WHOOP, INC
Terms of Use

WHOOP TERMS OF USE

These terms of use cover important information about services provided to you, charges and amounts we bill you, future changes to these terms, and automatic renewals. Please read them carefully.

Who we are and how this Agreement applies to you

Whoop Inc., with a principal place of business at One Kenmore Square, Boston, MA 02215, USA (“us”, “we”, “our” or “WHOOP”), makes certain services, features, content, websites (or other linked pages) or applications available to you, from time to time, (collectively with the WHOOP device and charger or power pack (“WHOOP Device”), the “Service(s)”).

Please read the following terms of use (“Agreement”) carefully before using the Services (as defined below) offered by WHOOP. 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”), and
the Services.

Whether you purchased a Membership 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).

“You” and “your” refer to the person accessing or using the Services, or 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.

By accessing and using the Service 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. 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, you may terminate this Agreement and request a pro-rated refund of Membership Fees by contacting support@whoop.com within 30 days of the posting of such material change (otherwise you waive your ability to seek a refund). By continuing to access or use the Services after such modification, you are agreeing to be legally bound by the modified Agreement.

Your personal data

Details of how we collect and use your personal data are set out in the WHOOP Privacy Policy (whoop.com/privacy).

1. INTRODUCTION

The WHOOP Membership includes a WHOOP Device plus access to the Services, including the WHOOP app. The Services 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.

WHOOP offers multiple Membership options (e.g. Monthly, Annual, and 24-Month). Currently available Membership options and pricing information for each Membership can be found at join.whoop.com.

2. REGISTRATION

You must pay a subscription fee and open an account to obtain a Membership.

In order to use a Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) as and when due, and create an account (“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 keep your account details safe

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 Section 9 of the WHOOP Privacy Policy for further instructions.

3. ELIGIBILITY

Who can set up an Account

You represent and warrant that you are at least 13 years of age or as mandated by the law of your local jurisdiction, 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, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

In some countries, we may set a higher age limit, such as 18 years of age, to set up an Account.

You are not permitted to access the Services where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

4. USE OF THE SERVICES

Your use of the Services is subject to important license terms

WHOOP software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). The Content 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.

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 (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the WHOOP software embedded within the WHOOP Device, in each case solely for your personal use of the Services.

You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, make a derivative version of, or distribute the Content except with our prior written permission.

You shall not use, copy, display, or store the Content for any purpose other than as expressly permitted in this Agreement or with our prior written permission. You shall not use, copy, display, or store the Content or otherwise exploit any Content in any way that violates any third-party right.

The Content 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 Content is protected by intellectual property rights, including, for example, patent, trade mark, copyright, and database rights. Unauthorized use of the Content 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 other than the limited right to use as set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content.

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.

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 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.

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.

Links to external third-party sites

The Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability. The Services also include access to, links to, and content, recommendations, and data from third-party websites, products and services (“External Services”). 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. The content, recommendations, and data of such External Services are developed and provided by others.

Actions you are specifically prohibited from taking

The following activities are expressly prohibited: (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; (iv) reverse engineering the Services or any underlying software, except to the extent this restriction is prohibited by applicable law, (v) any use of the Services which is unlawful or in violation of this Agreement, (vi) any use of the WHOOP Device for purposes other than the Services.

Necessary Equipment

Use of your Membership is 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. Please check with your internet provider for information on possible internet data usage charges.

5. MEMBERSHIP

You must have an active Membership in place to use the Services

You must maintain a Membership to continue using the Services. If you do not maintain a Membership and pay all Membership Fees when due, this Agreement shall terminate.

How you activate and pay for your Membership

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 for a purchase made by you, or sixty (60) days after delivery of your WHOOP Device for a gift given to you. Activation of trial memberships is described in Section 7. If you purchased Services from an Authorized Reseller, your Membership will begin on the day you connect your WHOOP Device.

How your Membership subscription works

Recurring Billing. Your Membership will auto-renew unless you cancel before the renewal date. The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. The specific payment terms of your Membership are provided to you as part of your initial signup process and are incorporated into this Agreement.

By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial payment (“Initial Membership Fee”) (unless you sign up for a Free Trial as described in Section 7 below) and recurring payment feature. You authorize WHOOP to charge your credit card (or other payment form) for the Membership Fee and at the beginning of each subsequent billing 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.

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.

Reaffirmation of Authorization. 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 when you initially selected to purchase the Membership.

Changes to the Price and Membership Plans. We may change the Memberships and Membership Fees from time to time. 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.

Non-payment. 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 will, 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.

6. CANCELATION OR TERMINATION

Cancelation or termination of your Membership

If you have a monthly Membership, you may cancel your monthly Membership at any time, but your cancelation will only be effective as of the end of your initial commitment period of twelve (12) months (or thereafter the end of the currently paid month).

To change or cancel your Membership, go to Account settings at https://app.whoop.com. If you cancel your Membership during the middle of our 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.

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 User 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 Section [x] of the WHOOP Privacy Policy. https://privacy.whoop.com/policies/en-US/.

