Terms of Use

Legal Rights & Agreement Rules · Context

This is the August 3, 2026 WHOOP Terms of Use, covering services, charges, changes and renewals

The Terms of Use are dated "Last Updated: August 3, 2026". The opening summary says the agreement deals with the services WHOOP provides to you, what WHOOP bills you, future changes to the agreement and automatic renewals, and asks you to read them before using the Services.

Supporting quotations

Last Updated: August 3, 2026

This terms of use agreement covers important information about services provided to you, charges and amounts we bill you, future changes to this agreement, and automatic renewals.

Qualifications & exceptions

• The summary names topics only; the actual billing, change and renewal rules are in later sections.

Not stated here

• The summary does not say how billing, changes or renewals work; those rules are in later sections.

Legal Rights & Agreement Rules · Restriction or exception

Disputes go to binding arbitration and you give up class actions and jury trials, unless you opt out within 30 days

The agreement opens with a notice that Section 24 requires, with limited exceptions, that all disputes between you and WHOOP be resolved by binding, final arbitration instead of court. You and WHOOP may each go to small claims court if the claim qualifies, and either side may ask a court for equitable relief over misuse of intellectual property rights such as trademarks or patents. You can only bring claims on an individual basis, so you waive class, representative and collective proceedings, and you also give up a jury trial. You can opt out of the arbitration agreement by sending written notice to legalnotices@whoop.com within 30 days after you first become subject to it; the notice must include your name and address, the email address on your Account if you have one, and a clear statement that you want to opt out. An opt-out notice only counts if you send it yourself, and opting out leaves the rest of the agreement in force.

Supporting quotations

AMONG OTHER THINGS, SECTION 24 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

(1) you and WHOOP may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or WHOOP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

EACH OF WHOOP AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legalnotices@whoop.com, within thirty (30) days after first becoming subject to this Arbitration Agreement.

Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

Qualifications & exceptions

• Exceptions: small claims court if the claim qualifies and stays there; court actions for equitable relief against infringement or misuse of intellectual property rights.
• Opt-out must be sent by you personally within 30 days of first becoming subject to the arbitration agreement; notices from third parties acting for you have no effect.
• Opting out does not undo arbitration agreements you already have with WHOOP, including from earlier versions you did not opt out of.
• The arbitration agreement does not apply to users in the EEA or in countries that do not allow it (see the separate card).

Not stated here

• The detailed arbitration procedures in Section 24 are covered by the cards for that section, not this summary.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration agreement does not apply in the EEA or where local law does not allow it

If you are a user in the European Economic Area, or in another country that does not allow the arbitration agreement, Section 24 does not apply to you. The governing-law section adds that, for users in the EEA, Switzerland or the UK or a country where arbitration is prohibited, foreign law governs and disputes are decided in the courts of Ireland, except to the extent the law prohibits that.

Supporting quotations

If you are a user in the European Economic Area (“EEA“), or any other country that does not allow such Arbitration Agreement, Section 24 below does not apply to you.

If you are resident in the EEA, Switzerland or the UK, or a country in which the Arbitration Agreement is prohibited by local law, the Arbitration Agreement does not apply to you

Qualifications & exceptions

• The Ireland courts rule in the governing-law section applies to the EEA, Switzerland, the UK and countries where arbitration is prohibited by local law, "except to the extent prohibited by law".

Not stated here

• The opening notice names only the EEA and "any other country that does not allow such Arbitration Agreement"; it does not list which countries those are.

Cross-references

• narrows (model-proposed): Disputes go to binding arbitration and you give up class actions and jury trials, unless you opt out within 30 days — exception_to: The arbitration agreement and class waiver do not apply to users in the EEA or in countries that do not allow such an agreement.

Legal Rights & Agreement Rules · Context

The agreement covers the WHOOP Device, Site, App, Membership and Advance Lab Services

Whoop Inc. (Boston, Massachusetts) makes products, services, features and content available through the WHOOP website and its subdomains and through WHOOP mobile and desktop apps. Together with the WHOOP Device (the band and charger or PowerPack), these are called the Services. The Terms of Use are legally binding for your use of the WHOOP Device including its embedded software, the WHOOP subscription that includes a Device and access to the Services (the Membership), subscriptions to and use of WHOOP Advance Lab Services, and other Services.

Supporting quotations

Whoop Inc., with a principal place of business at One Kenmore Square, Boston, MA 02215, USA (“us”, “we”, “our” or “WHOOP”)

(collectively, the WHOOP device, band, and charger or PowerPack (“WHOOP Device”), WHOOP Site, WHOOP App, and such products, services, features, programs, and content made available through the WHOOP Site and WHOOP App, the “Service(s)”)

This Agreement sets out the legally binding terms and conditions for:

your use of the WHOOP Device, including the WHOOP software embedded within the WHOOP Device,

the WHOOP subscription including provision of a WHOOP Device and access to the Services (“Membership”),

Subscriptions and access to, and use of, WHOOP Advance Lab Services, and

other Services.

Qualifications & exceptions

• "Services" is defined broadly to include the Device, Site, App and the products, services, features, programs and content offered through them.

Legal Rights & Agreement Rules · Restriction or exception

The agreement applies even if you got your Membership from a reseller, for free, or through Connected Care

If you bought or received a Membership from a third party, including an authorized reseller or marketplace, this agreement applies to your use of the Services. It also applies if you got a Membership for free, including a Free Trial or through a participating medical provider in the Centers for Medicare and Medicaid Services program for chronic care (the WHOOP Connected Care Program). For Connected Care, the agreement is subject to Section 11 and to the separate WHOOP Connected Care Program Terms of Care.

Supporting quotations

If you purchased or received a Membership from a third party, including from an authorized third-party retailer or authorized third-party marketplace (each, an “Authorized Reseller”), this Agreement will apply to your use of the Services.

This Agreement also applies to your use of the Services if you obtained a Membership for free, including a Free Trial (as defined in Section 7 below) or through a medical provider participating in the Centers for Medicare and Medicaid Services (“CMS”) Advancing Chronic Care with Effective, Scalable Solutions Program (the “WHOOP Connected Care Program”) (subject to Section 11 and the WHOOP Connected Care Program Terms of Care)

Qualifications & exceptions

• For Connected Care Program members the agreement is "subject to Section 11 and the WHOOP Connected Care Program Terms of Care".

Not stated here

• The Connected Care Program Terms of Care are a separate document that is not part of this source, and the web address shown for them in the text is incomplete as written.
• Section 7 (Free Trial) and Section 11 are explained elsewhere.

Legal Rights & Agreement Rules · Restriction or exception

Additional terms you accept or see posted become part of the agreement and can override it for that service

When you use or receive a service, extra terms (Supplemental Terms) posted on the Services or shown to you when you sign up are incorporated into the agreement. If this Terms of Use conflicts with Supplemental Terms, the Supplemental Terms control for that additional service, but only to the extent of the conflict. The Terms of Sale, which govern the purchase of certain WHOOP Devices and other Products, are one of the Supplemental Terms.

Supporting quotations

you may be subject to any additional terms applicable to such services (“Supplemental Terms”) that may be posted on the Services from time to time, or presented to you for your acceptance when you sign up for or access the additional Services. All such terms are hereby incorporated by reference into this Agreement.

If the terms of this Terms of Use Agreement are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such additional service, but only to the extent of such inconsistency.

Supplemental Terms include the Terms of Sale, which govern the purchase of certain WHOOP Devices and other Products (as defined therein).

Qualifications & exceptions

• Supplemental Terms control only for the additional service concerned and only to the extent of the inconsistency.

Not stated here

• The Supplemental Terms and the Terms of Sale are separate documents that are not part of this source.

Legal Rights & Agreement Rules · Restriction or exception

Using the Services in any way means you accept the agreement

By accessing and using the Services in any manner, you acknowledge that you have read and understood the agreement and agree to be bound by it. If you do not accept it, you are not authorized to use the Services.

Supporting quotations

By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services.

Qualifications & exceptions

• Acceptance applies to any access or use, not only to creating an account.

Legal Rights & Agreement Rules · Permission or license

WHOOP can change the agreement; you can reject within 30 days but keep the old terms only until current plans end

WHOOP may modify the agreement at any time, effective when it is posted to the Services. If a change is material and you have an Account, WHOOP also emails you an updated copy at your Account email address. Unless the update says otherwise, changes take effect immediately for users without an Account, and for users with an Account at the earlier of 30 days after posting or your agreement or acceptance. Continuing to use the Services after a modification means you agree to the modified agreement, and WHOOP may require you to give consent in a specified manner before you can keep using the Services. You can reject an update by emailing support@whoop.com with your name, your Account email address and a statement that you are rejecting it; the notice must arrive within 30 days of posting. If it does, your use stays under the prior agreement only until the end of your current Membership, the end of any current Test Subscriptions, and the expiration or use of all pending Tests. After that the updated agreement governs unless you cancel those subscriptions as the agreement allows, and continuing to use the Services after those events means you accept the modified agreement.

