Account & Service Control · Restriction or exception
If you sign up for an organization, you promise you can bind it
"You" means the person using the Services. If you create an account for an employer, company, organization or other entity, "you" covers both you and that entity, and you state that you are authorized to bind the entity to the agreement and that you accept it on its behalf.
Supporting quotations
if you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to “you” in this Agreement includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
Account & Service Control · Restriction or exception
To get a Membership you must pay, create an Account and give accurate information
To use a Membership you must subscribe, pay any applicable Membership Fees as and when due, and create an Account. You agree to give true, accurate and complete information and keep your Account information current. WHOOP also requires a valid credit card or other account information from a valid payment provider it accepts as a condition of signing up for a Membership or other subscriptions, and you must keep your billing information current, complete and accurate. You may not use a username that impersonates another person, that is subject to someone else's rights without authorization, or that is obscene, hateful, racially or ethnically offensive or otherwise inappropriate.
Supporting quotations
2.1. You must pay any applicable subscription fees and open an account to obtain a Membership.
To use a Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) as and when due, and create an account on the Services (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated.
You shall not select or use as a username (i) a name of another person with the intent to impersonate that person; (ii) a name subject to any rights of a person other than yourself without appropriate authorization or (iii) a name that is obscene, hateful, racially or ethnically offensive, or is otherwise inappropriate.
You must provide WHOOP with a valid credit card or other account information from a valid payment provider accepted by WHOOP (each, a “Payment Provider”) as a condition to signing up for a Membership and/or other subscriptions.
You must provide current, complete and accurate information for your billing information.
Qualifications & exceptions
The payment method requirement comes from the Billing section (8.2) and the billing information duty from 8.4.
Account & Service Control · Restriction or exception
You are responsible for everything done under your Account and must report security problems
You are solely responsible for all activities that occur under your Account or password and for keeping your password confidential and secure. You may never use another person's account or registration information without permission. You must notify WHOOP immediately of any security breach or unauthorized use of your Account or password, and you should never publish, distribute or post your login information. You can delete your Account directly; the agreement refers you to the WHOOP Privacy Policy for instructions.
Supporting quotations
You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission.
You agree to notify us immediately of any breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account directly: see the WHOOP Privacy Policy for further instructions.
Qualifications & exceptions
The duty to notify is "immediately" on any breach of security or unauthorized use.
Not stated here
The account deletion instructions are in the WHOOP Privacy Policy, which is not part of this source.
Account & Service Control · Restriction or exception
You must be at least 13, or older if local law sets a higher age, and minors need parental consent
You state that you are at least 13 years old, or the higher minimum age your local law requires. If you are under the legal age to make a binding contract where you live, you may use the Services only with parental consent: your supervising parent or legal guardian is treated as the user under the agreement and is responsible for all activity, and you state that they have reviewed and agreed to the agreement and the Privacy Policy. If you are under 13 or under the higher local age, you may not use the Services under any circumstances. In some countries and jurisdictions WHOOP may set a higher age limit, such as 18, to set up an Account.
Supporting quotations
You represent and warrant that you are at least 13 years of age or the minimum age mandated by the law of your local jurisdiction to use the Services herein if such age is over 13 years of age, provided that if you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and the Privacy Policy. If you are under age 13 or the age mandated by the law of your local jurisdiction to use the Services herein (if over the age of 13), you may not, under any circumstances or for any reason, use the Services.
In some countries and jurisdictions, we may set a higher age limit, such as 18 years of age, to set up an Account.
Qualifications & exceptions
The age threshold is 13 or the age required by local law if that is higher; WHOOP "may" set a higher limit such as 18 in some places.
Parental consent applies to users who are old enough to use the Services but under the legal age to form a binding contract.
Account & Service Control · Restriction or exception
WHOOP can refuse service and change eligibility, and you cannot use the Services where the law prohibits it
WHOOP may, in its sole discretion, refuse to offer the Services to any person or entity and may change its eligibility criteria at any time. You may not access the Services where the agreement or use of the Services is prohibited or restricted, or to the extent that offering, selling or providing the Services conflicts with applicable law, rule or regulation.
Supporting quotations
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
You are not permitted to access the Services where this Agreement or use of the Services is prohibited or restricted, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Account & Service Control · Restriction or exception
If you violate the agreement, your permission to use the Content and Services ends and you must destroy Content copies
If you violate any part of the agreement, your permission to access and use the Content and Services terminates automatically, and you must immediately destroy any copies of the Content you made.
