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.
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.
Account & Service Control · Restriction or exception
If you sign up for an organization, you promise you can bind it
"You" means the person using the Services. If you create an account for an employer, company, organization or other entity, "you" covers both you and that entity, and you state that you are authorized to bind the entity to the agreement and that you accept it on its behalf.
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if you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to “you” in this Agreement includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
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.
How WHOOP collects and uses personal data is set out in the WHOOP Privacy Policy
The Terms of Use do not describe personal data practices themselves. They point to the WHOOP Privacy Policy at whoop.com/privacy for the details of how WHOOP collects and uses your personal data.
Supporting quotations
Details of how we collect and use your personal data are set out in the WHOOP Privacy Policy (whoop.com/privacy).
Not stated here
The WHOOP Privacy Policy is a separate document that is not part of this source, so its terms are not described here.
Use & Processing · Company practice
A Membership includes a WHOOP Device and access to services that track your recovery, sleep and strain
The WHOOP Membership includes a WHOOP Device plus access to certain Services, including the WHOOP App. The Services may let you track information collected by the Device, including your recovery, sleep and strain, and provide insights and coaching. WHOOP provides the Services in connection with its partners, service providers, sponsors or other affiliates.
Supporting quotations
The WHOOP Membership includes a WHOOP Device plus access to certain Services, including the WHOOP App. The Services may allow you to track information collected by the WHOOP Device, including your recovery, sleep, and strain, and provide insights and coaching. The Services are provided to you by WHOOP and in connection with our partners, service providers, sponsors, or other affiliates.
Qualifications & exceptions
The text says the Services "may" allow tracking and provide insights and coaching; it does not guarantee any specific feature.
Not stated here
The text does not name the partners, service providers, sponsors or affiliates, or say what data they receive.
Charges & Financial Obligations · Permission or license
Membership options, tiers and prices can change at WHOOP's sole discretion
WHOOP offers several Membership options (for example Annual and 24-Month) and tiers (for example WHOOP One, WHOOP Peak and WHOOP Life). Options and pricing may change from time to time at WHOOP's sole discretion. Current options and pricing are listed at join.whoop.com.
Supporting quotations
WHOOP offers multiple Membership options (e.g. Annual, and 24-Month) and tiers (e.g. WHOOP One, WHOOP Peak, and WHOOP Life). Membership options and pricing may change from time to time at the sole discretion of WHOOP. Currently available Membership options and pricing information for each Membership can be found at join.whoop.com.
Qualifications & exceptions
The names listed are examples ("e.g."), not a complete list.
Not stated here
This section does not say whether a change applies to existing Members; billing and renewal sections cover that.
Account & Service Control · Restriction or exception
To get a Membership you must pay, create an Account and give accurate information
To use a Membership you must subscribe, pay any applicable Membership Fees as and when due, and create an Account. You agree to give true, accurate and complete information and keep your Account information current. WHOOP also requires a valid credit card or other account information from a valid payment provider it accepts as a condition of signing up for a Membership or other subscriptions, and you must keep your billing information current, complete and accurate. You may not use a username that impersonates another person, that is subject to someone else's rights without authorization, or that is obscene, hateful, racially or ethnically offensive or otherwise inappropriate.
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2.1. You must pay any applicable subscription fees and open an account to obtain a Membership.
To use a Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) as and when due, and create an account on the Services (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated.
You shall not select or use as a username (i) a name of another person with the intent to impersonate that person; (ii) a name subject to any rights of a person other than yourself without appropriate authorization or (iii) a name that is obscene, hateful, racially or ethnically offensive, or is otherwise inappropriate.
You must provide WHOOP with a valid credit card or other account information from a valid payment provider accepted by WHOOP (each, a “Payment Provider”) as a condition to signing up for a Membership and/or other subscriptions.
You must provide current, complete and accurate information for your billing information.
Qualifications & exceptions
The payment method requirement comes from the Billing section (8.2) and the billing information duty from 8.4.
Account & Service Control · Restriction or exception
You are responsible for everything done under your Account and must report security problems
You are solely responsible for all activities that occur under your Account or password and for keeping your password confidential and secure. You may never use another person's account or registration information without permission. You must notify WHOOP immediately of any security breach or unauthorized use of your Account or password, and you should never publish, distribute or post your login information. You can delete your Account directly; the agreement refers you to the WHOOP Privacy Policy for instructions.
Supporting quotations
You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission.
You agree to notify us immediately of any breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account directly: see the WHOOP Privacy Policy for further instructions.
Qualifications & exceptions
The duty to notify is "immediately" on any breach of security or unauthorized use.
Not stated here
The account deletion instructions are in the WHOOP Privacy Policy, which is not part of this source.
Account & Service Control · Restriction or exception
You must be at least 13, or older if local law sets a higher age, and minors need parental consent
You state that you are at least 13 years old, or the higher minimum age your local law requires. If you are under the legal age to make a binding contract where you live, you may use the Services only with parental consent: your supervising parent or legal guardian is treated as the user under the agreement and is responsible for all activity, and you state that they have reviewed and agreed to the agreement and the Privacy Policy. If you are under 13 or under the higher local age, you may not use the Services under any circumstances. In some countries and jurisdictions WHOOP may set a higher age limit, such as 18, to set up an Account.
Supporting quotations
You represent and warrant that you are at least 13 years of age or the minimum age mandated by the law of your local jurisdiction to use the Services herein if such age is over 13 years of age, provided that if you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and the Privacy Policy. If you are under age 13 or the age mandated by the law of your local jurisdiction to use the Services herein (if over the age of 13), you may not, under any circumstances or for any reason, use the Services.
In some countries and jurisdictions, we may set a higher age limit, such as 18 years of age, to set up an Account.
Qualifications & exceptions
The age threshold is 13 or the age required by local law if that is higher; WHOOP "may" set a higher limit such as 18 in some places.
Parental consent applies to users who are old enough to use the Services but under the legal age to form a binding contract.
Account & Service Control · Restriction or exception
WHOOP can refuse service and change eligibility, and you cannot use the Services where the law prohibits it
WHOOP may, in its sole discretion, refuse to offer the Services to any person or entity and may change its eligibility criteria at any time. You may not access the Services where the agreement or use of the Services is prohibited or restricted, or to the extent that offering, selling or providing the Services conflicts with applicable law, rule or regulation.
Supporting quotations
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
You are not permitted to access the Services where this Agreement or use of the Services is prohibited or restricted, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Use & Processing · Context
The Services include Content and AI Technology, including third-party large language models and WHOOP Coach
WHOOP may make available text, graphics, images, video, audio, data, analyses, reports and other material through the Services (the "Content"). The Services include WHOOP's own and third-party advanced technology such as artificial intelligence and machine learning, including third-party large language models, which the agreement calls AI Technology. The AI Technology offered in the Services includes Whoop Coach. Separately, the Services also give access to links to and content from third-party websites, products and services (External Services), which may themselves include AI Technology and may be governed by separate terms between you and those third parties.
Supporting quotations
WHOOP may make available to you certain text, graphics, images, video, audio, data, analyses, reports, and other information and material through the Services (collectively referred to as the “Content”).
The Services includes proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third party large language models (“LLM”). AI Technology made available in the Services includes Whoop Coach.
The External Services may include AI Technology, including LLM. 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.
Qualifications & exceptions
External Services are provided as a convenience, are not endorsed by WHOOP and may have separate legal terms between you and third parties.
Not stated here
This section does not say what data the AI Technology or third-party large language models receive or how they use it.
You get a limited personal license to the Content and AI Technology while your Membership is active
Subject to the agreement and your active, valid Membership, WHOOP grants you a worldwide, non-exclusive, non-sublicensable, non-transferable limited license to access and use the Content and to use the AI Technology provided as part of the Services. The license excludes AI Technologies that are External Services, extends only as far as your Membership or other subscribed Services include them as described at purchase, and is only for your personal use.
Supporting quotations
Subject to this Agreement and your active and valid Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license solely to (i) access and use the Content and (ii) use the AI Technology provided as a part of the Services (other than AI Technologies that are External Services), solely, in each case, to the extent included in your Membership or other Services you are subscribed to, as described at the time of such purchase and solely for your personal use of the Services.
Qualifications & exceptions
Requires an active and valid Membership.
Limited to what your Membership or other subscribed Services include, as described at the time of purchase.
Excludes AI Technologies that are External Services.
Personal use only.
Content & IP Rights · Permission or license
You get a revocable license to use the WHOOP App on one mobile device you own or control, with store-specific rules
If you comply with the agreement, WHOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use one copy of the WHOOP App on a single mobile device that you own or control, solely for your own personal use. If you get the App from the Apple App Store, you may use it only on an Apple-branded product running iOS and as permitted by the Usage Rules in the Apple App Store Terms of Service. If you get it from Google Play, you may have additional license rights to use it on a shared basis within your designated family group.
Supporting quotations
Subject to your compliance with the Agreement, WHOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the WHOOP App on a single mobile device that you own or control and to run such copy of the WHOOP App solely for your own personal use.
you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
with respect to any WHOOP App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
Qualifications & exceptions
Conditional on compliance with the agreement and revocable.
Apple App Store version: Apple-branded iOS products only, subject to the Apple Usage Rules.
Google Play version: may have additional family-group sharing rights.
Not stated here
The Apple Usage Rules and Google Play family-group terms are third-party terms that are not part of this source.
Content & IP Rights · Permission or license
Software on the WHOOP Device is licensed to you for personal use, with open source terms available on request
Software other than the WHOOP App that is made available through the Services, including the software embedded in the WHOOP Device, is governed by the agreement. If you comply, WHOOP grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use it only to enable your use of the Services in the permitted manner and only for personal use. Some Software may be offered under open source licenses, which WHOOP will make available on request, and those licenses may expressly override some of these terms.
Supporting quotations
Subject to your compliance with this Agreement, WHOOP grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement, solely for your personal use.
Some Software may be offered under open source licenses that we will make available to you upon your request. There may be provisions in the open source licenses that expressly override some of these terms.
Qualifications & exceptions
Conditional on compliance and revocable.
Open source license provisions may override some of these terms.
Not stated here
The text does not identify which Software is under open source licenses.
Content & IP Rights · Restriction or exception
You may not sell, rent, copy, republish or commercially exploit the Services without WHOOP's written permission
You may not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute or otherwise commercially exploit any of the Services without WHOOP's prior written permission. You also may not use, copy, display, download, post, republish, store or transmit any part of the Services, including Content, for any purpose other than what the agreement expressly allows or WHOOP approves in writing.
Supporting quotations
You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute, or otherwise commercially exploit any of the Services except with our prior written permission.
You shall not use, copy, display, download, post, republish, store, or transmit in any form and by any means, any part of the Services, including any Content, for any purpose other than as expressly permitted in this Agreement or with our prior written permission.
Qualifications & exceptions
Exception: uses the agreement expressly permits, or uses with WHOOP's prior written permission.
Content & IP Rights · Restriction or exception
WHOOP and others own the Services and Content; you get only the limited rights the agreement grants
The Services may be owned by WHOOP or provided through arrangements with others, including other users, licensors, partners, sponsors or affiliates. They are protected by intellectual property rights such as patent, trademark, copyright and database rights, and unauthorized use may infringe those rights. Other than your rights in your User Content, you have no rights in the Content or the Services beyond the limited rights and licenses the agreement expressly sets out, and no other use is allowed without prior written consent from WHOOP or the owner of the Content or Services.
Supporting quotations
The Services may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates.
The Services are protected by intellectual property rights, including, for example, patent, trademark, copyright, and database rights. Unauthorized use of the Services may infringe such intellectual property rights and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content or other Services other than the limited rights and licenses as expressly set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content or Services.
Qualifications & exceptions
Your rights in User Content are the stated exception.
Not stated here
"User Content" is defined elsewhere in the agreement; its license to WHOOP is covered in the section on your own content.
Account & Service Control · Restriction or exception
If you violate the agreement, your permission to use the Content and Services ends and you must destroy Content copies
If you violate any part of the agreement, your permission to access and use the Content and Services terminates automatically, and you must immediately destroy any copies of the Content you made.
