You get a limited personal license to the Content and AI Technology while your Membership is active
Subject to the agreement and your active, valid Membership, WHOOP grants you a worldwide, non-exclusive, non-sublicensable, non-transferable limited license to access and use the Content and to use the AI Technology provided as part of the Services. The license excludes AI Technologies that are External Services, extends only as far as your Membership or other subscribed Services include them as described at purchase, and is only for your personal use.
Supporting quotations
Subject to this Agreement and your active and valid Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license solely to (i) access and use the Content and (ii) use the AI Technology provided as a part of the Services (other than AI Technologies that are External Services), solely, in each case, to the extent included in your Membership or other Services you are subscribed to, as described at the time of such purchase and solely for your personal use of the Services.
Qualifications & exceptions
Requires an active and valid Membership.
Limited to what your Membership or other subscribed Services include, as described at the time of purchase.
Excludes AI Technologies that are External Services.
Personal use only.
Content & IP Rights · Permission or license
You get a revocable license to use the WHOOP App on one mobile device you own or control, with store-specific rules
If you comply with the agreement, WHOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use one copy of the WHOOP App on a single mobile device that you own or control, solely for your own personal use. If you get the App from the Apple App Store, you may use it only on an Apple-branded product running iOS and as permitted by the Usage Rules in the Apple App Store Terms of Service. If you get it from Google Play, you may have additional license rights to use it on a shared basis within your designated family group.
Supporting quotations
Subject to your compliance with the Agreement, WHOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the WHOOP App on a single mobile device that you own or control and to run such copy of the WHOOP App solely for your own personal use.
you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
with respect to any WHOOP App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
Qualifications & exceptions
Conditional on compliance with the agreement and revocable.
Apple App Store version: Apple-branded iOS products only, subject to the Apple Usage Rules.
Google Play version: may have additional family-group sharing rights.
Not stated here
The Apple Usage Rules and Google Play family-group terms are third-party terms that are not part of this source.
Content & IP Rights · Permission or license
Software on the WHOOP Device is licensed to you for personal use, with open source terms available on request
Software other than the WHOOP App that is made available through the Services, including the software embedded in the WHOOP Device, is governed by the agreement. If you comply, WHOOP grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use it only to enable your use of the Services in the permitted manner and only for personal use. Some Software may be offered under open source licenses, which WHOOP will make available on request, and those licenses may expressly override some of these terms.
Supporting quotations
Subject to your compliance with this Agreement, WHOOP grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement, solely for your personal use.
Some Software may be offered under open source licenses that we will make available to you upon your request. There may be provisions in the open source licenses that expressly override some of these terms.
Qualifications & exceptions
Conditional on compliance and revocable.
Open source license provisions may override some of these terms.
Not stated here
The text does not identify which Software is under open source licenses.
Content & IP Rights · Restriction or exception
You may not sell, rent, copy, republish or commercially exploit the Services without WHOOP's written permission
You may not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute or otherwise commercially exploit any of the Services without WHOOP's prior written permission. You also may not use, copy, display, download, post, republish, store or transmit any part of the Services, including Content, for any purpose other than what the agreement expressly allows or WHOOP approves in writing.
Supporting quotations
You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute, or otherwise commercially exploit any of the Services except with our prior written permission.
You shall not use, copy, display, download, post, republish, store, or transmit in any form and by any means, any part of the Services, including any Content, for any purpose other than as expressly permitted in this Agreement or with our prior written permission.
Qualifications & exceptions
Exception: uses the agreement expressly permits, or uses with WHOOP's prior written permission.
Content & IP Rights · Restriction or exception
WHOOP and others own the Services and Content; you get only the limited rights the agreement grants
The Services may be owned by WHOOP or provided through arrangements with others, including other users, licensors, partners, sponsors or affiliates. They are protected by intellectual property rights such as patent, trademark, copyright and database rights, and unauthorized use may infringe those rights. Other than your rights in your User Content, you have no rights in the Content or the Services beyond the limited rights and licenses the agreement expressly sets out, and no other use is allowed without prior written consent from WHOOP or the owner of the Content or Services.
Supporting quotations
The Services may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates.
The Services are protected by intellectual property rights, including, for example, patent, trademark, copyright, and database rights. Unauthorized use of the Services may infringe such intellectual property rights and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content or other Services other than the limited rights and licenses as expressly set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content or Services.
Qualifications & exceptions
Your rights in User Content are the stated exception.
Not stated here
"User Content" is defined elsewhere in the agreement; its license to WHOOP is covered in the section on your own content.
Content & IP Rights · Restriction or exception
WHOOP and third-party trademarks may not be used without permission
"WHOOP" and its stylizations, graphics, logos, service marks and trade names are WHOOP trademarks and may not be used without permission in connection with your or anyone else's products or services. Other company, product and service names shown on the Services may be trademarks of others; using the Services gives you no license to use them, and they may not be used to disparage the owner or its products or services, or in any way that, in WHOOP's reasonable judgement, may damage goodwill in them.