Supporting quotations
If you violate any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Qualifications & exceptions
Termination is automatic on a violation of any part of the agreement.
Not stated here
This sentence does not say how it interacts with the separate termination and refund terms elsewhere in the agreement.
Account & Service Control · Restriction or exception
The Services are for personal use only, not commercial activities, unless WHOOP approves in advance in writing
The Services are provided for personal use only and may not be used in connection with commercial activities, except those WHOOP expressly approves in advance in writing.
Supporting quotations
4.2. The Services are provided for personal use only
The Services are provided to you for personal use only and may not be used in connection with any
commercial activities except those that are expressly approved by WHOOP in advance in writing.
Qualifications & exceptions
Exception: commercial activities expressly approved in advance in writing by WHOOP.
Account & Service Control · Restriction or exception
You may not use the Services unlawfully or use the WHOOP Device for purposes other than the Services
The agreement also expressly prohibits any use of the Services that is unlawful or violates the agreement, and any use of the WHOOP Device for purposes other than the Services.
Supporting quotations
(vii) any use of the Services which is unlawful or in violation of this Agreement, (viii) any use of the WHOOP Device for purposes other than the Services,
Not stated here
The text does not say what counts as a purpose "other than the Services" for the Device.
Account & Service Control · Permission or license
A free Membership lasts for its stated period, and after 6 months WHOOP can change or end it with or without notice
A free Membership continues until the earlier of the end of the free Membership period (or 1 month if no period is stated) or when it is otherwise terminated under the agreement. If a free Membership has lasted longer than 6 months for any reason, WHOOP reserves the right at any time to modify or discontinue it, temporarily or permanently, along with your Account and your access to the Services, with or without notice.
Supporting quotations
If you have obtained a free Membership, your free Membership shall continue until the earlier of (1) the end of the applicable free Membership period (or if no period is stated, 1 month), or (2) when otherwise terminated in accordance with this Agreement.
If your free Membership has lasted longer than 6 months for whatever reason, WHOOP reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice.
Qualifications & exceptions
The 6-month right applies only once a free Membership has lasted longer than 6 months.
Default period is 1 month if none is stated.
Account & Service Control · Restriction or exception
If you do not pay, your Account becomes inactive after three days and new data from your Device may be lost
If any Membership Fees are outstanding, your Account goes into an inactive state three days after non-payment. While inactive you cannot upload data from your WHOOP Device, though you may still be able to access historical data uploaded before it went inactive. When you make appropriate payment the Account is reactivated with full functionality. If your Membership is placed in an inactive state for late payment, there is a risk that data that would otherwise have been collected during that period will not be available on your WHOOP Device or otherwise recoverable.
Supporting quotations
If any Membership Fees due are outstanding, your Account will go into an inactive state three days after non-payment. In this inactive state, you will be unable to upload data from your WHOOP Device. You may, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state.
Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your WHOOP Device. If your Membership has been placed into an inactive state due to late payment of Membership Fees there is a risk that the data that would otherwise have been collected during that period will not be available on your WHOOP Device or otherwise recoverable.
Qualifications & exceptions
Historical data uploaded before inactivity may still be accessible ("may").
Data not uploaded during the inactive period may be unrecoverable.
Account & Service Control · Permission or license
A Free Trial is one month in select countries and may come with a new or pre-owned WHOOP Device
WHOOP may offer a free one-month Free Trial of its Membership to end users in select countries so they can try certain Membership Services before choosing a Membership option. This section sets additional legally binding terms for a WHOOP Trial. During a Free Trial you can use a WHOOP Device and associated access to certain Membership Services. The Device may be new or pre-owned at WHOOP's sole discretion; a pre-owned Device will have been inspected and tested but may have slight cosmetic damage such as minor scratches.
Supporting quotations
WHOOP may offer a free one-month trial period of its Membership to end users in select countries (a “Free Trial” or “WHOOP Trial”) to allow the end user to try certain Membership Services before committing to one of the WHOOP Membership options.
This Section sets forth additional legally binding terms and conditions that govern a WHOOP Trial.
If you select a Free Trial, you will be able to use a WHOOP Device and associated access to certain Membership Services during the Free Trial period. The WHOOP Device included in a Free Trial may be either a new or pre-owned WHOOP Device at the sole discretion of WHOOP. Any pre-owned WHOOP Device provided as part of a Free Trial will have been thoroughly inspected and tested to ensure it is ready for use, but may have slight cosmetic damage such as minor scratches.
