To use the Membership, you must purchase a subscription, pay all applicable subscription fees (“Membership Fees”) when due, and create an account (“Account”). You agree to provide truthful, accurate and complete information and to update and keep your Account information up to date. You may not choose or use as a username the name of another person to impersonate that person, or use as a username a name that is subject to the rights of any person other than you without permission to do so. You are solely responsible for all activities that occur under your Account 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 change in your eligibility to use the Services, any breach of security, or unauthorized use of your Account or password. You may never publish, share, or post the credentials for your Account. You have the option to delete your Account, either directly or by making a request to one of our employees or affiliates. WHOOP shall not be liable for any loss or damage resulting from non-compliance with this section.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third Party Trademarks”). Your use of the Services shall not be construed as granting you, by implication, toleration, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The trademarks of third parties may not be used to disparage third parties, their products or services, or in any way that could damage the goodwill of the trademarks of third parties.
The Services include access to links to, as well as content and data from, third-party websites (“External Services”). These links, content and data are provided solely as an additional benefit to you, do not constitute an endorsement by us of the content of these External Services and may be subject to separate legal conditions between you and the third parties. The content of these External Services is developed and provided by others. In addition, the Services provide access to content posted, stored, or displayed at the direction of users of the Services, for which we have no responsibility or liability.
If you have received a free Membership, WHOOP reserves the right to change or discontinue this free Membership, your account and your access to the Services, temporarily or permanently, at any time with or without notice. Unless modified or discontinued by WHOOP in its sole discretion, your free Membership will remain in place until the end of the applicable free Membership period or until you cancel or upgrade to a paid Membership.
Unless otherwise stated, no Membership Fees will be refunded even if you no longer use the Services. Your Membership begins as soon as you activate your WHOOP Strap or thirty (30) days after your WHOOP Strap is shipped, whichever occurs earlier. In the case of a monthly Membership, you authorize WHOOP to charge your payment method after each one (1) month pre-paid period ends. Subject to our warranty and return policy, you may cancel your monthly membership after six (6) months at the earliest. In the case of a six (6), twelve (12) and eighteen (18) month membership, the initial, non-refundable (subject to the terms in our Warranty and Return Policy below) Membership Fee covers the first six (6), twelve (12) and eighteen (18) months of your membership. The Membership Fee also covers the cost of your WHOOP Strap, and you retain ownership of your WHOOP Strap after you terminate or cancel your Membership and pay the Membership Fee.
If any Membership Fees that are due are outstanding for a period of three (3) days or more, your Account will be placed in an inactive state. In this inactive state, you cannot upload data from your WHOOP Strap. However, you can still access historical data, which is data that was uploaded before your Account was put into the inactive state. After appropriate payment, your Account will be reactivated and you will be able to use the full functionality of Membership and your WHOOP Strap.
In the event of cancellation or termination, all licenses granted to you herein will automatically terminate, your right to use the Services will terminate, and your User Content, as defined below, will no longer be available to you through the Services.
You may receive support and maintenance as described in WHOOP’s FAQs or as provided for in your Subscription.
The Services may include features that enable the submission of your Content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”), as well as hosting, sharing, and/or publishing such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date and complies with all applicable laws, rules and regulations. User Content includes, but is not limited to, any user profile information you submit and make publicly available, all data collected by the WHOOP Strap, including but not limited to statistics and measurements, wellness information and recreational values generated by your use of the Services, as well as any information you submit to “tag” activities recorded through the Services. You acknowledge that WHOOP does not guarantee confidentiality with respect to any User Content that you make available to others.
