WHOOP Trade Up Program Terms

Legal Rights & Agreement Rules · Context

What the Program is and which terms apply to it

These Trade Up Terms, effective August 4, 2026, govern participation in the WHOOP Trade Up Program. The Program lets eligible customers receive a promotional discount toward a WHOOP purchase by trading in an eligible wearable device through Refreshed Tech, LLC, which the terms describe as an independent third-party service provider. By participating you also agree to the WHOOP Terms of Use, the WHOOP Terms of Sale, the WHOOP Privacy Policy and any other applicable WHOOP policies. If these Trade Up Terms conflict with the Terms of Use or Terms of Sale, the Trade Up Terms control, but only for your participation in the Program.

Supporting quotations

Effective Date: August 4, 2026

The Program allows eligible customers to receive a promotional discount toward their WHOOP purchase by trading in an eligible wearable device through Refreshed Tech, LLC, an independent third-party service provider

By participating in the Program, you agree to these Trade Up Terms, the WHOOP Terms of Use, the WHOOP Terms of Sale, the WHOOP Privacy Policy and any other applicable WHOOP policies.

If there is a conflict between these Trade Up Terms and the WHOOP Terms of Use or Terms of Sale, these Trade Up Terms will control solely with respect to your participation in the Program.

Qualifications & exceptions

• The Trade Up Terms control over the Terms of Use and Terms of Sale only "solely with respect to your participation in the Program".
• The discount is available to eligible customers; the eligibility conditions are in Section 1.

Not stated here

• The WHOOP Terms of Use, Terms of Sale, Privacy Policy and "other applicable WHOOP policies" are referenced but their text is not part of this document, and the terms do not list which other policies apply.
• The priority rule names only the Terms of Use and Terms of Sale; it does not say which document controls over the Privacy Policy or other WHOOP policies.

Cross-references

• qualified by (model-proposed): The Terms of Use and Terms of Sale stay in force and fill in undefined terms — The opening priority rule gives the Trade Up Terms control only for Program participation; the closing section says the Terms of Use and Terms of Sale otherwise remain in full force except as expressly provided.

Account & Service Control · Restriction or exception

Who can take part in the Program

To participate you must live in a country or region where the Program is offered, be at least eighteen (18) years old or the age of majority in your jurisdiction, purchase an eligible WHOOP Membership and/or WHOOP Device through the Program, own the device you submit (or otherwise have the legal authority to transfer ownership), and comply with the Trade Up Terms. These are listed together as conditions you "must" meet.

Supporting quotations

To participate in the Program, you must:

reside in a country or region where the Program is offered;

be at least eighteen (18) years of age or the age of majority in your jurisdiction;

purchase an eligible WHOOP Membership and/or WHOOP Device through the Program;

own the device you submit for trade up or otherwise have the legal authority to transfer ownership; and

comply with these Trade Up Terms.

Qualifications & exceptions

• Age condition: at least eighteen (18) years of age or the age of majority in your jurisdiction.
• The purchase must be of an eligible WHOOP Membership and/or WHOOP Device made through the Program.

Not stated here

• The terms do not list the countries or regions where the Program is offered.
• The document does not define what makes a WHOOP Membership or WHOOP Device eligible for the Program.
• The age condition is worded "eighteen (18) ... or the age of majority"; the terms do not say which applies if they differ.
• The only compliance condition named is with these Trade Up Terms; the linked WHOOP Terms of Use, Terms of Sale and other policies are not supplied here, so any further conditions they set are not covered.

Legal Rights & Agreement Rules · Permission or license

WHOOP can limit eligibility or change, suspend or end the Program at any time

WHOOP may modify, suspend or discontinue the Program, or limit eligibility, at any time, subject to applicable law. Section 12 repeats this and extends it to terminating the Program or the Trade Up Terms themselves, again subject to applicable law.

Supporting quotations

WHOOP may modify, suspend, or discontinue the Program, or limit eligibility, at any time, subject to applicable law.

WHOOP may modify, suspend, or terminate the Program or these Trade Up Terms at any time, subject to applicable law.

Qualifications & exceptions

• Subject to applicable law.
• WHOOP's right is stated as "at any time", with no condition tied to your circumstances.