Qualifications & exceptions
Offered in select countries only; WHOOP "may" offer it.
Device condition (new or pre-owned) is at WHOOP's sole discretion.
Not stated here
The text does not say which countries are covered or whether the pre-owned Device must be returned.
Account & Service Control · Restriction or exception
Free Trials are only for new end users in select countries
Free Trials are available only to new end users in select countries as shown in the signup process. WHOOP Trials are also subject to the other terms of the agreement and the terms that accompany the offer.
Supporting quotations
Free Trials are only available to new end users in select countries as indicated in the signup process. WHOOP Trials are subject to all other applicable terms and conditions set out in this Agreement and that accompany such offer.
Not stated here
The countries that count as "select countries" are not listed in this text.
Account & Service Control · Restriction or exception
WHOOP does not have to provide Advanced Labs Services until it accepts your order
WHOOP is not obligated to provide the Advanced Labs Services and access to the clinical testing until it accepts your order by a confirmatory email, SMS/MMS message or other appropriate means of communication.
Supporting quotations
WHOOP is not obligated to provide the Advanced Labs Services and access to the clinical testing to you until WHOOP accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
Account & Service Control · Restriction or exception
If your Membership ends, your Test Subscription ends, unused Tests remain usable until expiry, and you cannot buy more
If you cancel your Membership, or it is otherwise terminated, your Test Subscription is also terminated. You can still use any unused Tests until the end of their original 12-month expiration period. After your Membership terminates or expires you cannot buy Tests or Test Subscriptions through your Account. A Membership is required to buy Tests and Test Subscriptions unless WHOOP makes them available without one by an express offer on the WHOOP App or Site, in which case the terms of that offer apply.
Supporting quotations
If you cancel your Membership in accordance with Section 6 above or your Membership is otherwise terminated, your Test Subscription will also be terminated. Following such termination, you will still be able to use any unused Tests until the end of their original 12-month expiration period (i.e. within 12-months of their purchase date). You are not entitled to purchase any Tests or Test Subscriptions through your Account after your Membership terminates or expires.
You must have a Membership in order to purchase Tests and Test Subscriptions unless WHOOP makes them available without a Membership by express offer on the WHOOP App or WHOOP Site, in which case the terms of such express offer apply.
Qualifications & exceptions
Exception to the Membership requirement: an express offer on the WHOOP App or WHOOP Site made without a Membership.
Account & Service Control · Restriction or exception
WHOOP Advanced Labs needs a Membership, is not available everywhere and is not for members under 18 or pregnant members
Your use of WHOOP Advanced Labs is governed by the WHOOP Terms of Use, which include the supplemental terms specific to Advanced Labs. Unless WHOOP indicates otherwise in writing, a WHOOP Membership is required to access Advanced Labs. Advanced Labs and specific features are not available in all regions, and the WHOOP website has the latest availability details. Advanced Labs are not for use by members under 18 or pregnant members.
Supporting quotations
Your use of WHOOP Advanced Labs is governed by the WHOOP Terms of Use, which include the below terms and conditions specific to WHOOP Advanced Labs.
Unless otherwise indicated by WHOOP in writing, a WHOOP Membership is required to access WHOOP Advanced Labs. WHOOP Advanced Labs and specific features of WHOOP Advanced Labs are not available in all regions, see the WHOOP website for the latest availability details. WHOOP Advanced Labs are not for use by members under 18 or pregnant members.
Qualifications & exceptions
Membership requirement applies unless WHOOP indicates otherwise in writing.
Regional availability varies by feature.
Not stated here
The availability list is on the WHOOP website, which is not part of this source.
Account & Service Control · Restriction or exception
If your Membership is cancelled or terminated, your access to the Services ends unless WHOOP says otherwise in writing
If you cancel your Membership under the cancellation section, or it is otherwise terminated, your access to the Services is also terminated, unless WHOOP indicates otherwise in writing.
Supporting quotations
If you cancel your Membership in accordance with Section 6 above or your Membership is otherwise terminated, your access to the Services will also be terminated, unless otherwise indicated by WHOOP in writing.
Qualifications & exceptions
Exception: WHOOP indicates otherwise in writing.