If you are a copyright owner or an agent thereof and believe that User Content or other content infringes your copyrights, you may file a notice under the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive (and any national laws that enforce it in the UK or EU) 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 holder of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work allegedly infringed or, where multiple copyrighted works on a single website are affected by a single notification, a representative list of those works on that website;
(iii) Identification of the material that is allegedly infringing or is the subject of an infringement and that is to be removed or access to which access is to be blocked, as well as sufficient information to enable the service provider to locate the material;
(iv) Information sufficient to contact you, such as an address, telephone number and, if available, an email address;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) An affidavit that the information in the report is accurate and that you are authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
WHOOP provides you with Services that allow you to track, manage and share your wellness data. The Services and any results or content displayed through the Services, whether provided by WHOOP or third parties, do not constitute medical advice and are not intended to replace (i) the advice of your physician or other medical professionals, or for any diagnosis or treatment, or (ii) a visit, call, or consultation with your physician or other medical professionals. The Services are not intended to diagnose, prevent, observe, treat or alleviate any disease, to diagnose, observe, treat, alleviate or compensate for any injury or disability, to examine, replace or modify the anatomy of a physiological process, to prevent conception, to prevent the basic intended effect in or on the human body by pharmacological, to obtain immunological or metabolic means, even if it is supported in its function by such means, or prescribe treatment, administer medicinal products or perform other tasks that constitute the exercise of medicine or other therapeutic purposes, in any case, whether as a medical device or otherwise, and all content available through the Services is for general information purposes only. The use of the Services or communication with us via the Internet, by e-mail or by other means does not constitute a doctor-patient relationship. If you have any questions about health, please contact your doctor or another medical institution. You should never disregard medical advice or delay seeing a doctor due to content on the Services, and you should not use the Services or Content on the Services to diagnose or treat a health problem. You should always consult a qualified and licensed physician before starting or changing any diet or exercise program. You agree that your sporting activities involve certain inherent and significant risks of bodily injury, death or property damage and that you voluntarily agree to bear all known and unknown risks associated with these activities.
c. Payment Method. The terms of your payment depend on your Payment Method and may be determined by agreements between you and the financial institution, the credit card issuer or another provider of the Payment Method you choose. In the event that we do not receive payment from you through a Payment Processor, you agree to settle all amounts due in your billing account upon request.
d. Recurring Billing. Membership payment terms may consist of an entry period for which there is a one-time fee, followed by recurring fees that you have agreed to. By opting for a recurring payment plan, you acknowledge that these Membership Fees will be paid with an initial and a recurring payment, and you accept responsibility for all recurring fees prior to termination. We may charge periodic fees (e.g., monthly, annually, or every eighteen months, depending on your subscription) without further authorization from you until you provide us with notice (which we acknowledge receipt) that you have terminated this authorization or wish to change your Payment Method. Such notice will not affect the fees incurred before we could reasonably act. To cancel your approval or change your Payment Method, go to the Account settings under https://app.whoop.com.
e. Current Information Required. You must provide current, complete, and accurate information for your billing account. You are required to promptly update all information relating to your billing account so that it is current, complete and accurate (e.g., a change in billing address, credit card number or credit card expiration date), and you must notify us or our Payment Processor immediately if your Payment Method is terminated (e.g., in the event of loss or theft) or if you become aware of a possible security breach, such as unauthorized disclosure or use of your username or password. Changes to this information can be made in the Account settings under https://app.whoop.com. If you do not provide any of the above information, you agree that we may continue to charge you all Subscription fees under your billing account unless you have canceled your Subscription as described above.
g. Reconfirmation of Approval. If you do not cancel or continue to use your Membership, you confirm that we have the right to charge your payment method for that Membership or to ask you to pay these fees. Your payment method may be charged in advance for these fees as described above.
We have taken all reasonable care in providing the Services. However, except as set forth in Section 16 and to the extent permitted by applicable law, the Services and Content are provided on an “as is” and “as available” basis without any express or implied warranties of any kind. We hereby disclaim all implied warranties and representations, including but not limited to the warranties of merchantability, non-infringement, and fitness for a particular purpose.
We, our affiliates, our partners, our and their respective officers, directors, employees, agents, suppliers or licensors make no warranties or representations with respect to the Content (including the User Content) or the Services, including but not limited to accuracy, reliability, completeness, timeliness or reliability.
Neither we nor our affiliates or partners shall be liable for the accuracy, accuracy or completeness of the information transmitted to users through the Services, nor for any errors, errors or omissions therein, or for any delays or interruptions in the flow of data or information, for any reason whatsoever. Further, we do not warrant that the Services will be error-free or that the Services or Content will be free of computer viruses or similar malware. If your use of the Services or Content results in equipment or data needing to be serviced or replaced, we are not responsible for those costs. You agree that you use the Services and Content at your own risk.