Supporting quotations
If you violate any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Qualifications & exceptions
Termination is automatic on a violation of any part of the agreement.
Not stated here
This sentence does not say how it interacts with the separate termination and refund terms elsewhere in the agreement.
Content & IP Rights · Restriction or exception
WHOOP and third-party trademarks may not be used without permission
"WHOOP" and its stylizations, graphics, logos, service marks and trade names are WHOOP trademarks and may not be used without permission in connection with your or anyone else's products or services. Other company, product and service names shown on the Services may be trademarks of others; using the Services gives you no license to use them, and they may not be used to disparage the owner or its products or services, or in any way that, in WHOOP's reasonable judgement, may damage goodwill in them.
Supporting quotations
“WHOOP” and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of WHOOP and may not be used without permission in connection with your, or any third-party’s, products or services.
Your use of the Services does not grant you, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner which, in our reasonable judgement, may damage any goodwill in the Third-Party Trademarks.
Account & Service Control · Restriction or exception
The Services are for personal use only, not commercial activities, unless WHOOP approves in advance in writing
The Services are provided for personal use only and may not be used in connection with commercial activities, except those WHOOP expressly approves in advance in writing.
Supporting quotations
4.2. The Services are provided for personal use only
The Services are provided to you for personal use only and may not be used in connection with any
commercial activities except those that are expressly approved by WHOOP in advance in writing.
Qualifications & exceptions
Exception: commercial activities expressly approved in advance in writing by WHOOP.
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.
Content & IP Rights · Restriction or exception
You may not harvest user contacts, scrape WHOOP Services or harm their operation
Among the activities the agreement expressly prohibits, and to which your rights and licenses are subject, are collecting other users' usernames or email addresses to send unsolicited messages; any use that may harm or degrade the reliability, speed or operation of the Services or underlying hardware or software, for example by introducing malware, hacking or bypassing security; and web scraping, harvesting or data extraction from WHOOP Services even if the Account owner gives permission. The only exception stated is a revocable permission for operators of public search engines to use spiders to copy materials from the Website solely to create publicly available searchable indices, but not caches or archives.
Supporting quotations
The following activities are expressly prohibited and the rights and licenses under this Agreement are subject to these restrictions:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security;
(iii) use of web scraping, web harvesting, or web data extraction methods from WHOOP Services even if the Account owner gives permission (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
Qualifications & exceptions
Scraping is prohibited even with the Account owner's permission.
The search engine exception covers the Website only, is revocable, and excludes caches and archives.
Content & IP Rights · Restriction or exception
You may not reverse engineer the Services, frame them, use WHOOP's name as hidden text, or remove copyright notices
Also expressly prohibited are using metatags or other hidden text that uses WHOOP's name or trademarks; modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling or reverse engineering the Services, including any Software, except to the extent applicable law expressly prohibits that restriction; using framing techniques to enclose any trademark, logo or other part of the Services; and removing or destroying copyright notices or other proprietary markings on or in the Services.
Supporting quotations
(iv) using any metatags or other “hidden text” using WHOOP’s name or trademarks; (v) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, or reverse engineering the Services, including any Software, except to the extent this restriction is expressly prohibited by applicable law; (vi) framing or utilizing framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form);
and (ix) removing or destroying any copyright notices or other proprietary markings contained on or in the Services.
Qualifications & exceptions
The reverse engineering ban does not apply to the extent applicable law expressly prohibits the restriction.
Account & Service Control · Restriction or exception
You may not use the Services unlawfully or use the WHOOP Device for purposes other than the Services
The agreement also expressly prohibits any use of the Services that is unlawful or violates the agreement, and any use of the WHOOP Device for purposes other than the Services.
Supporting quotations
(vii) any use of the Services which is unlawful or in violation of this Agreement, (viii) any use of the WHOOP Device for purposes other than the Services,
Not stated here
The text does not say what counts as a purpose "other than the Services" for the Device.
Charges & Financial Obligations · Restriction or exception
You need a supported WHOOP Device, a supported mobile device and internet access, and you pay internet charges
Using your Membership, and possibly other Services, depends on having a supported WHOOP Device, a supported mobile device and internet access. You are responsible for having internet access and a working mobile device and for all internet access charges, and the agreement suggests you check with your internet provider about possible data usage charges.
Supporting quotations
Use of your Membership is dependent, and other Services may be dependent, upon a supported Whoop Device, supported mobile device and internet access. It is your responsibility to ensure access to the internet and functionality of your mobile device. You are responsible for all internet access charges.
Qualifications & exceptions
Dependence on equipment applies to the Membership, and "may" apply to other Services.
Not stated here
The agreement does not list which devices are supported.
Charges & Financial Obligations · Restriction or exception
If you do not keep a Membership or pay Membership Fees when due, WHOOP can end your access or your Membership
If you do not maintain a Membership or do not pay all Membership Fees when due, WHOOP may terminate your access to some or all of the Services, including your Account, until the Membership Fees are paid in full, and/or may terminate your Membership.
Supporting quotations
5.1. You must have an active Membership in place to use the Services
If you do not maintain a Membership or pay all Membership Fees when due, WHOOP may (i) terminate your access to some or all of the Services, including your Account until such Membership Fees are paid in full and/or (ii) terminate your Membership.
Qualifications & exceptions
The text says WHOOP "may" do either or both.
Charges & Financial Obligations · Procedure
When your Membership starts depends on whether you bought directly, received a gift or bought from a reseller
If you bought directly from WHOOP, your Membership begins on the earlier of the day you connect your WHOOP Device or 30 days after WHOOP delivers the Device for your own purchase, or 60 days after delivery for a gift given to you. If you bought from an Authorized Reseller or other third party, your Membership begins on the day you connect your WHOOP Device. Trial memberships are activated as described in Section 7.
Supporting quotations
If you purchased Services directly from WHOOP, your Membership will begin on the earlier of: (i) the day you connect your WHOOP Device, or (ii) thirty (30) days after delivery of your WHOOP Device by WHOOP for a purchase made by you, or sixty (60) days after delivery of your WHOOP Device by WHOOP for a gift given to you.
If you purchased Services from an Authorized Reseller or other third party, your Membership will begin on the day you connect your WHOOP Device.
Qualifications & exceptions
Direct purchase: 30 days after delivery; gift: 60 days after delivery; reseller or other third party: the day you connect the Device.
Not stated here
Trial membership activation is described in Section 7, which is covered by its own cards.
Charges & Financial Obligations · Company practice
Your Membership auto-renews at the then-current price until you cancel, and WHOOP charges your payment method
Your Membership continues and auto-renews at WHOOP's then-current price for that Membership until you cancel in accordance with the agreement. The specific terms of your Membership, including how often it renews, are given to you during signup and are part of the agreement. By signing up for a recurring Membership you accept that Membership Fees plus applicable taxes are billed at the start of your paid Membership and then continuously at regular intervals according to your choices at purchase until you cancel, and you authorize WHOOP to charge your credit card or other designated payment form at signup and at the beginning of each later subscription period (for example monthly, annually or biennially depending on your Membership).
Supporting quotations
Your Membership will continue and auto-renew at WHOOP’s then-current price for such Membership until you cancel such Membership in accordance with this Agreement. The specific terms of your Membership (including the frequency at which your Membership renews) are provided to you as part of your initial signup process and are incorporated into this Agreement.
By choosing and signing up for a recurring Membership, you acknowledge that the applicable Membership Fees plus applicable taxes will be billed at the start of your paid Membership (“Membership Commencement Date”) and thereafter, continuously, at regular intervals in accordance with your elections at the time of purchase until you cancel your Membership in accordance with this Agreement.
By subscribing to a Membership, you authorize WHOOP to charge your credit card (or other designated payment form) for the Membership Fee plus applicable taxes at the time you subscribe and at the beginning of each subsequent Membership subscription period according to your subscription terms as described to you in the process of obtaining your Membership (e.g., monthly, annually, or biennially depending on your Membership) until you cancel your Membership.
Qualifications & exceptions
Renewal price is WHOOP's then-current price, not necessarily the price you first paid.
Billing frequency depends on the terms shown during signup.
Charges continue until you cancel in accordance with the agreement.
Not stated here
How to cancel is explained in another section.
Account & Service Control · Permission or license
A free Membership lasts for its stated period, and after 6 months WHOOP can change or end it with or without notice
A free Membership continues until the earlier of the end of the free Membership period (or 1 month if no period is stated) or when it is otherwise terminated under the agreement. If a free Membership has lasted longer than 6 months for any reason, WHOOP reserves the right at any time to modify or discontinue it, temporarily or permanently, along with your Account and your access to the Services, with or without notice.
Supporting quotations
If you have obtained a free Membership, your free Membership shall continue until the earlier of (1) the end of the applicable free Membership period (or if no period is stated, 1 month), or (2) when otherwise terminated in accordance with this Agreement.
If your free Membership has lasted longer than 6 months for whatever reason, WHOOP reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice.
Qualifications & exceptions
The 6-month right applies only once a free Membership has lasted longer than 6 months.
Default period is 1 month if none is stated.
Charges & Financial Obligations · Company practice
Continuing to use your Membership reaffirms that WHOOP may charge your payment method
Not terminating your Membership, or continuing to use it, reaffirms that WHOOP is authorized to charge your Payment Method for fees related to that Membership. WHOOP may submit those charges for payment and you are responsible for them, without waiving WHOOP's right to seek payment directly from you. Charges may be payable in advance or as otherwise described in the terms for your Membership.
Supporting quotations
Your non-termination or continued use of your Membership reaffirms that we are authorized to charge your Payment Method for any fees related to that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described for your Membership under the terms applicable to such Membership.
Qualifications & exceptions
Charges may be payable in advance or as described in the terms of your Membership.
Charges & Financial Obligations · Permission or license
WHOOP can change prices and plans; Membership Fee changes get 15 days' notice and you can cancel before they apply
WHOOP may change the pricing of Memberships and of the Services in a Membership plan from time to time by posting the change on the Services. It will notify you at least fifteen days before any change to your Membership Fee takes effect, and if you do not want to accept a price change or a change to your plan, you can cancel your Membership before the change takes effect. A separate billing section says WHOOP reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email to you, and does not repeat the fifteen-day notice.
Supporting quotations
We may change, and reserve the right to change, the pricing of Memberships and Services available under a Membership plan from time to time, by posting such changes on the Services. We will notify you at least fifteen days before any changes to your Membership Fee will become effective. If you do not wish to accept the price change or change to your Membership plan, you can cancel your Membership before the change takes effect.
WHOOP reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
Qualifications & exceptions
Fifteen days' advance notice applies to changes to your Membership Fee.
You must cancel before the change takes effect to avoid it.
The billing section describes changes to prices and billing methods taking effect immediately on posting or by email.
Not stated here
The agreement does not explain how the fifteen-day notice and the "immediately upon posting" statement fit together for a Membership you already hold.
Account & Service Control · Restriction or exception
If you do not pay, your Account becomes inactive after three days and new data from your Device may be lost
If any Membership Fees are outstanding, your Account goes into an inactive state three days after non-payment. While inactive you cannot upload data from your WHOOP Device, though you may still be able to access historical data uploaded before it went inactive. When you make appropriate payment the Account is reactivated with full functionality. If your Membership is placed in an inactive state for late payment, there is a risk that data that would otherwise have been collected during that period will not be available on your WHOOP Device or otherwise recoverable.
Supporting quotations
If any Membership Fees due are outstanding, your Account will go into an inactive state three days after non-payment. In this inactive state, you will be unable to upload data from your WHOOP Device. You may, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state.
Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your WHOOP Device. If your Membership has been placed into an inactive state due to late payment of Membership Fees there is a risk that the data that would otherwise have been collected during that period will not be available on your WHOOP Device or otherwise recoverable.
Qualifications & exceptions
Historical data uploaded before inactivity may still be accessible ("may").
Data not uploaded during the inactive period may be unrecoverable.
