Ottai Terms of Sale

This document contains legally binding terms that significantly affect your rights and obligations. By placing an order, you confirm that you have read, understood and agreed to these Terms of Sale.

You are strongly advised to read at minimum the following key sections in full before purchasing. If any part of these Terms is unclear, or if you are uncertain about your legal rights or obligations, you should seek independent professional advice before placing an order:

Key Sections You Must Review

• Section 4 (Regulatory Status and Compliance Position) - important limitations on regulatory status, CE marking, and absence of destination-country authorisation;
• Section 5 (Purchaser Responsibility for Importation and Use) - your sole responsibility for legality of importation, customs clearance and lawful use in your country or region;
• Section 9 (Customs Clearance and Import Risk) - allocation of all customs, detention, seizure, delay and import-risk consequences to you;
• Section 11 (Returns and Refunds) - limitations and conditions for returns of medical and consumable products;
• Section 12 (Product Defects and Remedies) - limitation of remedies for product issues;
• Section 16 (Limitation of Liability) - exclusion of indirect loss and limitation of liability to the purchase price, to the maximum extent permitted by law;
• Section 20 (Governing Law and Dispute Resolution) - application of PRC law and submission of disputes to CIETAC arbitration in Beijing.

Key Positions Summary

This summary highlights important terms that apply when you purchase Ottai products through our online store, including, without limitation, through Ottai.com (and/or its regional storefronts and sub-domains) and any Ottai-branded Apps. It is provided to help you understand the main points before you place an order. It is not a substitute for the full Terms of Sale. The full Terms of Sale remain legally binding and will prevail if there is any inconsistency, except where mandatory law provides otherwise.

1. Who you are buying from

You are buying from Ottai Technology (Wuxi) Co., Ltd., a supplier based in the People's Republic of China.

2. Personal use only

Products sold through our online store are supplied for your lawful personal, domestic and non-commercial use only. You must not resell, distribute, transfer, supply, repackage, relabel or commercially exploit the Products unless Ottai has expressly agreed in writing.

3. Medical device and no medical advice

Ottai products and related digital services are supplementary tools for glucose data monitoring and management. They do not replace professional medical advice, diagnosis or treatment. Always follow the Product labelling, instructions for use and advice from your healthcare professional. Do not use the website, online store, app or customer support for medical emergencies.

4. Limited compliance commitment

Ottai warrants only that, at the time of dispatch, the Products are manufactured, packaged and exported in accordance with the requirements applicable to Ottai as manufacturer, supplier and exporter in the place of manufacture and export, including applicable PRC requirements. Where expressly stated by Ottai, the relevant Product is covered by applicable EU CE conformity documentation for the indicated intended purpose and within the stated scope and validity period.

5. CE marking is not local approval

CE marking or CE conformity documentation does not mean that the Product is approved, registered, cleared, licensed, reimbursed, importable or permitted for use in your country or region. It also does not mean that customs, health, medical-device, telecommunications, tax or other authorities in your country or region will allow importation, clearance, activation or use.

6. No implied market authorisation

Access to the Ottai website, online store, app, product information, checkout function, payment function, customer support, cloud service, language option, delivery option, order confirmation or shipment notice from or to any country or region does not mean that the Product has been lawfully made available in that country or region.

7. You are responsible for local import and use requirements

Before placing an order, you are responsible for checking whether the Product may lawfully be purchased, imported, cleared through customs, possessed, activated and used by you in your country or region for your intended personal use. This includes checking any personal-import conditions, permits, prescriptions, quantity limits, customs declarations, duties, taxes, local labelling requirements, telecommunications requirements and other local requirements.

8. Cross-border shipment

Unless Ottai expressly states otherwise at checkout, Products are shipped from China or another overseas fulfilment location on a cross-border direct-shipment basis. Unless Ottai expressly agrees otherwise in writing, you act as importer of record for your shipment.

9. Customs, duties and taxes

You are responsible for customs clearance and for all import duties, tariffs, VAT, GST, customs fees, brokerage fees, inspection fees, storage fees, handling fees and other governmental or carrier-imposed charges, unless expressly stated otherwise at checkout. Ottai will use commercially reasonable efforts to provide ordinary supporting documents available to it, such as commercial invoices and available conformity documentation.

10. Customs and regulatory risk

To the maximum extent permitted by law, Ottai is not responsible for delay, inspection, detention, seizure, confiscation, refusal of entry, return to sender, abandonment, destruction, failed delivery or additional charges caused by customs action, import restrictions, local regulatory requirements, your failure to provide information, your failure to pay charges, or your failure to cooperate with clearance requirements. This does not exclude liability that cannot lawfully be excluded, including liability for Ottai's fraud, wilful misconduct, mandatory non-excludable negligence, Product defect, material inaccuracy in documents provided by Ottai, or mandatory consumer rights.

11. Returns and refunds

Returns and refunds are subject to the full Terms of Sale, the applicable Product labelling, any warranty or after-sale policy expressly provided by Ottai at or before purchase, and mandatory consumer law. Because the Products are medical devices, sterile products, sealed health-protection products, sensors or consumables, change-of-mind returns may be refused once Products are opened, unsealed, activated, used, damaged, contaminated or otherwise unsuitable for return for health, hygiene, safety or Product-integrity reasons, unless mandatory law provides otherwise.

