Oula Circles Participation Agreement

This agreement (“Agreement”) sets forth the terms of your participation in our Oula Circles service offering with Oula Health, Inc.  (“Oula,” our, we or us).  Oula Circles is set of topical programs – crafted by Oula experts and led by professionals – that include weekly virtual gatherings (“Sessions”) with other participants, and a connected 24/7 community chat, access to education, tools and curated resources, and exclusive Oula Perks discounts (collectively, “Other Benefits”) for beloved maternity brands.

The services provided by Oula Circles are limited to those set forth above; Oula Circles does not provide you access to any medical or clinical services, nor will we serve as your medical provider, write prescriptions, order testing or imaging, or coordinate your care. 

It is very important that you read and understand this Agreement, as we want to be clear about how our relationship will work and what you can expect from us. When you sign this document, it will represent an agreement between you and us. Federal and state law require that we provide you certain information set forth in this document. A full copy of this Participation Agreement will be furnished for your records upon request. If you have any questions, please ask us.

1. Participation Fee. Oula charges a flat fee for participation in Oula Circles, which covers eight weekly Sessions and access to Other Benefits for the eight-week program period, and which may be modified at any time. We accept payment in the form of a credit card, which you expressly authorize us to charge for your participation, as well as Google Pay, Apple Pay, and all other services accepted by Stripe, our third-party payment processor.  

You authorize Oula or our third-party payment processor to charge the credit card you provide to us when you enter and submit your credit card information, unless you terminate this Agreement or cancel your participation in accordance our cancellation policy (see Section 3 below). You may be subject to additional terms and conditions by such third-party processors.   

2. Cancellation Policy and Refunds. You will be charged the full participation price at the time you join Oula Circles. If you elect to cancel your participation within more than90 days of the first Session, you will be refunded the full participation fee.  No refunds will be provided for cancellations within 90 days. 
3. No Insurance Coverage.  We are not providing medical or professional services and our Sessions are unlikely to be covered benefits under health or other insurance plans. Oula team members who lead Sessions are not in-network providers with, nor accept payment for services from, any health or other insurance plans. As a result, you acknowledge and understand that you may not be able to submit and obtain payment for your participation from your insurance or other benefit plan. 
4. Sessions. All Sessions will be provided by an online communications platform. You agree not to share your Session link with anyone; the Session link is only for you and other Oula Circles participants. You understand the risks and benefits of participating in an online Session, including technical disruptions and that confidentiality of what you share during the Sessions with other participants may not be maintained by other participants.  
5. Emergencies/No Patient Relationship Established. A Session is not an emergency service, and Sessions do not establish a patient-provider relationship even if the Session is led by a clinical professional. Sessions should not be used for a medical emergency. In a medical emergency, you should dial 911 and/or go to your local hospital’s emergency room. If you are in need of non-emergent care, you should contact your OBGYN, nurse practitioner or midwife.
6. Scheduling Sessions. All Sessions will be scheduled by Oula, and program dates will be available at the time you become a participant.
7. Confidentiality and Compliance. We will take appropriate precautions to keep your personal information, including information related to your health, confidential. We may collect or receive certain personal information and other data about you that is governed by federal or state law. We will keep the content of your Sessions confidential in accordance with state law and our Terms of Use.
8. Consent to Call, Email, and Text. You expressly consent to allow us to communicate with you by telephone call, email, text message, and/or other forms of unencrypted electronic messaging (“Electronic Messages”) using any telephone numbers or email addresses that you provide to us when you join Oula Circles, or that we obtain lawfully, such as through caller ID. You expressly agree to receive prerecorded or automated Electronic Messages from us. You agree to receive these Electronic Messages from us even if your phone number is listed on the National Do Not Call Registry. You agree that you are the current owner of any telephone number you provide us. Wireless or data charges from your carrier may apply, and we are not responsible for these charges. 

You understand that Electronic Messages sent by us may include, without limitation, Session reminders, changes to previously scheduled Sessions, actions to take in advance of Sessions, follow-ups from Sessions, information regarding billing, marketing material, alerts regarding new content, or advice or education. 

You understand the risks associated with communicating through Electronic Messages, including, without limitation, that Electronic Messages can easily be misaddressed to or forwarded to unintended recipients, that Electronic Messages can be stored, that backup copies of Electronic Messages may exist even after the Electronic Messages are deleted, that Electronic Messages may not be secure and thus may be used or forwarded without your permission or knowledge, that Electronic Messages may be inspected by your telephone carrier, and that Electronic Messages may be used as evidence in court. You understand that we are not liable for any breaches of confidentiality caused by you or a third party due to use of Electronic Messages. 

You may opt out of certain automated Electronic Messages, including SMS, and/or email, at any time. Your notification options and preferences are available on our website. You may also send your request to opt out of marketing email communications via email to circles@oulahealth.com. You acknowledge that you will and agree to receive a final message confirming your choice to opt out. Unless you revoke your consent to communicate with us via Electronic Messages, your consent will last through the end of your relationship with us. 

You acknowledge that telephone calls to or from us may be monitored and recorded. You agree to this monitoring and recording. 

In exchange for the services provided by us, you release Oula from all claims, causes of action, lawsuits, damages, losses, liabilities, or other harms relating to any Electronic Messages you exchange with us. You release Oula from all claims, causes of action, or lawsuits based on any alleged violations of any laws, including the Telephone Consumer Protection Act, the Truth in Caller ID Act, the CAN-SPAM Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, HIPAA, any similar state and local acts or statutes, and any federal or state tort or consumer protection laws.‍

9. Intellectual Property. Any Oula materials provided to you will be provided for individual use only as a single-user license.  You are not authorized to use any of Oula’s materials or other Oula intellectual property for any purpose other than for participation in the Sessions or your own education.  You are not authorized to share, copy, distribute or otherwise disseminate any Oula materials or other Oula intellectual property without the prior written consent of Oula.

10. Entire Agreement; Amendment. This Agreement, together with our Privacy Policy and Terms of Use, sets forth the entire agreement between you and Oula with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements with regard to the subject matter hereof. This Agreement may be amended only in writing signed by both you and Oula except as otherwise specifically set forth herein. Notwithstanding the foregoing, Oula may unilaterally amend this Agreement if required by applicable law and will provide notice to you of same. Upon receipt of such notice, you may accept these changes or reject them by cancelling your participation in accordance with Section 3.

11. Terms of Use and Privacy Policy. You agree that you have read and agreed to our Terms of Use, which contain legally binding provisions regarding how you may and may not use our website, and to which this Agreement is subject. You also agree that you have read our Privacy Policy, which contains other legally binding provisions regarding how we may and may not use the data we collect from you. 
12. Updates/Revisions. We may update this Agreement upon 30 days’ notice to you. Notice and updates will be available on our website at www.oulahealth.com.
13. Acknowledgments. You have read and understand the information provided above and understand and agree to the terms in this Agreement, including the services, payment methods, cancellation policy, and waiver of liability. Any questions you had have been answered.