Not stated here

• Neither section says whether or how WHOOP will notify participants before changing, suspending or ending the Program.

Cross-references

• qualified by (model-proposed): Changes to the Program or terms do not affect discounts already applied, except as the terms allow — WHOOP's right to change, suspend or end the Program at any time is qualified in Section 12: changes do not affect discounts already applied except as the terms expressly permit.

Data Access & Collection · Procedure

Only WHOOP-designated devices qualify, and you describe yours at checkout

Only devices that WHOOP designates as eligible may be submitted; the terms call these Eligible Devices. During checkout you will be asked for the manufacturer, the model, the condition of your device and any other information reasonably requested by WHOOP or Refreshed Tech. Your eligibility for the Program and for the Trade Up Discount is based on the accuracy of the information you provide.

Supporting quotations

Only devices designated by WHOOP as eligible for the Program may be submitted

During checkout, you will be asked to identify:

the manufacturer;

the model;

the condition of your device; and

any other information reasonably requested by WHOOP or Refreshed Tech.

Your eligibility for the Program and the Trade Up Discount (as defined below) is based on the accuracy of the information you provide.

Qualifications & exceptions

• Further information must be "reasonably requested" by WHOOP or Refreshed Tech.
• Eligibility and the discount depend on the accuracy of what you provide.

Not stated here

• The terms do not list which devices WHOOP has designated as eligible.
• "Any other information" is open-ended; the terms do not list what else may be requested.

Charges & Financial Obligations · Restriction or exception

What the device must be like when Refreshed Tech receives it

To qualify as an Eligible Device, the device received by Refreshed Tech must be reset or wiped of all end user data, match the manufacturer and model you selected at checkout, substantially match the condition you represented at checkout, power on and otherwise satisfy the eligibility criteria communicated during the inspection process, and include the applicable charging cable or charger. Failing these requirements may result in adjustment or forfeiture of your Trade Up Discount, as the terms describe further below.

Supporting quotations

To qualify as an Eligible Device, the device received by Refreshed Tech must:

be reset or wiped of all end user data;

match the manufacturer and model selected during checkout;

substantially match the condition represented during checkout;

power on and otherwise satisfy the eligibility criteria communicated during the inspection process; and

include the applicable charging cable or charger.

Failure to satisfy these requirements may result in adjustment or forfeiture of your Trade Up Discount as described below.

Qualifications & exceptions

• The test applies to the device "received by Refreshed Tech", not only to how you described it.
• Condition must "substantially" match what you represented.
• The consequence is stated as "may result in" adjustment or forfeiture, not as automatic.

Not stated here

• The inspection-process eligibility criteria are not stated in the terms; they are "communicated during the inspection process".
• The later sections describe revoking the discount and charging amounts owed, but this document does not explain how an "adjustment" is calculated.

Cross-references

• refers to (model-proposed): WHOOP can revoke the discount, charge you or suspend your membership — The condition requirements say that failing them may adjust or forfeit the discount "as described below"; the Section 7 remedies are the later text that describes revocation and charging.

Charges & Financial Obligations · Company commitment

The Trade Up Discount is a conditional credit applied at checkout

If your order qualifies, WHOOP applies a promotional discount (the Trade Up Discount) to your eligible purchase at checkout. In exchange, you agree to pay the amount charged at checkout and to transfer an Eligible Device under the Trade Up Terms. The terms describe the discount as a conditional credit applied to your order in consideration for your timely transfer of the device. It is offered only in connection with the Program and is conditioned on your compliance with the Trade Up Terms.

Supporting quotations

If your order qualifies, WHOOP will apply a promotional discount (the "Trade Up Discount") to your eligible purchase at checkout.

As consideration for the eligible WHOOP order, you agree to pay the amount charged at checkout and to transfer an Eligible Device in accordance with these Trade Up Terms.

The Trade Up Discount constitutes a conditional credit applied to your order in consideration for your timely transfer of the Eligible Device.

The Trade Up Discount is offered solely in connection with the Program and is conditioned upon your compliance with these Trade Up Terms.

Qualifications & exceptions

• Applies only "if your order qualifies".
• Conditional on timely transfer of an Eligible Device and compliance with the Trade Up Terms.
• Offered solely in connection with the Program.