Charges & Financial Obligations · Company practice
If the full annual fee fails, WHOOP charges one-twelfth monthly and can suspend or end access if amounts stay unpaid
WHOOP attempts to charge your payment method for the full annual subscription fee each month. If the full annual charge succeeds, your 12-month membership term begins on that date. If it cannot be processed, for example because of insufficient funds, WHOOP instead charges one-twelfth of the annual fee (a Partial Charge) for that month, and keeps trying the full annual fee in later months, processing a Partial Charge when that fails. This repeats until the full annual fee is processed or you cancel. You authorize these charges to your payment method on file, WHOOP may suspend or terminate access to the Services if amounts remain unpaid, and you remain responsible for all outstanding amounts.
Supporting quotations
We will attempt to charge your payment method for the full annual subscription fee each month. If the full annual charge is successful, your 12-month membership term will begin on that date.
If we are unable to process the full annual charge due to insufficient funds or other failure, we will instead charge one-twelfth (1/12) of the annual subscription fee (“Partial Charge”) for that month. We will continue to attempt to charge the full annual subscription fee in subsequent months, and if unsuccessful, will process a Partial Charge. This billing structure will continue on a recurring basis until the full annual subscription fee is successfully processed or your membership is cancelled.
You authorize us to make these charges using your payment method on file. We may suspend or terminate access to the Services if amounts remain unpaid. You remain responsible for all outstanding amounts.
Qualifications & exceptions
The text describes the annual subscription fee; it does not say whether this applies to monthly plans.
Suspension or termination "may" happen if amounts remain unpaid.
Not stated here
The text does not say which Membership plans this billing structure applies to beyond the annual subscription.
Charges & Financial Obligations · Restriction or exception
The Membership subscription rules in Section 5.3 do not apply to the WHOOP Connected Care Program
Section 5.3 (how your Membership subscription works) does not apply to the WHOOP Connected Care Program. The agreement refers readers to the Connected Care Program terms for information on those subscriptions.
Supporting quotations
5.3.6. This Section 5.3 shall not apply to the WHOOP Connected Care Program.
Not stated here
The Connected Care Program terms are a separate document that is not part of this source, so how those subscriptions work is not described here.
You cancel in Account settings or by email; it takes effect at the end of the term with no prorated refund
To change or cancel your Membership, go to Account settings at app.whoop.com or contact WHOOP at support@whoop.com. If you cancel in the middle of a term, your Membership ends when your current term expires and is not renewed, and you can keep using it until then. WHOOP will not give a prorated refund of any part of the Membership Fee paid for the current term. To avoid being charged again, you must cancel before the end of the current term. If you did not buy your Membership directly from WHOOP, you must use the instructions of the party or method through which you purchased it.
Supporting quotations
To change or cancel your Membership, go to Account settings at https://app.whoop.com or contact WHOOP at support@whoop.com.
If you cancel your Membership during the middle of your Membership term, your Membership will be terminated as of the expiration of your then-current term and will not be renewed. You may continue to use your Membership until the end of your then-current term. WHOOP will not provide any prorated refund of any portion of the Membership Fee paid for the then-current Membership term. If you do not want to continue to be charged on a recurring basis, you must cancel your Membership before the end of the then-current term.
If you did not purchase your Membership directly from WHOOP, please refer to the party or method through which you purchased your Membership for cancellation instructions.
Qualifications & exceptions
No prorated refund of the Membership Fee for the current term.
Cancellation must happen before the end of the current term to stop recurring charges.
Memberships not bought directly from WHOOP are cancelled through the seller.
Retention & Deletion · Company practice
When your Membership ends, your licenses and right to use the Services end and Your Content is unavailable
When your Membership terminates, all licenses granted under the agreement end automatically, your right to use the Services ceases and Your Content will no longer be available to you through the Services. You can request a copy of the data collected by your WHOOP Device by following the instructions in the WHOOP Privacy Policy.
Supporting quotations
Upon termination of your Membership, all licenses granted to you under this Agreement shall terminate automatically, your right to use the Services shall cease and Your Content, as defined below, will no longer be available to you through the Services but you can request a copy of your data collected by the Whoop Device by following the instructions set forth in the WHOOP Privacy Policy.
Qualifications & exceptions
A copy of data collected by the Device can be requested; the instructions are in the WHOOP Privacy Policy.
Not stated here
The Privacy Policy is a separate document that is not part of this source, so how long data is kept after termination is not described here.
Account & Service Control · Permission or license
A Free Trial is one month in select countries and may come with a new or pre-owned WHOOP Device
WHOOP may offer a free one-month Free Trial of its Membership to end users in select countries so they can try certain Membership Services before choosing a Membership option. This section sets additional legally binding terms for a WHOOP Trial. During a Free Trial you can use a WHOOP Device and associated access to certain Membership Services. The Device may be new or pre-owned at WHOOP's sole discretion; a pre-owned Device will have been inspected and tested but may have slight cosmetic damage such as minor scratches.
Supporting quotations
WHOOP may offer a free one-month trial period of its Membership to end users in select countries (a “Free Trial” or “WHOOP Trial”) to allow the end user to try certain Membership Services before committing to one of the WHOOP Membership options.
This Section sets forth additional legally binding terms and conditions that govern a WHOOP Trial.
If you select a Free Trial, you will be able to use a WHOOP Device and associated access to certain Membership Services during the Free Trial period. The WHOOP Device included in a Free Trial may be either a new or pre-owned WHOOP Device at the sole discretion of WHOOP. Any pre-owned WHOOP Device provided as part of a Free Trial will have been thoroughly inspected and tested to ensure it is ready for use, but may have slight cosmetic damage such as minor scratches.
Qualifications & exceptions
Offered in select countries only; WHOOP "may" offer it.
Device condition (new or pre-owned) is at WHOOP's sole discretion.
Not stated here
The text does not say which countries are covered or whether the pre-owned Device must be returned.
Charges & Financial Obligations · Company practice
Your Free Trial automatically becomes a paid annual Membership unless you cancel or choose another plan
At the end of your Free Trial your use automatically rolls into a paid Peak annual Membership at the Membership Fee in effect at the start of the Free Trial, and you are charged, unless you cancel before the Membership Commencement Date. If you choose another Membership package before the Free Trial ends, the trial rolls into a paid Membership of that type instead. If you are inadvertently charged for a Membership and give WHOOP written notice of the error, WHOOP will reverse the charges.
Supporting quotations
At the end of your Free Trial, your use of the Services will automatically roll into a paid Peak annual Membership at the Membership Fee in effect at the start of your Free Trial and you will be charged for such Membership as set forth above in this Section if you do not cancel prior to the Membership Commencement Date, unless you elect another Membership package prior to the end of your Free Trial, in which case your Free Trial will roll into a paid Membership of the type you elected.
If you are inadvertently charged for a Membership and provide us with written notice of the error, WHOOP will have the charges reversed.
Qualifications & exceptions
The default is a paid Peak annual Membership at the fee in effect at the start of the Free Trial.
You must cancel before the Membership Commencement Date to avoid the charge.
Reversal of an inadvertent charge requires your written notice of the error.
Not stated here
The text does not state the Peak annual fee amount or the Membership Commencement Date for a trial; those come from the signup process.
Charges & Financial Obligations · Restriction or exception
If you cancel a Trial you must return the Device within 14 days or pay a $110 restocking fee
If you cancel your WHOOP Trial during the trial period, you must return your WHOOP Device within 14 days of cancellation (the Return Period). WHOOP reserves the right to charge for shipping costs associated with the return. If you cancel but do not return the Device within the Return Period, you will be charged a restocking fee of $110.
Supporting quotations
If you cancel your WHOOP Trial during the WHOOP Trial period, you must return your WHOOP Device within 14 days of cancellation (the “Return Period”). WHOOP reserves the right to charge for any shipping costs associated with a return of the WHOOP Device. If you cancel your WHOOP Trial but do not return your WHOOP Device within the Return Period, you will be charged a restocking fee of $110.
Qualifications & exceptions
The 14 days run from the cancellation of the Trial.
The $110 restocking fee applies if the Device is not returned within the Return Period.
WHOOP "reserves the right" to charge return shipping costs.
Account & Service Control · Restriction or exception
Free Trials are only for new end users in select countries
Free Trials are available only to new end users in select countries as shown in the signup process. WHOOP Trials are also subject to the other terms of the agreement and the terms that accompany the offer.
Supporting quotations
Free Trials are only available to new end users in select countries as indicated in the signup process. WHOOP Trials are subject to all other applicable terms and conditions set out in this Agreement and that accompany such offer.
Not stated here
The countries that count as "select countries" are not listed in this text.
Charges & Financial Obligations · Restriction or exception
You pay the Membership Fees and other agreed fees, which are non-refundable unless the agreement says otherwise
You agree to pay the Membership Fees and other fees for Services you agree to, as described in the agreement and during purchase and payment, including the initial Membership Fee. Payment terms shown when you get a Membership or other Services are part of the agreement. Some programs, such as the WHOOP Connected Care Program, may be free or discounted. Unless the agreement says otherwise, and to the extent applicable law permits, all Membership Fees are non-refundable even if you stop using the Services. One stated exception is the Device return procedure, which makes the Initial Membership Fee refundable, less return shipping costs, if the Device is received within thirty days of the return request.
Supporting quotations
You agree to pay the Membership Fees, and other fees for Services agreed upon by you, as described in this Agreement and during the purchase and payment process, including without limitation the initial Membership Fee (as described above). Any payment terms presented to you in the process of obtaining your Membership or other Services are deemed part of this Agreement and are incorporated into this Agreement by reference.
Some programs (such as the WHOOP Connected Care Program) may be free or discounted to you. Unless otherwise stated herein, to the extent permitted by applicable law, all Membership Fees are non-refundable, even if you stop using the Services.
Once you have requested your return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as the WHOOP Device is received within thirty (30) days from the date you requested the return.
If you do not return the WHOOP Device within that 30-day period, you will not receive a refund of the Initial Membership Fee.
Qualifications & exceptions
Non-refundable "to the extent permitted by applicable law" and "unless otherwise stated".
The Device return refund applies only if the Device is received within 30 days from the date you requested the return.
Not returning the Device within that 30-day period means no refund of the Initial Membership Fee.
Not stated here
Other refund terms, including those for the Terms of Sale, may exist in other parts of the agreement or other documents.
Sharing & Disclosure · Permission or license
WHOOP uses Stripe to process payments and you authorize sharing payment information with it and your payment provider
You must give WHOOP a valid credit card or other account information from an accepted payment provider as a condition of signing up. WHOOP may collect payments directly or use a third-party payment processor, and it uses Stripe, Inc. and its affiliates for payment services. Payments handled by a processor are subject to the processor's terms and privacy policies in addition to the agreement, and you agree to be bound by Stripe's Privacy Policy and Terms of Service. You consent to and authorize WHOOP, Stripe and any other Payment Processor to share the information and payment instructions you provide with each other and your Payment Provider, to the minimum extent required to complete your transactions. WHOOP says it is not responsible for errors by a Payment Processor.
Supporting quotations
You must provide WHOOP with a valid credit card or other account information from a valid payment provider accepted by WHOOP (each, a “Payment Provider”) as a condition to signing up for a Membership and/or other subscriptions. We may collect payments from you directly or we may use a third-party payment processor (“Payment Processor”) for payment services. We use Stripe, Inc. and its affiliates (“Stripe”) as a third-party service provider for payment services.
The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement.
and hereby consent and authorize WHOOP and Stripe and any other Payment Processor to share any information and payment instructions you provide with each other and your Payment Provider to the minimum extent required to complete your transactions. We are not responsible for any errors by a Payment Processor.
Qualifications & exceptions
Sharing is limited to the minimum extent required to complete your transactions.
Sharing is among WHOOP, Stripe and any other Payment Processor, and your Payment Provider.
Not stated here
Stripe's Privacy Policy and Terms of Service are third-party documents that are not part of this source.
Charges & Financial Obligations · Permission or license
WHOOP can correct billing errors even after payment and change prices and billing methods on posting or by email
You must pay all Fees to your Account under the fees, charges and billing terms in effect when each Fee is due. WHOOP reserves the right to correct any errors or mistakes that it or a Payment Processor makes, even if payment has already been requested or received. WHOOP also reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email to you.