Account & Service Control · Permission or license
WHOOP can change the Services at any time, and for four listed reasons without notice, refund or reimbursement
WHOOP may modify the Services from time to time. It can always change the Services without notification, refund or reimbursement in four cases: to comply with law, regulation, court order or government action; to make technical adjustments and improvements, for example to address a security threat; to update and improve the Services; and to discontinue any feature, component or content, provided the Services generally continue to let you track your recovery, sleep and strain and provide fitness insights and coaching.
Supporting quotations
We may modify the Services from time to time.
We can always change the Services without notification or refund or reimbursement:
to comply with law, regulation, court order, or government action;
to make technical adjustments and improvements, for example to address a security threat;
to update and improve the Services; and
to discontinue any feature or component or content, provided that the Services generally allow you to track your recovery, sleep, and strain, and provide fitness insights and coaching.
Qualifications & exceptions
Discontinuing a feature is allowed provided the Services generally still allow tracking of recovery, sleep and strain and provide fitness insights and coaching.
Account & Service Control · Permission or license
WHOOP can remove content and end your access without prior notice if it decides your content violates the agreement
If WHOOP determines, in its sole discretion, that Your Content violates the agreement or is otherwise inappropriate, it may remove the User Content, end your ability to make that content available, and/or end your access to the Services at any time without prior notice. Any unauthorized use of the Services terminates the licenses WHOOP grants under the agreement.
Supporting quotations
If we determine, in our sole discretion, that Your Content is in violation of this Agreement or is otherwise inappropriate, we may remove such User Content, terminate your ability to Make Available such User Content, and/or terminate your access to the Services at any time, without prior notice. Any unauthorized use of the Services terminates the licenses granted by WHOOP pursuant to this Agreement.
Qualifications & exceptions
Decided in WHOOP's sole discretion; no prior notice required.
Account & Service Control · Company practice
WHOOP does not permit infringement and ends access for repeat or serious first-time infringers
WHOOP does not permit copyright infringing activities or infringement of intellectual property rights in connection with the Services. Its policy is to terminate a member's access to the Services if, in its sole discretion, the member is determined to be a repeat infringer or a serious first-time infringer.
Supporting quotations
We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services. It is WHOOP’s policy to terminate a member’s access to the Services if they are determined to be a repeat infringer or serious first-time infringer in our sole discretion.
Qualifications & exceptions
Determination of "repeat infringer or serious first-time infringer" is in WHOOP's sole discretion.
Account & Service Control · User right or choice
You can ask WHOOP to review a removal decision or report content you think is illegal by emailing legalnotices@whoop.com
If you think WHOOP made a mistake in removing or restricting access to Your Content, you can ask it to review and decide again by contacting legalnotices@whoop.com. If you see content on WHOOP that you think may be illegal or in breach of its policies, you can report it by emailing legalnotices@whoop.com.
Supporting quotations
If you think we have made a mistake in removing or restricting access to Your Content, you can request we review our decision and decide again by contacting us as legalnotices@whoop.com.
If you come across any content on WHOOP that you think may be illegal or in breach of our policies please let us know. To report any content you think might be illegal or not in line with our policies please email us at legalnotices@whoop.com.
Qualifications & exceptions
The text says you can request a review; it does not promise a different outcome or give a response time.
Not stated here
The text does not say how long WHOOP takes to respond to a review request or report.
Account & Service Control · Restriction or exception
Once you request a return, you can no longer use the Account tied to the returned Device
After a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned.
Supporting quotations
Once a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned.
Not stated here
The text does not say whether the Account or its data are deleted or kept after a return.
Account & Service Control · Restriction or exception
Warranty eligibility needs a paid-up Membership, a valid payment method and a Device bought from WHOOP or a reseller
To be eligible for the Limited Warranty you must have an active Membership with no outstanding balance or unpaid fees, have a valid Payment Method on file, and have purchased the WHOOP Device directly from WHOOP or from an Authorized Reseller.
Supporting quotations
To be eligible for the Limited Warranty, you must:
Have an active Membership with no outstanding balance or any unpaid fees; and
Have a valid Payment Method on file; and
Have purchased the WHOOP Device directly from WHOOP or Authorized Reseller.
Qualifications & exceptions
All three conditions are joined by "and".
Account & Service Control · Context
The agreement starts when you accept it and lasts while you use the Services unless ended earlier
The term of the agreement begins on the date you accept it and continues in full force while you use the Services, unless it is terminated earlier under the agreement.