12. Product defects and after-sale remedies

Product defects, after-sales remedies, replacement procedures and any applicable warranty period are governed by the applicable Product labelling, the User Manual, any warranty or after-sale policy expressly provided by Ottai at or before purchase. Ottai may require reasonable evidence to assess defect claims, including order details, Product lot or serial number, photographs, app screenshots, error messages, storage conditions and return of the Product where appropriate.

13. PRC law and CIETAC arbitration

The Terms of Sale are governed by the laws of Mainland China. Subject to mandatory rights that cannot lawfully be excluded, disputes will be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing under the CIETAC Arbitration Rules. The arbitration language will be English. The arbitral award will be final and binding.

14. Mandatory rights preserved

Nothing in the Terms of Sale excludes, restricts or modifies any consumer guarantee, product-liability rule, medical-device safety obligation, data-protection right, statutory refund right, withdrawal right, warranty right, regulator complaint right or other mandatory legal right that cannot lawfully be excluded, restricted or modified.

Full Text

These Terms of Sale and Direct Shipment Terms (these "Terms of Sale") apply to purchases of Ottai products through the Ottai website, online store, official online channels, or any other sales channel that links to or incorporates these Terms of Sale.

Please read these Terms of Sale carefully before placing an order. By placing an order, confirming your purchase at checkout, making payment, or accepting delivery of any Product, you acknowledge and agree that these Terms of Sale form a legally binding contract between you and Ottai.

1.1 Contracting Party

These Terms of Sale are entered into between you, as purchaser, customer, user, importer, recipient or consignee of the Products ("you", "your" or the "Purchaser"), and Ottai Technology (Wuxi) Co., Ltd. ("Ottai", "Supplier", "we", "us" or "our").

Ottai is a manufacturer incorporated in the People's Republic of China, with its registration address at Floors 3-4, Building J, Phase II of the International Life Sciences Innovation Park, No. 196, Jinhui East Road, Xinwu District, Wuxi City, Jiangsu Province, People's Republic of China, 214135.

1.2 Products Covered

These Terms of Sale apply to the sale and direct shipment of Ottai continuous glucose monitoring products, sensors, readers, accessories, replacement parts, consumables, product bundles and any other physical products made available for purchase through an Ottai-authorised online channel (collectively, the "Products").

1.3 Relationship with Other Ottai Terms

These Terms of Sale should be read together with:

• (a) the Ottai Terms of Use;
• (b) the Ottai Privacy Policy;
• (c) the applicable Product user manual, instructions for use, labels, warnings, safety notices and field safety notices;
• (d) any product-specific, country-specific or region-specific terms displayed before purchase; and
• (e) formal checkout notices, order confirmations, dispatch confirmations, invoices and other formal sales documents issued by Ottai for the relevant order, provided that no such document or communication amends, supplements or overrides these Terms unless it expressly states that it does so and is issued or approved by Ottai in accordance with Section 21.1.

1.4 Order of Precedence

If there is any inconsistency between the documents listed above:

• (a) Product labels, instructions for use, warnings, safety notices and field safety notices prevail on clinical, safety, intended-use, contraindication, storage, handling, disposal and device-operation matters;
• (b) the Privacy Policy prevails on personal data, health data and data-protection matters;
• (c) these Terms of Sale prevail on order, payment, sale, shipment, importation, customs clearance, delivery, returns, refunds and sale-of-goods matters;
• (d) the Terms of Use prevail on website/app and related services access, accounts, content and acceptable use of the services; and
• (e) mandatory applicable law prevails to the extent it cannot lawfully be excluded, restricted or modified by contract.

1.5 Personal, Non-Commercial Purchases

Products purchased through Ottai's online store are supplied only for lawful personal, domestic and non-commercial use, unless Ottai expressly agrees otherwise in writing.

You must not purchase, import, possess, use, resell, distribute, supply, transfer, export, re-export or otherwise make available any Product for wholesale, retail, marketplace, tender, hospital procurement, insurance reimbursement, commercial, institutional, professional or other non-personal purposes without Ottai's prior written authorisation.

2.1 Age and Capacity

You represent and warrant that you are at least eighteen (18) years old, or the age of legal majority in your jurisdiction, whichever is higher, and that you have full legal capacity to enter into a binding contract.

2.2 Purchase for Another Individual

If you purchase a Product for use by another individual, including a child, dependent, family member, patient or person under your care, you represent and warrant that you have lawful authority to purchase, receive and provide the Product for that individual.

You must ensure that the Product is used only in accordance with the applicable instructions for use, safety information and advice from an appropriately qualified healthcare professional.

2.3 Accuracy of Information

You represent and warrant that all information you provide to Ottai, any carrier, customs broker, payment provider, customs authority, medical-device authority, tax authority or other governmental authority is true, accurate, current and complete.

You are responsible for any delay, failed delivery, customs issue, regulatory issue, tax issue, additional cost or loss caused by inaccurate, incomplete, misleading or outdated information provided by you.