Not stated here

• This document does not state the amount of the discount or how it is calculated.

Charges & Financial Obligations · Restriction or exception

The discount has no cash value and cannot be transferred or combined

The Trade Up Discount has no cash value, may not be transferred, and may not be redeemed for cash. It may not be combined with gift cards, promotional codes, coupons or other promotional offers unless WHOOP expressly permits it.

Supporting quotations

The Trade Up Discount:

has no cash value;

may not be transferred;

may not be redeemed for cash; and

may not be combined with gift cards, promotional codes, coupons, or other promotional offers unless expressly permitted by WHOOP.

Qualifications & exceptions

• Combination with gift cards, codes, coupons or other promotions is barred "unless expressly permitted by WHOOP".

Not stated here

• The terms do not say which offers WHOOP expressly permits to be combined with the discount.

Charges & Financial Obligations · Procedure

You must ship the device within 30 days or the discount can be revoked

After your eligible purchase, WHOOP or Refreshed Tech gives you instructions and a prepaid shipping label. You must package the device securely, include the required charger or charging cable, use the provided label, and make sure the shipment is postmarked no later than thirty (30) days after the label is provided. Missing that postmark period may result in the discount being revoked and in the Section 7 remedies. Under Section 7, WHOOP may revoke the discount, charge your original payment method for any applicable amount owed, and/or suspend your WHOOP Membership or related services until the requirements are met or an outstanding balance is paid. Section 7 words this trigger as failing to ship within thirty (30) days after receiving your shipping label, and by participating you authorize WHOOP to charge the payment method associated with your purchase for any amount owed under that Section.

Supporting quotations

Following your eligible purchase, WHOOP or Refreshed Tech will provide you with instructions and a prepaid shipping label.

You must:

package your Eligible Device securely;

include the required charger or charging cable;

use the provided shipping label; and

ensure your shipment is postmarked no later than thirty (30) days after the shipping label is provided.

Failure to postmark your shipment within this thirty (30)-day period may result in your Trade Up Discount being revoked and the remedies described in Section 7 below.

WHOOP reserves the right, to the fullest extent permitted by applicable law, to revoke the Trade Up Discount, charge your original payment method for any applicable amount owed, and/or suspend your WHOOP Membership or related services until the Program requirements have been satisfied or any outstanding balance has been paid.

you fail to ship your Eligible Device within thirty (30) days after receiving your shipping label;

By participating in the Program, you authorize WHOOP to charge the payment method associated with your purchase for any amount owed under this Section.

Qualifications & exceptions

• Deadline: postmarked no later than 30 days after the shipping label is provided.
• Consequences are stated as "may result" and as rights WHOOP "reserves", exercised "to the fullest extent permitted by applicable law".
• Remedies can be combined ("and/or") and a suspension lasts until the requirements are met or the balance is paid.

Not stated here

• Section 4 counts the 30 days from when the label "is provided" while Section 7 counts from "receiving" the label; the terms do not say how the date of provision or receipt is determined or whether the two differ.
• This document does not state the amount that could be owed if the discount is revoked, or define "related services".
• This document does not describe a notice, reminder or chance to fix a missed deadline before a remedy is applied.

Cross-references

• contrast (model-proposed): Events that let WHOOP use the Section 7 remedies — Section 4 measures the 30 days from when the shipping label is provided and asks for a postmark, while the Section 7 trigger measures 30 days after receiving the label and speaks of failing to ship. The terms do not say whether the two are meant to differ.

Legal Rights & Agreement Rules · Restriction or exception

After you ship, the trade up is final and the device is not returned

Once you ship your Eligible Device and required charger to Refreshed Tech with the provided label, the trade up is final. Subject to applicable law, the device and charger cannot be returned to you, whether or not the device is found eligible, whether the Trade Up Discount is adjusted or revoked, and even if your WHOOP purchase is returned or canceled. By shipping, you acknowledge and agree that you relinquish any right to have them returned. Section 8 adds that accepted devices are not returned except where applicable law requires, and that ownership passes to Refreshed Tech when it accepts the device.