Supporting quotations
You shall pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment. WHOOP reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
Qualifications & exceptions
The change right applies "at any time" and takes effect on posting or by email; the Membership section separately promises at least fifteen days' notice before a change to your Membership Fee takes effect.
Not stated here
The text does not explain how this statement fits with the fifteen-day notice for Membership Fee changes.
Charges & Financial Obligations · Permission or license
You authorize WHOOP to invoice your Account immediately when fees are due, and you pay on demand if payment fails
Your Payment Provider's agreement, not this agreement, governs your use of the payment method and your rights and liabilities with it. By giving WHOOP your credit card number or other payment information, you agree that WHOOP may immediately invoice your Account for all fees and charges as they become due and payable, with no additional notice or consent required. The terms of payment depend on your payment method and may be set by your agreements with your financial institution, card issuer or other provider. If WHOOP, through a Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Supporting quotations
Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.
By providing WHOOP with your credit card number or other payment information, you agree that WHOOP is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required.
If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Qualifications & exceptions
No additional notice or consent is required for charges as they become due and payable.
Charges & Financial Obligations · Restriction or exception
You must keep billing information current, and WHOOP can keep charging you until you terminate your Membership
You must give current, complete and accurate billing information and promptly update it, for example a new billing address, card number or expiration date. You must promptly tell WHOOP if your payment method is cancelled (for example for loss or theft) or if you learn of a potential security breach such as unauthorized disclosure or use of your username or password. Changes can be made in Account Settings at app.whoop.com. If you do not provide that information, you agree WHOOP may keep charging you any Fees under your Account unless you have terminated your Membership or related Services under the agreement, and such termination does not affect charges submitted before WHOOP reasonably could act.
Supporting quotations
You must provide current, complete and accurate information for your billing information. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
If you fail to provide any of the information described above, you agree that we may continue charging you for any Fees under your Account unless you have terminated your Membership or any other related Services in accordance with this Agreement. SUCH TERMINATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
Qualifications & exceptions
Termination does not affect charges submitted before WHOOP reasonably could act.
Charges & Financial Obligations · Restriction or exception
Fees do not include sales tax; you are responsible for unremitted sales tax and must indemnify WHOOP
The Fees do not include any Sales Tax. If WHOOP determines it has a legal obligation to collect Sales Tax from you, it collects it in addition to the Fees. If services, products or payments are subject to Sales Tax in any jurisdiction and you have not remitted it to WHOOP, you are responsible for paying that tax and any related penalties or interest to the relevant tax authority, and you must indemnify WHOOP for any liability or expense it incurs because of those taxes. On WHOOP's request you must provide official receipts from the tax authority, or other evidence, showing you paid all applicable taxes. "Sales Tax" means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the jurisdiction does not otherwise impose a sales or use tax.
Supporting quotations
The Fees do not include any Sales Tax (defined below) that may be due in connection with the Services provided under this Agreement. If WHOOP determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, WHOOP shall collect such Sales Tax in addition to the Fees.
If any services or products, or payments for any services or products, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to WHOOP, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify WHOOP for any liability or expense WHOOP may incur in connection with such Sales Taxes. Upon WHOOP’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
Qualifications & exceptions
WHOOP collects Sales Tax only if it determines it has a legal obligation to do so.
Your responsibility applies where you have not remitted applicable Sales Tax to WHOOP.
Charges & Financial Obligations · Restriction or exception
You pay Fees without deducting withholding taxes and bear any such taxes yourself
You must pay Fees to WHOOP free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of Fees are your sole responsibility, and you must give WHOOP official receipts from the tax authority, or other evidence WHOOP reasonably requests, showing the taxes were paid.
Supporting quotations
You shall make all payments of Fees to WHOOP free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of Fees to WHOOP shall be your sole responsibility, and you shall provide WHOOP with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Charges & Financial Obligations · Company practice
A Test Subscription auto-renews every year at the then-current price and Tests expire 12 months after purchase
If you sign up for clinical testing packages in the WHOOP Advanced Labs Services on a recurring basis (a Test Subscription), it continues and auto-renews annually at WHOOP's then-current price plus applicable taxes until you cancel under the agreement. The Tests in a Test Subscription expire 12 months after the purchase date, and Tests in renewals expire 12 months after the renewal date. The fee plus taxes is billed at the start and continuously thereafter at the intervals you chose at purchase, and by subscribing you authorize WHOOP to charge the payment method in your Account then and at the start of each later period. WHOOP reserves the right to change the timing of its billing, and to change Test Subscription pricing at any time upon prior notice to you.
Supporting quotations
If you sign-up to receive certain clinical testing packages as a part of the WHOOP Advanced Labs Services on a recurring basis (a “Test Subscription”), your Test Subscription will continue and auto-renew annually at WHOOP’s then-current price for such Test Subscription plus applicable taxes until you cancel such Test Subscription in accordance with this Agreement. The Tests within the Test Subscription will expire 12 months after your Test Subscription purchase date. Tests included in New Test Subscription renewals will expire 12 months after the applicable renewal date.
By subscribing to the Test Subscription, you authorize WHOOP to charge the payment method designated in your Account, and again at the beginning of any subsequent Test Subscription period. WHOOP reserves the right to change the timing of our billing. WHOOP reserves the right to change the Test Subscription pricing at any time upon prior notice to you.
Qualifications & exceptions
Renewal price is WHOOP's then-current price, not necessarily the original price.
Pricing changes require prior notice to you; the text does not state how much notice.
Not stated here
The agreement does not state how far in advance WHOOP must give notice of a Test Subscription price change.
Account & Service Control · Restriction or exception
WHOOP does not have to provide Advanced Labs Services until it accepts your order
WHOOP is not obligated to provide the Advanced Labs Services and access to the clinical testing until it accepts your order by a confirmatory email, SMS/MMS message or other appropriate means of communication.
Supporting quotations
WHOOP is not obligated to provide the Advanced Labs Services and access to the clinical testing to you until WHOOP accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
Charges & Financial Obligations · Restriction or exception
If a Test Subscription renewal payment fails, you owe the amount on demand and WHOOP may suspend or end it
On renewal of your Test Subscription, if WHOOP does not receive payment, you must pay all amounts due on your Account on demand and/or you agree WHOOP may terminate or suspend your Test Subscription and keep trying to charge your payment method until payment arrives. When payment is received, your Account is reactivated for the rest of your Membership subscription period, if any.
Supporting quotations
Upon renewal of your Test Subscription, if WHOOP does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that WHOOP may either terminate or suspend your Test Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be re-activated for the remainder of your Membership subscription period, if any).
Qualifications & exceptions
The text uses "and/or", so either or both consequences may apply.
Charges & Financial Obligations · Procedure
Cancel a Test Subscription before the next renewal; it ends with the billing cycle and ordered Tests stay usable
To stop a Test Subscription from renewing automatically, cancel before the date of your next scheduled renewal, either by logging in to the Membership page of your Account at app.whoop.com and using "Cancel Your Test Subscription", or by contacting support@whoop.com. If you did not buy it directly from WHOOP, use the instructions of the party or method through which you purchased. The cancellation takes effect at the end of the billing cycle in which you cancel, and you keep access to the Tests ordered with the Test Subscription until their expiration dates. Tests are not "Products" for purposes of WHOOP's Terms of Sale.
Supporting quotations
If you wish to cancel your Test Subscription to prevent it from automatically renewing, you may do so prior to the date of your next scheduled renewal by (i) logging into and going to the “Membership” page of your Account at app.whoop.com, clicking “Cancel Your Test Subscription” at the bottom of the page, selecting the applicable option based on your subscription type and status, and interacting as necessary with the cancellation interface, or (ii) contacting WHOOP at support@whoop.com.
If you did not purchase your Test Subscription directly from WHOOP, please refer to the party or method through which you purchased your Test Subscription for cancellation instructions. Your cancellation will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your clinical tests ordered with the Test Subscription (“Tests”) until their applicable expiration dates.
Tests shall not be considered “Products” for purposes of WHOOP’s Terms of Sale.
Qualifications & exceptions
Cancel before the next scheduled renewal date.
Takes effect at the end of the billing cycle in which you cancel.
Access to ordered Tests continues until their applicable expiration dates.
Not stated here
Whether the Terms of Sale's refund and return terms apply to Tests is not stated beyond Tests not being "Products"; the Terms of Sale are not part of this source.
Charges & Financial Obligations · Procedure
Buying a new Test Subscription adds Tests and ends your current one, but its unused Tests stay usable until they expire
If you have a Test Subscription, you can add Tests in one of three ways. The first is to buy a new Test Subscription effective immediately on purchase. It auto-renews annually from that date at WHOOP's then-current price plus taxes until you cancel, and its Tests expire 12 months after the new commencement date, with renewal Tests expiring 12 months after each renewal date. Buying it terminates your then-current Test Subscription as of the new commencement date, and you can still use any unused Tests until the end of their original 12-month expiration period.
Supporting quotations
If you have a Test Subscription (“Then-Current Test Subscription”), you can add additional Tests in one of three (3) ways:
Purchase a new Test Subscription (“New Test Subscription”) to be effective immediately upon purchase (“New Test Subscription Commencement Date”). Your New Test Subscription will continue and auto-renew annually from the New Test Subscription Commencement Date at WHOOP’s then-current price for such Test Subscription plus applicable taxes until you cancel such Test Subscription in accordance with this Agreement. Tests included in your New Test Subscription will expire 12 months after the New Test Subscription Commencement Date. Tests included in New Test Subscription renewals will expire 12 months after the applicable renewal date.
Your Then-Current Test Subscription will be terminated as of the New Test Subscription Commencement Date. Following such termination, you will still be able to use any unused Tests until the end of their original 12-month expiration period.
Qualifications & exceptions
A new Test Subscription replaces your then-current one on the new commencement date.
Unused Tests under the replaced subscription can be used until the end of their original 12-month period.
Not stated here
The other two ways to add Tests are described in the next section.
Charges & Financial Obligations · Procedure
You can upgrade a Test Subscription effective at the end of its annual term
The second way to add Tests is to upgrade your then-current Test Subscription effective at the end of its annual term. Your current Test Subscription renews automatically at the end of its term (the Upgrade Effective Date), the fee for the upgraded subscription plus applicable taxes is billed on that date and annually afterwards until you cancel, and all Tests in the upgrade expire 12 months after the Upgrade Effective Date. Tests in later renewals expire 12 months after each renewal date.
Supporting quotations
(2) Upgrade your Then-Current Test Subscription to be effective as of the end of the Then-Current Test Subscription’s annual term. Your Then-Current Test Subscription will automatically renew at the end of its then-current term (“Upgrade Effective Date”) and the fee for the upgraded Test Subscription plus applicable taxes will be billed on the Upgrade Effective Date and continuously on an annual basis, until you cancel your Then-Current Test Subscription. All Tests included in such upgrade will expire 12 months after the Upgrade Effective Date. Tests included in Test Subscription renewals will expire 12 months after the applicable renewal date.
Qualifications & exceptions
The upgrade takes effect only at the end of the current annual term.
Charges & Financial Obligations · Procedure
You can buy Add-On Tests one time; they are billed at purchase and expire 12 months later
The third way to add Tests is to buy Tests on an ad hoc, one-time, non-recurring basis (Add-On Tests). You are billed the then-current price on the purchase date. Buying Add-On Tests does not change the number of Tests included in your Test Subscription when it renews, and all Tests bought this way expire 12 months after the purchase date.
Supporting quotations
(3) Buy Tests on an ad hoc, one-time, non-recurring basis (“Add-On Tests”). You will be billed the then-current term for such Add-On Tests on the date of your purchase. Your purchase of Add-On Tests will not affect the number of Tests that will be included in your Then-Current Test Subscription when it renews. All Tests purchased in this manner will expire 12 months after their purchase date.
