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Terms of Use

LAST UPDATED: 2/24/2022

WHOOP TERMS OF USE

Please read the following Terms of Use (“Terms of Use”) carefully before using the Services (as defined below) offered by WHOOP Inc. (“us”, “we”, “our” or “WHOOP”). These Terms of Use set out the legally binding terms and conditions for your use of the WHOOP Software embedded in the WHOOP Strap, the WHOOP Subscription Service(s) used in connection with the WHOOP Strap(s) (“Subscription” or “Membership”), and the services, features, content, websites (or other linked sites) or applications offered from time to time by WHOOP in connection therewith (collectively, “Service(s)”). These Terms of Use contain important information about the Services provided to you and the fees and amounts we charge you. These Terms of Use contain information about future changes to these Terms of Use and automatic renewals.

By accessing and using the Services in any way, you acknowledge that you have read these Terms of Use and the WHOOP Privacy Policy (the “Privacy Policy”) and agree to be bound by the Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Services.

Although these Terms of Use are important in their entirety, you should pay particular attention to: (a) when we may terminate these Terms of Use, how your Membership will automatically renew and your associated payment obligations (see Sections 4 and 8); (b) the fact that we do not provide medical advice (see Section 7); (c) the disclaimers in Section 9; and (d) our liability to you (see Section 10).

 

1. INTRODUCTION

The Services allow you to track, manage and share the data collected by the WHOOP Strap in connection with wellness. The Services are provided to you by WHOOP in conjunction with our partners, service providers, sponsors or other affiliates. In order for us to manage our website and mobile applications safely and responsibly for all our users, your use of the Services is subject to these Terms of Use. WHOOP may change these Terms of Use, the Content (as defined below) and/or the Services at any time, and such change will be effective upon posting of the changes on the Services and your notice thereof. By continuing to access or use the Services after such change, you agree to be bound by the amended Terms of Use, Content and/or Services, as applicable. In the event of a change to these Terms of Use, you may terminate these Terms of Use within two (2) weeks of the change becoming effective by notifying us in accordance with Section 13 and we will refund you a pro rata refund of the Membership Fee (as defined below) you have paid in advance for the period during which you use the Services as a result of having not made use of such termination. Whether you have purchased a Membership or obtained a Membership from a third party, these Terms of Use apply to your use of the Services in connection with a Membership.

 

2. REGISTRATION

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.

 

3. USE OF THE SERVICES

WHOOP’s software, text, graphics, images, videos, audio files, data and other material are made available to you through the Services (collectively, the “Content”). Subject to these Terms of Use and your Membership, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., download and display locally) the Content and software and applications made available through the Services, and (ii) use the WHOOP Software embedded in the WHOOP Strap (the “WHOOP Strap”), in each case exclusively for the purpose of using the services. The use, duplication, modification, distribution or storage of content for purposes other than the use of the Services is expressly prohibited without our prior written consent. You may not sell, license, rent, or otherwise use or exploit Content for commercial purposes or in a manner that infringes the rights of any third party. The Content may be our property or provided through an agreement with others, including other users of the Services or our partners, sponsors or affiliates. The Content is protected by intellectual property rights, including copyright under both U.S. and other laws. Unauthorized use of the content may violate copyright, trademark and other laws. Except for your rights to User Content (as defined below), you have no rights to the Content and you may only use the Content as permitted in these Terms of Use. Any other use is only permitted with the prior written consent of us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on each copy you make of the Content. You may not sell, transmit, allocate, license, sublicense or modify any Content or reproduce, display, publicly perform, create a derivative version thereof, distribute or otherwise use content for public or commercial purposes. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Services will automatically expire 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 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.

The Services are for personal use only and may not be used in connection with commercial ventures unless expressly authorized by WHOOP. 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 emails or other communications; (ii) any use of the Services that, in our sole discretion, affects the reliability, speed or operation of the Services or the underlying hardware or software; (iii) the use of WHOOP web scraping, web harvesting or web data extraction methods, even if the account holder has given his/her consent; and (iv) any use of the Services that is unlawful or in violation of these Terms of Use

4. Notice

Subject to our other rights and remedies, WHOOP shall have the right to (i) terminate your Membership at any time in the event of a breach of the provisions of these Terms of Use, and (ii) terminate the Services at any time in its sole discretion. Unless you breach these Terms of Use, we will refund you pro rata for the Membership Fees you have prepaid for the period during which you are unable to use the cancelled Services as a result of the termination.

You must maintain an active Membership in order to continue using the Services. Your Membership may be renewed for additional periods according to the Membership purchased. These Terms of Use also apply to extended Membership.

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.

5. SUPPORT

You may receive support and maintenance as described in WHOOP’s FAQs or as provided for in your Subscription.

 

6. USER CONTENT

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.