Our liability to you for failure to provide the Services with reasonable skill and care shall be limited to the total amount of Membership Fees paid by you, and for any other loss or damage you suffer, whether direct or indirect (including, without limitation, lost profits or damages due to loss of data or business interruption) resulting from the use of or inability to use the WHOOP Strap, battery pack, services and/or contents, whether based on warranty, contract, tort (including negligence) or any other legal ground, our liability is limited to one hundred euros. Cases of product liability and our liability for damage to life and limb remain unaffected by this.
If you have any questions about the Services, please email email@example.com or call +1 (617) 670-1074. Our mailing address is WHOOP, Inc. 1325 Boylston Street, Suite 401, Boston, MA 02215, USA, Attn: Legal Department.
Withdrawal. You have the right to withdraw from the contract for your Membership without giving reasons within fourteen (14) days. The revocation period begins with receipt of the WHOOP Product.
In order to exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g., letter or e-mail). The revocation can be made via:
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of Revocation. In the event of an effective revocation, the Products and Services received by both parties shall be returned and any benefits derived shall be surrendered. In detail, this means that you will be refunded any Membership Dee paid as well as delivery costs within fourteen (14) days after exercising the right of withdrawal. The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed with you. We will not charge you any additional fee for the repayment.
The WHOOP Strap received upon commencement of the Membership must be returned to us at your own expense within fourteen (14) days of the declared revocation. For this purpose, you may request a return label at firstname.lastname@example.org, which will be made available to you immediately. The return costs will be automatically deducted from your refund amount.
We have the right to refuse repayment until we have received the WHOOP Strap back or until you have provided proof that you have returned it, whichever is the earlier.
You only have to pay for any loss of value of the WHOOP Strap if the loss of value is due to handling the WHOOP Strap on your part that was not necessary to check the nature, properties and functioning of the goods.
As soon as a return is requested, the member account belonging to the WHOOP Strap will be deleted and you will no longer be able to access it.
Termination of Membership. In addition to your statutory right of withdrawal, we agree to terminate your Membership within the first thirty (30) days of receipt of the WHOOP Strap. The request to terminate must be provided in writing via e-mail to email@example.com.
You must return the WHOOP Strap to us at your own expense within thirty (30) days of exercising the termination. For this purpose, you may request a return label from firstname.lastname@example.org, which will be made available to you immediately. Any membership fee you have already paid will be refunded to you by us within thirty (30) days of receipt of the WHOOP Product. The return costs will be automatically deducted from your refund amount.
After thirty (30) days, you have the right to cancel your Membership at the end of the relevant subscription period. In this case, you are obliged to return the WHOOP Strap to us after your membership has expired. The return procedure corresponds to the return procedure in the event of a revocation.
The following provisions apply in addition to the warranty rights to which you are entitled by law anyway. WHOOP warrants that your WHOOP Strap will be free from defects in materials or workmanship for a period of one (1) year from receipt of the WHOOP Strap. If your WHOOP Strap is defective during this time, we will replace your WHOOP Strap under the conditions set out below at no additional cost. If you receive a replacement WHOOP Strap, the warranty period does not start all over again. This limited warranty is non-transferable.
You can take advantage of the limited warranty if:
This Limited Warranty does not apply to:
If you would like to take advantage of this limited warranty, please contact us at email@example.com. We will then send you a replacement WHOOP Strap as well as a return label for the defective WHOOP Strap.
If you do not return the defective WHOOP Strap within thirty (30) days of receipt of the return label, WHOOP has the right to charge you the return fee for the non-returned WHOOP Strap.
The WHOOP battery pack is also covered by the limited warranty.
REPLACEMENT OF YOUR WHOOP STRAP FOR OTHER REASONS
If you wish to have your WHOOP Strap replaced without the statutory warranty rights or our limited warranty applying (e.g., in the event of loss of the Strap), you can request this in your account under the menu item “Membership.”
You may request replacement of your WHOOP Strap that is no longer covered by the Limited Warranty or statutory warranty rights (“Replacement Without Warranty”) upon payment of a return fee.
To claim this replacement, you must:
Once we have been able to debit the redemption fee from your account, your replacement WHOOP Strap will be shipped to you.
If necessary, our support team may issue you a credit note for a portion of the time you are unable to use the Services.
This replacement is only possible for the WHOOP Strap. It is not possible to replace a battery pack. However, you have the option to buy a replacement battery pack in the WHOOP store.
For WHOOP support, please email firstname.lastname@example.org.