Supporting quotations

WHOOP may modify this Agreement at any time and such modification will be effective upon posting such modifications to the Services. If a change is material and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account.

Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and, for users with an Account, the earlier of (i) thirty (30) days after posting and (ii) such user’s agreement or acceptance of the Agreement. By continuing to access or use the Services after such modification, you are agreeing to be legally bound by the modified Agreement. WHOOP may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted.

You may reject the updated Agreement by emailing WHOOP at support@whoop.com stating your name and email address associated with your Account and that you are rejecting the updated Agreement. Such rejection notice must be received within thirty (30) days of the posting of the updated Agreement.

If timely notice is received, your use of the Services shall remain subject to the prior Agreement until the (i) end of your then-current Membership, (ii) end of any then-current Test Subscriptions, and (iii) expiration or use of all then pending Tests, at which time the updated Agreement shall govern your use of the Services unless you cancel such subscriptions in accordance with this Agreement.

Qualifications & exceptions

• The email to users with an Account is sent only if a change is material.
• Rejection must be received within 30 days of posting of the updated agreement.
• The prior agreement continues until the end of the current Membership, the end of any current Test Subscriptions, and the expiration or use of all pending Tests; the text then says the updated agreement governs unless you cancel those subscriptions.

Not stated here

• The text does not say what happens to the Membership if you reject the update and then do not cancel; it says the updated agreement governs after the listed events.

Cross-references

• contrast (model-proposed): WHOOP can change the arbitration agreement, with notice by email, and a change does not give you a new chance to opt out — contrast: The general update clause lets you reject an updated agreement within 30 days; the arbitration modification clause says changes to the arbitration agreement give no new opportunity to opt out if you did not opt out before.

Legal Rights & Agreement Rules · Restriction or exception

WHOOP is not responsible for other users' content or for third-party sites and services it links to

The Services let you reach content, recommendations and data that users post, store or display (User Content), and WHOOP says it cannot accept responsibility or liability for it. Under a separate content section, other users, not WHOOP, are responsible for User Content they make available, and WHOOP does not endorse it or make representations about it. The Services also include links to and content from third-party websites, products and services (External Services), which are offered only as a convenience, are not endorsed by WHOOP, may have separate legal terms between you and the third party, and are developed and provided by others. Links to third-party websites, apps and ads work the same way: WHOOP does not warn you when you leave the Services, you become subject to the third party's terms and privacy policies, and WHOOP is not responsible for them.

Supporting quotations

The Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services (“User Content”), for which we cannot accept any responsibility or liability.

These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others.

other users of the Services, and not WHOOP, are similarly responsible for all Content that they Make Available through the Services (“User Content”).

When you click on a link to a Third-Party Service, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination.

When you leave our Services, this Agreement and our policies no longer govern.

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

Qualifications & exceptions

• When you follow a link to a Third-Party Service, WHOOP's agreement and policies no longer govern.
• External Services may include AI Technology.

Not stated here

• The agreement does not list which External Services or Third-Party Services are linked.

Legal Rights & Agreement Rules · Restriction or exception

Advanced Labs information is not for emergencies; seek immediate help from a healthcare provider

The information, results and services from WHOOP Advanced Labs are not provided for emergency or life-threatening situations. If you have a medical emergency, you should seek immediate help from a healthcare provider.

Supporting quotations

The information, results, and services provided through WHOOP Advanced Labs are not provided for use in emergency or life-threatening situations. If you experience a medical emergency, you should seek immediate assistance from a healthcare provider.

Legal Rights & Agreement Rules · Restriction or exception

Talk to a healthcare provider about testing, results and diet or exercise changes; supplement choices are yours

You should consult your primary care provider or other healthcare providers if you have questions about whether to get laboratory testing, which tests are relevant to you, what information or results from Advanced Labs mean, and before making significant changes to your diet or exercise routine. Advanced Labs may present information about supplements and their use, but you remain responsible for deciding whether a supplement is right for you.

Supporting quotations

You should consult your primary care provider or other healthcare providers if you have any questions regarding whether to get laboratory testing, which tests are relevant to you, any implications of information or results provided through WHOOP Advanced Labs, and before making significant changes to your diet or exercise routine. WHOOP Advanced Labs may present information regarding supplements and their use, but you remain responsible to evaluate and determine whether a supplement is right for you.

Qualifications & exceptions

• Information about supplements may be presented; the decision remains yours.

Legal Rights & Agreement Rules · Restriction or exception

WHOOP is not a lab or healthcare provider; Advanced Labs reports and Action Plans are not medical advice

WHOOP is not a laboratory or healthcare provider and does not itself provide laboratory or health care services. The Clinical Report and Insights members receive through Advanced Labs are developed by independent third-party laboratories and healthcare providers, including Quest Diagnostics and SteadyMD. None of the content you receive through the Services should be considered medical or professional healthcare advice. The Action Plan is not medical advice and is not meant to diagnose, prevent, monitor, treat or alleviate any illness, condition or disease, to ascertain your health state, or to substitute for professional medical care. It is provided for personalized performance coaching and improving wellness through education. You acknowledge that Advanced Labs is limited in nature, and WHOOP encourages you to receive and rely on medical care from other health care professionals to manage your overall healthcare.

Supporting quotations

WHOOP is not a laboratory or a healthcare provider and does not itself provide laboratory or health care services. The Clinical Report and Insights that members receive through WHOOP Advanced Labs are developed by independent, third-party laboratories and healthcare providers, including, Quest Diagnostics and SteadyMD. None of the content you receive through the Services should be considered medical or professional healthcare advice.

The Action Plan that members receive through WHOOP Advanced Labs is not medical advice and is not intended, designed, or implied to diagnose, prevent, monitor, treat, or alleviate any illness, medical condition, or disease, to ascertain the state of members’ health, or to be a substitute for professional medical care. The information provided in the Action Plan is provided for the purposes of personalized performance coaching and improving wellness through education. You acknowledge that WHOOP Advanced Labs is limited in nature and WHOOP encourages you to receive and rely on medical care from other health care professionals to manage your overall healthcare.

Qualifications & exceptions

• The Action Plan is for performance coaching and wellness education, not diagnosis or treatment.

Legal Rights & Agreement Rules · Restriction or exception

Quest, SteadyMD and clinicians are independent contractors; WHOOP cannot verify their results and disclaims liability

Quest Diagnostics, SteadyMD and all Clinicians are independent contractors of WHOOP and are solely responsible for their own activities. WHOOP cannot verify the accuracy or completeness of data, information or results they provide. Laboratory testing by Quest Diagnostics is not comprehensive and may omit tests that are relevant to you. WHOOP is not liable for any actions, omissions, delays or errors of Quest Diagnostics, SteadyMD or a Clinician, or any resulting damages. Your use of Quest Diagnostics' services is also subject to the Quest Consumer Inc. Terms and Conditions.

Supporting quotations

Quest Diagnostics, SteadyMD, and all Clinicians are independent contractors of WHOOP and are solely responsible for their own activities;

WHOOP cannot verify the accuracy or completeness of any data, information, or results provided by Quest Diagnostics, SteadyMD, or a Clinician;

Laboratory testing performed by Quest Diagnostics is not comprehensive and may omit tests that are relevant to you;

In no event shall WHOOP be liable for any actions, omissions, delays, or errors of Quest Diagnostics, SteadyMD, a Clinician, or any damages resulting therefrom; and

Your use of Quest Diagnostic’s services is also subject to the Quest Consumer Inc. Terms and Conditions.

Qualifications & exceptions

• Quest testing "is not comprehensive and may omit tests that are relevant to you".

Not stated here

• The Quest Consumer Inc. Terms and Conditions are a separate document that is not part of this source.

Legal Rights & Agreement Rules · Restriction or exception

Connected Care members are also bound by separate Terms of Care, and their care is provided by WHOOP Physician Services

This section applies only to users who received a Membership through the WHOOP Connected Care Program. Your use of the WHOOP Services is subject to this agreement and also to the WHOOP Connected Care Program Terms of Care. The services offered through the Connected Care Program are provided by WHOOP Physician Services, P.C., a Massachusetts professional corporation, or its professional corporation affiliate in your state, and their employed and contracted Clinicians, and are not provided by WHOOP.

Supporting quotations

This Section shall only apply to users who received a Membership through the WHOOP Connected Care Program:

In the event you receive a Membership through the WHOOP Connected Care Program, you acknowledge and agree that your use of the WHOOP Services will be subject to this Agreement. In addition to this Agreement, your access to the WHOOP Services shall be subject to the WHOOP Connected Care Program Terms of Care

You acknowledge and agree that your receipt and use of the services offered through the WHOOP Connected Care Program shall be provided by WHOOP Physician Services, P.C. a Massachusetts professional corporation, or its professional corporation affiliate in your state, and their respective employed and contracted Clinicians, and are not provided by WHOOP.

