Terms of service

OOLA TERMS OF SERVICE

Effective Date: May 8, 2026   |   Last Updated: May 8, 2026


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING A BINDING INDIVIDUAL ARBITRATION REQUIREMENT, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. SEE SECTION 18 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER). YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS, AS DESCRIBED IN SECTION 18.

AGE RESTRICTION. Our products contain hemp-derived cannabinoids, including tetrahydrocannabinol (THC). You must be at least 21 years of age to access the Site, create an account, or purchase any product. If you are under 21, do not access the Site, use the Services, or purchase any product.

These Terms of Service (these "Terms") form a binding legal agreement between you and Dr. Hank, LLC, a Tennessee limited liability company doing business as "Oola" ("Oola," "we," "us," or "our"). These Terms govern your access to and use of oola.com (the "Site"), the products we sell ("Products"), and any related content, features, programs, communications, or services we make available (collectively with the Site and the Products, the "Services").

By accessing or using the Services, by clicking a button or checking a box indicating acceptance, or by purchasing any Product, you agree to be bound by these Terms and by our Privacy Policy (incorporated by reference). If you do not agree, do not access or use the Services.

Contents

1. Eligibility and Age Restriction

2. Accounts

3. Orders, Pricing, and Payment

4. Promotions, Discount Codes, and Offers

5. Subscriptions and Auto-Renewal

6. Shipping and Delivery

7. Returns, Refunds, and the 30-Day Money-Back Guarantee

8. Product Disclaimers; Hemp / THC Notices; Assumption of Risk

9. Health and Safety; No Medical Advice

10. Acceptable Use

11. Intellectual Property; License to Use the Services

12. User Content and Reviews; License to Oola

13. Third-Party Services and Links

14. SMS / Text Messaging Program

15. Email Marketing

16. Disclaimers of Warranties

17. Limitation of Liability

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

19. Indemnification

20. Termination and Suspension

21. Changes to the Services and to These Terms

22. DMCA / Copyright Complaints

23. Electronic Communications and Signatures

24. Force Majeure

25. Governing Law

26. Miscellaneous

27. Contact Us

1. Eligibility and Age Restriction

To access or use the Services, you represent and warrant that:

  • You are at least 21 years of age;

  • You have the legal capacity to enter into a binding contract with us;

  • You are accessing the Services from within the United States and intend to ship Products only to a U.S. address;

  • Your purchase, possession, and use of our Products is lawful in your jurisdiction;

  • You have not been previously suspended or removed from the Services; and

  • Your use of the Services does not violate any applicable law, regulation, or third-party right.

We reserve the right to refuse service, cancel orders, terminate accounts, and remove or edit content at our sole discretion, including where we believe you have violated these Terms or applicable law.

2. Accounts

You may browse the Site without an account, but you may need to register an account to purchase Products, manage subscriptions, or access certain features. When you create an account, you agree to:

  • Provide accurate, current, and complete information;

  • Maintain and promptly update your account information;

  • Maintain the security and confidentiality of your account credentials;

  • Accept responsibility for all activities that occur under your account; and

  • Notify us immediately of any unauthorized access to or use of your account.

You may have only one account at a time. We may suspend or terminate accounts that we reasonably believe are duplicate, fraudulent, used to circumvent these Terms, or otherwise in violation of these Terms.

3. Orders, Pricing, and Payment

A. Orders

All orders placed through the Site are offers to purchase, subject to our acceptance. We may accept or decline any order in our sole discretion. Acceptance occurs when we ship the Product or send an order confirmation reflecting acceptance, whichever is later. We may limit or cancel quantities purchased per person, per household, or per order.

B. Pricing

Prices for Products are listed on the Site in U.S. dollars and may change without notice. We make reasonable efforts to display accurate pricing, but errors may occur. If we discover an error in the price of a Product you have ordered, we will notify you and give you the option to confirm the order at the corrected price or cancel it. We reserve the right to refuse or cancel any order placed at an incorrect price, even after the order has been confirmed and your payment method charged. In that case, we will issue a refund of the amount charged.

