consent before charging the new Fee. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.

VI. Data and Communications

ŌURA may collect and process information regarding your usage of the Services. This information may be collected directly from you, produced from the information you provide to us, or received from third parties, including without limitation partners or services, applications, or other sources that you connect to or authorize to share information with the Services. By agreeing to this Agreement, you acknowledge that you have read our Privacy Policy, which describes how ŌURA collects, uses, and shares personal information in connection with the Services. All personal information that ŌURA collects or processes when you use the Services is handled in accordance with the Privacy Policy.

By agreeing to the terms and conditions in this Agreement and providing your contact information to ŌURA, you give your express consent to allow ŌURA, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to ŌURA. Your consent means you agree to be contacted by ŌURA and its service providers via phone, email, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages. You are responsible for any charges that may be billed to you by your service provider(s) when we contact you. You further acknowledge that 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 any time using the opt-out mechanism provided in any such communications.

By opting into shipping notifications, you agree to receive automated transactional text messages from Oura regarding your order status, including shipping confirmations, tracking updates, and delivery alerts. These messages are sent via our third-party service provider(s), including but not limited to, Narvar. Message frequency varies based on your order activity and interaction with our Services. Message and data rates may apply from your mobile carrier. Oura and your mobile carrier are not liable for any delayed or undelivered messages. Oura does not charge a fee for this service; however, you are responsible for any fees charged by your mobile carrier. You can cancel this service at any time. To stop receiving shipping updates, reply STOP to any message. You will receive one final text message confirming your request to unsubscribe. Your mobile information is handled in accordance with our Privacy Policy. For help or more information, visit Oura Member Care and start a conversation with us.

ŌURA disclaims all liability that arises out of or in any way relates to any information that you provide or direct to be provided to ŌURA, even if that information constitutes electronic patient health records or similar information. By providing such information to Oura, you acknowledge that Oura may use, process, or share it, consistent with the terms of this Agreement and the Privacy Policy.

VII. Intellectual Property Rights

ŌURA, Ō, and OURA are trademarks of Oura Health Oy. Oura Content, Oura Products, ŌURA 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”). The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without express written permission from ŌURA.

All content provided in association with the Services and this Agreement, including, but not limited to, the Site, the Product, the Oura Apps, all text, graphics, user interfaces, visual interfaces, photographs, images/video, electronic art, sounds/audio, data, communications programs, executable code, computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to ŌURA 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 ŌURA.

If you provide any communications or materials to ŌURA by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), ŌURA is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. ŌURA 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, for any purpose whatsoever, although ŌURA is not required to use any Feedback.

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 ip@ouraring.com, 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; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit the administrators of ŌURA to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (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.

VIII. Warranty Disclaimer

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, AND ŌURA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS 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. 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ŌURA OR AN ŌURA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. 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. 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.

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. 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. 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).

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. 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.

IX. Limitation of Liability

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, OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY THIRD PARTY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ŌURA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

These limitations of liability and damages are fundamental elements of the agreement between you and Oura.

X. Indemnification

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.

XI. Precautions

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. EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO REGULATED FEATURES, THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR WELLNESS AND INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.

THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, 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.

SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. 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. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ŌURA.

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. It is important to be sensitive to your body's responses. For example, if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. 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.

Regulated Features. 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, Elektroniikkatie 10, 90590 Oulu, Finland. The countries and regions in which each Regulated Feature is available are identified at support.ouraring.com, 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.

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 in the Oura Apps and at support.ouraring.com (each, a "User Manual"). 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. USING THE FERTILE WINDOW CONTRARY TO ITS INDICATIONS FOR USE MAY RESULT IN PREGNANCY. ŌURA does not offer contraception. 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.

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.

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. If you experience a serious incident in connection with a Regulated Feature, you should report it to ŌURA 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.

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 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.

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.

The Services may provide links to other websites maintained by third parties or be offered alongside third party products. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by ŌURA with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that ŌURA is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any third party products, or matters associated with the linked site, including without limitation, the content you provide on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third party product or site is subject to the terms and conditions applicable to that product or site, including the privacy policies (or lack thereof) of such third party. ŌURA does not guarantee that third party product information is complete, current, or error-free. If a third party links to the Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with ŌURA. ŌURA may not even be aware that a third party has linked to the Services.

Any other content not owned by ŌURA is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by ŌURA with respect to the provider of such content. 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.