Qualifications & exceptions

• Applies only to users who received a Membership through the Connected Care Program.

Not stated here

• The Connected Care Program Terms of Care are a separate document that is not part of this source.

Legal Rights & Agreement Rules · Restriction or exception

WHOOP Services are not medical advice, and the Services and Device are generally not a medical device

WHOOP Services are not medical advice. Except as otherwise expressly indicated, the WHOOP Services and the WHOOP Device are not a medical device.

Supporting quotations

WHOOP Services are not medical advice and, except as otherwise expressly indicated, WHOOP Services and the WHOOP Device are not a medical device.

Qualifications & exceptions

• "Except as otherwise expressly indicated" for the medical device statement.

Not stated here

• The text does not say where, if anywhere, a Service or the Device is expressly indicated to be a medical device.

Legal Rights & Agreement Rules · Restriction or exception

You should consult a licensed professional before changing your training, and you assume the risks of exercise

You should always consult a qualified and licensed medical professional before beginning or modifying any diet, exercise, consultations or training program. You agree that your exercise and athletic activities carry inherent and significant risks of bodily injury, death or property damage, and you voluntarily assume all known and unknown risks associated with those activities.

Supporting quotations

You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise and athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.

Qualifications & exceptions

• The assumption of risk covers both known and unknown risks.

Legal Rights & Agreement Rules · Restriction or exception

Using the Services or contacting WHOOP does not create a doctor-patient relationship or replace your doctor

Using the Services, or communicating with WHOOP by internet, email or any other means, does not create a doctor-patient relationship. Except as WHOOP expressly states in writing, the Services and any results or Content shown through them, whether from WHOOP or third parties, are not medical advice and do not replace advice from your doctor or other medical professionals or a visit, call or consultation with them.

Supporting quotations

Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. Except as expressly stated by WHOOP in writing, the Services and any results or Content displayed via the Services, whether provided by WHOOP or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or (ii) a visit, call, or consultation with your doctor or other medical professionals.

Qualifications & exceptions

• Exception: WHOOP expressly states otherwise in writing.

Legal Rights & Agreement Rules · Restriction or exception

The Services and Device are not medical devices and should not be used to diagnose or treat, except the Heart Screener

Except for the Heart Screener features, which are not available in all countries and have their own indications for use in the feature information, the Services and the WHOOP Device are not a medical device, and the Services are not intended to diagnose, prevent, monitor, treat or alleviate disease or injury, or to affect the body in the ways the text lists. Except as indicated for the Heart Screener features, you should not use the Services or any Content to diagnose or treat a health condition. This is the express exception to the earlier statement that the Services and Device are not a medical device "except as otherwise expressly indicated".

Supporting quotations

Except for Heart Screener feature(s) (not available in all countries, see feature information for detailed indications for use) (a) the Services and the WHOOP Device are not a medical device; and (b) the Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate disease

Except as indicated for Heart Screener feature(s), you should not use the Services or any Content on the Services for diagnosing or treating a health condition.

WHOOP Services are not medical advice and, except as otherwise expressly indicated, WHOOP Services and the WHOOP Device are not a medical device.

Qualifications & exceptions

• Heart Screener features are not available in all countries and their indications for use appear in the feature information.

Not stated here

• The Heart Screener feature information is not part of this source, so its indications for use are not described here.

Cross-references

• qualifies (model-proposed): WHOOP Services are not medical advice, and the Services and Device are generally not a medical device — qualifies: The earlier statement that the Services and Device are not a medical device except as otherwise expressly indicated is qualified by the later Heart Screener exception.

Legal Rights & Agreement Rules · Restriction or exception

See your doctor with medical questions, do not delay care because of Content, and call emergency services if needed

If you have medical questions, call or see your doctor or other healthcare provider. You should never disregard medical advice or delay seeking it because of any Content presented on or through the Services. The WHOOP Services and Device are not intended for emergency or life-threatening situations, and if you believe you are having a medical emergency you should contact your local emergency services immediately.

Supporting quotations

If you have any medical questions, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any Content presented on or through the Services.

The WHOOP Services and the WHOOP Device are not intended for emergency or life-threatening situations. If you believe you are experiencing a medical emergency, contact your local emergency services immediately.

Legal Rights & Agreement Rules · Context

Wearing the WHOOP Device can cause skin reactions, which are more likely with certain conditions or poor fit and care

Some people may have skin reactions, including contact dermatitis, from wearable devices. Causes include prolonged contact, allergies or other sensitivities, humidity, extended exposure to irritants such as soap, sweat, leftover sanitizer or other contaminants under the sensor, or other causes. Irritation may be more likely if you have eczema, allergies or other sensitivities, wear the Device too tightly, or do not properly clean and care for it. WHOOP refers you to support.whoop.com for how to set band tension and clean and care for the Device.

Supporting quotations

Some people may experience skin reactions, including contact dermatitis, from contact with wearable devices.

You may be more likely to experience irritation if you have eczema, allergies or other sensitivities, if you wear your WHOOP Device too tightly, or if you do not properly clean and care for your WHOOP. Please refer to support.whoop.com for information on how to set the proper band tension, and clean, and care for your WHOOP.

Qualifications & exceptions

• The text describes possibilities ("may"), not a certainty of reaction.

Legal Rights & Agreement Rules · Procedure

Check your skin regularly and remove the Device if irritation appears; see a physician if it lasts 2-3 days

You may not notice early signs of irritation, so you should regularly remove the Device and examine the skin under it. Moving the Device to a different place from time to time, and keeping it clean and dry, can reduce the likelihood of irritation. Loosening the band may reduce irritation but may also degrade signal quality. If you notice redness, swelling, itchiness or any other irritation or discomfort on or under the Device, remove it immediately from that spot, and if symptoms recur or last more than 2-3 days consult your physician before resuming wear. Continued use, even after symptoms ease, may lead to renewed or increased irritation.

Supporting quotations

You may not notice early signs of irritation, so you should regularly check for irritation by removing the WHOOP Device and examining the area under your WHOOP. Changing the location of your WHOOP Device periodically can allow your skin to breathe and reduce the likelihood of irritation. Keeping your WHOOP clean and dry can also reduce the likelihood of skin irritation. Loosening the band may reduce the likelihood of irritation but may also degrade signal quality.

If you experience redness, swelling, itchiness, or any other irritation or discomfort on your skin around, or beneath your WHOOP, remove your WHOOP immediately from that location and if symptoms recur or persist for more than 2-3 days consult your physician before resuming wear. Continued use, even after symptoms subside, may result in renewed or increased irritation.

Qualifications & exceptions

• Loosening the band may reduce irritation but may also degrade signal quality.
• See a physician if symptoms recur or persist more than 2-3 days.

Legal Rights & Agreement Rules · Restriction or exception

Training recommendations may not suit you; WHOOP is not a trainer or healthcare provider and disclaims results

The Services may include training recommendations and other media to help you meet health, fitness and wellness goals. You acknowledge that WHOOP is not a healthcare provider, personal trainer or fitness instructor, and that the Services, including recommendations and information that may appear personalized and including AI Technology, may not be appropriate for you. If you have health or fitness concerns, you should consult your doctor before starting a new exercise program. WHOOP is not responsible for any results that may or may not be obtained from using the Service.

Supporting quotations

You acknowledge and agree that WHOOP is not a healthcare provider, personal trainer or fitness instructor and that the Services (including any recommendations and any information available through the Services, including AI Technology, that may appear to be personalized) may not be appropriate for you. If you have any concerns about your health or fitness, you should consult your doctor before starting any new exercise program. WHOOP is not responsible for any results that may or may not be obtained from the use of the Service.

Qualifications & exceptions

• The caution covers information that "may appear to be personalized", including from AI Technology.

Legal Rights & Agreement Rules · Restriction or exception

AI Outputs are provided as is, and WHOOP disclaims warranties and, to the extent permitted by law, liability for AI use

Outputs are based on your inquiries and other User Content you give the AI Technology, and WHOOP says it has no control over that content. Outputs are provided "as is" and "with all faults", and WHOOP makes no representations or warranties of any kind about any User Content, including Your Content, or Outputs, including warranties of accuracy, completeness, truthfulness, timeliness or suitability. To the extent the law permits, WHOOP bears no liability to you or anyone else arising from or relating to your use of AI Technology.

Supporting quotations

YOU ACKNOWLEDGE THAT THE OUTPUTS ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE TO THE AI TECHNOLOGY, AND THAT WHOOP HAS NO CONTROL OVER ANY SUCH USER CONTENT. ACCORDINGLY, ALL OUTPUTS ARE PROVIDED “AS IS” AND WITH “ALL FAULTS,”

WHOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT, INCLUDING YOUR CONTENT, OR OUTPUTS, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY.

TO THE EXTENT PERMITTED BY LAW, WHOOP BEARS NO LIABILITY TO YOU OR ANYONE ELSE ARISING FROM OR RELATING TO YOUR USE OF AI TECHNOLOGY.