C. Taxes and Fees

You are responsible for all applicable sales, use, excise, and similar taxes and government fees imposed on your order. Tax is calculated based on the shipping address and applicable rates at the time of sale.

D. Payment

You must provide a valid, current, and accepted payment method. By submitting an order or enrolling in a subscription, you authorize us (and our payment processors) to charge your payment method for the total amount of the order, including taxes and shipping. If your payment method is declined, expires, or otherwise fails, we may suspend or cancel your order or subscription. Payment processing is performed by third-party payment processors (including Shopify Payments) under their own terms; we are not responsible for the acts or omissions of those processors.

E. Order Cancellation by Us

We may cancel any order, in whole or in part, at our sole discretion, including where: (i) the Product is unavailable; (ii) we suspect fraud, abuse, or unauthorized activity; (iii) we cannot lawfully ship the Product to your jurisdiction; (iv) there is a pricing or product description error; or (v) you have failed to comply with these Terms. If we cancel a paid order, we will refund the amount charged.

4. Promotions, Discount Codes, and Offers

From time to time we offer promotions, discount codes, free items, gifts with purchase, and similar incentives. Unless we expressly state otherwise:

  • Only one discount code may be used per order, and discount codes may not be combined with other offers, promotions, or subscription discounts;

  • Discount codes have no cash value, are non-transferable, and may not be redeemed for cash or credit;

  • Discount codes are limited to the time period and conditions specified at issuance, and we may modify, suspend, or terminate any promotion at any time;

  • Offers and promotions are void where prohibited;

  • We may revoke a discount code or refuse to honor an offer if we believe it has been obtained or used fraudulently, in violation of these Terms, or in a manner inconsistent with the spirit of the offer; and

  • Promotions, free shipping thresholds, and similar offers may exclude subscription orders or apply only to subscription orders, as we specify at the time of the offer.

5. Subscriptions and Auto-Renewal

IMPORTANT: BY ENROLLING IN A SUBSCRIPTION, YOU AUTHORIZE OOLA TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL. SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE FREQUENCY DISCLOSED AT CHECKOUT.

Our subscription program is administered by Appstle. The following terms apply to all subscription enrollments and are provided in compliance with the California Automatic Renewal Law and similar state laws.

A. Automatic Renewal

When you enroll in a subscription, you authorize us and our subscription processor to automatically charge your payment method on a recurring basis at the price, frequency, and shipping cadence disclosed at the time you enroll (for example, every 30 days for a 30-day subscription). Your subscription will continue, and your payment method will be charged on each successive billing date, until you cancel.

B. Recurring Charges and Pricing

The amount of each recurring charge is the subscription price disclosed at enrollment, plus applicable taxes and (if any) shipping. Subscription pricing may change from time to time. We will provide you with notice of any change in your subscription price before that change takes effect, and you may cancel before the change applies if you do not agree.

C. Free Shipping

Free shipping is available only on subscription orders, unless we expressly state otherwise. One-time purchases are not eligible for free shipping unless an applicable promotion is in effect.

D. Cancellation

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, FOR ANY REASON, WITHOUT PENALTY. THERE IS NO MINIMUM NUMBER OF SHIPMENTS REQUIRED. To avoid being charged for the next shipment, you must cancel at least 48 hours before your next scheduled billing date. Cancellations are effective for future billing periods and do not affect orders that have already been processed or shipped.

You may cancel by:

  • Logging into your Oola account and managing your subscription;

  • Clicking the cancellation link in any subscription-related email; or

  • Emailing support@oola.com with the subject line "Cancel Subscription" and the email address used for the order.

E. Failed Payments

If your payment method on file is declined, expired, or otherwise fails, we may attempt to retry the charge, contact you to update your payment method, or pause or cancel your subscription. You remain responsible for any amounts owed for Products already shipped.

F. Changes to Subscription Programs

We may add, modify, suspend, or discontinue subscription programs, products, frequencies, or pricing at any time. We will provide notice of material changes that affect your active subscription and an opportunity to cancel before the change takes effect.