XII. 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:

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.

The charges for the Services are as set forth in the applicable subscription or pricing page at the time of purchase and as further described herein.

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.

XIII. Termination; Cancellation

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

ŌURA 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. Notwithstanding the foregoing, ŌURA 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 ŌURA by visiting support.ouraring.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 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.

XIV. Federal Government End Use Restrictions

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. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, 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.

XV. 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.

XVI. Governing Law; Forum; Mandatory Binding Arbitration, Class Action Waiver for United States Residents

Governing Law

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.

Forum

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.

United States Mandatory Arbitration; Class Action Waiver

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. READ THE BELOW PARAGRAPHS CAREFULLY. This Arbitration Agreement supersedes all prior versions.

1. Application

This Arbitration Agreement and Class Action Waiver applies to you if your country of residence or establishment is the United States. 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.

2. Disputes Subject to Arbitration

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 (collectively, "ŌURA"). 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. As set forth more fully below, 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.

3. Claims Exempt from Arbitration

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. 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.

(v) Any claim or cause of action for vexatious litigation.

4. Mandatory Pre-Filing Notice and Informal Resolution

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”):

(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.

(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.

5. Arbitration Procedures and Governing Law

(i) Governing Law. 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. To the extent the FAA requires application of state substantive law to any issue, then the law of the state of California shall apply.

(ii) Administration and applicable arbitration rules. The arbitration will be administered by the AAA in accordance with its then-current Consumer Arbitration Rules which are available at www.adr.org. 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.

(iii) Modification of Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, 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.

6. Class Action Waiver

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.

7. Mass Arbitration Procedures

(i) When These Procedures Apply and Governing Rules. 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”) (when referred to collectively, “the AAA Rules”). Pursuant to AAA MA Rule 1(d), the parties agree to the following processes and procedures for the efficient resolution of the cases:

(ii) Limited Service Neutral. 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, as set forth more fully in paragraph (vii)(a), below. 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.

(iii) Hearings. 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.

(iv) Appointment of Merits Arbitrator. Pursuant to MA Rule 7, the merits arbitrator will be appointed by the AAA following the procedure set forth in the Consumer Rules.

(v) Scheduling Order. 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.

(vi) Motions and Discovery. The AAA Consumer Arbitration Rules governing motions and discovery will apply.

(vii) Hearing Procedure. 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:

(a) Initial Cases. 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.

(b) Remaining Claims Paused. 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.

(c) Remaining Cases. 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.

(viii) Mediation. 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.

(ix) Your Rights. 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.

8. Authority of Arbitrator

Subject to paragraphs 2 and 6, above, the arbitrator may award any relief that a court of competent jurisdiction could award.

9. Form of Award

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. Subject to paragraph 3(iv) above, 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.

10. Arbitration Fees

Each party will pay the arbitration fees and costs that it is required to pay under the applicable AAA Fee Schedule.

11. Attorneys’ Fees

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.

12. Severability

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.

XVII. Dispute Resolution, Venue, Forum, and Governing Law for Non-United States Residents

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. 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. The English language shall govern all documents, notices, and interpretations of this Agreement.

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.

XVIII. Miscellaneous

You acknowledge that ŌURA has the right to monitor use of the Services to ensure compliance with the Agreement.

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.

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.

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.

XIX. Modification of the Terms and Services

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. ŌURA 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. The Oura Apps may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. ŌURA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that ŌURA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

XX. ŌURA TERMS OF DELIVERY

Last Updated: March 4, 2024

XXI. Canada and the UK

ŌURA will deliver the Products under a Delivered Duty Paid (“DDP”) Incoterm. ŌURA is responsible for importing and delivering Products to the named place in the country of the buyer. ŌURA is responsible for paying all costs related to the import of the Products into the country of the buyer and will charge tax at the applicable rate based on the delivery address for the Products. ŌURA will issue a compliant tax invoice for any local indirect taxes due on the sale, as required under local law.

XXII. The European Union and USA

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

XXIII. Outside the Countries Listed Above

ŌURA will deliver the Products under a DAP Incoterm with title transferring to the buyer immediately prior to importation. ŌURA 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 and delivering the Products to the named place in the country of the buyer. The buyer is responsible for all costs related to the import of the Products. ŌURA will not facilitate the collection of any taxes on the buyer’s behalf.