Qualifications & exceptions

• The no-liability statement applies "to the extent permitted by law".

Legal Rights & Agreement Rules · Restriction or exception

You are responsible for your interactions with other users; WHOOP may but need not step in

You are solely responsible for your interactions with other users of the Services and any other parties you interact with through the Services. WHOOP reserves the right, but has no obligation, to step in in disputes between you and other users, and it is not responsible for any liability that results from your interactions with other users.

Supporting quotations

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that WHOOP reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that WHOOP will not be responsible for any liability incurred as the result of your interactions with other users.

Qualifications & exceptions

• WHOOP "reserves the right, but has no obligation" to intercede.

Legal Rights & Agreement Rules · Procedure

Copyright and violation notices go to WHOOP's General Counsel; other requests go to the Section 26 address

WHOOP's designated Copyright Agent for notices of claimed infringement and other notices about User Content or violations of the agreement (for example violations of criminal laws) is the General Counsel, Whoop, Inc., One Kenmore Square #601, Boston, MA 02215, USA, at legalnotice@whoop.com. Only notices under this section and complaints about Content or violations of the agreement should go to the Copyright Agent; other feedback, comments, technical support requests and communications should go to the address in Section 26.

Supporting quotations

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: General Counsel, Whoop, Inc., One Kenmore Square #601 Boston, MA 02215, USA, legalnotice@whoop.com. Only notices pursuant to this Section and notices relating to complaints in connection with Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to the address in Section 26.

Not stated here

• The address in Section 26 is covered by its own cards.

Legal Rights & Agreement Rules · Company commitment

The Device is warranted free of defects while your Membership is active and paid, and the warranty is non-transferable

WHOOP warrants that the WHOOP Device provided with your membership will be free from defects in materials or workmanship for as long as you have an active Membership with no outstanding balance or unpaid fees (the Warranty Period). All claims under the Limited Warranty must be received by WHOOP during the Warranty Period. If the Device is defective during that period, WHOOP will provide a replacement, subject to the conditions, at no additional charge. WHOOP is not responsible for repairing or replacing the Device if you violate the Limited Warranty, and the warranty is non-transferable.

Supporting quotations

WHOOP warrants that the WHOOP Device provided with your membership will be free from defects in materials or workmanship for as long as you have an active Membership with no outstanding balance or any unpaid fees (such period, the “Warranty Period” and such warranty, the “Limited Warranty”). All claims under this Limited Warranty must be received by WHOOP during the Warranty Period.

If your WHOOP Device is defective during the Warranty Period, WHOOP will provide a replacement, subject to the conditions below, at no additional charge. WHOOP is not responsible to repair or replace your WHOOP Device if you violate this Limited Warranty. This Limited Warranty is non-transferable.

Qualifications & exceptions

• The Warranty Period lasts only while you have an active Membership with no outstanding balance or unpaid fees.
• Claims must be received during the Warranty Period.
• The warranty cannot be transferred.

Legal Rights & Agreement Rules · Restriction or exception

The warranty does not cover lost Devices, misuse, accidents, cosmetic damage, modification or unauthorized repair

The Limited Warranty does not cover lost Devices, including chargers or PowerPacks; damage or failure through misuse or malfunction, normal wear and tear, improper, negligent or abnormal use, or use contrary to WHOOP's instructions; damage or failure from accidents, acts of God, unauthorized commercial use, abuse, neglect, theft or unusual atmospheric conditions; cosmetic damage; damage or failure from, or Devices subject to, unauthorized modification; damage or failure from, or Devices subject to, attempted repair by unauthorized persons or with parts not intended for or compatible with the Device; or Devices whose factory model name or serial number has been altered.

Supporting quotations

This Limited Warranty Does Not Cover any of the Following:

Lost WHOOP Devices(s), including chargers or PowerPack(s);

Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, abnormal use, or any use contrary to instructions provided by WHOOP;

Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;

Cosmetic damage;

Any damage or failure due to or WHOOP Devices subject to unauthorized modification;

Any damage or failure due to or WHOOP Devices subject to attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the WHOOP Device; or

Any WHOOP Device subject to alteration of the factory model name and/or serial number.

Legal Rights & Agreement Rules · Company commitment

WHOOP chooses to repair, exchange or sometimes partly refund a defective Device; these are your exclusive remedies

If a defect arises in an eligible Device and a valid claim is received within the Warranty Period, WHOOP will, at its option and to the extent permitted by law, either repair the Device at no charge using new or refurbished parts, or exchange it for a new or refurbished Device or a reasonably equivalent product. If WHOOP, in its sole discretion, decides replacing the Device is not reasonable, it may refund the portion of your membership price that reflects the cost of the Device. To the extent permitted by law, these are your sole and exclusive remedies for a defect. You may be responsible for shipping and handling charges for a repaired or replacement Device, except where applicable law prohibits that. A replacement is warranted for the remainder of the returned Device's Warranty Period, or any additional period that applies in your jurisdiction.

Supporting quotations

If a defect in an eligible WHOOP Device arises and a valid claim is received by WHOOP within the Warranty Period, WHOOP will, at its option and to the extent permitted by law, either (a) repair the defective WHOOP Device at no charge, using new or refurbished replacement parts, or (b) exchange the defective WHOOP Device with a new or refurbished WHOOP Device or a product that is reasonably equivalent to the WHOOP Device. If WHOOP, in its sole discretion, determines it is not reasonable to replace the defective WHOOP Device, WHOOP may refund to you the portion of your membership price that reflects the cost of the WHOOP Device.

In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. You may be responsible for payment of shipping and handling charges for the delivery of a repaired or replacement WHOOP Device, except where prohibited by applicable law. Any replacement of a defective WHOOP Device will be warranted for the remainder of the Warranty Period of the returned WHOOP Device, or for any additional period of time that may be applicable in your jurisdiction.

Qualifications & exceptions

• The choice between repair, exchange and refund is WHOOP's ("at its option", "in its sole discretion").
• Sole and exclusive remedies "to the extent permitted by law".
• You may pay shipping and handling "except where prohibited by applicable law".

Not stated here

• The refund option sits alongside the statement that WHOOP refunds no part of the Initial Membership Fee after 30 days; the text does not reconcile them.

Legal Rights & Agreement Rules · User right or choice

Your statutory consumer rights are unaffected, and warranty terms may differ for WHOOP Unite partnership members

The Limited Warranty gives the purchaser specific legal rights, and you may also have other rights that vary from state to state and may change the warranty. Nothing in the Limited Warranty affects your statutory consumer rights. The warranty may differ for members who receive a WHOOP Device as part of a WHOOP Unite partnership, but only as applicable law permits. Questions about the warranty can go to support@whoop.com.

Supporting quotations

This Limited Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Limited Warranty.

This Limited Warranty may differ for Members who receive a WHOOP Device as part of a WHOOP Unite partnership, but only as permitted by applicable law.

Nothing in this Limited Warranty shall affect your statutory consumer rights.

If you have any questions about this Limited Warranty, please contact support@whoop.com.

Qualifications & exceptions

• Variation for WHOOP Unite partnership members is limited to what applicable law permits.

Not stated here

• The text does not say how the warranty differs for WHOOP Unite partnership members.

Legal Rights & Agreement Rules · Restriction or exception

The Services and Content are provided as is and as available, with implied warranties disclaimed

Except as stated in Section 19 (the Limited Warranty) and to the extent applicable law permits, the Services and Content are provided "as is" and "as available" with no express or implied warranties or conditions of any kind. WHOOP disclaims all implied warranties and conditions to the fullest extent permitted by law, including merchantability, non-infringement of third parties' rights and fitness for a particular purpose.

Supporting quotations

EXCEPT AS STATED IN SECTION 19 AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

Qualifications & exceptions

• Exception: what is stated in Section 19, the Limited Warranty on the Device.
• Applies "to the extent permitted under applicable law".

Legal Rights & Agreement Rules · Restriction or exception

WHOOP and related parties make no promises about accuracy, completeness, timeliness, reliability or availability

To the fullest extent the law permits, WHOOP, its affiliates, partners and their officers, directors, employees, agents, suppliers or licensors (the "WHOOP Parties") make no warranties or representations about the Content, User Content or Services, including their accuracy, completeness, timeliness or reliability, and including the availability level of the Services on a daily or weekly basis.

Supporting quotations

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (“WHOOP PARTIES”), MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE USER CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY (INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY LEVEL OF THE SERVICES ON A DAILY OR WEEKLY BASIS).

Legal Rights & Agreement Rules · Restriction or exception

WHOOP Parties are not liable for errors, interruptions, viruses or equipment and data costs; you use it at your own risk

To the fullest extent the law permits, the WHOOP Parties are not liable for the truth, accuracy or completeness of information conveyed to users, for errors, mistakes or omissions, or for delays or interruptions of the data or information stream from any cause. They do not warrant that the Services will be available or error free, or that the Services or Content are free of viruses or similar contamination or destructive features. If your use results in the need to service or replace equipment or data, WHOOP is not responsible for those costs. You agree you use the Services and Content at your own risk.