Supporting quotations

Once you ship your Eligible Device and required charger to Refreshed Tech using the provided shipping label, your trade up is final. Subject to applicable law, your Eligible Device and charger cannot be returned to you, regardless of whether your device is determined to be eligible for the Program, your Trade Up Discount is adjusted or revoked, or your WHOOP purchase is returned or canceled. By shipping your Eligible Device and charger, you acknowledge and agree that you relinquish any right to have them returned.

Upon acceptance of your Eligible Device by Refreshed Tech, ownership of the device transfers to Refreshed Tech.

Eligible Devices accepted through the Program will not be returned except where required by applicable law.

Qualifications & exceptions

• Subject to applicable law.
• Applies to both the device and the charger.
• Applies "regardless of" the eligibility result, any adjustment or revocation of the discount, and any return or cancelation of the WHOOP purchase.

Not stated here

• The terms do not say what, if anything, you receive for the device if your WHOOP purchase is returned or canceled after you ship it.

Cross-references

• contrast (model-proposed): Delivery completes your transfer and ownership passes to Refreshed Tech on acceptance — Section 4 says the trade up is final on shipping and the device cannot be returned whatever the eligibility result, while Section 8 ties the transfer of ownership to Refreshed Tech's acceptance and speaks of accepted devices. The terms do not reconcile what happens to a device that is shipped but not accepted.

Legal Rights & Agreement Rules · Company practice

Refreshed Tech inspects the device and decides eligibility, not WHOOP

All Eligible Devices are received and inspected by Refreshed Tech. After receiving your shipment, Refreshed Tech verifies, among other things, that the device matches what you identified at checkout, its condition is consistent with your representations, it satisfies Program eligibility requirements, the required charger or cable is included, and it is otherwise eligible. Refreshed Tech's inspection determines whether the device meets the Program's requirements, and the terms state that WHOOP does not inspect devices or determine eligibility.

Supporting quotations

All Eligible Devices are received and inspected by Refreshed Tech.

Following receipt of your shipment, Refreshed Tech will verify, among other things, that:

the device matches the device identified during checkout;

the condition of the device is consistent with your representations;

the device satisfies Program eligibility requirements;

the required charger or charging cable has been included; and

the device is otherwise eligible for the Program.

Refreshed Tech's inspection determines whether your Eligible Device satisfies the requirements of the Program.

WHOOP does not inspect devices or determine eligibility.

Qualifications & exceptions

• The verification list is introduced by "among other things", so it is not exhaustive.

Not stated here

• This document does not describe a way to see or contest the inspection result.

Cross-references

• referred to by (model-proposed): Events that let WHOOP use the Section 7 remedies — The Section 7 trigger "your device is determined to be ineligible" depends on an eligibility determination, which Section 5 says is made by Refreshed Tech's inspection and not by WHOOP.

Legal Rights & Agreement Rules · Restriction or exception

Your promises about ownership, liens and accuracy

By participating you represent and warrant that you own the Eligible Device or have full legal authority to transfer ownership, that the device is not lost or stolen, that it is not subject to any financing agreement, lease, lien or other security interest, and that all information you provide during the process is accurate and complete.

Supporting quotations

By participating in the Program, you represent and warrant that:

you own the Eligible Device or have full legal authority to transfer ownership;

the device is not lost or stolen;

the device is not subject to any financing agreement, lease, lien, or other security interest;

all information you provide during the process is accurate and complete;

Qualifications & exceptions

• These are representations and warranties you give by participating in the Program.
• The accuracy statement covers "all information you provide during the process".

Not stated here

• The warranties are stated without any knowledge qualifier, and the terms do not say whether not knowing that a statement was untrue changes the consequences.

Security & Safeguards · Restriction or exception

You must remove your data, locks and SIM cards before shipping

You also represent and warrant that you have removed all personal information from the device, removed any activation locks, account locks, passcodes or similar security features, factory reset the device before shipment, and removed any SIM cards or removable storage media, if applicable.

Supporting quotations

By participating in the Program, you represent and warrant that:

you have removed all personal information from the device;

you have removed any activation locks, account locks, passcodes, or similar security features;

you have factory reset the device before shipment; and

you have removed any SIM cards or removable storage media, if applicable.

Qualifications & exceptions

• SIM cards and removable storage must be removed "if applicable".
• These are representations and warranties you give by participating in the Program.