Account & Service Control · Restriction or exception
If your Membership ends, your Test Subscription ends, unused Tests remain usable until expiry, and you cannot buy more
If you cancel your Membership, or it is otherwise terminated, your Test Subscription is also terminated. You can still use any unused Tests until the end of their original 12-month expiration period. After your Membership terminates or expires you cannot buy Tests or Test Subscriptions through your Account. A Membership is required to buy Tests and Test Subscriptions unless WHOOP makes them available without one by an express offer on the WHOOP App or Site, in which case the terms of that offer apply.
Supporting quotations
If you cancel your Membership in accordance with Section 6 above or your Membership is otherwise terminated, your Test Subscription will also be terminated. Following such termination, you will still be able to use any unused Tests until the end of their original 12-month expiration period (i.e. within 12-months of their purchase date). You are not entitled to purchase any Tests or Test Subscriptions through your Account after your Membership terminates or expires.
You must have a Membership in order to purchase Tests and Test Subscriptions unless WHOOP makes them available without a Membership by express offer on the WHOOP App or WHOOP Site, in which case the terms of such express offer apply.
Qualifications & exceptions
Exception to the Membership requirement: an express offer on the WHOOP App or WHOOP Site made without a Membership.
Account & Service Control · Restriction or exception
WHOOP Advanced Labs needs a Membership, is not available everywhere and is not for members under 18 or pregnant members
Your use of WHOOP Advanced Labs is governed by the WHOOP Terms of Use, which include the supplemental terms specific to Advanced Labs. Unless WHOOP indicates otherwise in writing, a WHOOP Membership is required to access Advanced Labs. Advanced Labs and specific features are not available in all regions, and the WHOOP website has the latest availability details. Advanced Labs are not for use by members under 18 or pregnant members.
Supporting quotations
Your use of WHOOP Advanced Labs is governed by the WHOOP Terms of Use, which include the below terms and conditions specific to WHOOP Advanced Labs.
Unless otherwise indicated by WHOOP in writing, a WHOOP Membership is required to access WHOOP Advanced Labs. WHOOP Advanced Labs and specific features of WHOOP Advanced Labs are not available in all regions, see the WHOOP website for the latest availability details. WHOOP Advanced Labs are not for use by members under 18 or pregnant members.
Qualifications & exceptions
Membership requirement applies unless WHOOP indicates otherwise in writing.
Regional availability varies by feature.
Not stated here
The availability list is on the WHOOP website, which is not part of this source.
Charges & Financial Obligations · Restriction or exception
Purchased Tests must be scheduled and completed within 12 months or they expire with no extension, credit or refund
Advanced Labs lets members buy access to certain laboratory tests (Purchased Tests). Each must be scheduled and completed within twelve months of the purchase date; a test not scheduled and completed in that period expires and is no longer available. Expired Purchased Tests cannot be extended, renewed, credited or refunded, whether the expiry results from your scheduling limits, missing an appointment, or other circumstances beyond WHOOP's control.
Supporting quotations
WHOOP Advanced Labs provides members the opportunity to purchase access to certain laboratory tests (“Purchased Tests”). Each Purchased Test must be scheduled and completed within twelve (12) months from the date of purchase. Any Purchased Test that is not scheduled and completed within that twelve-month period will automatically expire and will no longer be available for use.
Expired Purchased Tests are not eligible for extension, renewal, credit, or refund, regardless of whether the expiration results from a member’s scheduling limitations, failure to appear for a scheduled appointment, or other circumstances beyond the control of WHOOP.
Qualifications & exceptions
The deadline is both scheduling and completing the test within twelve months of purchase.
No extension, renewal, credit or refund for expired tests, whatever the reason.
Data Access & Collection · Restriction or exception
You are responsible for scheduling tests, giving accurate information and following test instructions
You are solely responsible for scheduling and attending appointments for Purchased Tests within the twelve-month period and for making sure required information, documentation or consents reach WHOOP and its partners on time. WHOOP is not responsible for any inability to schedule or complete a test before it expires. You must give accurate, current and complete information, including personal, health and contact information requested by WHOOP or its partners; inaccurate or incomplete information may delay or invalidate your results, and WHOOP is not responsible for that outcome. You agree to follow all pre-test and post-test instructions from WHOOP or its partners, including fasting or preparation requirements, and failure to do so may affect the validity of your results.
Supporting quotations
You are solely responsible for (a) scheduling and attending appointments for Purchased Tests within the applicable twelve-month period, and (b) ensuring that any required information, documentation, or consents are provided to WHOOP and its partners in a timely manner. WHOOP is not responsible for any inability to schedule or complete a Purchased Test prior to expiration.
You must provide accurate, current, and complete information when scheduling or completing a Purchased Test. This includes personal, health, and contact information requested by WHOOP or its partners. Inaccurate or incomplete information may delay or invalidate your results, and WHOOP will not be responsible for any such outcome.
You agree to comply with all pre-test and post-test instructions provided by WHOOP or its partners, including any fasting or preparation requirements. Failure to follow instructions may impact the validity of your results.
Qualifications & exceptions
Inaccurate or incomplete information "may" delay or invalidate results.
Sharing & Disclosure · Restriction or exception
Tests are fulfilled by independent laboratories, and WHOOP does not guarantee appointment times or locations
Purchased Tests are fulfilled by independent third-party laboratories. Appointment availability and test completion may depend on those laboratories' policies, procedures and capacity, and WHOOP does not guarantee specific appointment times or locations.
Supporting quotations
Purchased Tests are fulfilled by independent third-party laboratories. Availability of appointments and completion of tests may be subject to the policies, procedures, and capacity of such laboratories. WHOOP does not guarantee availability of specific appointment times or locations.
Not stated here
The text does not name the laboratories or say what information WHOOP shares with them.
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.
Data Access & Collection · Restriction or exception
You can upload your own lab results, but WHOOP cannot verify them and you must confirm they are accurate
Instead of ordering lab testing, you may upload your own laboratory results to the WHOOP Services. Neither WHOOP nor its independent contractors can verify the accuracy or completeness of anything you upload, and they are not liable for errors in it or for resulting damages. You are responsible for confirming that the lab results you upload to the WHOOP app are accurate and complete.
Supporting quotations
In lieu of ordering laboratory testing, you may choose to upload your own laboratory test results to the WHOOP Services. Neither WHOOP nor its independent contractors are able to verify the accuracy or completeness of any data, information, or results that you upload, and in no event shall WHOOP or any of its independent contractors be liable for any errors in such data, information, or results, or any damages resulting therefrom. You are responsible for confirming the accuracy and completeness of any laboratory results that you upload to the WHOOP app.
Not stated here
The text does not say how uploaded lab results are used or stored.
Use & Processing · Company practice
WHOOP uses AI to generate some Advanced Labs information, which can make errors, so you must check results
WHOOP uses artificial intelligence to generate some of the information in WHOOP Advanced Labs. AI can make errors, and you are responsible for confirming the accuracy of any results or information provided by Advanced Labs. The agreement refers you to Section 14 (AI Technology) for more.
Supporting quotations
WHOOP uses artificial intelligence to generate some of the information in WHOOP Advanced Labs. Artificial intelligence can make errors, and you are responsible for confirming the accuracy of any results or information provided by WHOOP Advanced Labs. See Section 14 (AI Technology) for more information.
Qualifications & exceptions
Only "some" of the information is generated by AI.
Not stated here
The text does not say which Advanced Labs information is AI-generated or what data the AI uses; Section 14 is referred to for more.
Account & Service Control · Restriction or exception
If your Membership is cancelled or terminated, your access to the Services ends unless WHOOP says otherwise in writing
If you cancel your Membership under the cancellation section, or it is otherwise terminated, your access to the Services is also terminated, unless WHOOP indicates otherwise in writing.
Supporting quotations
If you cancel your Membership in accordance with Section 6 above or your Membership is otherwise terminated, your access to the Services will also be terminated, unless otherwise indicated by WHOOP in writing.
Qualifications & exceptions
Exception: WHOOP indicates otherwise in writing.
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.
Sharing & Disclosure · Permission or license
For Advanced Labs you consent to WHOOP sharing your information with Quest and clinicians and sign a HIPAA authorization
If you sign up for Advanced Labs and buy lab testing through WHOOP, your testing from Quest Diagnostics and your Clinical Report and Insights from SteadyMD or other independent clinicians (the Clinicians) are subject to extra terms. You expressly consent to WHOOP sharing your personal information with Quest Diagnostics and the Clinicians to provide the Advanced Labs services. Before you schedule any lab testing you must sign a HIPAA authorization that lets Quest Diagnostics and SteadyMD or the Clinician share your protected health information with WHOOP so WHOOP can provide the services.
Supporting quotations
If you sign up for WHOOP Advanced Labs and purchase laboratory testing through WHOOP, your receipt of laboratory testing from Quest Diagnostics and the Clinical Report and Insights from SteadyMD or other independent clinicians (the “Clinicians”) are subject to the following terms:
You expressly consent to WHOOP sharing your personal information with Quest Diagnostics and Clinicians to provide you with the WHOOP Advanced Labs services;
Before you schedule any laboratory testing through WHOOP Advanced Labs, you will be required to sign an authorization in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) permitting Quest Diagnostics and SteadyMD and/or the Clinician (respectively) to share your protected health information with WHOOP to enable WHOOP to provide you with the WHOOP Advanced Labs services;
Qualifications & exceptions
Applies when you sign up for Advanced Labs and purchase laboratory testing through WHOOP.
The HIPAA authorization is required before you schedule any testing.
Not stated here
The text does not describe which personal information WHOOP shares with Quest Diagnostics and Clinicians, or how it is protected.
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.
Charges & Financial Obligations · Restriction or exception
You promise not to submit WHOOP, Quest or SteadyMD purchases to third-party payors for reimbursement
You are prohibited from submitting any purchase of services or products from WHOOP, Quest Diagnostics or SteadyMD for reimbursement by third-party payors. By signing up for Advanced Labs, you represent and warrant to WHOOP, Quest Diagnostics and SteadyMD that you will not submit such purchases for reimbursement from any third-party payor.
Supporting quotations
You acknowledge and agree that you are prohibited from submitting any purchase of services or products from WHOOP, Quest Diagnostics, or SteadyMD for reimbursement by third-party payors. By signing up for WHOOP Advanced Labs, you represent and warrant to WHOOP, Quest Diagnostics, and SteadyMD that you will not submit such purchases for reimbursement from any third-party payor.
Not stated here
The text does not say whether health savings or similar accounts count as third-party payors.
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.
Use & Processing · Restriction or exception
Content and metrics are for general fitness and wellness tracking, may be inaccurate, and are not for medical decisions
WHOOP provides the Services for you to track, manage and share wellness-related information. All Content is for general fitness and informational purposes only. The Services' measurements, such as heart rate, sleep analytics and other biometric indicators, are subject to limitations like poor or missing signal and are not guaranteed to be error-free or accurate. Except as specifically indicated, the Services are intended solely for personal wellness tracking and not for making medical decisions.
Supporting quotations
WHOOP provides the Services for you to track, manage, and share your wellness-related information. All Content available through the Services is for general fitness and informational purposes only. WHOOP Services (e.g. heart rate, sleep analytics, and other biometric indicators) are subject to various limitations (e.g. poor signal quality or missing signal) and are not guaranteed to be error-free or accurate. Except as specifically indicated, WHOOP Services are intended solely for personal wellness tracking and not for making any medical decisions.
Qualifications & exceptions
The "personal wellness tracking only" statement applies "except as specifically indicated".
Accuracy limits are given with examples (poor signal quality, missing signal).
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.
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.
Use & Processing · Context
Some AI Technology, including third-party language models, lets you submit prompts and returns generated Output
AI Technology is new and evolving. Some AI Technology, including third-party large language models available through the Services, lets users submit queries or other prompts, and the AI Technology generates and returns content, recommendations, data or other information to you through the Services, which the agreement calls "Output".
Supporting quotations
AI Technology is new and evolving. Some AI Technology, including third party LLM made available through the Services, allow users to submit queries or other prompts, and the AI Technology will generate and return to you content, recommendations, data, or other information through the Services (“Output”).
Qualifications & exceptions
The text says "some" AI Technology works this way.
Not stated here
The text does not say what happens to prompts you submit or how they are used.