2.4 Personal-Use Representation

You represent and warrant that:

• (a) you are purchasing the Products for lawful personal use only;
• (b) the quantity purchased is consistent with personal use;
• (c) you are not purchasing the Products for resale, redistribution, parallel importation, marketplace sale, tender supply, hospital supply, insurance reimbursement, commercial exploitation or supply to any third party;
• (d) you will not remove, obscure, alter, translate, repackage, relabel or tamper with any Product label, packaging, serial number, lot number, expiry date, safety notice or instructions for use; and
• (e) you will not use the Products in violation of applicable law, Product labelling, Product instructions or medical advice.

Ottai may refuse, limit, suspend or cancel any order that appears inconsistent with personal use.

3.1 Product Information

Product descriptions, images, specifications, package contents, pricing, availability, delivery estimates and other Product information displayed online are provided for general product-identification and purchase purposes.

Ottai may correct errors, inaccuracies or omissions, and may change or update Product information, pricing or availability at any time before a contract of sale is formed.

3.2 Product Labelling Prevails

You must use, store, handle and dispose of the Products strictly in accordance with the applicable Product labelling, user manual, instructions for use, safety notices, expiry date, storage conditions and advice from your healthcare professional.

Online product information, website content, advertising materials, customer-service responses and these Terms of Sale do not replace the Product labelling or professional medical advice.

3.3 No Medical Advice

Ottai does not provide medical advice, diagnosis, treatment, emergency medical services or individual glucose-management recommendations.

The Products and any related digital services are supplementary tools for glucose data monitoring and management. You should consult your physician or other qualified healthcare professional regarding any medical condition, diagnosis, treatment, medication, glucose-management decision or interpretation of glucose data.

3.4 Emergency Disclaimer

Do not rely on the Products, website, online store, app, customer support or data services for emergency medical care.

If you believe you are experiencing a medical emergency, severe hypoglycaemia, severe hyperglycaemia or any other condition requiring urgent medical attention, contact local emergency services or go to the nearest hospital or emergency facility immediately.

4.1 China-Based Supply and Export Basis

Ottai is based in China. Unless expressly stated otherwise at checkout, the Products are supplied from China or another overseas fulfilment location on a cross-border, direct-shipment basis.

Subject to Section 4.7, Ottai warrants only that, at the time of dispatch, the Products are manufactured, packaged and exported in accordance with applicable laws and regulatory requirements that apply to Ottai as manufacturer, supplier and exporter in the place of manufacture and export, including applicable PRC product quality, medical-device manufacturing, customs and export requirements, to the extent such requirements apply to Ottai and the relevant Products.

4.2 CE Conformity

Where expressly stated on the relevant Product page, Product labelling, declaration of conformity, certificate, technical documentation or other official document provided by Ottai, the relevant Product is covered by applicable EU CE conformity documentation for the indicated intended purpose and within the stated scope, conditions, limitations and validity period of such documentation.

4.3 Limits of CE Conformity

CE marking or CE conformity documentation does not constitute approval, registration, clearance, licensing, listing, reimbursement approval, import permission, prescription authorisation, insurance approval, customs approval, telecommunications approval or any other authorisation by any medical-device, health, customs, telecommunications, tax, insurance, reimbursement or other authority in your country or region, except to the extent such recognition is expressly provided by applicable local law.

4.4 No Destination-Country Regulatory Guarantee

Unless Ottai expressly identifies your destination country or region as an authorised market for the specific Product and intended use, Ottai does not represent, warrant or guarantee that the Product:

• (a) is registered, approved, cleared, licensed, notified, listed, reimbursed or otherwise authorised in your destination country or region;
• (b) may be lawfully imported by you;
• (c) may be lawfully possessed, activated, connected, used, prescribed, reimbursed, resold, transferred or supplied by you;
• (d) satisfies local labelling, local-language, prescription, telecommunications, wireless, Bluetooth, data, reimbursement, customs, tax, health-insurance, medical-device or consumer-protection requirements in your destination country or region;
• (e) qualifies under any personal-import, private-use, compassionate-use, patient-use, prescription, small-quantity, exemption or similar pathway in your destination country or region; or
• (f) will be accepted, released, cleared, delivered or permitted for use by any customs, health, medical-device, postal, carrier, telecommunications, tax or other authority.

4.5 No Implied Market Authorisation

Access to the Ottai website, online store, product information, checkout function, payment function, app, account, customer support, cloud service, language option, delivery option, order confirmation, dispatch confirmation or shipment notice from or to any country or region does not mean that any Product has been registered, approved, cleared, licensed, reimbursed, imported, supplied, placed on the market or otherwise lawfully made available in that country or region.

4.6 Order Acceptance and Shipment Not a Regulatory Confirmation

Ottai's acceptance of an order, issuance of an invoice, receipt of payment, dispatch confirmation, shipment arrangement, provision of shipping documents, provision of Product documentation, customer-service response, technical-support response or post-sale support does not constitute:

• (a) legal advice;
• (b) medical advice;
• (c) customs advice;
• (d) tax advice;
• (e) regulatory advice;
• (f) confirmation that the Product may be lawfully imported, cleared, possessed, activated or used in your country or region;
• (g) confirmation that you satisfy any personal-importation or patient-use condition;
• (h) appointment of Ottai as importer, customs broker, tax representative, distributor, local authorised representative, regulatory sponsor, local responsible person, local agent or healthcare provider in your country or region; or
• (i) any warranty, representation, guarantee, waiver, approval, authorisation, amendment, exception or binding commitment beyond the express limited commitments stated in these Terms of Sale, unless expressly stated in a formal written amendment issued or approved by Ottai in accordance with Section 21.1.