We can terminate your access to the Services

Unless otherwise prohibited by law, and without prejudice to our other rights or remedies, WHOOP shall have the right to immediately terminate your access to any or all of the Services if you breach any of the terms of this Agreement.

7. WHOOP TRIALS

How our trial services work

WHOOP currently offers a free one-month trial period to end users in select countries (a “Free Trial” or “WHOOP Trial”) to allow the end user to try the 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.

Free Trials. If you who select a Free Trial, you will be able to use a WHOOP Device and associated access to the 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.

Membership Commitment. Your Free Trial will come with an associated 12-month membership, which shall automatically begin at the end of the WHOOP Trial period unless you cancel your WHOOP Trial and return your WHOOP Device in accordance with this Section 7. Note that you bear the cost of return shipping if you decide to cancel your WHOOP Trial. If you do not cancel your WHOOP Trial, you will be billed an upfront fee of the equivalent of a 12-month Membership at the end of the WHOOP Trial for a 12-month Membership. Memberships will be subject to the autorenewal terms provided in this Agreement.

Cancellation and Returns. You may cancel your WHOOP Trial and return the WHOOP Device at any time during the WHOOP Trial period. 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”). As long as you return your WHOOP Device during the Return Period, you will not be subject to any further membership fees to WHOOP. We do, however, reserve the right to charge for any shipping costs associated with a return. If you cancel your WHOOP Trial but do not return your WHOOP Device, you will be charged a restocking fee of $129.

Eligibility. Free Trials are available to all 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.

8. PAYMENT OF FEES

The fees you need to pay to access the WHOOP Services and how we collect payment

Fees. You agree to pay the Membership Fees as described in this Agreement and during the purchase and payment process, including without limitation the non-refundable Initial Membership Fee (as described above). Any payment terms presented to you in the process of obtaining your Membership are deemed part of this Agreement and are incorporated into this Agreement by reference. Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services.

Billing. We may collect payments from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Membership. 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. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. 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.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. 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.

Current Information Required. You must provide current, complete and accurate information for your billing account. 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 or our payment processor 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. Changes to such information can be made at account settings at https://app.whoop.com. If you fail to provide any of the information described above, you agree that we may continue charging you for any Membership Fees under your billing account unless you have terminated your Membership in accordance with this Agreement. SUCH TERMINATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

9. NO MEDICAL ADVICE

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

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.

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.

Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. 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.

The Services and the WHOOP Device are not a medical device except for Heart Screener feature(s) (not available in all countries, see feature information for detailed indications for use). Except for Heart Screener feature(s), the Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate disease, diagnose, monitor, treat, alleviate or compensate for an injury or handicap, investigate, replace or modify the anatomy of a physiological process, control conception, or achieve its principle intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means. 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.

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 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.

Skin Sensitivities

Some people may experience skin reactions, including contact dermatitis, from contact with wearable devices. This may be due to prolonged contact, allergies or other sensitivities, environmental factors such as humidity, extended exposure to irritants such as soap, sweat, residual sanitizer, or other contaminants caught under the sensor, or other causes.

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.

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.

10. FITNESS-RELATED CONTENT

The Content, including AI Technology, available through the Services may include training recommendations, and other media to help you meet your health, fitness, and wellness goals. 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.

11. AI TECHNOLOGY

AI technology needs to be used with care

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”).

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; (ii) AI Technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (iv) AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (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; and (viii) AI Technology-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

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.

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.

12. CHANGES TO SERVICES

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.

If we make any changes that do not fall into the above categories and those changes are material, you can cancel your Membership and receive a pro-rated refund for any Membership paid for in advance 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.

13. USER CONTENT

Your user content and the rights you give us to use that content

The Services may include functionality to permit you to submit content to the Services in accordance with your Account settings, for example by completing surveys or journal information or through community postings, (“User Content”) and the hosting, sharing, and/or publishing of such User Content. User Content includes, without limitation, any of your user data, profile information, or information you enter manually (such as chat and postings), in each case that you submit to make available to others.

You understand that WHOOP does not guarantee any confidentiality with respect to User Content that you submit and make available to others.

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content through the Services. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (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 User Content to enable inclusion and use of the User 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 the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.

By submitting or uploading your User Content to us, you grant to us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to:

Reproduce, host, distribute, and display your User Content so that it is accessible on the Services including to other users of the Services;
Edit, modify, aggregate, and prepare derivative works of, your User Content;
Share your User Content with social media platforms (i.e., posting User Content to X, Facebook, Instagram or TikTok if enabled in your Account’s sharing settings);
Promote and advertise the Services with your User Content; and
Improve our Services through the use of your User Content.

If you wish to remove your User Content and terminate our license to your User Content, please contact privacy@whoop.com.

To the extent User 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 so use and share such data. You also hereby grant each user of the Services a non-exclusive license to access your User 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 such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

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 User 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 information by that Managing Entity.