Use & Processing · Restriction or exception
You acknowledge AI Technology Output can be wrong, biased, formulaic, out of context or impersonal
You acknowledge that AI Technology and its Output have numerous limitations in addition to those elsewhere in the agreement. Output may contain errors or misleading information and may not be accurate or reliable. AI Technology follows predefined rules and algorithms, which can produce repetitive or formulaic content, and it can struggle with nuance such as slang, idioms and cultural references, producing Output that is out of context or does not make sense. It has no emotions and cannot convey empathy. It can perpetuate biases in its training data, producing discriminatory or offensive Output, and can struggle with complex tasks that need reasoning, judgment and decision-making. It needs large amounts of training data, which may be poor quality or biased and can reduce the accuracy and quality of Output, and Output can seem cold and impersonal.
Supporting quotations
You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output it generates, including that (i) it may contain errors or misleading information and may not be accurate or reliable;
(v) AI Technology can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making; (vii) AI Technology requires large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output;
Qualifications & exceptions
The limitations are listed as things that "can" or "may" happen, not as certainties.
Use & Processing · Restriction or exception
AI is not a human or a replacement for advice; WHOOP does not guarantee responses and you must use your own judgment
You acknowledge that AI Technology is not a human and does not replace human interaction and advice, that WHOOP does not guarantee responses will be helpful or accurate, and that generative AI is known to hallucinate or give incorrect answers. It is a tool intended only as a supplement to your independent confirmation and judgment and consultation with a physician or other qualified healthcare provider. You will use independent judgment and discretion before relying on or using Output, which is for information only and is not a substitute for advice from a qualified professional.
Supporting quotations
YOU ACKNOWLEDGE AND AGREE THAT AI TECHNOLOGY IS NOT A HUMAN AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHOOP DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS.
You will use independent judgement and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional.
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".
Account & Service Control · Permission or license
WHOOP can change the Services at any time, and for four listed reasons without notice, refund or reimbursement
WHOOP may modify the Services from time to time. It can always change the Services without notification, refund or reimbursement in four cases: to comply with law, regulation, court order or government action; to make technical adjustments and improvements, for example to address a security threat; to update and improve the Services; and to discontinue any feature, component or content, provided the Services generally continue to let you track your recovery, sleep and strain and provide fitness insights and coaching.
Supporting quotations
We may modify the Services from time to time.
We can always change the Services without notification or refund or reimbursement:
to comply with law, regulation, court order, or government action;
to make technical adjustments and improvements, for example to address a security threat;
to update and improve the Services; and
to discontinue any feature or component or content, provided that the Services generally allow you to track your recovery, sleep, and strain, and provide fitness insights and coaching.
Qualifications & exceptions
Discontinuing a feature is allowed provided the Services generally still allow tracking of recovery, sleep and strain and provide fitness insights and coaching.
Charges & Financial Obligations · User right or choice
For other material adverse changes, you can cancel within 30 days for a pro-rated refund of unused prepaid Fees
If WHOOP makes an adverse change that is not one of the four listed cases, was not noticed to you before your Membership purchase or renewal, and is material, you can cancel the related Services and receive a pro-rated refund of Fees you paid in advance and have not used, by contacting support@whoop.com. You must make the request within 30 days of the change or you waive the ability to seek a refund.
Supporting quotations
If we make any adverse changes that do not fall into the above categories, and that we have not provided notice of prior to your Membership purchase or renewal, and those changes are material, you can cancel the related Services and receive a pro-rated refund for any associated Fees paid for in advance and unused by contacting support@whoop.com. Such request must be made within 30 days of the relevant change or you waive your ability to seek a refund.
Qualifications & exceptions
Applies only to adverse changes that are material, are not in the four listed categories and were not noticed before your purchase or renewal.
The request must be made within 30 days of the change or the refund right is waived.
Not stated here
The text does not say who decides whether a change is "material" or "adverse".
Content & IP Rights · Restriction or exception
You are responsible for Your Content, which can include lab results, and use other users' content at your own risk
This section uses "Content" more broadly than the earlier paragraph about material WHOOP makes available: it covers any information, data, text, software, media or other materials accessible through the Service, and says Content is the sole responsibility of the party it came from. You, not WHOOP, are entirely responsible for all Content you upload, post, email, transmit or otherwise make available through the Services ("Your Content"), and other users are similarly responsible for theirs. Your Content may include lab results, reports and other documents from Tests you receive. WHOOP does not endorse or approve User Content or make representations or warranties about it, disclaims all liability for it, and says you use User Content and interact with other users at your own risk.
Supporting quotations
You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not WHOOP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that other users of the Services, and not WHOOP, are similarly responsible for all Content that they Make Available through the Services (“User Content”). Your Content may include lab results, reports, and other documentation resulting from the Tests you receive.
We do not endorse or approve, nor do we make any representations or warranties with respect to any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. You use all User Content and interact with other users at your own risk.
WHOOP may make available to you certain text, graphics, images, video, audio, data, analyses, reports, and other information and material through the Services (collectively referred to as the “Content”).
Qualifications & exceptions
"Your Content" expressly may include lab results, reports and documents from Tests.
Not stated here
The agreement defines "Content" in two different ways: material WHOOP makes available, and any material accessible through the Service.
Retention & Deletion · Restriction or exception
WHOOP does not have to store Your Content, and you are responsible for your content access settings
Unless WHOOP agrees in writing elsewhere, it has no obligation to store any of Your Content. It has no responsibility or liability for the deletion or accuracy of Content, for failures to store, send or receive Content, or for the security, privacy, storage or transmission of other communications involving use of the Services. Some features let you choose how widely Your Content is accessible; you are solely responsible for applying the right level, and if you do not choose one the system may default to its most permissive setting. WHOOP also keeps the right to set reasonable limits on its use and storage of Content, such as file size, storage space and processing capacity, as it determines in its sole discretion.
Supporting quotations
Unless expressly agreed to by WHOOP in writing elsewhere, WHOOP has no obligation to store any of Your Content. WHOOP has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Certain features and functionality of the Services may enable you to specify the level at which the Services restricts access to Your Content. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting.
You agree that WHOOP retains the right to create reasonable limits on WHOOP’s use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by WHOOP in its sole discretion.
Qualifications & exceptions
The storage disclaimer applies "unless expressly agreed to by WHOOP in writing elsewhere".
The default access setting "may" be the most permissive if you choose none.
Not stated here
The agreement does not say which features have access settings or what the default is for each.
Content & IP Rights · Restriction or exception
You keep ownership of Your Content but promise you have all rights and permissions to it, including from people shown
WHOOP does not claim ownership of Your Content. When you make Content available on or to the Services you represent that you own it or have enough rights to grant the license in Section 16.4. You are solely responsible for Your Content and for the consequences of WHOOP posting or publishing it through the Services. You affirm that you own or have the licenses, rights, consents and permissions needed for WHOOP to use all trademark, trade secret, copyright, publicity or other proprietary rights in Your Content as the Services and agreement contemplate, and that you have the express, specific, informed and unambiguous consent, release or permission of every identifiable person in Your Content to use their name or likeness that way.
Supporting quotations
WHOOP does not claim ownership of Your Content; however, when you Make Available any Content on or to the Services, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 16.4 (License to Your Content). You shall be solely responsible for Your Content you submit and the consequences of our posting or publishing Your Content through the Services.
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all trademark, trade secret, copyright, publicity or other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement.
Qualifications & exceptions
The warranties cover both intellectual property rights and the consent of every identifiable individual in Your Content.
Content & IP Rights · Permission or license
You give WHOOP a perpetual, worldwide license to Your Content, including AI training in aggregate deidentified form
Subject to any Account settings you select, you give WHOOP a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers) and transferable license to use, copy, reproduce, modify, adapt, create derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content, in whole or in part. The stated purposes are operating and providing the Services to you and to other users, and, solely in aggregate and deidentified form, training any AI Technology models. Other users may be able to search for, see, use, modify and reproduce any of Your Content you submit to any area of the Services that other users can access.
Supporting quotations
Subject to any applicable Account settings that you select, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees) and transferable right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part)
for the purposes of operating and providing the Services to you and to our other users and, solely in aggregate and deidentified form, to train any AI Technology models.
Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you submit to any area of the Services that is accessible by other users.
Qualifications & exceptions
Subject to any applicable Account settings you select.
Use for AI training is limited to aggregate and deidentified form.
Visibility to other users applies to Your Content submitted to areas of the Services that other users can access.
Not stated here
The agreement does not say whether biometric or health data collected by the WHOOP Device counts as Your Content; "Your Content" is defined as Content you upload, post, email, transmit or otherwise make available.
The license is stated as perpetual; the text does not say whether it ends if you delete your Content or Account.
Sharing & Disclosure · Permission or license
You consent to WHOOP using and sharing personal data in Your Content, and WHOOP may keep copies for backup and security
To the extent Your Content contains personal data (as defined by the EU GDPR, the UK GDPR or other relevant law in your country), if you share it with third parties through the Services, you give WHOOP your consent to use and share that data. You also grant each user of the Services a non-exclusive license to access Your Content through the Services, if you have permitted that access in your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform it as the Services' functionality and the agreement allow. WHOOP may keep copies of Your Content for backup, security or maintenance, or as required by law.
Supporting quotations
To the extent Your Content contains personal data (as defined by the EU General Data Protection Regulation, the UK General Data Protection Regulation, or other relevant law in your country), if you share such data with third parties through our Services, you grant your consent to us to use and share such data.
You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, if you have permitted such access through your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform Your Content as permitted through the functionality of the Services and under this Agreement.
We may maintain copies of Your Content for purposes of backup, security, or maintenance, or as required by law.
Qualifications & exceptions
The consent applies to personal data in Your Content that you share with third parties through the Services.
The license to other users applies only if you have permitted access through your Account settings.
Not stated here
The text does not say with whom WHOOP may share the personal data or for what purposes beyond the Services.
The text does not say how long backup copies are kept.
Content & IP Rights · Permission or license
WHOOP may credit your username as the contributor when you submit content to forums or comments
When you submit Your Content to forums, comments or any other area of the Services, you expressly permit WHOOP to identify you by your username, which may be a pseudonym, as the contributor in any publication in any form, media or technology now known or later developed in connection with Your Content.
Supporting quotations
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit WHOOP to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Qualifications & exceptions
The username may be a pseudonym.
Sharing & Disclosure · Permission or license
If a coach, team or other entity manages your use, Your Content may be shared with it and WHOOP disclaims its use
If your use of the Services is on behalf of, or managed by, a coach, team, organizing body or other entity you are affiliated with (a Managing Entity), Your Content may also be shared with it as more fully described in the Privacy Policy. You consent to that sharing and acknowledge and agree that WHOOP is not responsible for any use or disclosure of Your Content by the Managing Entity.
Supporting quotations
If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), Your Content may also be shared with that team or other organization as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of Your Content by that Managing Entity.
Qualifications & exceptions
Applies only where your use is on behalf of or managed by a Managing Entity.
Not stated here
What is shared with a Managing Entity is described in the Privacy Policy, which is not part of this source.
Content & IP Rights · Restriction or exception
You may not submit infringing, false, unlawful, offensive or commercial content, ads or impersonations
In connection with Your Content, you agree not to submit material that is copyrighted, protected by trade secret or subject to others' proprietary rights (including privacy and publicity rights) unless you own the rights or have permission to post it and to grant WHOOP the license rights; publish falsehoods or misrepresentations that could damage WHOOP or others; submit material that is unlawful, obscene, offensive, profane, defamatory, threatening, pornographic, abusive, harassing, hateful, deceptive, fraudulent, invasive of privacy or otherwise inappropriate, including material involving commercial activities or sales such as contests, sweepstakes, barter, advertising or pyramid schemes, or that encourages criminal conduct or civil liability; post advertisements or solicitations; or impersonate another person or entity, including any WHOOP employee or representative. The rights granted to you in the agreement are subject to these restrictions.
Supporting quotations
In connection with Your Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, offensive, profane, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, deceptive, fraudulent, invasive of another’s privacy, tortious, involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations; or (v) impersonate another person or entity, including any employee or representative of WHOOP. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this Section.