Not stated here

• The terms do not say how Refreshed Tech treats a device that still holds personal information or a lock.

Cross-references

• referred to by (model-proposed): Neither WHOOP nor Refreshed Tech is responsible for data left on the device — The disclaimer for data remaining on a device is read together with your representation that you have removed all personal information from it before shipment.

Security & Safeguards · Restriction or exception

Neither WHOOP nor Refreshed Tech is responsible for data left on the device

The terms state that neither WHOOP nor Refreshed Tech is responsible for any data remaining on a returned device. This sits next to your promise to remove all personal information from the device before you ship it.

Supporting quotations

you have removed all personal information from the device;

Neither WHOOP nor Refreshed Tech is responsible for any data remaining on a returned device.

Qualifications & exceptions

• The disclaimer covers both WHOOP and Refreshed Tech.

Not stated here

• The terms say shipped devices are generally not returned to you, so it is unclear whether "returned device" means a device sent back to Refreshed Tech or one returned to you where the law requires.
• The terms do not say what Refreshed Tech does with data it finds on a device.

Cross-references

• refers to (model-proposed): You must remove your data, locks and SIM cards before shipping — The disclaimer for data remaining on a device is read together with your representation that you have removed all personal information from it before shipment.

Charges & Financial Obligations · Permission or license

WHOOP can revoke the discount, charge you or suspend your membership

The discount is conditional on your compliance with the Trade Up Terms. If you do not timely submit an Eligible Device and the required charger, if the device does not match the device or condition you represented, or if you otherwise fail to satisfy the Program requirements, WHOOP reserves the right, to the fullest extent permitted by applicable law, to revoke the Trade Up Discount, charge your original payment method for any applicable amount owed, and/or suspend your WHOOP Membership or related services until the requirements are satisfied or any outstanding balance is paid. WHOOP's decision not to exercise a remedy in one instance does not waive its right to enforce the terms in another.

Supporting quotations

The Trade Up Discount is conditional upon your compliance with the WHOOP Trade Up Program Terms. If you do not timely submit an Eligible Device and required charger, if the device you submit does not match the device or condition you represented, or if you otherwise fail to satisfy the Program requirements, WHOOP reserves the right, to the fullest extent permitted by applicable law, to revoke the Trade Up Discount, charge your original payment method for any applicable amount owed, and/or suspend your WHOOP Membership or related services until the Program requirements have been satisfied or any outstanding balance has been paid.

WHOOP's decision not to exercise any remedy in one instance does not waive its right to enforce these Trade Up Terms in any other instance.

Qualifications & exceptions

• "Reserves the right": a choice for WHOOP, not an automatic result.
• Exercised "to the fullest extent permitted by applicable law".
• Remedies can be combined ("and/or").
• A suspension lasts until the Program requirements are satisfied or any outstanding balance is paid.

Not stated here

• The terms do not define "any applicable amount owed" or say how it is calculated.
• "Related services" is not defined.
• This document does not describe prior notice or a chance to fix the problem before a remedy is applied.

Cross-references

• referred to by (model-proposed): What the device must be like when Refreshed Tech receives it — The condition requirements say that failing them may adjust or forfeit the discount "as described below"; the Section 7 remedies are the later text that describes revocation and charging.

Charges & Financial Obligations · Restriction or exception

Events that let WHOOP use the Section 7 remedies

WHOOP may exercise the Section 7 rights, "without limitation", if you fail to ship your Eligible Device within thirty (30) days after receiving your shipping label, ship an empty package, ship a different device than the one identified at checkout, the device's condition materially differs from what you represented at checkout, you fail to include the required charger or cable, your device is determined to be ineligible for the Program, or you otherwise violate the Trade Up Terms.

Supporting quotations

Without limitation, WHOOP may exercise these rights if:

you fail to ship your Eligible Device within thirty (30) days after receiving your shipping label;

you ship an empty package;

you ship a different device than the device identified during checkout;

the condition of your device materially differs from the condition represented during checkout;

you fail to include the required charger or charging cable;

your device is determined to be ineligible for the Program; or

you otherwise violate these Trade Up Terms.

Qualifications & exceptions

• The list is not exhaustive ("Without limitation").
• A condition mismatch counts when the condition "materially differs".
• The shipping trigger runs from "receiving your shipping label".