6. Shipping and Delivery

We ship only to addresses within the United States. We do not currently ship internationally. We may decline or cancel orders shipped to jurisdictions where the sale or shipment of hemp-derived cannabinoid products is prohibited or restricted, even if those jurisdictions are within the United States. The list of states we can ship to may change as laws and regulations change; the available shipping destinations at the time of checkout govern your order.

Title and risk of loss for Products pass to you upon delivery to the carrier. Estimated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other circumstances beyond our reasonable control.

If a Product is returned to us as undeliverable due to an incorrect or incomplete address you provided, an unclaimed package, or refusal of delivery, we may, at our option, reship the Product (and charge you for additional shipping), refund the purchase price minus shipping and any restocking costs, or cancel the order.

7. Returns, Refunds, and the 30-Day Money-Back Guarantee

30-Day Money-Back Guarantee. If you are not satisfied with your Product, you may request a refund within 30 days of the delivery date. To be eligible, you must contact us at support@oola.com with your order number and reason for return.

A. Eligibility

  • Refund requests must be initiated within 30 days of the delivery date.

  • The 30-day money-back guarantee applies to the first purchase of a Product by a customer; we may, in our discretion, decline to honor the guarantee on repeat purchases of the same Product by the same customer.

  • Subscription orders are eligible for the 30-day money-back guarantee on the first shipment only; subsequent recurring shipments are not eligible for the money-back guarantee but may be cancelled at any time as described in Section 5.

  • You may be required to return the unused portion of the Product before a refund is issued, at our discretion.

B. Return Shipping

You are responsible for return shipping costs unless the return is the result of our error (for example, the wrong Product was shipped) or the Product was defective on arrival.

C. Refunds

Approved refunds are issued to the original payment method only. Please allow 5–10 business days after we process your refund for the credit to appear on your statement, depending on your payment provider. Original shipping charges are non-refundable except where the return is the result of our error.

D. Damaged, Defective, or Incorrect Items

If your Product arrives damaged, defective, or incorrect, contact us at support@oola.com within 7 days of delivery with your order number and photographs of the issue. We will, at our option, replace the Product, issue a refund, or provide store credit.

E. Non-Returnable Items

Gift cards, free promotional items, and items marked as "final sale" are not returnable or refundable.

8. Product Disclaimers; Hemp / THC Notices; Assumption of Risk

READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT WARNINGS ABOUT OUR PRODUCTS AND ALLOCATES RISK BETWEEN YOU AND OOLA.

A. Hemp-Derived Cannabinoids

Our Products contain hemp-derived cannabinoids, including tetrahydrocannabinol (THC) at concentrations of 0.3% or less by dry weight, in compliance with the federal Agriculture Improvement Act of 2018 (the "Farm Bill"). State and local laws regulating the sale, possession, and use of hemp-derived products vary and change over time. By placing an order, you represent and warrant that purchase, possession, and use of the Products is lawful in your jurisdiction.

B. Age Representation

You represent and warrant that you are at least 21 years of age, that you are purchasing Products for your own personal use as an adult, and that you will not provide, sell, or give the Products to any person under 21.

C. Impairment

OUR PRODUCTS MAY CAUSE IMPAIRMENT, DROWSINESS, AND/OR PSYCHOACTIVE EFFECTS. DO NOT DRIVE A MOTOR VEHICLE, OPERATE HEAVY MACHINERY, OR ENGAGE IN ANY ACTIVITY REQUIRING ALERTNESS AFTER USING THE PRODUCTS. EFFECTS VARY BY INDIVIDUAL AND CAN LAST FOR SEVERAL HOURS. KEEP OUT OF REACH OF CHILDREN AND PETS.

D. Drug Testing

Use of our Products may result in a positive result on a drug test for THC or its metabolites, even though our Products contain less than 0.3% THC by dry weight. We make no representations or warranties about the outcome of any drug test. If you are subject to drug testing for any reason, including employment, sport, military service, or legal proceedings, you should consult with the testing entity before using our Products. You assume all risk associated with drug testing.

E. Pregnancy, Nursing, Medical Conditions, and Medications

Do not use our Products if you are pregnant, may become pregnant, or are nursing. If you have a medical condition, are taking any prescription or over-the-counter medication, or have any health concerns, consult with a qualified healthcare provider before using our Products. Discontinue use and consult a healthcare provider if you experience adverse effects.