4.7 Non-Excludable Obligations

Nothing in these Terms of Sale excludes, restricts or modifies any mandatory legal obligation of Ottai that cannot lawfully be excluded, restricted or modified, or any other liability that cannot lawfully be excluded or limited.

5.1 Your Responsibility Before Ordering

Before placing an order, you are solely responsible for confirming whether the Product may lawfully be purchased, imported, cleared through customs, possessed, activated, connected and used by you in your destination country or region for your intended personal use.

This responsibility includes confirming all requirements relating to:

• (a) medical-device registration, approval, clearance, licence, notification, listing or exemption;
• (b) personal importation, private use, patient use, quantity limits, prescription requirements or healthcare-professional authorisation;
• (c) customs clearance, import declarations, import permits, customs codes and import restrictions;
• (d) duties, tariffs, import taxes, VAT, GST, customs charges, brokerage charges, storage charges, inspection charges and other charges;
• (e) local labelling, local-language instructions, safety information and warnings;
• (f) wireless, Bluetooth, telecommunications or radio-frequency approvals;
• (g) age restrictions, patient-category restrictions, intended-use restrictions or reimbursement restrictions;
• (h) whether local law permits the importation or use of medical devices obtained from overseas by direct shipment; and
• (i) any other law, regulation, order, policy, administrative practice or authority requirement applicable to you, the Product or the shipment.

5.2 Importer of Record

Unless Ottai expressly states otherwise in writing before purchase, you are the importer of record for Products shipped to your destination country or region.

You are responsible for all import declarations, permits, approvals, authorisations, duties, tariffs, taxes, fees, charges, information requests and communications required by customs authorities, carriers, brokers, postal operators, medical-device authorities, health authorities, tax authorities, telecommunications authorities or other governmental authorities.

5.3 No Domestic Market Placement by Ottai

Unless Ottai expressly identifies your destination country or region as an authorised market for the specific Product and intended use, Ottai does not represent that it has placed, made available, supplied, distributed, imported, marketed or commercialised the Product on the domestic market of your destination country or region.

Your purchase is made on a cross-border direct-shipment basis and, unless mandatory law provides otherwise, constitutes an importation by you for your own personal use.

5.4 Your Cooperation

You must promptly provide any information, document, identification, authorisation, prescription, declaration, permit, payment or response reasonably required by customs authorities, carriers, brokers, postal operators, tax authorities, medical-device authorities, health authorities, telecommunications authorities or Ottai in connection with your shipment.

If you fail to cooperate with clearance or delivery requirements, Ottai may treat the shipment as undeliverable or failed due to purchaser fault, subject to mandatory law.

5.5 Overseas Import and Regulatory Acknowledgement

Where the Products are shipped to, accessed from, imported into, possessed in, activated in or used in any country or region outside the place from which Ottai dispatches the Products, you acknowledge that medical-device regulation, personal-importation rules, customs clearance requirements, prescription requirements, quantity limits, local-language labelling requirements, telecommunications or wireless requirements, tax obligations, consumer rights and other regulatory requirements vary by jurisdiction.

Unless Ottai expressly identifies your destination country or region as an authorised market for the specific Product and intended use, Ottai does not represent, warrant or guarantee that the Product is registered, approved, cleared, licensed, notified, listed, reimbursed, importable, eligible for personal importation, or permitted for possession, activation, connection or use in your country or region.

Ottai's acceptance of your order, shipment of the Product, provision of Product information, provision of CE conformity documentation, customer-support response, technical-support response or post-sale support does not constitute legal, customs, tax, medical or regulatory advice, and does not confirm that the Product may be lawfully imported, cleared, possessed, activated, connected or used in your destination country or region.

5.6 Local Professional Advice

You should obtain your own legal, customs, tax, regulatory and medical advice where necessary. Ottai, its customer-support personnel, technical-support personnel, sales personnel, carriers and other service providers are not authorised to advise on whether personal importation, possession, activation, connection or use of the Products is lawful in your destination country or region, and you must not rely on any informal communication as such advice.

6.1 Order as Offer

Your order constitutes an offer to purchase the Products identified in your order, subject to these Terms of Sale.

6.2 Contract Formation

A contract of sale is formed only when Ottai issues a dispatch confirmation for the ordered Products, unless mandatory law provides otherwise.

An order confirmation, order number, checkout confirmation, payment authorisation or receipt of payment does not by itself constitute acceptance of your order.

