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Last update: October 1, 2015

Welcome and thank you for your interest in Ouraring!  You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the Ouraring Services (the “Ouraring Services”), consisting of a wellness ring or other electronic wellness device (the “Ouraring Product”) to be used with the Ouraring mobile application (the “Mobile App”) and related website at ouraring.com (the “Website”)

THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND OURARING. PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY OURARING SERVICES. By using any Ouraring services you signify your agreement to these Terms of Use (the “Terms of Use”). If you do not agree to these terms of Use, you may not use the Ouraring Services and should not purchase the Ouraring Services.

The Ouraring Services have been developed and are owned by JouZen Oy which is referred to as Ouraring, we, us or our in these Terms of Use.  You are referred to as you or your in these Terms of Use.

Support and Questions

If you have any questions about the installation or use of the Ouraring Services or have technical difficulties, you will find FAQs on our Website at ouraring.com or you may e-mail us at support@ouraring.com.

Changes to Services and Terms

We may change or discontinue, in whole or in part, the Ouraring Services at any time without notice. You acknowledge that Ouraring is not liable to you or to any third party for any such action.

We may modify these Terms of Use from time to time. The most current Terms of Use will be available on the Ouraring home page and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on the Ouraring Services or by email. You accept such modified Terms of Use by continuing to use of the Ouraring Services.

Requirements for Use of the Ouraring Services

You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. Please also refer to the Precautions in these Terms of Use.

The full Ouraring experience requires the Ouraring Product, Internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Ouraring Services.

Precautions

Please note that Ouraring Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the Ouraring Services are there for informational purposes only and can not replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the Ouraring Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Ouraring Services. We are not responsible for any health problems that may result from information or guidance you learn about through the Ouraring Services. If you make any change to your sleep or activity based on the Ouraring 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, 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 and guidance in the Ouraring Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

Please be cautious that the Ouraring Product you are wearing does not get caught on fixed structures or heavy objects when moving yourself or moving said heavy objects.

If you experience redness or skin irritation on your finger due to Ouraring Product, remove it immediately. If symptoms persist longer than 2-3 days of not using your Ouraring Product, please contact a dermatologist.

Privacy Policy

The Ouraring Services are subject to the Ouraring Privacy Policy, which can be found at ouraring.com.

Limited License and Ownership of the Ouraring Services

You are hereby granted a non-exclusive, revocable and nontransferable license to use the Ouraring Services in accordance with these Terms of Use.

Ouraring or its licensors own all title and rights to the Ouraring Services, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Ouraring Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the Ouraring Services not expressly granted to you by Ouraring are retained by Ouraring and its licensors. Violation of any of these Terms of Use gives Ouraring sole discretion to refuse or terminate access to the Ouraring Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the Ouraring Services.

You may propose to Ouraring modifications or improvements to all or any part of the Ouraring Services. By choosing to disclose such proposal to Ouraring, you hereby grant Ouraring all title and ownership and intellectual property rights to such proposal.

Indemnity

You agree to defend, indemnify and hold Ouraring and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Ouraring’s intellectual property rights, any third party rights or any applicable law when using the Ouraring Services.

Local Law and Export Control

In relation to your purchase and use of the Ouraring Services, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the United States and certain other countries on products or information.

Third Party Services

To increase value to our users, we may provide links or references to third party websites or services within the Ouraring Services. We have no control of such websites or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third party websites or services, you do so at your own risk. Ouraring suggests that before using these third party websites or services you read their terms of use and privacy policies (if any).

Content and Warranty Disclaimer

EXCEPT FOR THE LIMITED WARRANTY FOR THE OURARING PRODUCT SET FORTH BELOW, THE OURARING SERVICES ARE PROVIDED BY OURARING AND ITS AFFILIATES “AS IS.”

NEITHER OURARING NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OURARING SERVICES (INCLUDING THE OURARING PRODUCTS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE OURARING SERVICES. IN ADDITION, OURARING AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OURARING SERVICES (INCLUDING THE OURARING PRODUCTS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, OURARING DOES NOT WARRANT THAT USE OF THE OURARING SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR MOBILE APP IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

LIMITED WARRANTY FOR THE OURARING PRODUCT, FOR EXAMPLE, THE RING. OURARING WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE OURARING PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR TWO (2) YEARS FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law. Within the warranty period, Ouraring shall repair or replace at no charge to you any components of the Ouraring Product that fail the limited warranty provided. You shall be responsible for any related transportation charges.  Replacement products 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 Ouraring 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 Ouraring Product in accordance with the instructions accompanying the Ouraring 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 or alterations to the Ouraring Product, by anyone not authorized by Ouraring; or (vi) use of the Ouraring Product with any other application or software than the Mobile App.

Ouraring retains the exclusive right to repair or replace the Ouraring Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one year warranty.

Limitation of Liability

IN NO EVENT WILL OURARING OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE OURARING SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OURARING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OURARING, ARISING FROM OR RELATING TO THE OURARING SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. OURARING’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.

Trademarks and Patents

ŌURA logo is a registered trademark of Ouraring. All product names are registered trademarks or trademarks of Ouraring. Other trade names or trademarks may be trade names or trademarks of third parties. You are not granted, by implication or otherwise, any license or right to use any marks appearing on Ouraring Services. One or more patents owned by Ouraring (or patents licensed from third parties) may apply to the Ouraring Products and to the features and services accessible via the Ouraring Services maintained by Ouraring.

Governing Law and Disputes

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms of Use or your purchase of any element of the Ouraring Services.

If you reside in the United States, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law of any jurisdiction.  If you reside in any other country, these Terms of Use shall be governed by and construed in accordance with the laws of Finland, without regard to the principles of conflicts of law of any jurisdiction.

Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the Ouraring Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration. If you reside in the USA, (A) the arbitration will be held in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time of the arbitration (the “AAA Arbitration Rules”); (B) the AAA shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the AAA Arbitration Rules; and (C) the place of arbitration shall be in San Francisco, California.

If you reside in any other country or territory, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of Finland (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Helsinki, Finland.

In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Ouraring and you.

Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Ouraring’s intellectual property rights would cause, Ouraring may seek an injunction against such violation or breach in a court of competent jurisdiction.

General

English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability and Governing Law and Disputes shall survive and remain in effect after your license to use the Ouraring Services has terminated for any or no reason.

Ouraring’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Ouraring in writing. These Terms of Use constitute the entire agreement between you and Ouraring with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

JouZen Oy, Elektroniikkatie 3, FI-90590 Oulu, FINLAND