F. Allergens and Ingredients

Review the ingredient list and product label before using any Product. We are not responsible for adverse reactions resulting from sensitivity or allergy to any ingredient. If you have a known allergy or sensitivity, do not use the Product without first consulting a healthcare provider.

G. FDA Disclosure

Our Products are dietary supplements. Statements regarding our Products have not been evaluated by the U.S. Food and Drug Administration. Our Products are not intended to diagnose, treat, cure, or prevent any disease.

H. Assumption of Risk

YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE, POSSESSION, AND USE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO RISKS RELATED TO IMPAIRMENT, DRUG TESTING, EMPLOYMENT CONSEQUENCES, INTERACTIONS WITH MEDICATIONS, ALLERGIC OR ADVERSE REACTIONS, AND CHANGES IN APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE OOLA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE FOREGOING.

9. Health and Safety; No Medical Advice

The Site, our marketing communications, customer support communications, product packaging, and any third-party content (including reviews) are provided for general informational purposes only and are not medical advice, diagnosis, or treatment. They are not a substitute for professional medical advice from a qualified healthcare provider. Always seek the advice of a qualified healthcare provider with any questions you may have about a medical condition or treatment, and never disregard professional medical advice or delay seeking it because of something you have read on the Site or in our communications. We are not a HIPAA-covered entity, and information you provide to us is not "protected health information" under HIPAA.

10. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation;

  • Misrepresent your identity or age, or use the Services on behalf of any person under 21;

  • Resell, distribute, or otherwise transfer Products purchased from us to any third party for commercial purposes without our prior written consent;

  • Use any robot, scraper, crawler, or other automated means to access the Services, except for publicly available crawlers operating in compliance with our robots.txt file;

  • Reverse engineer, decompile, disassemble, or attempt to derive source code from any portion of the Services;

  • Interfere with or disrupt the Services, our servers, or networks connected to the Services;

  • Attempt to gain unauthorized access to any portion of the Services, accounts, or systems;

  • Use the Services to transmit any malware, virus, worm, or other harmful code;

  • Frame, mirror, or otherwise incorporate any portion of the Services into another website or application without our prior written consent;

  • Use the Services to harvest or collect information about other users;

  • Use the Services to send unsolicited communications, advertisements, or chain letters; or

  • Encourage or assist any third party in doing any of the foregoing.

11. Intellectual Property; License to Use the Services

A. Ownership

The Services and all content made available through the Services — including text, images, photographs, graphics, logos, icons, designs, audio, video, software, source code, product names, packaging, formulations, and the selection, arrangement, and "look and feel" of the Site — are owned by Oola or our licensors and are protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws. "Oola," the Oola logo, "Sleep Ease," "SLEEPEASE," and other product and program names used on the Site are trademarks of Dr. Hank, LLC. All rights not expressly granted to you in these Terms are reserved by Oola and its licensors.

B. Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, publicly display, publicly perform, or create derivative works from the Services or any content made available through the Services, except as expressly permitted by these Terms.

C. Trademarks

You may not use any Oola trademark, service mark, trade dress, logo, or trade name without our prior written consent. Other trademarks, service marks, and logos used on the Services are the property of their respective owners.

D. Feedback

If you provide us with any feedback, suggestions, or ideas about the Services or the Products ("Feedback"), you grant Oola a perpetual, irrevocable, royalty-free, worldwide, fully paid-up, sublicensable, transferable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you.

12. User Content and Reviews; License to Oola

The Services may permit you to submit reviews, ratings, photographs, videos, comments, testimonials, questions, suggestions, social media posts mentioning Oola, and other content (collectively, "User Content"). Reviews on the Site are administered by our reviews provider, Reviews.io. You retain ownership of your User Content, but by submitting User Content (including by posting publicly about Oola on social media using our handles, hashtags, or branded content) you grant us the rights described below.