Supporting quotations
“WHOOP” and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of WHOOP and may not be used without permission in connection with your, or any third-party’s, products or services.
Your use of the Services does not grant you, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner which, in our reasonable judgement, may damage any goodwill in the Third-Party Trademarks.
Content & IP Rights · Restriction or exception
You may not harvest user contacts, scrape WHOOP Services or harm their operation
Among the activities the agreement expressly prohibits, and to which your rights and licenses are subject, are collecting other users' usernames or email addresses to send unsolicited messages; any use that may harm or degrade the reliability, speed or operation of the Services or underlying hardware or software, for example by introducing malware, hacking or bypassing security; and web scraping, harvesting or data extraction from WHOOP Services even if the Account owner gives permission. The only exception stated is a revocable permission for operators of public search engines to use spiders to copy materials from the Website solely to create publicly available searchable indices, but not caches or archives.
Supporting quotations
The following activities are expressly prohibited and the rights and licenses under this Agreement are subject to these restrictions:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security;
(iii) use of web scraping, web harvesting, or web data extraction methods from WHOOP Services even if the Account owner gives permission (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
Qualifications & exceptions
Scraping is prohibited even with the Account owner's permission.
The search engine exception covers the Website only, is revocable, and excludes caches and archives.
Content & IP Rights · Restriction or exception
You may not reverse engineer the Services, frame them, use WHOOP's name as hidden text, or remove copyright notices
Also expressly prohibited are using metatags or other hidden text that uses WHOOP's name or trademarks; modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling or reverse engineering the Services, including any Software, except to the extent applicable law expressly prohibits that restriction; using framing techniques to enclose any trademark, logo or other part of the Services; and removing or destroying copyright notices or other proprietary markings on or in the Services.
Supporting quotations
(iv) using any metatags or other “hidden text” using WHOOP’s name or trademarks; (v) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, or reverse engineering the Services, including any Software, except to the extent this restriction is expressly prohibited by applicable law; (vi) framing or utilizing framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form);
and (ix) removing or destroying any copyright notices or other proprietary markings contained on or in the Services.
Qualifications & exceptions
The reverse engineering ban does not apply to the extent applicable law expressly prohibits the restriction.
Content & IP Rights · Restriction or exception
You are responsible for Your Content, which can include lab results, and use other users' content at your own risk
This section uses "Content" more broadly than the earlier paragraph about material WHOOP makes available: it covers any information, data, text, software, media or other materials accessible through the Service, and says Content is the sole responsibility of the party it came from. You, not WHOOP, are entirely responsible for all Content you upload, post, email, transmit or otherwise make available through the Services ("Your Content"), and other users are similarly responsible for theirs. Your Content may include lab results, reports and other documents from Tests you receive. WHOOP does not endorse or approve User Content or make representations or warranties about it, disclaims all liability for it, and says you use User Content and interact with other users at your own risk.
Supporting quotations
You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not WHOOP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that other users of the Services, and not WHOOP, are similarly responsible for all Content that they Make Available through the Services (“User Content”). Your Content may include lab results, reports, and other documentation resulting from the Tests you receive.
We do not endorse or approve, nor do we make any representations or warranties with respect to any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. You use all User Content and interact with other users at your own risk.
WHOOP may make available to you certain text, graphics, images, video, audio, data, analyses, reports, and other information and material through the Services (collectively referred to as the “Content”).
Qualifications & exceptions
"Your Content" expressly may include lab results, reports and documents from Tests.
Not stated here
The agreement defines "Content" in two different ways: material WHOOP makes available, and any material accessible through the Service.
Content & IP Rights · Restriction or exception
You keep ownership of Your Content but promise you have all rights and permissions to it, including from people shown
WHOOP does not claim ownership of Your Content. When you make Content available on or to the Services you represent that you own it or have enough rights to grant the license in Section 16.4. You are solely responsible for Your Content and for the consequences of WHOOP posting or publishing it through the Services. You affirm that you own or have the licenses, rights, consents and permissions needed for WHOOP to use all trademark, trade secret, copyright, publicity or other proprietary rights in Your Content as the Services and agreement contemplate, and that you have the express, specific, informed and unambiguous consent, release or permission of every identifiable person in Your Content to use their name or likeness that way.
Supporting quotations
WHOOP does not claim ownership of Your Content; however, when you Make Available any Content on or to the Services, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 16.4 (License to Your Content). You shall be solely responsible for Your Content you submit and the consequences of our posting or publishing Your Content through the Services.
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all trademark, trade secret, copyright, publicity or other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement.
Qualifications & exceptions
The warranties cover both intellectual property rights and the consent of every identifiable individual in Your Content.
Content & IP Rights · Permission or license
You give WHOOP a perpetual, worldwide license to Your Content, including AI training in aggregate deidentified form
Subject to any Account settings you select, you give WHOOP a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers) and transferable license to use, copy, reproduce, modify, adapt, create derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content, in whole or in part. The stated purposes are operating and providing the Services to you and to other users, and, solely in aggregate and deidentified form, training any AI Technology models. Other users may be able to search for, see, use, modify and reproduce any of Your Content you submit to any area of the Services that other users can access.