In connection with User 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, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, 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 of business; or (v) impersonate another person. We do not endorse 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. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights. We may remove any User Content without prior notice. We may also terminate your access to the Services if you are determined to be a repeat infringer or serious first-time infringer in our sole discretion. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, in our sole discretion. If we determine, in our sole discretion, that User Content associated with you or your account is in violation of this Agreement or is otherwise inappropriate, we may remove such User Content, terminate your access for uploading such User Content, and/or terminate your access to the Services at any time, without prior notice.

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 (see 17 U.S.C 512(c)(3) for further detail or as otherwise required by the laws in your country):

(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.

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 User 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 19.

Our rights to remove User Content

If we remove or restrict access to any of your User Content, we will notify you, unless it is not appropriate for us to do this (for example, if we are legally prevented from doing so). We will also provide you with the reasons for our decision.

If you think we have made a mistake in removing or restricting access to your User 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.

Feedback

In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. 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.

14. WHOOP LIFETIME WARRANTY AND RETURN POLICY

You have 30 days to change your mind about your Membership. After 30 days you can still cancel your Membership, but you will not be entitled to a refund unless we have failed to provide you with the WHOOP Device and Services.

Our Thirty (30) Day Return Policy. 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 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” section below.

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.

Standard Procedure. To request a return, 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. To cancel your Membership within the thirty (30) days of receipt of the WHOOP Device in order to receive your refund, you must return the WHOOP Device in the manner described above. If you do not return the WHOOP Device within that 30-day period, you will not receive a refund of the Initial Membership Fee.

Outside the standard return period. 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.

Once a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned.

Lifetime Warranty. WHOOP warrants that your WHOOP Device 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 “Lifetime Warranty”).

If your WHOOP Device is defective during the Warranty Period, WHOOP will provide the necessary 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 Lifetime Warranty. This Lifetime Warranty is non-transferable. To be eligible for the Lifetime 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 WHOOP-approved partners.

This Lifetime Warranty Does Not Cover any of the Following:

Lost WHOOP Devices(s) or chargers or power pack(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 unauthorized modification to the WHOOP Device;
Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the WHOOP Device; or
Any alteration of the factory model name and/or serial number.

This Lifetime 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 Lifetime Warranty.

This Lifetime 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 Lifetime Warranty shall affect your statutory consumer rights.

15. DISCLAIMER OF WARRANTY

As a consumer, you have certain rights under law and nothing in this Agreement can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.

Except as stated in Section 14 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.

To the fullest extent permitted by law, we, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, 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).

To the fullest extent permitted by law, neither we nor our affiliates or partners shall 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, we 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.

While we endeavor to provide high quality support services to our member community, WHOOP disclaims any representations or warranties regarding the level or availability of support services.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WHOOP DEVICE, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In some countries, 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 some countries, this includes 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. 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 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.

17. INDEMNITY

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 User 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, or (iv) your violation of law. You agree to cooperate with any reasonable requests assisting our defense of such matter.

18. GENERAL

Other important legal terms you need to be aware of

Dispute Resolution.

PLEASE READ THE FOLLOWING SECTION CAREFULLY 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 can decline this agreement to arbitrate by contacting legalnotices@whoop.com within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.

UNLESS PROHIBITED BY THE LAWS OF YOUR LOCAL JURISDICTION, YOU AND WHOOP AGREE TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES RELATED TO THESE TERMS OR THE WHOOP DEVICES OR SERVICES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF THE WHOOP DEVICE OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, UNLESS PROHIBITED BY APPLICABLE LAW.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying arbitration fees, and will determine the number of arbitrators (one or a panel of three) and method of selection (subject to your approval, not to be unreasonably withheld).

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WHOOP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Either you or WHOOP may assert claims, if they qualify, in small claims court in Boston, Massachusetts or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the WHOOP products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and WHOOP agree that any judicial proceeding (other than small claims actions) will be brought in the venue agreed below.

Governing Law; Venue. This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, USA, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If you are resident in the EEA, Switzerland or the UK, the law and courts of the jurisdiction where you are a resident will govern.

Limitation on Claims. 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.

Assignment. This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us if such transfer or assignment does not materially affect your rights under this Agreement (other than the change of counterparty). This Agreement will inure to the benefit of our successors and permitted assigns.

Severability. 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.

Non-Waiver. 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.

Entire Agreement. 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.

Survival. 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, and General (including Dispute Resolution).

Third Party Distribution Channels. 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.

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:

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.
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.
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; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the sole responsibility of WHOOP, to the extent it cannot be disclaimed under applicable law.
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.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between WHOOP and Apple, WHOOP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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.
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 19 of this Agreement.

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.

19. CONTACT

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.

20. UPGRADE POLICY

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.

Membership Extension

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 term of your Membership is completed, you will begin the duration of the Membership you purchased as part of your upgrade.

Upgrade Fee

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. Note that this may mean that the new term of your remaining 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. When your current Membership expires, you will need to purchase a new Membership at the tier you select.

Continuing Support

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 discration. 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.

Renewal Prices

Note that renewal prices for any tier of Membership may increase in future at the discretion of WHOOP.

WHOOP, INCTerms of Use

WHOOP, INC
Terms of Use