Supporting quotations
The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.
Account & Service Control · Permission or license
WHOOP can end Services at once for breach or legal reasons, or without cause on notice with a prepaid refund
If you have materially breached the agreement, or WHOOP is required by law to do so (for example if providing the Services is or becomes unlawful), WHOOP may immediately and without notice suspend or terminate any Services provided to you. WHOOP also reserves the right to terminate the agreement or your access at any time without cause upon notice to you, and if it does so it will refund you the pre-paid portion of any unused subscriptions for Services. You agree that terminations for cause are made in WHOOP's sole discretion and that WHOOP is not liable to you or any third party for terminating your Account.
Supporting quotations
If you have materially breached any provision of this Agreement, or if WHOOP is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), WHOOP has the right to, immediately and without notice, suspend or terminate any Services provided to you.
WHOOP reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you and in the event we exercise this termination right, we will refund you for any pre-paid portion of any unused subscriptions for Services.
You agree that all terminations for cause are made in WHOOP’s sole discretion and that WHOOP shall not be liable to you or any third party for any termination of your Account.
Qualifications & exceptions
For cause or legal reasons: immediately and without notice.
Without cause: upon notice, with a refund of the prepaid unused portion of subscriptions.
Termination for cause is decided in WHOOP's sole discretion.
Account & Service Control · Restriction or exception
If WHOOP ends your access for violations or inappropriate conduct, you may not re-register under another name
If WHOOP terminates the agreement for cause, or discontinues your Account or access because you violated the agreement or for conduct otherwise deemed inappropriate, you agree not to try to re-register with or access the Services using a different member name or otherwise.
Supporting quotations
If this Agreement is terminated for cause by WHOOP or if your Account or ability to access the Services is discontinued by WHOOP due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.
Account & Service Control · Permission or license
You consent to receive WHOOP's notices and agreements electronically, which count as written communications
Communications between you and WHOOP may take place electronically, whether you visit the Services or email WHOOP, or WHOOP posts notices on the Services or emails you. For contractual purposes you consent to receive communications from WHOOP in electronic form and agree that all terms, agreements, notices, disclosures and other communications WHOOP provides electronically satisfy any legal requirement that they be in writing. This does not affect your statutory rights, including under the US Electronic Signatures in Global and National Commerce Act (E-Sign).
Supporting quotations
The communications between you and WHOOP may take place via electronic means, whether you visit the Services or send WHOOP emails, or whether WHOOP posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from WHOOP in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WHOOP electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Qualifications & exceptions
Your statutory rights, including under E-Sign, are not affected.
Account & Service Control · Restriction or exception
Notices emailed to the address you gave WHOOP count as effective even if they do not reach you
Where WHOOP requires an email address, you are responsible for giving it a valid and current one. If the address is invalid or cannot deliver a notice required by the agreement, WHOOP's sending of the email still counts as effective notice. You may notify WHOOP of changes to your email address at the Section 26 contact address, and that notice is treated as given when WHOOP receives it by letter delivered by nationally recognized overnight delivery or prepaid first class mail.
Supporting quotations
Where WHOOP requires that you provide an email address, you are responsible for providing WHOOP with a valid and current email address. In the event that the email address you provide to WHOOP is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, WHOOP’s dispatch of the email containing such notice will nonetheless constitute effective notice.
You may give notice of any changes to your email address to WHOOP at the address in Section 26 below. Such notice shall be deemed given when received by WHOOP by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Qualifications & exceptions
Effective notice depends on WHOOP sending the email, not on your receiving it.
Your change-of-address notice counts only when WHOOP receives a letter by overnight delivery service or prepaid first class mail.
Account & Service Control · Restriction or exception
WHOOP will support the 4.0 sensor for a time but can end support at its discretion, after which you must upgrade
WHOOP will continue to support your current 4.0 sensor and Membership for a period of time but reserves the right to end support at its discretion. When it does, you will need to upgrade to keep your Membership, with the same upgrade options described above.
Supporting quotations
WHOOP will continue to support your current 4.0 sensor and Membership for a period of time, but reserves the right to end support at its discretion. At such time you will be required to upgrade in order to maintain your Membership. You will have the same upgrade options outlined directly above.
Qualifications & exceptions
The period of continued support is not stated.
Not stated here
The text does not say how long 4.0 sensor support will continue or how much notice WHOOP will give before ending it.