Supporting quotations

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHOOP PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.

FURTHER, THE WHOOP PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

Qualifications & exceptions

• Stated "to the fullest extent permitted by law".

Legal Rights & Agreement Rules · Restriction or exception

WHOOP makes no promise about the level or availability of support services

While WHOOP says it tries to provide high-quality support to its member community, to the fullest extent the law permits it disclaims any representations or warranties about the level or availability of support services.

Supporting quotations

WHILE WE ENDEAVOR TO PROVIDE HIGH QUALITY SUPPORT SERVICES TO OUR MEMBER COMMUNITY, TO THE FULLEST EXTENT PERMITTED BY LAW, WHOOP DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEVEL OR AVAILABILITY OF SUPPORT SERVICES.

Legal Rights & Agreement Rules · Restriction or exception

WHOOP Parties are not liable for lost profits, data or indirect and consequential damages, except for injury and fraud

To the fullest extent provided by law, the WHOOP Parties are not liable for loss of profits, revenue or data, or for indirect, incidental, special or consequential damages, or costs from loss of production or use, business interruption or procuring substitute goods or services. This covers claims arising out of or in connection with the agreement, the Services, or communications or interactions with other users or third parties, on any theory of liability, including from use or inability to use the Services, goods or services obtained, unauthorized access to or alteration of your transmissions or data, third-party statements or conduct, or any other matter related to the Services. The limitation does not apply to liability for death or personal injury caused by a WHOOP Party's negligence, or injury caused by a WHOOP Party's fraud or fraudulent misrepresentation.

Supporting quotations

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE WHOOP PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY WHOOP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY,

THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A WHOOP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Qualifications & exceptions

• Applies even if a WHOOP Party was advised of the possibility of the damages.
• Exceptions: death or personal injury caused by negligence; injury caused by fraud or fraudulent misrepresentation.

Legal Rights & Agreement Rules · Restriction or exception

Total liability is capped at the greater of what you paid in the prior 12 months, $100, or any statutory remedy

To the fullest extent the law permits, the WHOOP Parties are not liable to you for more than the greatest of (i) the total amount you paid WHOOP during the twelve months before the act, omission or event giving rise to the liability, (ii) $100, or (iii) if applicable, the statutory remedy or penalty set by the statute under which the claim arises. The cap does not apply to liability for death or personal injury caused by a WHOOP Party's negligence, or injury caused by its fraud or fraudulent misrepresentation. WHOOP also assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content (including Your Content and User Content), user communications or personalization settings.

Supporting quotations

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHOOP PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO WHOOP BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $100; OR (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A WHOOP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, WHOOP ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Qualifications & exceptions

• Cap = the greater of the 12-month amount paid, $100, or the statutory remedy if one applies.
• Exceptions: death or personal injury caused by negligence; injury caused by fraud or fraudulent misrepresentation.
• The responsibility disclaimer for Content and settings is "to the fullest extent permitted by law".

Legal Rights & Agreement Rules · Restriction or exception

If consumer protection laws bar these disclaimers and limits, they may not apply and a fallback limit takes over

In some countries and jurisdictions consumer protection laws may not allow certain disclaimers, exclusions or limitations of liability, so some of those in the agreement may not apply in whole or in part. In some places this may include liability for death or personal injury caused by negligence of WHOOP or its employees, agents or subcontractors, and for fraud or fraudulent misrepresentation. In such cases WHOOP's liability is not limited where the law prohibits that and is limited to the greatest extent the law permits. If your country's laws would otherwise remove all the limitations above, WHOOP instead states two things: it does not accept responsibility for any loss or damage not caused by its breach of the agreement or not a reasonably foreseeable consequence of its breach when you agreed, and it does not limit liability for death or personal injury caused by negligence of WHOOP or its employees, agents or subcontractors or for fraud or fraudulent misrepresentation. The limitations of damages are described as fundamental elements of the basis of the bargain between WHOOP and you.

Supporting quotations

In some countries and certain jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in this Agreement may not apply in whole or in part.

In such cases, our liability shall not be limited as prohibited by law, and shall be limited to the greatest extent permitted by law.

If the laws of your country or jurisdiction would otherwise remove all limitations of liability set forth above, then in such case we provide the following explicit limitation in place of the limitations of liability set forth above: (1) We do not accept responsibility for any loss or damage that was not caused by our breach of this Agreement or that was not, at the time you agreed to this Agreement, a reasonably foreseeable consequence of us breaching this Agreement; and (2) We do not limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHOOP AND YOU.

Qualifications & exceptions

• The fallback limitation applies only if local law would otherwise remove all of the limitations.
• Which jurisdictions allow or disallow particular limits is not stated.

Not stated here

• The text does not say which countries or jurisdictions restrict these disclaimers and limitations.

Cross-references

• qualifies (model-proposed): Total liability is capped at the greater of what you paid in the prior 12 months, $100, or any statutory remedy — qualifies: Where local consumer protection law does not allow the limitations, they may not apply in whole or in part, and a fallback limitation replaces them.

Legal Rights & Agreement Rules · Restriction or exception

You must hold WHOOP harmless for claims from Your Content, your breach, your misuse of the Services or violations of law

To the extent the law permits, you agree to hold WHOOP and its subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from claims, actions or demands, including reasonable legal and accounting fees, arising from (i) Your Content, (ii) your breach of the agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, including any Outputs, or (iv) your violation of applicable laws, rules and regulations. You agree to cooperate with reasonable requests to assist WHOOP's defense of the matter.

Supporting quotations

To the extent permitted by law, you agree to hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) Your Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, including any Outputs, or (iv) your violation of applicable laws, rules and regulations. You agree to cooperate with any reasonable requests assisting our defense of such matter.

Qualifications & exceptions

• Applies "to the extent permitted by law".
• Covers claims arising from Outputs generated by AI Technology as well as the Content and the Services.

Legal Rights & Agreement Rules · Restriction or exception

Section 24 arbitration covers any dispute about the Services, including earlier and later ones, with two exceptions

The arbitration agreement is introduced with a notice to read it carefully because it requires you to arbitrate certain disputes and limits how you can seek relief. You and WHOOP agree that any disagreement, controversy or claim arising out of or relating in any way to your access to or use of the Services, including the WHOOP Device, Tests ordered, Memberships, Test Subscriptions, communications you receive from WHOOP or a third party associated with the Services, products sold or distributed by WHOOP, or the agreement and prior versions of it (a "Dispute") will be resolved by binding arbitration rather than in court. The exceptions are small claims court if the claim qualifies and stays there, and court actions for equitable relief for infringement or misuse of intellectual property rights. "Dispute" also includes disputes that were not noticed when you first became subject to the agreement but arose from or involve facts that occurred before this or any prior version existed, and disputes that arise after the agreement ends.

Supporting quotations

PLEASE READ THE FOLLOWING SECTION CAREFULLY (“ARBITRATION AGREEMENT”) BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

you and WHOOP agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, including the WHOOP Device, any Tests ordered through the Services, Memberships, Test Subscriptions, any communications you receive from WHOOP or a third-party associated with the Services, any products sold or distributed by WHOOP, or the Agreement and prior versions of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that:

(1) you and WHOOP may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or WHOOP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement but that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as disputes that may arise after the termination of this Agreement.

Qualifications & exceptions

• Exceptions: qualifying small claims, and equitable relief for infringement or misuse of intellectual property rights.
• Covers disputes about prior versions of the agreement, facts before the current version, and disputes arising after termination.
• Does not apply to users in the EEA or countries that do not allow such an agreement.

Legal Rights & Agreement Rules · Procedure

Before arbitration or small claims you and WHOOP must try informal resolution, including an optional phone conference

WHOOP says it is committed to working with you toward a prompt, low-cost and mutually beneficial resolution of any Dispute. You and WHOOP agree to take part in good-faith informal efforts to resolve Disputes before starting an arbitration or a small claims action (Informal Dispute Resolution). As part of this, either party can ask the other to meet and confer by telephone (an Informal Dispute Resolution Conference). If you have a lawyer, your lawyer may participate, but you must also personally take part.

Supporting quotations

You and WHOOP agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and WHOOP agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

Qualifications & exceptions

• Required before starting arbitration or a small claims action.
• If you are represented by counsel, you must still personally participate in the conference.

Not stated here

• The steps for giving written notice to start Informal Dispute Resolution are in the following paragraph.

Legal Rights & Agreement Rules · Procedure

You start informal dispute resolution with a signed written notice to WHOOP containing listed information

To start Informal Dispute Resolution, a party gives the other a written notice. A notice to WHOOP should be emailed to legalnotices@whoop.com or mailed to One Kenmore Square, #601, Boston, MA 02215. It must include your name, telephone number, mailing address and Account email address (if you have one); your counsel's contact details, if any; and a description of the Dispute, including the specific relief sought. WHOOP sends its notice, with a description of the Dispute, to your email or regular address on file, and you are responsible for keeping those addresses correct and current. The notice must be signed by the party starting the Dispute, either you personally or a WHOOP representative.