6.3 Right to Refuse or Cancel Before Dispatch

Ottai may refuse, reject, suspend or cancel any order before dispatch for any lawful reason, including where:

• (a) the Product is unavailable;
• (b) the price, description, specification or listing contains an error;
• (c) payment is not received, is reversed or fails compliance checks;
• (d) fraud, misuse, false information or unauthorised activity is suspected;
• (e) the order quantity is inconsistent with personal use;
• (f) the destination is not served by Ottai or the carrier;
• (g) the order may breach export controls, sanctions or restricted-party rules;
• (h) the order may violate or create risk under medical-device, import, customs, health, telecommunications, tax, consumer or other regulatory requirements;
• (i) Ottai reasonably requires additional information from you and you do not provide it;
• (j) Ottai reasonably believes that fulfilling the order may create compliance, safety, legal, reputational or operational risk; or
• (k) Ottai is required or requested by a carrier, payment provider, customs authority, regulator, governmental authority or law-enforcement authority to suspend, refuse or cancel the order.

If Ottai cancels an order before dispatch after receiving payment, Ottai will refund the amount paid for the cancelled order, subject to payment-provider processing time, compliance checks and mandatory law.

6.4 Right to Hold, Redirect or Stop Shipment

After dispatch, Ottai may request the carrier to hold, redirect, return, stop or suspend delivery of a shipment where Ottai reasonably believes that delivery may violate applicable law, sanctions, export controls, medical-device requirements, customs requirements, safety requirements, Product restrictions or any governmental authority request.

Refunds, if any, will be handled in accordance with these Terms of Sale and mandatory law.

7.1 Prices

Product prices are displayed at checkout. Prices may change from time to time, but changes will not affect orders for which Ottai has issued a dispatch confirmation, except where the displayed price was manifestly incorrect and Ottai is legally permitted to cancel the order.

7.2 Payment

You must pay the full purchase price, shipping charges and any other charges displayed at checkout using an accepted payment method.

Ottai may use third-party payment processors and may refuse, suspend or cancel orders if payment is not authorised, is reversed, is suspected to be fraudulent, fails compliance checks, or cannot be processed lawfully.

7.3 Import Duties and Taxes

Unless expressly stated at checkout, Product prices and shipping charges do not include import duties, tariffs, VAT, GST, customs fees, brokerage fees, inspection fees, storage fees, handling fees, postal charges or other governmental or carrier-imposed charges payable in your destination country or region.

You are responsible for paying all such amounts.

7.4 Currency and Bank Charges

You are responsible for any currency-conversion charges, foreign-transaction fees, bank charges, payment-provider charges or exchange-rate differences imposed by your bank, card issuer, payment provider or financial institution.

8.1 Cross-Border Direct Shipment

Unless expressly stated otherwise at checkout, Products are shipped from China or another overseas fulfilment location on a cross-border direct-shipment basis.

8.2 Delivery Estimates

Delivery dates, shipping timelines and customs-clearance timelines are estimates only.

Ottai is not liable for delay caused by carriers, customs inspection, import restrictions, governmental action, regulatory action, force majeure events, your failure to provide information, your failure to pay charges, your failure to cooperate with clearance, or any event beyond Ottai's reasonable control, subject to mandatory law.

8.3 Split Shipments

Ottai may ship Products in multiple packages or shipments. Each shipment may be subject to separate carrier, customs, tax, import or regulatory procedures.

8.4 Delivery Address and Contact Information

You are responsible for providing accurate and complete delivery address, contact, identification, tax, customs-clearance and consignee information.

Ottai is not responsible for failed delivery, delay, additional charges, return, seizure, confiscation, disposal or loss caused by inaccurate, incomplete or outdated information provided by you.

8.5 Title

Title to the Products passes to you only after Ottai has received payment in full for the relevant Products.

8.6 Risk

Risk of physical loss of or damage to the Products passes to you upon delivery to you or your designated recipient, except to the extent mandatory law provides otherwise.

Where a shipment is delayed, detained, returned, abandoned, destroyed, confiscated, refused or not delivered because of customs action, import restrictions, regulatory requirements, inaccurate information provided by you, your failure to provide information, your failure to pay charges, your failure to cooperate with clearance, your refusal to accept delivery, your absence at delivery, or any matter within your responsibility under these Terms of Sale, the resulting loss, cost and delay will be your responsibility to the maximum extent permitted by applicable law.

9.1 Customs Clearance

You are responsible for customs clearance in your destination country or region.

Ottai will use commercially reasonable efforts to provide Product documentation and shipping documents that are ordinarily available to Ottai and reasonably necessary for customs-clearance purposes upon written request, such as commercial invoices, Product descriptions, country-of-origin information and available conformity documentation.

9.2 No Guarantee of Clearance

Ottai does not guarantee that customs authorities, carriers, brokers, medical-device authorities, health authorities, postal operators, tax authorities, telecommunications authorities or other authorities will accept the documentation provided, release the shipment, permit importation, permit activation, permit use, refund duties or taxes, or allow delivery.

9.3 Customs and Regulatory Events

To the maximum extent permitted by applicable law, Ottai is not responsible for any delivery delay, inspection, detention, seizure, confiscation, refusal of entry, return to sender, abandonment, destruction, failed delivery, additional duty, tax, fee, storage cost, broker charge, carrier charge or other loss arising from:

• (a) customs inspection or clearance procedures;
• (b) import restrictions or prohibitions;
• (c) local medical-device, health, customs, tax, telecommunications, consumer or other regulatory requirements;
• (d) a determination by any authority that the Product may not be imported, possessed, activated, connected or used;
• (e) your failure to provide information, documents, identification, permits, prescriptions or declarations;
• (f) your failure to pay duties, taxes, tariffs, storage fees, brokerage fees or other charges;
• (g) your failure or delay in communicating with customs, carriers, brokers or authorities;
• (h) inaccurate, incomplete or misleading information provided by you;
• (i) quantities inconsistent with personal use;
• (j) attempted resale, distribution or transfer by you;
• (k) your breach of these Terms of Sale or applicable law; or
• (l) any event outside Ottai's reasonable control.