Supporting quotations
Subject to any applicable Account settings that you select, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees) and transferable right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part)
for the purposes of operating and providing the Services to you and to our other users and, solely in aggregate and deidentified form, to train any AI Technology models.
Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you submit to any area of the Services that is accessible by other users.
Qualifications & exceptions
Subject to any applicable Account settings you select.
Use for AI training is limited to aggregate and deidentified form.
Visibility to other users applies to Your Content submitted to areas of the Services that other users can access.
Not stated here
The agreement does not say whether biometric or health data collected by the WHOOP Device counts as Your Content; "Your Content" is defined as Content you upload, post, email, transmit or otherwise make available.
The license is stated as perpetual; the text does not say whether it ends if you delete your Content or Account.
Content & IP Rights · Permission or license
WHOOP may credit your username as the contributor when you submit content to forums or comments
When you submit Your Content to forums, comments or any other area of the Services, you expressly permit WHOOP to identify you by your username, which may be a pseudonym, as the contributor in any publication in any form, media or technology now known or later developed in connection with Your Content.
Supporting quotations
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit WHOOP to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Qualifications & exceptions
The username may be a pseudonym.
Content & IP Rights · Restriction or exception
You may not submit infringing, false, unlawful, offensive or commercial content, ads or impersonations
In connection with Your Content, you agree not to submit material that is copyrighted, protected by trade secret or subject to others' proprietary rights (including privacy and publicity rights) unless you own the rights or have permission to post it and to grant WHOOP the license rights; publish falsehoods or misrepresentations that could damage WHOOP or others; submit material that is unlawful, obscene, offensive, profane, defamatory, threatening, pornographic, abusive, harassing, hateful, deceptive, fraudulent, invasive of privacy or otherwise inappropriate, including material involving commercial activities or sales such as contests, sweepstakes, barter, advertising or pyramid schemes, or that encourages criminal conduct or civil liability; post advertisements or solicitations; or impersonate another person or entity, including any WHOOP employee or representative. The rights granted to you in the agreement are subject to these restrictions.
Supporting quotations
In connection with Your Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, offensive, profane, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, deceptive, fraudulent, invasive of another’s privacy, tortious, involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations; or (v) impersonate another person or entity, including any employee or representative of WHOOP. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this Section.
Qualifications & exceptions
The copyright and proprietary-rights restriction does not apply if you own the rights or have the owner's permission to post and to grant WHOOP the license.
Content & IP Rights · Procedure
Copyright owners can send a written notice with six listed elements to WHOOP's Copyright Agent
A copyright owner or agent who believes User Content or other Content infringes their copyright may submit a notification under the US Digital Millennium Copyright Act, the EU Digital Copyright Directive and national laws implementing it in the UK or EU, or a similar law in their country, by giving WHOOP's Copyright Agent written information: (i) a physical or electronic signature of a person authorized to act for the owner of the exclusive right; (ii) identification of the copyrighted work, or a representative list if several works at one site are covered; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it; (iv) contact information such as an address, telephone number and, if available, email; (v) a statement of good faith belief that the use is not authorized by the owner, its agent or the law; and (vi) a statement that the notification is accurate and, under penalty of perjury, that the sender is authorized to act for the owner.
Supporting quotations
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive and any national law implementing the same in the UK or the EU (or a similar law in your country) by providing our Copyright Agent with the following information in writing
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qualifications & exceptions
The agreement points to 17 U.S.C. 512(c)(3) for further detail, or the laws of your country.
Content & IP Rights · Permission or license
Feedback you send WHOOP can be used by WHOOP in any way under a perpetual, irrevocable, sublicensable license
If you submit comments, ideas or feedback to WHOOP in any form ("Feedback"), you grant WHOOP a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of and otherwise exploit the Feedback commercially or non-commercially in any manner, and to sublicense those rights, in connection with operating and maintaining the Services and/or WHOOP's business. WHOOP does not waive any rights to use similar or related ideas or feedback it already knew, developed itself or got from other sources.
Supporting quotations
In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form (“Feedback”), you agree, and hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or WHOOP’s business.
We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by WHOOP, or obtained from sources other than you.
Qualifications & exceptions
The license is in addition to the licenses for Your Content.
WHOOP keeps the right to use similar ideas from other sources.
Content & IP Rights · Permission or license
Your license for WHOOP software on Apple products is non-exclusive, revocable and bound by Apple's usage rules
For Software made available for use with an Apple-branded product (Apple-Enabled Software), extra terms apply. You may not use it in violation of or inconsistent with the Usage Rules in Apple's App Store Terms of Service. Your license is non-exclusive, revocable and non-transferable, to use the software on an iOS Product that you own or control, as the Usage Rules permit.
Supporting quotations
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Not stated here
The App Store Terms of Service and Usage Rules are Apple documents that are not part of this source.