Not stated here

• The list does not say who determines that a device is ineligible; the inspection role is described elsewhere.
• Whether violating the WHOOP Terms of Use or other policies named in the opening section can trigger these remedies is not stated, and those linked documents are not supplied here.

Cross-references

• refers to (model-proposed): Refreshed Tech inspects the device and decides eligibility, not WHOOP — The Section 7 trigger "your device is determined to be ineligible" depends on an eligibility determination, which Section 5 says is made by Refreshed Tech's inspection and not by WHOOP.
• contrast (model-proposed): You must ship the device within 30 days or the discount can be revoked — Section 4 measures the 30 days from when the shipping label is provided and asks for a postmark, while the Section 7 trigger measures 30 days after receiving the label and speaks of failing to ship. The terms do not say whether the two are meant to differ.

Charges & Financial Obligations · Permission or license

You authorize WHOOP to charge your payment method for amounts owed

By participating in the Program you authorize WHOOP to charge the payment method associated with your purchase for any amount owed under Section 7.

Supporting quotations

By participating in the Program, you authorize WHOOP to charge the payment method associated with your purchase for any amount owed under this Section.

Qualifications & exceptions

• Limited to amounts owed "under this Section" (Section 7).
• Applies to the payment method associated with your purchase.

Not stated here

• This document does not say whether WHOOP will tell you before or after it charges you.

Legal Rights & Agreement Rules · Company practice

Delivery completes your transfer and ownership passes to Refreshed Tech on acceptance

Delivering your Eligible Device to Refreshed Tech as the terms require satisfies your obligation to transfer it under the Program. WHOOP has authorized Refreshed Tech to receive, inspect and process Eligible Devices on WHOOP's behalf. Ownership of the device transfers to Refreshed Tech upon its acceptance of the device. Accepted devices will not be returned except where applicable law requires. Section 4 separately says the device cannot be returned to you regardless of whether it is found eligible.

Supporting quotations

Delivery of your Eligible Device to Refreshed Tech in accordance with these Trade Up Terms satisfies your obligation to transfer the device under the Program. WHOOP has authorized Refreshed Tech to receive, inspect, and process Eligible Devices on behalf of WHOOP. Upon acceptance of your Eligible Device by Refreshed Tech, ownership of the device transfers to Refreshed Tech.

Eligible Devices accepted through the Program will not be returned except where required by applicable law.

your Eligible Device and charger cannot be returned to you, regardless of whether your device is determined to be eligible for the Program

Qualifications & exceptions

• Ownership passes "upon acceptance" by Refreshed Tech, not on shipping or delivery.
• The no-return statement covers devices "accepted through the Program" and has an exception only where the law requires a return.

Not stated here

• The terms do not say who owns, or whether Refreshed Tech returns, a device that Refreshed Tech does not accept, because Section 8 speaks of accepted devices while Section 4 says the device cannot be returned whatever the eligibility result.

Cross-references

• contrast (model-proposed): After you ship, the trade up is final and the device is not returned — Section 4 says the trade up is final on shipping and the device cannot be returned whatever the eligibility result, while Section 8 ties the transfer of ownership to Refreshed Tech's acceptance and speaks of accepted devices. The terms do not reconcile what happens to a device that is shipped but not accepted.

Account & Service Control · Permission or license

WHOOP can refuse, suspend or end your participation for fraud or abuse

WHOOP may refuse, suspend or terminate your participation in the Program if it reasonably believes you have engaged in fraud, abuse, misrepresentation or any activity intended to circumvent the Trade Up Terms. The examples, without limitation, are submitting false information about your device, shipping stolen, counterfeit or altered devices, submitting empty packages, manipulating serial numbers or identifying information, attempting to obtain multiple Trade Up Discounts through fraudulent means, and any other conduct intended to improperly obtain Program benefits. WHOOP reserves all rights and remedies available under applicable law.

Supporting quotations

WHOOP may refuse, suspend, or terminate participation in the Program if WHOOP reasonably believes that you have engaged in fraud, abuse, misrepresentation, or any activity intended to circumvent these Trade Up Terms.