This limitation does not apply to the extent the relevant event is caused by Ottai's fraud, wilful misconduct, mandatory non-excludable negligence, material inaccuracy in documentation provided by Ottai, Product defect, breach of mandatory consumer rights, or any liability that cannot lawfully be excluded or limited.

9.4 Return, Abandonment or Destruction by Authorities

If a shipment is returned to Ottai by customs, the carrier, a broker or any authority, Ottai may, to the maximum extent permitted by applicable law, deduct from any refund the original shipping charges, return shipping charges, customs charges, duties, taxes, storage fees, brokerage fees, payment-provider charges, handling charges, restocking costs and any other costs incurred because of the failed importation or delivery.

If a shipment is confiscated, destroyed, abandoned or not returned to Ottai, Ottai is not required to refund the Product price or shipping charges to the extent the event is caused by matters within your responsibility under these Terms of Sale, subject to mandatory law.

10.1 Proper Use

You must use, store, handle and dispose of the Products strictly in accordance with the Product labelling, user manual, instructions for use, expiry date, storage conditions, safety notices and applicable law.

10.2 Compatibility

Certain Products may require a compatible mobile device, operating system, app version, Bluetooth functionality, internet connection, cloud service, software update or other technical requirement.

You are responsible for checking compatibility information before purchase. Ottai does not guarantee that the Products or related app will be compatible with all devices, systems, networks or software.

10.3 Unauthorised Modifications and Third-Party Products

You must not modify, tamper with, reverse engineer, misuse, repackage, relabel, resell, combine with unauthorised third-party products, or use the Products with unauthorised third-party apps, algorithms, devices or accessories.

Ottai is not responsible for damage, inaccurate readings, data loss, injury, malfunction or other loss caused by unauthorised modification, misuse or third-party products, to the maximum extent permitted by law.

11.1 Mandatory Consumer Rights Preserved

Nothing in these Terms of Sale excludes, restricts or modifies any statutory return, refund, withdrawal, cooling-off, consumer-guarantee, product-liability or warranty right that cannot lawfully be excluded, restricted or modified.

11.2 Change-of-Mind Returns

Except where mandatory law provides otherwise, Ottai does not accept change-of-mind returns for Products that are medical devices, sterile products, sealed health-protection products, sealed hygiene products, sensors, consumables or products unsuitable for return for health, hygiene, safety or Product-integrity reasons once unsealed, opened, used, activated, damaged, tampered with or removed from protective packaging.

11.3 Cooling-Off or Withdrawal Rights Where Applicable

Where you are legally entitled to a statutory withdrawal, cancellation or cooling-off right for an eligible online purchase, you may exercise that right within the mandatory period in a manner prescribed by applicable law.

Unless mandatory law provides otherwise, you may lose the right of withdrawal or return for sealed goods that are not suitable for return for health-protection or hygiene reasons once unsealed after delivery.

Products that have been opened, unsealed, activated, applied, used, damaged, tampered with, contaminated, or otherwise made unsuitable for resale or safe handling may be refused for return to the extent permitted by law.

11.4 Return Authorisation Required

Before returning any Product, you must contact Ottai or use the return process designated by Ottai to obtain return authorisation and instructions.

Unauthorised returns may be refused, delayed or returned to you, subject to mandatory law.

11.5 Return Condition

Returned Products must be sent back in their original condition, original packaging and complete package contents, including accessories, manuals, protective materials and proof of purchase, unless the return relates to a defect or mandatory legal remedy and applicable law provides otherwise.

11.6 Return Shipping and Import Costs

Unless mandatory law provides otherwise or Ottai expressly agrees otherwise, you are responsible for return shipping charges, import/export charges, duties, taxes, customs fees, brokerage fees and other charges associated with returning Products.

Ottai is not responsible for returned Products lost or damaged in transit unless Ottai arranged the return carrier and mandatory law imposes responsibility on Ottai.

11.7 Refund Timing

Where a refund is due, Ottai will process the refund using the original payment method where reasonably possible.

Refund timing may depend on payment providers, banks and compliance checks. Ottai may deduct permitted charges, costs or value reductions to the extent allowed by applicable law.

12.1 After-sale Remedies

Product defects, after-sales remedies, replacement procedures and any applicable warranty period are governed by these Terms of Sale, the applicable Product labelling, the User Manual, and any warranty or after-sales policy expressly provided by Ottai at or before purchase.

12.2 Inspection and Evidence

To assess a defect claim, Ottai may require reasonable information and evidence, including order number, Product serial number or lot number, photographs, app screenshots, error messages, usage information, storage conditions, return of the Product, or other information reasonably necessary for quality investigation, complaint handling, regulatory reporting or remedy assessment.