A. License to Oola

You grant Oola and its affiliates, sublicensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify (including for length and clarity), adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works from, and otherwise exploit your User Content, in whole or in part, in any form, media, or technology now known or later developed, for any purpose, including advertising, marketing, promotional, and commercial purposes, in connection with Oola and our Products and Services, without notice to or compensation, attribution, or approval from you.

You also grant Oola the right to use your name, voice, image, likeness, biographical information, social media handles, and any persona you submit or that appears in your User Content, in connection with the foregoing license, to the maximum extent permitted by law. You waive any moral rights, rights of publicity, and similar rights in your User Content to the extent permitted by law.

B. Your Representations and Warranties

You represent and warrant that:

  • You own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the rights granted in these Terms, including any required releases from any individuals identifiable in your User Content;

  • Your User Content is accurate and not misleading;

  • Your User Content does not violate any law, infringe any third-party intellectual property, privacy, or publicity right, or violate any agreement to which you are bound;

  • Your User Content does not contain any defamatory, obscene, harassing, threatening, hateful, or unlawful material; and

  • If your User Content was submitted in connection with any compensation, free product, affiliate relationship, or other material connection with Oola, you have disclosed that connection clearly and conspicuously, in compliance with the FTC's Endorsement Guides.

C. Removal

We may, but are not obligated to, monitor, edit, refuse, or remove any User Content at any time, in our sole discretion, including User Content that violates these Terms or that we otherwise find objectionable. We are not responsible for any User Content posted by users.

13. Third-Party Services and Links

The Services may contain links to or be integrated with third-party websites, applications, plug-ins, payment processors, advertisers, social media platforms, and other services. Those third parties are not controlled by us, and your use of them is governed by their own terms and privacy policies. We do not endorse and are not responsible for any third-party services, content, products, or practices, and we are not liable for any loss or damage arising from your use of any third-party service.

14. SMS / Text Messaging Program

If you opt in to our SMS / text messaging program, you consent to receive recurring automated marketing and transactional text messages at the mobile number you provide, sent through our SMS provider, Klaviyo. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe. Reply HELP for help. Additional terms applicable to the SMS program (including how we handle SMS opt-in data) are described in our Privacy Policy.

15. Email Marketing

If you provide us with your email address, you consent to receive transactional and (if you opt in) marketing email communications from Oola. You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link in any marketing email. Even if you unsubscribe from marketing, we may continue to send transactional messages such as order confirmations, shipping updates, and account or subscription notices.

16. Disclaimers of Warranties

THE SERVICES, INCLUDING THE SITE, THE PRODUCTS (EXCEPT AS SET FORTH IN ANY EXPRESS WRITTEN WARRANTY ACCOMPANYING A PRODUCT, IF ANY), AND ANY CONTENT, INFORMATION, REVIEWS, OR THIRD-PARTY MATERIAL MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: (A) THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (C) ANY DEFECTS WILL BE CORRECTED; (D) THE SERVICES OR ANY SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY HEALTH, WELLNESS, SLEEP, RELAXATION, OR SIMILAR OUTCOME WILL RESULT FROM USE OF THE PRODUCTS; OR (F) ANY INFORMATION ABOUT THE PRODUCTS PROVIDED BY US OR ANY THIRD PARTY IS COMPLETE OR ACCURATE.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the warranties referenced above are limited and disclaimed to the greatest extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OOLA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "OOLA PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, THE PRODUCTS, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF AN OOLA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE OOLA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO OOLA FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

The exclusions and limitations in this Section apply whether or not any limited remedy in these Terms fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree that the limitations of liability in this Section reflect a reasonable allocation of risk between you and Oola and are an essential basis of our agreement. Without these limitations, the prices of the Products and the terms on which we make the Services available would be substantially different.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH OOLA THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US. IT ALSO WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR HAVE A JURY TRIAL.

A. Informal Dispute Resolution

Before filing a claim against Oola, you agree to first contact us at support@oola.com and provide a written description of your dispute, your contact information, and the relief you are seeking ("Notice of Dispute"). We will try to resolve the dispute informally for at least 60 days after receipt of your Notice of Dispute. If we cannot resolve the dispute within 60 days, either party may proceed to arbitration as set forth below. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal dispute resolution process.