Examples include, without limitation:

submitting false information regarding your device;

shipping stolen, counterfeit or altered devices;

submitting empty packages;

manipulating serial numbers or identifying information;

attempting to obtain multiple Trade Up Discounts through fraudulent means; or

any other conduct intended to improperly obtain Program benefits.

WHOOP reserves all rights and remedies available under applicable law.

Qualifications & exceptions

• The standard is WHOOP's reasonable belief.
• The examples are not exhaustive ("without limitation").

Not stated here

• The terms do not say what happens to a discount already applied if participation ends for fraud or abuse, beyond the Section 7 remedies and WHOOP's reservation of rights under law.
• This document does not describe a way to respond to a fraud or abuse finding.

Legal Rights & Agreement Rules · Company practice

Refreshed Tech runs the trade-in side; WHOOP handles the discount and sales

Refreshed Tech operates the trade up portion of the Program as an independent contractor and is solely responsible for receiving, evaluating, purchasing, refurbishing, recycling, reselling or otherwise disposing of Eligible Devices. WHOOP is responsible solely for administering the promotional discount and for selling eligible WHOOP products and Memberships.

Supporting quotations

Refreshed Tech operates the trade up portion of the Program as an independent contractor.

Refreshed Tech is solely responsible for receiving, evaluating, purchasing, refurbishing, recycling, reselling, or otherwise disposing of Eligible Devices.

WHOOP is responsible solely for administering the promotional discount associated with the Program and selling eligible WHOOP products and Memberships.

an independent third-party service provider

Qualifications & exceptions

• Each party's role is stated as exclusive ("solely") within its own area.

Not stated here

• The terms do not say who answers for a problem that spans both roles, such as a device assessed wrongly.

Legal Rights & Agreement Rules · Restriction or exception

Refreshed Tech's own terms and privacy policy also apply to you

Your submission of an Eligible Device is also subject to Refreshed Tech's applicable Terms and Conditions and Privacy Policy, which the terms say are incorporated into the Trade Up Terms by reference. By accepting the Trade Up Terms and participating, you also agree to be bound by Refreshed Tech's Terms and Conditions and acknowledge that you have reviewed its Privacy Policy.

Supporting quotations

your submission of an Eligible Device is also subject to Refreshed Tech's applicable

each of which is incorporated into these Trade Up Terms by reference.

you also agree to be bound by Refreshed Tech's

acknowledge that you have reviewed Refreshed Tech's

If there is a conflict between these Trade Up Terms and the WHOOP Terms of Use or Terms of Sale, these Trade Up Terms will control

Qualifications & exceptions

• Only Refreshed Tech's "applicable" terms and privacy policy are incorporated.
• You agree to be bound by the Terms and Conditions; for the Privacy Policy you "acknowledge that you have reviewed" it.

Not stated here

• The text of Refreshed Tech's Terms and Conditions and Privacy Policy is not part of this document and was not supplied, so their effect, including any conflict with these terms, is unknown.
• The priority rule in the opening section covers only the WHOOP Terms of Use and Terms of Sale, so these terms do not say which document controls if Refreshed Tech's terms conflict with them.

Use & Processing · Company practice

Program information is handled under WHOOP's Privacy Policy and Refreshed Tech's notices

Information collected in connection with the Program will be processed in accordance with the WHOOP Privacy Policy and any applicable privacy notices provided by Refreshed Tech.

Supporting quotations

Information collected in connection with the Program will be processed in accordance with the WHOOP

and any applicable privacy notices provided by Refreshed Tech.

Qualifications & exceptions

• Refreshed Tech's notices apply only where they are "applicable".

Not stated here

• This document does not list what information is collected in connection with the Program.
• The WHOOP Privacy Policy and any Refreshed Tech privacy notices are not part of this document, so their content is not supplied here.

Sharing & Disclosure · Company practice

Information needed to run the Program may be shared between WHOOP and Refreshed Tech

You acknowledge that information necessary to administer the Program may be shared between WHOOP and Refreshed Tech.

Supporting quotations

You acknowledge that information necessary to administer the Program may be shared between WHOOP and Refreshed Tech.

Qualifications & exceptions

• Limited to information "necessary to administer the Program".
• Framed as an acknowledgment you give, using "may".