12.3 Exclusive Remedies

To the maximum extent permitted by applicable law and subject to mandatory consumer rights, Ottai's remedies for a Product defect or after-sales claim are limited to repair, replacement, credit or refund as determined by Ottai or as required by mandatory law.

12.4 Exclusions

To the maximum extent permitted by applicable law, warranty remedies do not apply to issues caused by:

• (a) misuse, abuse, negligence or accidental damage;
• (b) use outside the instructions for use;
• (c) improper storage, handling, transportation or disposal after delivery;
• (d) use after expiry;
• (e) unauthorised modification, repair, tampering, relabelling, repackaging or resale;
• (f) use with unauthorised third-party apps, accessories, algorithms, devices or systems;
• (g) incompatible mobile devices, operating systems, networks or software;
• (h) failure to follow medical advice, safety notices or user instructions;
• (i) normal consumable depletion; or
• (j) circumstances outside Ottai's reasonable control.

13.1 Product Complaints

You should promptly report suspected Product defects, malfunctions, adverse events, unexpected performance issues or safety concerns to Ottai through the support channel designated by Ottai.

13.2 Information for Investigation

You agree to provide reasonable cooperation for Product quality investigation, complaint handling, vigilance reporting, safety assessment, recall or field safety corrective action, including providing relevant Product information, lot number, serial number, usage details and supporting materials.

13.3 Safety Notices and Field Actions

Ottai may issue safety notices, software updates, labelling updates, replacement instructions, recall notices, field safety corrective actions or other communications relating to Product safety or performance.

You agree to review and follow such communications promptly.

14.1 Restricted Persons and Territories

You represent and warrant that you are not located in, ordinarily resident in, organised under the laws of, or acting on behalf of any person or entity located in, any country, region or territory subject to comprehensive trade sanctions, and that you are not listed on any applicable restricted-party, denied-party, sanctions or export-control list.

14.2 Prohibited Transfers and Uses

You must not export, re-export, transfer, resell, supply or make available the Products in violation of applicable sanctions, export controls, customs laws, medical-device laws or other applicable laws.

You must not use the Products for any prohibited end use.

14.3 Compliance Checks

Ottai may screen orders, purchasers, recipients, payment information and destinations for sanctions, export-control, fraud, regulatory and compliance purposes.

Ottai may refuse, suspend, cancel, hold or report orders where required or permitted by applicable law or internal compliance policies.

15.1 No Additional Warranties

Except for the express limited commitments stated in these Terms of Sale, the applicable Product labelling, and any mandatory non-excludable warranties or guarantees under applicable law, the Products are supplied without any additional warranty, representation or guarantee.

15.2 No Warranty of Local Importability or Use

Without limiting the above, Ottai does not warrant or guarantee that the Products may be lawfully imported, cleared through customs, possessed, activated, connected, used, reimbursed, prescribed, resold, transferred or supplied in your destination country or region, unless Ottai expressly identifies that country or region as an authorised market for the specific Product and intended use.

15.3 No Warranty of Uninterrupted Digital Functionality

Product use may depend on app availability, compatible devices, internet access, Bluetooth functionality, cloud services, software updates, third-party platforms and local connectivity.

Ottai does not guarantee uninterrupted or error-free operation of digital features, except to the extent required by mandatory law.

16.1 Exclusion of Indirect Loss

To the maximum extent permitted by applicable law, Ottai is not liable for indirect, incidental, special, consequential, punitive or exemplary damages, loss of profits, loss of business, loss of opportunity, loss of data, loss of goodwill, loss of anticipated savings, or losses arising from customs delay, regulatory action, import refusal, seizure, detention, confiscation, return, destruction, failed delivery, personal-import ineligibility or your failure to comply with local law.

16.2 Liability Cap

To the maximum extent permitted by applicable law and subject to Section 16.3, Ottai's aggregate liability arising out of or relating to any order, Product or these Terms of Sale is limited to the amount actually paid by you for the specific Product giving rise to the claim.

16.3 Non-Excludable Liability

Nothing in these Terms of Sale excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by non-excludable negligence, mandatory product-liability obligations, mandatory consumer guarantees, mandatory data-protection rights, or any other liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Ottai, its affiliates, directors, officers, employees, agents, service providers and licensors from and against any claims, liabilities, damages, penalties, fines, losses, costs and expenses, including reasonable legal fees, arising out of or relating to:

• (a) your breach of these Terms of Sale;
• (b) inaccurate, incomplete or misleading information provided by you;
• (c) your unlawful importation, possession, activation, use, resale, transfer, distribution or supply of the Products;
• (d) your failure to obtain required permits, approvals, prescriptions, authorisations or clearances;
• (e) your failure to pay duties, taxes, tariffs, storage charges, brokerage fees or other charges;
• (f) your failure to cooperate with customs, carriers, brokers, authorities or Ottai;
• (g) your misuse, modification, tampering, relabelling, repackaging or unauthorised resale of the Products;
• (h) your violation of sanctions, export controls, medical-device laws, customs laws, tax laws, telecommunications laws, consumer laws or other applicable laws; or
• (i) your violation of any third-party rights.