Qualifications & exceptions
The copyright and proprietary-rights restriction does not apply if you own the rights or have the owner's permission to post and to grant WHOOP the license.
Account & Service Control · Permission or license
WHOOP can remove content and end your access without prior notice if it decides your content violates the agreement
If WHOOP determines, in its sole discretion, that Your Content violates the agreement or is otherwise inappropriate, it may remove the User Content, end your ability to make that content available, and/or end your access to the Services at any time without prior notice. Any unauthorized use of the Services terminates the licenses WHOOP grants under the agreement.
Supporting quotations
If we determine, in our sole discretion, that Your Content is in violation of this Agreement or is otherwise inappropriate, we may remove such User Content, terminate your ability to Make Available such User Content, and/or terminate your access to the Services at any time, without prior notice. Any unauthorized use of the Services terminates the licenses granted by WHOOP pursuant to this Agreement.
Qualifications & exceptions
Decided in WHOOP's sole discretion; no prior notice required.
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.
Account & Service Control · Company practice
WHOOP does not permit infringement and ends access for repeat or serious first-time infringers
WHOOP does not permit copyright infringing activities or infringement of intellectual property rights in connection with the Services. Its policy is to terminate a member's access to the Services if, in its sole discretion, the member is determined to be a repeat infringer or a serious first-time infringer.
Supporting quotations
We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services. It is WHOOP’s policy to terminate a member’s access to the Services if they are determined to be a repeat infringer or serious first-time infringer in our sole discretion.
Qualifications & exceptions
Determination of "repeat infringer or serious first-time infringer" is in WHOOP's sole discretion.
Content & IP Rights · Procedure
Copyright owners can send a written notice with six listed elements to WHOOP's Copyright Agent
A copyright owner or agent who believes User Content or other Content infringes their copyright may submit a notification under the US Digital Millennium Copyright Act, the EU Digital Copyright Directive and national laws implementing it in the UK or EU, or a similar law in their country, by giving WHOOP's Copyright Agent written information: (i) a physical or electronic signature of a person authorized to act for the owner of the exclusive right; (ii) identification of the copyrighted work, or a representative list if several works at one site are covered; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it; (iv) contact information such as an address, telephone number and, if available, email; (v) a statement of good faith belief that the use is not authorized by the owner, its agent or the law; and (vi) a statement that the notification is accurate and, under penalty of perjury, that the sender is authorized to act for the owner.
Supporting quotations
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive and any national law implementing the same in the UK or the EU (or a similar law in your country) by providing our Copyright Agent with the following information in writing
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qualifications & exceptions
The agreement points to 17 U.S.C. 512(c)(3) for further detail, or the laws of your country.
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.
Account & Service Control · User right or choice
You can ask WHOOP to review a removal decision or report content you think is illegal by emailing legalnotices@whoop.com
If you think WHOOP made a mistake in removing or restricting access to Your Content, you can ask it to review and decide again by contacting legalnotices@whoop.com. If you see content on WHOOP that you think may be illegal or in breach of its policies, you can report it by emailing legalnotices@whoop.com.
Supporting quotations
If you think we have made a mistake in removing or restricting access to Your Content, you can request we review our decision and decide again by contacting us as legalnotices@whoop.com.
If you come across any content on WHOOP that you think may be illegal or in breach of our policies please let us know. To report any content you think might be illegal or not in line with our policies please email us at legalnotices@whoop.com.
Qualifications & exceptions
The text says you can request a review; it does not promise a different outcome or give a response time.
Not stated here
The text does not say how long WHOOP takes to respond to a review request or report.
Content & IP Rights · Permission or license
Feedback you send WHOOP can be used by WHOOP in any way under a perpetual, irrevocable, sublicensable license
If you submit comments, ideas or feedback to WHOOP in any form ("Feedback"), you grant WHOOP a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of and otherwise exploit the Feedback commercially or non-commercially in any manner, and to sublicense those rights, in connection with operating and maintaining the Services and/or WHOOP's business. WHOOP does not waive any rights to use similar or related ideas or feedback it already knew, developed itself or got from other sources.
Supporting quotations
In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form (“Feedback”), you agree, and hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or WHOOP’s business.
We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by WHOOP, or obtained from sources other than you.
Qualifications & exceptions
The license is in addition to the licenses for Your Content.
WHOOP keeps the right to use similar ideas from other sources.
Sharing & Disclosure · Restriction or exception
Third-party websites, apps and ads linked from the Services are outside WHOOP's control and used at your risk
The Services may link to third-party websites, applications and advertisements. When you click one, WHOOP does not warn you that you have left the Services, and you become subject to that destination's terms and privacy policies. These Third-Party Services are not under WHOOP's control, WHOOP is not responsible for them, and it provides them only as a convenience without reviewing, approving, monitoring, endorsing or warranting them or what they offer. You use links at your own risk, this agreement and WHOOP's policies no longer govern once you leave, and you should review their terms and policies, including privacy and data gathering practices, before any transaction.
Supporting quotations
The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). 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.
WHOOP is not responsible for any Third-Party Services. WHOOP provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern.
Use & Processing · Permission or license
WHOOP may monitor content, you consent irrevocably, and you have no privacy expectation for Your Content transmissions
WHOOP may, but is not required to, investigate, monitor, pre-screen, remove, refuse or review the Services and Content, including Your Content and User Content, at any time. You give your irrevocable consent to that monitoring, and you acknowledge that you have no expectation of privacy concerning the transmission of Your Content, including chat, text or voice communications.
Supporting quotations
WHOOP may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
Qualifications & exceptions
Monitoring is optional for WHOOP ("may, but is not obligated").
The no-privacy-expectation statement is about transmission of Your Content, including chat, text and voice communications.
Not stated here
The text does not say who reviews content, whether review is automated, or whether Device biometric data is included in "Content".
Sharing & Disclosure · Permission or license
WHOOP can remove content, disclose your identity to complainants, involve law enforcement and end your access
WHOOP reserves the right to remove or refuse to post any of Your Content for any or no reason in its sole discretion, and to take any action on Your Content it considers necessary or appropriate, including if it believes the content violates the agreement, infringes rights, threatens the safety of users or the public, or could create liability for WHOOP. It may disclose your identity or other information about you to any third party who claims your posted material violates their rights, including intellectual property or privacy rights. It may take appropriate legal action, including referral to and cooperation with law enforcement, for illegal or unauthorized use or if it believes criminal activity occurred. It may terminate or suspend your access to all or part of the Services for any or no reason, including violations. On determining a possible violation, WHOOP may at its sole discretion immediately end your license to use the Services, or change, alter or remove Your Content in whole or in part, without prior notice.
Supporting quotations
Without limiting the foregoing, WHOOP reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for WHOOP;
(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if WHOOP otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
Upon determination of any possible violations by you of any provision of this Agreement, WHOOP, may, at its sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Qualifications & exceptions
Many of these rights are exercised in WHOOP's sole discretion and, for removal and suspension, "for any or no reason".
Disclosure of your identity is to a third party who claims your posted material violates their rights.
Sharing & Disclosure · Permission or license
If WHOOP believes a crime occurred, it may disclose information, including Your Content, for five listed purposes
If WHOOP believes criminal activity has occurred, then except where applicable law prohibits it, it reserves the right to disclose any information or materials on or in the Services in its possession in connection with your use, including Your Content, in order to (i) comply with laws, legal process or government requests, (ii) enforce the agreement, (iii) respond to claims that Your Content violates third-party rights, (iv) respond to your customer service requests, or (v) protect the rights, property or personal safety of WHOOP, its users or the public, and all enforcement or other government officials, as WHOOP in its sole discretion believes necessary or appropriate.
Supporting quotations
If WHOOP believes that criminal activity has occurred, WHOOP reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Services, including Your Content, in WHOOP’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of WHOOP, its users or the public, and all enforcement or other government officials, as WHOOP in its sole discretion believes to be necessary or appropriate.
Qualifications & exceptions
Triggered by WHOOP's belief that criminal activity has occurred.
Does not apply to the extent prohibited by applicable law.
The necessity of disclosure is judged in WHOOP's sole discretion.
Not stated here
The text does not say to whom WHOOP discloses beyond naming enforcement or other government officials.
Charges & Financial Obligations · User right or choice
You have 30 days to change your mind about your Membership; after that you cancel under Section 6 with no refund
You have 30 days to change your mind about your Membership. After 30 days you can cancel solely under the Membership cancellation section (Section 6), but you are not entitled to a refund unless WHOOP failed to provide you with the WHOOP Device and Services.
Supporting quotations
You have 30 days to change your mind about your Membership. After 30 days you can cancel your Membership solely in accordance with Section 6, but you will not be entitled to a refund unless we have failed to provide you with the WHOOP Device and Services.
Qualifications & exceptions
After 30 days, a refund is available only if WHOOP failed to provide the Device and Services.
Not stated here
The text does not say when the 30 days start in this paragraph; the next paragraph says within 30 days of receipt of the Device.
Charges & Financial Obligations · User right or choice
Return the Device within 30 days of receipt for a refund of the Initial Membership Fee less shipping; not Free Trials
If you are unhappy with the WHOOP Device or the Services, you may cancel your Membership and return the Device, at your own cost, for any reason within thirty days of receiving it, for a full refund of the Initial Membership Fee paid to your original payment method, less return shipping costs. The 30-day return policy does not apply if you are using the Device and Services under a Free Trial. For purchases made directly from WHOOP, you may request a return within thirty days of receipt by following the Standard Return Procedure.
Supporting quotations
If you are unhappy or unsatisfied with your WHOOP Device or the Services you may cancel your Membership and return your WHOOP Device (at your own cost) for any reason within thirty (30) days of receipt of your WHOOP Device for a full refund of the Initial Membership Fee (which will be paid via your original payment method), less return shipping costs. For clarity, if you are using the WHOOP Device and Services pursuant to a Free Trial, the thirty (30) day return policy does not apply to you.
For purchases made directly from WHOOP, you may request a return within thirty (30) days of receipt of the WHOOP Device by following the instructions in the “Standard Return Procedure” section below.
Qualifications & exceptions
Refund is of the Initial Membership Fee, less return shipping costs.
Does not apply to Free Trials; Free Trial cancellations have their own Device return rules.
Applies to direct purchases; purchases from Authorized Resellers are covered in the next paragraph.
Not stated here
The Standard Return Procedure steps are in a later subsection.
Charges & Financial Obligations · Restriction or exception
For reseller purchases you return the Device to the point of sale, and WHOOP never refunds them
For purchases from an Authorized Reseller, you must return the initial WHOOP Device purchase, including the sensor, band and charger, to the original point of sale for a refund, subject to the reseller's return policy. WHOOP will not at any time issue a refund for purchases from an Authorized Reseller or any third-party retailer or marketplace.
Supporting quotations
For purchases made from an Authorized Reseller, you must return the initial WHOOP Device purchase (including the sensor, band, and charger) to the original point of sale for a refund, subject to the Authorized Reseller’s return policy. WHOOP will not at any time issue a refund for purchases made from an Authorized Reseller or any third-party retailer or any third-party marketplace.
Qualifications & exceptions
Refund depends on the Authorized Reseller's own return policy.
Not stated here
The reseller return policies are not part of this source.
Charges & Financial Obligations · Procedure
To return a direct purchase, contact Membership Services and have WHOOP receive the Device within 30 days
To request a return of a Membership bought directly from WHOOP, you must contact Membership Services at support.whoop.com, which provides a return shipping label. After you request the return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as WHOOP receives the Device within thirty days from the date you requested the return. To cancel your Membership within the thirty days of receipt of the Device and get your refund, you must return the Device as described. If you do not return the Device within that 30-day period, you do not receive a refund of the Initial Membership Fee.
Supporting quotations
To request a return under this Section 18.1, you must contact Membership Services at support.whoop.com, at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as the WHOOP Device is received within thirty (30) days from the date you requested the return.
If you do not return the WHOOP Device within that 30-day period, you will not receive a refund of the Initial Membership Fee.