B. Agreement to Arbitrate

Except as provided below, you and Oola agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, the Products, our marketing communications, our advertising, or our relationship (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; whether pre-existing, present, or future; and including disputes arising before the effective date of these Terms) (each, a "Dispute") will be resolved by binding individual arbitration rather than in court, except for the matters listed in Section 18(F). This arbitration agreement is governed by the Federal Arbitration Act and federal arbitration law.

C. Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at adr.org. The arbitration will be conducted by a single neutral arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is unenforceable, except that any dispute about the enforceability of the Class Action Waiver in Section 18(D) will be decided by a court and not the arbitrator. The arbitration will be conducted in English. Unless you and we agree otherwise, the seat of the arbitration will be Davidson County, Tennessee. You may participate in the arbitration in person, by document submission, by telephone, or by video conference, at your option, subject to the AAA Rules.

Each party will bear its own attorneys' fees and costs except as expressly provided by the AAA Rules or applicable law. The arbitrator may award any relief that a court could award, but only on an individual basis, and only to the extent supported by applicable law.

D. Class Action Waiver

YOU AND OOLA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF A COURT DECIDES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE ENTIRETY OF SECTION 18 WILL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS WILL REMAIN IN FORCE.

E. Jury Trial Waiver

YOU AND OOLA EACH WAIVE ANY RIGHT TO A JURY TRIAL ON ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, THE PRODUCTS, OR OUR RELATIONSHIP, WHETHER IN ARBITRATION OR (WHERE PERMITTED) IN COURT.

F. Exceptions

Notwithstanding the foregoing, either party may: (i) bring an individual claim in small claims court located in your county of residence (or any small claims court that has jurisdiction), as long as the action remains in small claims court and is brought only on an individual basis; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property, confidentiality, or proprietary rights; and (iii) take any action permitted by applicable law that cannot validly be the subject of a pre-dispute arbitration agreement.

G. 30-Day Right to Opt Out

You have the right to opt out of the arbitration agreement and class action waiver in this Section 18. To opt out, you must send written notice of your decision to opt out to Dr. Hank, LLC, Attn: Legal — Arbitration Opt Out, 1402 3rd Ave N, Nashville, TN 37208, or by email to support@oola.com with the subject line "Arbitration Opt Out". Your notice must include your name, the email address you used to make any purchase or create your account, and a clear statement that you wish to opt out of arbitration. To be effective, the notice must be sent within 30 days of the date you first accepted these Terms (or, if you are an existing customer, within 30 days of the effective date of any material change to this Section 18). If you opt out, neither you nor Oola may require the other to participate in arbitration, but the other provisions of these Terms (including the class action waiver and jury trial waiver, to the extent enforceable separately) will continue to apply.

H. Survival

This Section 18 will survive any termination of these Terms or your account.

19. Indemnification

You agree to indemnify, defend, and hold harmless the Oola Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services or the Products; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (d) your User Content; (e) any misrepresentation by you (including any misrepresentation about your age, location, or eligibility); (f) your transfer or provision of any Product to a person under 21 or to any other person; or (g) your negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You will not settle any matter without our prior written consent.

20. Termination and Suspension

We may suspend or terminate your access to the Services, your account, and any active subscription at any time, with or without notice, including if we believe you have violated these Terms, applicable law, or engaged in fraudulent, abusive, or otherwise harmful conduct. Upon termination, your right to use the Services will cease immediately. Sections that by their nature should survive termination (including Sections 8, 11, 12, 16, 17, 18, 19, and 25) will survive termination.

21. Changes to the Services and to These Terms

We reserve the right, at any time and without notice, to modify, suspend, or discontinue the Services (or any part of them), including any Product or feature. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

We may also modify these Terms from time to time. When we do, we will post the updated Terms on the Site and update the "Effective Date" and "Last Updated" date at the top. If we make material changes, we will provide additional notice (such as by email or by posting a prominent notice on the Site). Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services. Material changes to Section 18 (Dispute Resolution) will trigger a new 30-day arbitration opt-out period as described in Section 18(G).