This indemnity does not apply to the extent the relevant claim is caused by Ottai's fraud, wilful misconduct, mandatory non-excludable negligence, Product defect, material inaccuracy in documentation provided by Ottai, or other liability that cannot lawfully be excluded or limited.

Ottai is not responsible for any failure or delay in performing its obligations caused by events beyond its reasonable control, including natural disasters, extreme weather, epidemics, pandemics, war, civil unrest, labour disputes, transportation disruption, carrier failure, customs action, governmental action, regulatory action, import restrictions, export restrictions, sanctions, power failures, telecommunications failures, cyber incidents, supplier failures or other events beyond Ottai's reasonable control.

Ottai may update these Terms of Sale from time to time.

The version applicable to your order is the version presented or linked at the time you place the order, unless mandatory law provides otherwise. Updated Terms of Sale will apply to future orders after their effective date.

PRC Law

These Terms, any order, any Product sale, and any dispute, controversy, difference or claim arising out of or relating to these Terms, any order, any Product, the website, the online store, the app or any related services shall be governed by and construed in accordance with the laws of the People's Republic of China.

For the purposes of these Terms, "laws of the People's Republic of China" or "PRC law" means the laws of Mainland China only, and does not include the laws of Hong Kong SAR, Macao SAR or Taiwan, or any conflict-of-law rules that would require the application of any other law.

20.1 CIETAC Arbitration

Subject to any mandatory rights that cannot lawfully be excluded, any dispute, controversy, difference or claim arising out of or relating to these Terms, any order, any Product, the website, the online store, the app or any related services, including any question regarding the existence, validity, interpretation, performance, breach, termination or enforceability of these Terms, shall be submitted to the China International Economic and Trade Arbitration Commission ("CIETAC") for arbitration.

The arbitration shall be conducted in accordance with the CIETAC Arbitration Rules in force at the time of applying for arbitration. The seat and place of arbitration shall be Beijing, People's Republic of China. The arbitral tribunal shall consist of one arbitrator, unless CIETAC determines otherwise in accordance with its rules. The language of the arbitration shall be English, unless CIETAC or the arbitral tribunal determines otherwise. The arbitral award shall be final and binding on both parties.

20.2 Interim and Protective Relief

Nothing in these Terms prevents Ottai from seeking interim, injunctive, conservatory, protective or equitable relief before any court or authority of competent jurisdiction where such relief is necessary to protect Ottai's intellectual property, confidential information, Product safety, regulatory position, payment rights, evidence, assets, goodwill or legal rights.

20.3 Mandatory Consumer and Regulatory Rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, product-liability rule, medical-device safety obligation, data-protection right, statutory refund right, withdrawal right, regulator complaint right, customs right, public-law right or other mandatory legal right that cannot lawfully be excluded, restricted or modified by contract.

Nothing in this section prevents you from filing a complaint with a competent consumer, customs, medical-device, health, data-protection or other regulator, or from bringing a claim before a forum where such right cannot lawfully be excluded under applicable mandatory law.

20.4 CISG Exclusion

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, any order or any sale of Products.

21.1 Entire Agreement

These Terms of Sale, together with any terms, notices, Product labelling, instructions for use, checkout terms, order confirmation and dispatch confirmation expressly provided by Ottai for your purchase, constitute the entire agreement between you and Ottai regarding that purchase and supersede all prior or contemporaneous communications, understandings, proposals and representations.

No marketing material, website content, FAQ, support article, social-media content, customer-service message, sales communication, oral statement or other informal communication will amend, supplement or override these Terms of Sale, or constitute any additional warranty, waiver, authorisation, advice or binding commitment by Ottai.

Ottai's customer-support, technical-support, sales, logistics and operational personnel may provide general assistance, but they are not authorised to waive or vary these Terms of Sale, confirm local regulatory approval or importability, approve resale or commercial use, or create any additional obligation on behalf of Ottai, unless expressly confirmed in a formal written amendment issued by Ottai.

21.2 Severability

If any provision of these Terms of Sale is found invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

21.3 No Waiver

Ottai's failure or delay in exercising any right or remedy does not constitute a waiver of that right or remedy.

21.4 Assignment

You may not assign or transfer your rights or obligations under these Terms of Sale without Ottai's prior written consent.

Ottai may assign or transfer its rights or obligations to an affiliate or successor, or in connection with a merger, restructuring, acquisition, financing, sale of assets or transfer of business, subject to applicable law.

21.5 Notices

Ottai may send notices to you by email, website posting, account notification, order notification, shipment notification, app notification or any other reasonable electronic means. You agree that electronic notices and records satisfy any legal requirement that communications be in writing, to the maximum extent permitted by law.

Notices to Ottai may be sent to: legal@service.ottai.com, unless Ottai designates a separate support, legal, complaint or Product-safety contact.

21.6 Language

Where these Terms of Sale are provided in multiple languages, the English version prevails to the maximum extent permitted by applicable law.

21.7 Survival

The provisions that by their nature should survive completion, cancellation, termination or expiry shall survive, including Sections relating to regulatory status, purchaser responsibility, import and regulatory acknowledgement, customs and importation, payment obligations, title, risk, Product complaints, safety actions, disclaimers, limitation of liability, indemnity, governing law, dispute resolution and miscellaneous provisions.