Supporting quotations

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to WHOOP should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215.

(3) a description of the Dispute, including the specific relief sought. WHOOP will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a WHOOP representative).

Qualifications & exceptions

• The notice must be signed by you personally, not only by counsel.
• You are responsible for keeping your email and regular address up to date.

Legal Rights & Agreement Rules · Procedure

Informal resolution lasts 45 days and must come before arbitration; conferences are individual and deadlines are paused

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to starting arbitration. If either party requests an Informal Dispute Resolution Conference, it must be individualized: a separate conference is held each time either party starts a Dispute, even if the same law firm or organizations represent many users in similar cases, unless all parties agree, and several individuals who start Disputes cannot take part in the same conference unless all parties agree. The statute of limitations and any filing deadlines are tolled while the parties engage in Informal Dispute Resolution.

Supporting quotations

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

Qualifications & exceptions

• Group conferences need the agreement of all parties.
• The pause (tolling) applies to the statute of limitations and filing deadlines during the process.

Legal Rights & Agreement Rules · Restriction or exception

You and WHOOP give up the right to sue in court and have a judge or jury trial, with very limited court review of awards

You and WHOOP waive any constitutional and statutory rights to sue in court and to have a trial before a judge or jury. Instead, you elect to resolve all Disputes by arbitration under the arbitration agreement, except as stated in the "Applicability of Arbitration Agreement" subsection (small claims and intellectual property equitable relief). The text states that arbitration has no judge or jury and that court review of an arbitration award is very limited.

Supporting quotations

YOU AND WHOOP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WHOOP are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Qualifications & exceptions

• Exceptions are those in the Applicability of Arbitration Agreement subsection.

Legal Rights & Agreement Rules · Restriction or exception

Claims must be individual: no class, representative or collective actions, with a carve-out for unwaivable relief

Each of WHOOP and you may bring claims against the other only individually and not on a class, representative or collective basis, and you waive all rights to have any Dispute brought, heard, administered, resolved or arbitrated on that basis; only individual relief is available. The arbitrator may award declaratory or injunctive relief only for the individual party seeking it and only as needed for that party's own claim. If a final, non-appealable decision finds these limits invalid or unenforceable for a particular claim or request for relief, such as public injunctive relief, only that claim or request is split off from arbitration and may be litigated in the courts designated by Section 25.1, and it stays on hold until all other Disputes remaining in arbitration are resolved. All other Disputes are arbitrated or heard in small claims court. The subsection does not stop either party from taking part in a class-wide or mass settlement, and it does not affect the Batch Arbitration terms.

Supporting quotations

EACH OF WHOOP AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.

Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WHOOP agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts designated by Section 25.1 below. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or WHOOP from participating in a class-wide or mass settlement of claims.

Qualifications & exceptions

• Severance applies only to the particular claim or request for relief found unenforceable, such as public injunctive relief, and only after a final decision not subject to appeal.
• Severed claims are stayed until arbitrated Disputes are finally resolved.
• Participation in class-wide or mass settlements is not prevented.

Legal Rights & Agreement Rules · Procedure

The Federal Arbitration Act governs, and NAM administers arbitration after the 45-day informal period

The agreement states that it involves interstate commerce and that, despite any other provision on applicable substantive law, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement, including the Batch Arbitration procedures and any arbitration. If Informal Dispute Resolution does not resolve the Dispute satisfactorily within forty-five days after a Notice is received, or after the conference if one was requested, either party has the right to finally resolve it through binding arbitration. The arbitration is administered by the National Arbitration & Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedure in effect at the time, supplemented where applicable by its Mass Filing Supplemental Rules and as modified by the arbitration agreement.

Supporting quotations

The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration.

If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and WHOOP agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation

in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration

Qualifications & exceptions

• Arbitration can begin only after the 45-day period from receipt of a Notice, or after the conference if one was requested.
• The NAM rules in effect at the time of arbitration apply.

Not stated here

• The NAM rules and fees are in a third-party document that is not part of this source.

Legal Rights & Agreement Rules · Procedure

A demand for arbitration must include contact details, the claims, the amount in dispute and certifications

A party who wants to start arbitration must give the other a request for arbitration (the Demand). It must include the requesting party's contact details and Account username and email (if any); a statement of the legal claims and the facts behind them; the remedy sought and an accurate, good-faith calculation of the amount in controversy in US dollars; a statement certifying that the Informal Dispute Resolution process was completed; and a statement certifying that the requesting party will pay any necessary filing fees. A Demand to WHOOP should be sent by email to legalnotices@whoop.com or by mail to One Kenmore Square, #601, Boston, MA 02215. WHOOP gives you the Demand at your email or regular address on file, and you are responsible for keeping your contact information up to date.

Supporting quotations

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address,

(2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate,

calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration.

Any Demand you send to WHOOP should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215. WHOOP will provide the Demand to your email or regular address on file. It is your responsibility to keep your contact information up to date.

Qualifications & exceptions

• The Demand must certify completion of Informal Dispute Resolution and payment of necessary filing fees.

Legal Rights & Agreement Rules · Procedure

If a lawyer represents the party requesting arbitration, the lawyer must sign the demand and certify it is not improper

If the party requesting arbitration has a lawyer, the Demand must also include the lawyer's contact details and the lawyer must sign it. By signing, the lawyer certifies, to the best of their knowledge after a reasonable inquiry and consistent with Federal Rule of Civil Procedure 11(b), that the Demand is not presented for an improper purpose such as harassment, delay or needlessly raising costs; that the claims and legal contentions are warranted by existing law or a nonfrivolous argument for changing it; and that the factual and damages contentions have, or will likely have, evidentiary support (Counsel's Certification).

Supporting quotations

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.

(1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Legal Rights & Agreement Rules · Procedure

Arbitration is held in your home county, with limited information exchange and NAM fees set by its fee schedules

Unless you and WHOOP agree otherwise, or Batch Arbitration is triggered, the arbitration, including any in-person hearing, takes place in the county where you live. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information consistent with the expedited nature of arbitration. If NAM is not available, the parties choose another arbitral forum. Your responsibility to pay NAM fees and costs is solely as set out in NAM's applicable fee schedules.

Supporting quotations

Unless you and WHOOP otherwise agree, or the Batch Arbitration process discussed in subsection 24.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

Qualifications & exceptions

• Location in your home county does not apply if the parties agree otherwise or Batch Arbitration is triggered.
• Your payment responsibility is as set in NAM's fee schedules.

Not stated here

• The NAM fee schedules are a third-party document that is not part of this source, so the amounts are not stated.

Legal Rights & Agreement Rules · Restriction or exception

Materials exchanged in arbitration must be kept confidential except for parties' advisers who agree to confidentiality

You and WHOOP agree that all materials and documents exchanged during the arbitration must be kept confidential and shared with no one except the parties' attorneys, accountants or business advisors, and then only if they agree to keep the materials confidential.

Supporting quotations

You and WHOOP agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Qualifications & exceptions

• Advisers may receive materials only if they agree to keep them confidential.

Not stated here

• The text does not say whether the confidentiality duty covers the existence or outcome of an arbitration.

Legal Rights & Agreement Rules · Procedure

A party can make a written offer of judgment 14 days before a hearing; refusing a better offer can cost post-offer costs

At least 14 days before the date set for an arbitration hearing, any party may serve a written offer on the other party to allow judgment on specified terms. If the other party does not accept it and then fails to obtain a more favorable award, that party cannot recover post-offer costs it would otherwise be entitled to and must pay the offering party's costs from the time of the offer.

Supporting quotations

You and WHOOP agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

Qualifications & exceptions

• The offer must be served at least 14 days before the hearing date.
• The cost consequence applies only if the other party fails to obtain a more favorable award.

Legal Rights & Agreement Rules · Procedure

The arbitrator is a retired judge or Massachusetts attorney from NAM's consumer roster, or NAM appoints after 35 days

The arbitrator will be either a retired judge or an attorney licensed to practice law in Massachusetts, chosen by the parties from NAM's roster of consumer dispute arbitrators. If the parties cannot agree on an arbitrator within thirty-five days of delivery of the Demand, NAM appoints one under the NAM Rules. If Batch Arbitration is triggered, NAM appoints the arbitrator for each batch without asking any party for input or feedback, subject to your right to object to that appointment.