Qualifications & exceptions
The Device must be received by WHOOP within 30 days from the date you requested the return.
The refund is of the Initial Membership Fee less return shipping costs.
Charges & Financial Obligations · Restriction or exception
After the first 30 days WHOOP refunds none of your Initial Membership Fee, but asks you to return unwanted Devices
Once the initial 30-day period has passed, WHOOP will not refund all or any portion of your Initial Membership Fee. If you decide to stop using your WHOOP Device or the Services for any reason, WHOOP encourages you to return the Device for refurbishment and reuse, and you can contact Membership Services at support.whoop.com for return instructions.
Supporting quotations
Once the initial 30-day period has passed, WHOOP will not refund all or any portion of your Initial Membership Fee. If you decide to stop using your WHOOP Device and/or the Services for any reason, we encourage you to return the WHOOP Device for refurbishment and reuse. Contact Membership Services at support.whoop.com for return instructions.
Qualifications & exceptions
Returning a Device after 30 days is encouraged, not rewarded with a refund.
Not stated here
The limited warranty section allows WHOOP, in limited cases, to refund the portion of the membership price reflecting the Device cost; the two are not reconciled in the text.
Account & Service Control · Restriction or exception
Once you request a return, you can no longer use the Account tied to the returned Device
After a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned.
Supporting quotations
Once a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned.
Not stated here
The text does not say whether the Account or its data are deleted or kept after a return.
Charges & Financial Obligations · User right or choice
A Test Subscription is refundable if cancelled within 30 days of purchase and before you receive any Tests
If you cancel your Test Subscription purchase within thirty days of the initial purchase and have not yet received any of the Tests, WHOOP gives you a full refund, processed when you cancel. You are no longer eligible for a refund after thirty days from the initial purchase or after receiving any of the Tests, whichever comes first.
Supporting quotations
If you cancel your Test Subscription purchase within thirty (30) days of your initial purchase and you have not yet received any such Tests, then WHOOP will provide you a full refund of your Test Subscription. If you qualify for this refund, such refund will be processed once you cancel your Test Subscription. You will no longer be eligible for a refund after thirty (30) days from your initial purchase or after receiving any such Tests, whichever comes first.
Qualifications & exceptions
Both conditions must hold: within thirty days and no Tests received yet.
Eligibility ends at thirty days or on receiving any Tests, whichever is first.
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.
Account & Service Control · Restriction or exception
Warranty eligibility needs a paid-up Membership, a valid payment method and a Device bought from WHOOP or a reseller
To be eligible for the Limited Warranty you must have an active Membership with no outstanding balance or unpaid fees, have a valid Payment Method on file, and have purchased the WHOOP Device directly from WHOOP or from an Authorized Reseller.
Supporting quotations
To be eligible for the Limited Warranty, you must:
Have an active Membership with no outstanding balance or any unpaid fees; and
Have a valid Payment Method on file; and
Have purchased the WHOOP Device directly from WHOOP or Authorized Reseller.
Qualifications & exceptions
All three conditions are joined by "and".
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.
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.
Account & Service Control · Context
The agreement starts when you accept it and lasts while you use the Services unless ended earlier
The term of the agreement begins on the date you accept it and continues in full force while you use the Services, unless it is terminated earlier under the agreement.
Supporting quotations
The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.
Account & Service Control · Permission or license
WHOOP can end Services at once for breach or legal reasons, or without cause on notice with a prepaid refund
If you have materially breached the agreement, or WHOOP is required by law to do so (for example if providing the Services is or becomes unlawful), WHOOP may immediately and without notice suspend or terminate any Services provided to you. WHOOP also reserves the right to terminate the agreement or your access at any time without cause upon notice to you, and if it does so it will refund you the pre-paid portion of any unused subscriptions for Services. You agree that terminations for cause are made in WHOOP's sole discretion and that WHOOP is not liable to you or any third party for terminating your Account.
Supporting quotations
If you have materially breached any provision of this Agreement, or if WHOOP is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), WHOOP has the right to, immediately and without notice, suspend or terminate any Services provided to you.
WHOOP reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you and in the event we exercise this termination right, we will refund you for any pre-paid portion of any unused subscriptions for Services.
You agree that all terminations for cause are made in WHOOP’s sole discretion and that WHOOP shall not be liable to you or any third party for any termination of your Account.
Qualifications & exceptions
For cause or legal reasons: immediately and without notice.
Without cause: upon notice, with a refund of the prepaid unused portion of subscriptions.
Termination for cause is decided in WHOOP's sole discretion.
Retention & Deletion · Company practice
After termination your right to use the Services ends and WHOOP may delete Your Content from its live databases
When the agreement, or a Service or feature, is terminated, your right to use it ends automatically and WHOOP may delete Your Content associated with it from its live databases. If WHOOP terminates your Account for cause it may also bar you from further use or access. WHOOP has no liability for any suspension or termination, including for deleting Your Content. Provisions that by their nature should survive termination do, including ownership provisions, warranty disclaimers and limitations of liability.
Supporting quotations
Upon termination of this Agreement, or the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof (as applicable) will automatically terminate, and we may delete Your Content associated therewith from our live databases. If we terminate your Account for cause, we may also bar your further use or access to the Services. WHOOP will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
All provisions of this Agreement which by their nature should survive, will survive termination of Services and this Agreement, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Qualifications & exceptions
WHOOP "may" delete Your Content from its live databases; the text does not say it must.
Survival covers provisions that by their nature should survive, including ownership, warranty disclaimers and liability limits.
Not stated here
The text refers to deletion from "live databases" only; it does not say whether copies or backups are kept or for how long, though the Your Content section says WHOOP may keep copies for backup, security, maintenance or as required by law.
Account & Service Control · Restriction or exception
If WHOOP ends your access for violations or inappropriate conduct, you may not re-register under another name
If WHOOP terminates the agreement for cause, or discontinues your Account or access because you violated the agreement or for conduct otherwise deemed inappropriate, you agree not to try to re-register with or access the Services using a different member name or otherwise.
Supporting quotations
If this Agreement is terminated for cause by WHOOP or if your Account or ability to access the Services is discontinued by WHOOP due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.
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.
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.
Content & IP Rights · Permission or license
Your license for WHOOP software on Apple products is non-exclusive, revocable and bound by Apple's usage rules
For Software made available for use with an Apple-branded product (Apple-Enabled Software), extra terms apply. You may not use it in violation of or inconsistent with the Usage Rules in Apple's App Store Terms of Service. Your license is non-exclusive, revocable and non-transferable, to use the software on an iOS Product that you own or control, as the Usage Rules permit.
Supporting quotations
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Not stated here
The App Store Terms of Service and Usage Rules are Apple documents that are not part of this source.
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.
Account & Service Control · Permission or license
You consent to receive WHOOP's notices and agreements electronically, which count as written communications
Communications between you and WHOOP may take place electronically, whether you visit the Services or email WHOOP, or WHOOP posts notices on the Services or emails you. For contractual purposes you consent to receive communications from WHOOP in electronic form and agree that all terms, agreements, notices, disclosures and other communications WHOOP provides electronically satisfy any legal requirement that they be in writing. This does not affect your statutory rights, including under the US Electronic Signatures in Global and National Commerce Act (E-Sign).
Supporting quotations
The communications between you and WHOOP may take place via electronic means, whether you visit the Services or send WHOOP emails, or whether WHOOP posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from WHOOP in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WHOOP electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Qualifications & exceptions
Your statutory rights, including under E-Sign, are not affected.
Account & Service Control · Restriction or exception
Notices emailed to the address you gave WHOOP count as effective even if they do not reach you
Where WHOOP requires an email address, you are responsible for giving it a valid and current one. If the address is invalid or cannot deliver a notice required by the agreement, WHOOP's sending of the email still counts as effective notice. You may notify WHOOP of changes to your email address at the Section 26 contact address, and that notice is treated as given when WHOOP receives it by letter delivered by nationally recognized overnight delivery or prepaid first class mail.
Supporting quotations
Where WHOOP requires that you provide an email address, you are responsible for providing WHOOP with a valid and current email address. In the event that the email address you provide to WHOOP is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, WHOOP’s dispatch of the email containing such notice will nonetheless constitute effective notice.
You may give notice of any changes to your email address to WHOOP at the address in Section 26 below. Such notice shall be deemed given when received by WHOOP by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Qualifications & exceptions
Effective notice depends on WHOOP sending the email, not on your receiving it.
Your change-of-address notice counts only when WHOOP receives a letter by overnight delivery service or prepaid first class mail.
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.
Charges & Financial Obligations · Procedure
Upgrading to a 5.0 or MG sensor and higher tier can shorten your remaining Membership months at the higher rate
Current members upgrading to the 5.0 or MG sensor and the Peak or Life tiers have options presented when they obtain the upgrade. One is to extend your Membership at the price and duration shown then. The total value of your remaining term is divided by the monthly equivalent of the new tier, and the resulting number of months is added to your new Membership, so your remaining time may be shorter than before. For example, 6 months remaining on a $20/month Membership upgraded to a $30/month Membership becomes 4 months at the higher tier. After that remaining term ends, the new Membership you bought as part of the upgrade begins, and all renewals are at the then-current price for the new Membership.
Supporting quotations
If you are a current member upgrading to the 5.0 or MG sensor and the Peak or Life membership tiers, you have certain options as presented in the process of obtaining your Membership.
You may extend your Membership at the price and for the duration presented to you when you obtain such extension. The total value of the remaining term of your current Membership will be divided by the monthly equivalent for the Membership tier to which you upgrade, and the resulting number of months will be added to your new Membership. Note that this may mean that the new duration of remaining term of your Membership is less than the total number of your current remaining months.
For example, if you have 6 months remaining in the term of your Membership, and if you upgrade from a $20/month Membership to a $30/month membership, your remaining 6 months of Membership will be reduced to 4 months of Membership at the higher tier. Once the remaining new term of your then-current Membership is completed, you will begin the duration of the new Membership you purchased as part of your upgrade. All renewals will be at the then-current price for the new Membership.
Qualifications & exceptions
The options are those presented to you in the process of obtaining your Membership.
The new duration of your remaining term may be less than your current remaining months.
Charges & Financial Obligations · Procedure
Instead of a new Membership you can pay a one-time upgrade fee for a new sensor, with remaining months recalculated
As an alternative to buying a new upgraded Membership, you may pay a one-time upgrade fee to receive a 5.0 or MG sensor. The total value of your remaining term is divided by the monthly equivalent of the tier you upgrade to and the resulting months are added to your new Membership, so the remaining term may be shorter; the same 6-month $20 to $30 example becomes 4 months. When your current Membership expires, you will need to buy a new Membership at the tier you select.
Supporting quotations
As an alternative to purchasing a new upgraded Membership, you may pay a one-time upgrade fee to receive a 5.0 or MG sensor. The total value of the remaining term of your current Membership will be divided by the monthly equivalent for the Membership tier to which you upgrade, and the resulting number of months will be added to your new Membership.
For example, if you have 6 months remaining in the term of your Membership, and if you upgrade from a $20/month Membership to a $30/month membership, your remaining 6 months of Membership will be reduced to 4 months of Membership at the higher tier. When your current Membership expires, you will need to purchase a new Membership at the tier you select.
Qualifications & exceptions
You must buy a new Membership at the selected tier when your current one expires.
Not stated here
The text does not state the upgrade fee amount.
Account & Service Control · Restriction or exception
WHOOP will support the 4.0 sensor for a time but can end support at its discretion, after which you must upgrade
WHOOP will continue to support your current 4.0 sensor and Membership for a period of time but reserves the right to end support at its discretion. When it does, you will need to upgrade to keep your Membership, with the same upgrade options described above.
Supporting quotations
WHOOP will continue to support your current 4.0 sensor and Membership for a period of time, but reserves the right to end support at its discretion. At such time you will be required to upgrade in order to maintain your Membership. You will have the same upgrade options outlined directly above.
Qualifications & exceptions
The period of continued support is not stated.
Not stated here
The text does not say how long 4.0 sensor support will continue or how much notice WHOOP will give before ending it.