Not stated here

• The terms do not list which information counts as necessary to administer the Program.
• No way to object to or opt out of this sharing is described in this document.
• No limit on Refreshed Tech's own use of shared information is stated here, and its privacy notices are not supplied.

Legal Rights & Agreement Rules · Permission or license

Changes to the Program or terms do not affect discounts already applied, except as the terms allow

WHOOP may modify, suspend or terminate the Program or the Trade Up Terms at any time, subject to applicable law. Changes will not affect Trade Up Discounts already applied except as the Trade Up Terms expressly permit. Section 7 separately reserves WHOOP's right to revoke the discount if the trade up is not completed, but the terms do not say whether that is the kind of exception meant here.

Supporting quotations

WHOOP may modify, suspend, or terminate the Program or these Trade Up Terms at any time, subject to applicable law.

Changes will not affect Trade Up Discounts already applied except as expressly permitted under these Trade Up Terms.

WHOOP reserves the right, to the fullest extent permitted by applicable law, to revoke the Trade Up Discount

Qualifications & exceptions

• Subject to applicable law.
• Protection for discounts already applied has an exception for what the terms "expressly permit".

Not stated here

• The terms do not say which provisions count as "expressly permitted" exceptions, or whether Section 7 revocation is one of them.
• The terms do not say whether or how participants are notified of changes.

Cross-references

• qualifies (model-proposed): WHOOP can limit eligibility or change, suspend or end the Program at any time — WHOOP's right to change, suspend or end the Program at any time is qualified in Section 12: changes do not affect discounts already applied except as the terms expressly permit.

Legal Rights & Agreement Rules · Context

The Terms of Use and Terms of Sale stay in force and fill in undefined terms

Except as the Trade Up Terms expressly provide, the WHOOP Terms of Use and Terms of Sale remain in full force and effect. Capitalized terms not defined in the Trade Up Terms take the meanings given in the Terms of Use or Terms of Sale. The opening section adds that the Trade Up Terms control over those documents if they conflict, but solely for your participation in the Program.

Supporting quotations

Except as expressly provided in these Trade Up Terms, the WHOOP Terms of Use and Terms of Sale remain in full force and effect.

Capitalized terms not defined in these Trade Up Terms have the meanings assigned in the WHOOP Terms of Use or Terms of Sale.

If there is a conflict between these Trade Up Terms and the WHOOP Terms of Use or Terms of Sale, these Trade Up Terms will control solely with respect to your participation in the Program.

Qualifications & exceptions

• "Except as expressly provided": express Program provisions prevail.
• Priority applies "solely with respect to your participation in the Program".

Not stated here

• The Terms of Use and Terms of Sale are not part of this document, so what they say about returns, refunds, disputes or liability is not known here.

Cross-references

• qualifies (model-proposed): What the Program is and which terms apply to it — The opening priority rule gives the Trade Up Terms control only for Program participation; the closing section says the Terms of Use and Terms of Sale otherwise remain in full force except as expressly provided.

Legal Rights & Agreement Rules · Context

If one provision is unenforceable, the rest stay in effect

If any provision of the Trade Up Terms is held to be invalid or unenforceable, the remaining provisions stay in full force and effect.

Supporting quotations

If any provision of these Trade Up Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Qualifications & exceptions

• Applies only if a provision is "held to be invalid or unenforceable".

Legal Rights & Agreement Rules · Restriction or exception

Not enforcing a provision once does not waive it

WHOOP's failure to enforce any provision of the Trade Up Terms is not a waiver of that provision or any other provision. Section 7 says the same for remedies: WHOOP's decision not to exercise a remedy in one instance does not waive its right to enforce the terms in another instance.

Supporting quotations

WHOOP's failure to enforce any provision of these Trade Up Terms shall not constitute a waiver of that provision or any other provision.

WHOOP's decision not to exercise any remedy in one instance does not waive its right to enforce these Trade Up Terms in any other instance.

Qualifications & exceptions

• Applies to WHOOP's failure to enforce, not to your own conduct.

Account & Service Control · Procedure

Questions about the Program go to WHOOP Support

If you have questions about the Program, the terms direct you to contact WHOOP Support.

Supporting quotations

If you have questions regarding the Program, please contact WHOOP Support.

Not stated here

• This document gives no contact address, form or telephone number for WHOOP Support.