Supporting quotations

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 24.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

Qualifications & exceptions

• NAM appoints if there is no agreement within 35 days of delivery of the Demand.
• In Batch Arbitration NAM appoints without input from any party, subject to your right to object.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides most issues including arbitrability, but a court decides disputes about the class waiver

The arbitrator has exclusive authority to resolve any Dispute, including disagreements about the interpretation or application of the arbitration agreement and its enforceability, revocability, scope or validity. The exception is that all Disputes about the "Waiver of Class and Other Non-Individualized Relief" subsection, including claims that all or part of it is unenforceable, illegal, void or voidable or has been breached, are decided by a court of competent jurisdiction rather than the arbitrator. The arbitrator can grant motions that resolve all or part of a Dispute, and must issue a written award and statement of decision describing the essential findings and conclusions, including how any damages were calculated. The award is final and binding on you and WHOOP, and judgment on it may be entered in any court with jurisdiction.

Supporting quotations

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Qualifications & exceptions

• Disputes about the class waiver subsection go to a court, not the arbitrator.
• The award is final and binding.

Legal Rights & Agreement Rules · Restriction or exception

Each side bears its own arbitration legal costs unless law or NAM rules shift them or a claim was frivolous or improper

Unless fee shifting is specifically authorized by law or the NAM Rules, each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds the substance of the Dispute or the relief sought in the Demand was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b). If, after a presentation on the merits and a reasonable chance to respond, an arbitrator finds that the party who started the arbitration did not bring its claims consistently with Counsel's Certification and Rule 11(b), the arbitrator must, as part of the award, order the initiating party to reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs it incurred under the NAM Fee Schedules.

Supporting quotations

Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

Qualifications & exceptions

• Default is that each side pays its own attorneys' fees and costs.
• Exceptions: fee shifting authorized by law or NAM Rules; a frivolous or improper claim or relief request.
• The sanction is reimbursement of the responding party's filing and administrative fees and arbitrator costs.

Legal Rights & Agreement Rules · Procedure

25 or more similar demands from the same law firm or group go to arbitration in batches of up to 100

If there are twenty-five or more individual Demands of a substantially similar nature filed against WHOOP by or with the help of the same law firm, group of law firms or organizations within a reasonably close period, for example 90 days, NAM administers them in batches of 100 Demands per batch (or one batch if between 25 and 99 are filed, plus a final batch of any remainder). NAM appoints one arbitrator per batch and resolves each batch on a consolidated basis with one set of filing and administrative fees per batch, one procedural calendar, one hearing (if any) in a place the arbitrator decides, and one final award providing all relief the arbitrator decides each individual party is entitled to. NAM administers all batches concurrently where possible.

Supporting quotations

in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against WHOOP by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

Qualifications & exceptions

• Triggered by 25 or more Demands of a substantially similar nature by or with the help of the same law firm, group of law firms or organizations within a reasonably proximate period (for example 90 days).
• One hearing, if any, in a place chosen by the arbitrator rather than your home county.

Legal Rights & Agreement Rules · Procedure

An administrative arbitrator, paid by WHOOP, decides disagreements about whether Demands are substantially similar

Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. If the parties disagree about applying the Batch Arbitration process, the disagreeing party tells NAM, which appoints a sole standing Procedural Arbitrator or, if needed, an Emergency Arbitrator under the NAM Rules (the Administrative Arbitrator) to decide whether the process applies. The Administrative Arbitrator may set whatever procedures are needed to resolve such disputes promptly, and WHOOP pays the Administrative Arbitrator's fees.

Supporting quotations

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief.

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”).

The Administrative Arbitrator’s fees shall be paid by WHOOP.

Qualifications & exceptions

• WHOOP pays the Administrative Arbitrator's fees.

Legal Rights & Agreement Rules · Procedure

The parties cooperate to run batches efficiently, and Batch Arbitration is not class or representative arbitration

You and WHOOP agree to cooperate in good faith with NAM to put the Batch Arbitration process in place, including paying single filing and administrative fees for batches of Demands and steps to cut the time and cost of arbitration, which may include a discovery special master to help resolve discovery disputes and an expedited calendar. The Batch Arbitration provision is not to be read as authorizing or creating a class, collective or representative arbitration or action of any kind, except as that provision expressly sets out, and nothing about the process stops any party from taking part in an arbitration administered under it.

Supporting quotations

You and WHOOP agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

Qualifications & exceptions

• The cooperation steps listed are examples ("may include").

Legal Rights & Agreement Rules · User right or choice

You can opt out of arbitration by emailing legalnotices@whoop.com within 30 days, in your own name

You can opt out of the arbitration agreement by sending written notice to legalnotices@whoop.com within thirty days after you first become subject to it. The notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out. An opt-out notice is effective only if you send it yourself on an individual basis; notices from a third party purporting to act for you have no effect. If you opt out, the rest of the agreement still applies to you. Opting out does not affect arbitration agreements you already have with WHOOP, including earlier versions you did not timely opt out of, which stay in effect, or any arbitration agreement you enter in the future.

Supporting quotations

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legalnotices@whoop.com, within thirty (30) days after first becoming subject to this Arbitration Agreement.

Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or WHOOP’S rights.

If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

Qualifications & exceptions

• The 30 days run from when you first become subject to the arbitration agreement.
• Opt-out notices from third parties acting for you have no effect.
• Existing and future arbitration agreements with WHOOP are not affected by the opt-out.

Legal Rights & Agreement Rules · Restriction or exception

Invalid parts of the arbitration agreement are severed, but if Batch Arbitration fails the whole agreement is void

Except for the class waiver subsection, if part of the arbitration agreement other than Section 24.9 (Batch Arbitration) is found invalid or unenforceable, that part is severed and the rest stays in force. If Section 24.9 is found invalid or unenforceable, the entire arbitration agreement is void and all Disputes are heard in the state or federal courts designated by Section 25.1. You also agree that any Dispute with WHOOP covered by the arbitration agreement must be started within the applicable statute of limitation, or it is forever time barred, and that statutes of limitation apply in arbitration the same way as in the applicable court.

Supporting quotations

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 24.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 24.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts designated by Section 25.1 below.

You further agree that any Dispute that you have with WHOOP as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Qualifications & exceptions

• The class waiver subsection has its own severance rule.
• Section 25.2 separately sets a one-year filing deadline for claims about the Device or Services.

Legal Rights & Agreement Rules · Permission or license

WHOOP can change the arbitration agreement, with notice by email, and a change does not give you a new chance to opt out

WHOOP keeps the right to modify the arbitration agreement in the future. Changes are shared by email and you should check for updates regularly, and WHOOP agrees to notify you of any future material change. Continuing to use the WHOOP Device or Services, including accepting products and services offered after changes are posted, counts as accepting the changes. If you previously agreed to a version with an arbitration agreement and did not validly opt out, a change does not give you a new opportunity to opt out. WHOOP continues to honor valid opt-outs made under a prior version. The general update clause separately lets you reject an updated agreement within 30 days of posting; this clause says changes to the arbitration agreement give no new opt-out for an arbitration agreement you already accepted.

Supporting quotations

You and we agree that WHOOP retains the right to modify this Arbitration Agreement in the future. Any such changes will be shared via email and you should check for updates regularly. Notwithstanding any provision in this Agreement to the contrary, we agree that if WHOOP makes any future material change to this Arbitration Agreement, it will notify you.

Your continued use of the WHOOP Device and/or Services, including the acceptance of products and services offered by WHOOP following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. WHOOP will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

You may reject the updated Agreement by emailing WHOOP at support@whoop.com stating your name and email address associated with your Account and that you are rejecting the updated Agreement. Such rejection notice must be received within thirty (30) days of the posting of the updated Agreement.

Qualifications & exceptions

• Continued use counts as acceptance of changes to the arbitration agreement.
• No new opt-out opportunity arises from a change if you did not opt out before.
• Valid opt-outs from prior versions continue to be honored.

Not stated here

• The text does not say how the general right to reject an updated agreement applies to a change to the arbitration agreement.

Legal Rights & Agreement Rules · Restriction or exception

Massachusetts law and Boston courts apply, except Irish courts and local consumer rights for the EEA, UK and Switzerland

The agreement is governed by Massachusetts law without regard to conflict of law rules. Disputes not covered by an arbitration agreement go to the state or federal courts in Boston, Massachusetts, except that small claims actions may be brought in the county where you live, and WHOOP submits to the exclusive personal jurisdiction of those courts. If you live in the EEA, Switzerland or the UK, or in a country where the arbitration agreement is prohibited, the arbitration agreement does not apply to you, and the agreement, your use of the Services and Device and any Disputes are governed by foreign law and decided exclusively in the courts of Ireland, except to the extent prohibited by law. Individual consumers may still rely on mandatory consumer protection laws of their country of residence and may bring proceedings in that country's courts. If WHOOP needs to enforce its rights against you as an individual consumer in the EEA, it will do so only in your country of residence. The UN Convention on Contracts for the International Sale of Goods is excluded.

Supporting quotations

This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA, without respect to its conflict of law provisions. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the City of Boston in the Commonwealth of Massachusetts (except for small claims court actions which may be brought in the county where you reside). We expressly agree to submit to the exclusive personal jurisdiction of those courts.