22. DMCA / Copyright Complaints

We respect the intellectual property rights of others. If you believe that material accessible on or from the Services infringes your copyright, you may request removal of those materials by submitting a written notification to our designated agent that includes the information required by the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3):

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the material that is claimed to be infringing and where it is located on the Services, with sufficient detail to permit us to locate the material;

  • Your contact information (address, telephone number, and email address);

  • A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and

  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Send DMCA notices to: Dr. Hank, LLC, Attn: DMCA Agent, 1402 3rd Ave N, Nashville, TN 37208, or by email to support@oola.com with the subject line "DMCA Notice." We may, in appropriate circumstances and at our discretion, terminate accounts of users we determine to be repeat infringers.

23. Electronic Communications and Signatures

When you use the Services or send communications to us electronically, you are communicating with us electronically. You consent to receive communications from us electronically — including by email, by text message (where you have opted in), and by the posting of notices on the Site — and you agree that all such electronic communications satisfy any legal requirement that such communications be in writing. You also agree that any electronic acceptance of these Terms (such as by clicking a button labeled "I agree" or by completing a purchase) constitutes a valid signature and creates a binding legal agreement.

24. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including acts of God; fire; flood; earthquake; severe weather; epidemic, pandemic, or public health emergency; war or armed conflict; terrorism; civil unrest; strikes or labor disputes; supply chain disruption; failure of utilities or telecommunications; cyberattack; act, order, or regulation of any governmental authority; or any change in law (each, a "Force Majeure Event"). Our time for performance will be extended for the duration of the Force Majeure Event.

25. Governing Law

These Terms and any Dispute (whether sounding in contract, tort, or otherwise) are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 18 (Dispute Resolution; Binding Arbitration; Class Action Waiver). Subject to Section 18, you and Oola consent to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee, for any matter not subject to arbitration, and waive any objection to such jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

26. Miscellaneous

A. Entire Agreement

These Terms, together with our Privacy Policy and any other policies, rules, or terms expressly incorporated by reference, constitute the entire agreement between you and Oola regarding the Services and the Products and supersede all prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic) between you and Oola regarding the same.

B. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed from these Terms), and the remaining provisions will remain in full force and effect. The Class Action Waiver in Section 18 is governed by its own express severability rule.

C. No Waiver

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing signed by Oola.

D. Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so without consent is void. We may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

E. No Third-Party Beneficiaries

Except as expressly set forth in these Terms, these Terms do not and are not intended to confer any rights or remedies on any person other than you and Oola.

F. Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

G. Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Oola.

H. Statute of Limitations

To the maximum extent permitted by law, any claim arising out of or related to these Terms, the Services, or the Products must be brought within one (1) year after the claim arose; otherwise, the claim is permanently barred.

I. Export and Sanctions Compliance

You represent and warrant that you are not located in, and are not a national or resident of, any country or region subject to U.S. embargo or sanctions, and that you are not on any U.S. government list of restricted parties. You agree not to export, re-export, or transfer any Product or Service in violation of applicable U.S. export control or sanctions laws.

J. Apple Pay, Shop Pay, Google Pay, and Other Third-Party Payment Methods

If you use a third-party payment method or wallet (such as Apple Pay, Shop Pay, Google Pay, PayPal, or Klarna), your use is subject to the third party's terms in addition to these Terms. We are not responsible for the acts, omissions, or terms of those third parties.

K. California Buyers

Pursuant to California Civil Code §1789.3, California users are entitled to know that complaints about the Services may be addressed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Other California-specific subscription disclosures are set forth in Section 5.

27. Contact Us

If you have questions or concerns about these Terms or the Services, please contact us:

Dr. Hank, LLC (d/b/a Oola)

Attn: Legal

1402 3rd Ave N

Nashville, TN 37208

Email: support@oola.com


These Terms of Service are intended as a comprehensive draft for review by qualified legal counsel familiar with hemp / cannabinoid e-commerce, U.S. consumer protection law, the Federal Arbitration Act, the TCPA, and applicable advertising-platform policies. They do not constitute legal advice.