If you are resident in the EEA, Switzerland or the UK, or a country in which the Arbitration Agreement is prohibited by local law, the Arbitration Agreement does not apply to you, and the Agreement, your use of the Services and any WHOOP Device and any Disputes between WHOOP and you will be exclusively governed by foreign law, and exclusively decided in the courts of Ireland, except to the extent prohibited by law.

If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If WHOOP needs to enforce its rights against you as an individual consumer in the EEA, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Qualifications & exceptions

• The Ireland rule is "except to the extent prohibited by law".
• Individual consumers keep mandatory consumer protection rights of their country of residence.
• WHOOP enforcement against EEA consumers happens only in their country of residence.

Not stated here

• The text does not name which foreign law governs for users in the EEA, Switzerland or the UK.

Legal Rights & Agreement Rules · Restriction or exception

Claims about the WHOOP Device or Services must be filed within one year or are barred forever

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the WHOOP Device or Services must be filed within one year after it arose, or it is barred forever. The arbitration section separately says Disputes must be started within the applicable statute of limitation for the claim.

Supporting quotations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the WHOOP Device or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Qualifications & exceptions

• Applies "regardless of any statute or law to the contrary".

Not stated here

• The text does not reconcile the one-year deadline with the arbitration section's reference to the applicable statute of limitation, which could be longer or shorter.

Cross-references

• contrast (model-proposed): Invalid parts of the arbitration agreement are severed, but if Batch Arbitration fails the whole agreement is void — contrast: One section sets a one-year filing deadline for claims about the Device or Services regardless of statute, while the arbitration section says Disputes must be started within the applicable statute of limitation. The two deadlines are not reconciled.

Legal Rights & Agreement Rules · Restriction or exception

You cannot transfer the agreement without WHOOP's written approval, but WHOOP can assign it freely

You may not transfer or assign the agreement, or any rights and licenses under it, without WHOOP's prior written approval. WHOOP may freely assign it, and the agreement benefits WHOOP's successors and permitted assigns.

Supporting quotations

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you without our prior written approval, but may be freely assigned by us. This Agreement will inure to the benefit of our successors and permitted assigns.

Legal Rights & Agreement Rules · Restriction or exception

If one term is invalid the rest stands, and WHOOP not enforcing a term does not waive it

Subject to Sections 24.4 and 24.11, if a court with competent jurisdiction finds a provision invalid, the rest of the agreement stays in force. If WHOOP fails to act on or enforce a provision, that is not a waiver of it or any other provision. A waiver is effective against WHOOP only if made in writing, and it does not extend to any other or later instance.

Supporting quotations

Subject to Sections 24.4 and 24.11, if any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Qualifications & exceptions

• Severability is subject to Sections 24.4 and 24.11, which have their own severance rules.

Legal Rights & Agreement Rules · Restriction or exception

The Terms of Use and other terms shown at account creation and payment are the entire agreement

Except as you and WHOOP expressly agree otherwise, the agreement and any other terms presented to you when you create your Account and pay Membership Fees are the entire agreement between you and WHOOP on the subject matter, and replace all earlier or simultaneous written or oral agreements on it.

Supporting quotations

Except as expressly agreed by us and you, this Agreement and any other terms presented to you in connection with your creation of your Account and payment of Membership Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

Qualifications & exceptions

• "Other terms" means those presented in connection with creating your Account and paying Membership Fees.

Not stated here

• The text does not list those other terms; Supplemental Terms such as the Terms of Sale are described elsewhere.

Legal Rights & Agreement Rules · Context

Sections that by nature should survive termination do, including User Content, Indemnity, Disclaimers and Disputes

All sections of the agreement that by their nature should survive termination do survive it, including the sections on User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, Dispute Resolution, and General.

Supporting quotations

All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, Dispute Resolution, and General.

Qualifications & exceptions

• The list is non-exhaustive ("without limitation").

Legal Rights & Agreement Rules · Restriction or exception

The agreement and any contract with WHOOP are in English only

The parties expressly wish that the agreement and all related documents be drawn up in English, and the agreement and any contract between you and WHOOP are only in English. A French sentence repeats this wish.

Supporting quotations

It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. This Agreement, and any contract between you and us, are only in the English language.

Legal Rights & Agreement Rules · Restriction or exception

App store terms may also apply, but the agreement is only between you and WHOOP

WHOOP offers software applications that may be available through the Apple App Store, the Google Play Store or other distribution channels. If you get software through a distribution channel you may be subject to that channel's additional terms. The agreement is between you and WHOOP only, not the distribution channel. You also agree to comply with the applicable terms of any agreement for other third-party products and services you use with the Services.

Supporting quotations

WHOOP offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

Not stated here

• The distribution channels' and other third parties' terms are separate documents that are not part of this source.

Legal Rights & Agreement Rules · Restriction or exception

For Apple-Enabled Software, WHOOP not Apple handles claims; Apple gives no support and refunds only the price

You and WHOOP acknowledge that the agreement is between WHOOP and you only, not Apple, and that WHOOP, not Apple, is solely responsible for the Apple-Enabled Software and its content. Apple has no obligation to provide maintenance or support. Apple is not responsible for product warranties; if the software fails to meet an applicable warranty you may notify Apple, which will refund the purchase price, if any, and to the maximum extent the law permits Apple has no other warranty obligation, with other warranty claims, losses and costs being WHOOP's responsibility to the extent they cannot be disclaimed. WHOOP, not Apple, addresses claims by you or third parties about the software or your use of it, including product liability, failure to meet legal or regulatory requirements and consumer protection claims, and WHOOP alone is responsible for investigating, defending, settling and discharging third-party intellectual property infringement claims. Questions, complaints or claims about the software go to WHOOP at the contact details in Section 26.

Supporting quotations

WHOOP and you acknowledge that this Agreement is concluded between WHOOP and you only, and not with Apple Inc. (“Apple”), and that as between WHOOP and Apple, WHOOP, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any;

WHOOP and you acknowledge that WHOOP, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

WHOOP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to WHOOP at the e-mail address, phone number or mailing address set forth in Section 26 of this Agreement.

Qualifications & exceptions

• Apple refunds the purchase price, if any, for failure to conform to a warranty.
• WHOOP is responsible for other warranty claims to the extent they cannot be disclaimed under applicable law.

Legal Rights & Agreement Rules · Restriction or exception

You represent that you are not in an embargoed or terrorist-supporting country or on a US prohibited-party list

You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties. The text places this representation among the Apple-Enabled Software terms.

Supporting quotations

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Qualifications & exceptions

• The statement sits in the list of terms for Apple-Enabled Software; the text does not say whether it applies to your use of other Services.

Not stated here

• The text does not say whether the representation applies to users of Services other than the Apple-Enabled Software.

Legal Rights & Agreement Rules · Permission or license

Apple and its subsidiaries can enforce the agreement against you as third-party beneficiaries for Apple-Enabled Software

WHOOP and you agree that Apple and its subsidiaries are third-party beneficiaries of the agreement with respect to the Apple-Enabled Software, and that when you accept the agreement Apple has, and is deemed to have accepted, the right to enforce it against you as a third-party beneficiary.

Supporting quotations

WHOOP and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Qualifications & exceptions

• Limited to the Apple-Enabled Software.

Legal Rights & Agreement Rules · Restriction or exception

WHOOP is not liable for delays from events outside its control; UK users can cancel after 60 days

WHOOP is not liable for any delay or failure to perform caused by matters outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor or materials. For UK users only, if a force majeure event affects WHOOP's obligations, WHOOP will contact you as soon as reasonably possible, its obligations are suspended and the time to perform is extended for the duration of the event, and you may cancel the affected Service if the event has continued for more than 60 days by contacting WHOOP.

Supporting quotations

WHOOP shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

For U.K. users only: If a force majeure event occurs that affects WHOOP’s performance of its obligations under this Agreement: (i) WHOOP will contact you as soon as reasonably possible to notify you; and (ii) WHOOP’s obligations under this Agreement will be suspended and the time for WHOOP’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Service affected by a force majeure event which has continued for more than 60 days. To cancel, please contact WHOOP.

Qualifications & exceptions

• The notice, suspension and 60-day cancellation right apply to UK users only.

Not stated here

• The text does not say whether users outside the UK can cancel when a force majeure event continues.

Legal Rights & Agreement Rules · Procedure

Contact Membership Services at support@whoop.com, by phone or at the Boston mailing address

For questions about the Services, contact Membership Services at support@whoop.com or by phone at 1-833-948-0566. WHOOP's mailing address is Whoop, Inc., One Kenmore Square #601, Boston, MA 02215.

Supporting quotations

If you have any questions regarding the Services, please contact Membership Services via support@whoop.com or call 1-833-948-0566. Our mailing address is Whoop, Inc., One Kenmore Square #601 Boston, MA 02215.

Legal Rights & Agreement Rules · User right or choice

California residents can report complaints to the state Complaint Assistance Unit

Under California Civil Code section 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Supporting quotations

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.