You are solely responsible for any User Content that you submit or permit to be collected, as well as for the consequences of posting such User Content. In connection with the User Content you submit, you represent, represent and warrant that: (i) you own or may have the necessary licenses, rights, consents and permissions to use all patents, trademarks, trade secrets, copyrights or other proprietary rights in all User Content to permit the inclusion and use of the User Content in the Services and these Terms of Use. enable and authorize us to use it; and (ii) you have the express, informed and unambiguous consent, release and/or permission of each and every identifiable person in the User Content to use the name or likeness of each individual identifiable person to authorize the inclusion and use of the User Content in the Services and these Terms of Use in the manner contemplated. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to edit, modify, shorten, summarize, use, reproduce, distribute, create derivative works, display, perform, publish, and otherwise commercially exploit the non-personal User Content, in whole or in part, in connection with our provision of the Services and our business (and that of our successors), including but not limited to promoting and redistributing any part or all of the Services (and derivative works thereof) in any media format and through any media channel and sharing the User Content on social media platforms (i.e., posting User Content on Twitter, or Facebook, if this is activated in the sharing settings of your account) with our business partners and licensees for information and analysis purposes. Insofar as User Content contains personal data (within the meaning of the EU General Data Protection Regulation), the above license is subject to our Privacy Policy. We may retain copies of User Content for backup, security or maintenance purposes or as required by law.

In connection with User Content, you also agree not to: (i) transmit material that is copyrighted, protected as a trade secret, or otherwise subject to the proprietary rights of third parties, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to publish the material and all of us herein. grant granted license rights; (ii) publish falsehoods or misrepresentations that could harm us or any third party; (iii) post any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that is considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (iv) publish advertisements or business calls; or (v) impersonate another person. We do not endorse any User Content or any opinions, recommendations or advice expressed therein and expressly disclaim any liability in connection with User Content. We do not permit any copyright-infringing activities or infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if we are properly notified that such Content or User Content infringes the intellectual property rights of another. We may remove all Content and User Content without notice. We may also suspend your access to the Services if you are found to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or who has had User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and consistent with these Terms of Use if it is infringement other than copyright infringement and intellectual property infringement, such as pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access to upload such material that violates these Terms of Use at any time, without prior notice and in our sole discretion.

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.

Our designated copyright agent who receives notices of alleged infringement and other communications regarding User Content and/or violations of these Terms of Use (e.g., violations of criminal laws) is: General Counsel, WHOOP, Inc. 1325 Boylston Street, Suite 401, Boston, MA 02215, USA; legalnotices@whoop.com . Only notices pursuant to this Section 7 and notices relating to complaints related to User Content or violations of these Terms of Use should be addressed to the Copyright Agent. All other feedback, comments, requests for technical assistance and other communications should be addressed to the address in Section 13.

 

7. NO MEDICAL ADVICE

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.

 

8. PAYMENT OF FEES

a. You agree to pay the Membership Fees as described in these Terms of Use and during the purchase and payment process (including the contribution fee). Any terms of payment presented to you when you apply for Membership shall be deemed to be part of and incorporated into these Terms of Use by reference.

b. Billing.
We may collect payments from you directly or we may use a third party payment processor (“Payment Processor”) to bill you for your Membership through a payment account linked to your account on the Services (your “Billing Account”). In addition to these Terms of Use, the processing of payments by a Payment Processor is subject to the terms and conditions and privacy policy of the respective payment processor. We are not responsible for any errors made 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 fees at the then-current prices and in accordance with the applicable payment terms, and you authorize us to use a Payment Processor of your chosen payment account (your “Payment Method”) to be charged. You agree to make the payment using the payment method you have chosen. We reserve the right to correct any errors or errors made by us or any Payment Processor, even if we or a Payment Processor have already requested or received a payment.

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.

f. Automatic Renewal. Membership is automatically renewed for consecutive monthly renewal periods if you have purchased a monthly Membership, or for consecutive twelve (12) month periods if you have purchased a twelve (12) or eighteen (18) month Membership at the then-valid non-promotional rate. In the case of a twelve (12) or eighteen (18) month Membership, we will notify you by email at least thirty (30) days prior to the automatic renewal effective. To change or cancel your Membership, go to the Account settings under https://app.whoop.com. If you cancel your Membership, you will be able to continue to use it until the end of the current term, and your Membership will not be renewed after the end of the current term. However, you are not entitled to a pro rata refund of the Membership Fee paid for the current term. If you no longer wish to pay recurring fees, you must cancel or cancel your Membership before the end of the current term. Your Membership cannot be terminated with effect from before the end of the period for which you have already paid, and WHOOP will not refund you any amounts already paid, except as expressly provided in these Terms of Use.

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.

9. DISCLAIMER OF WARRANTY

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.

 

10. LIMITATION OF LIABILITY

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.

 

11. CHANGES TO SERVICES

The Services may change over time. We may suspend or discontinue portions of the Services, introduce new features, restrict certain features, or restrict access to parts or all of the Services. We will attempt to notify you if we make a material change to the Services to the extent possible and reasonable. Likewise, we reserve the right to remove Content or User Content from the Services at any time, for any reason (including but not limited to the event that someone claims that you have provided Content or User Content in violation of these Terms of Use ), in our sole discretion and without notice.

 

12. GENERAL

a. Assignment. These Terms of Use and all rights and licenses granted herein may not be transferred or granted by you, but may be granted by us without restriction, provided that we ensure that such assignment does not affect your rights under these Terms of Use.

b. Governing Law, Place of Jurisdiction. These Terms of Use and any dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with German law, and you may take legal action with respect to the Services or these Terms of Use in German courts. If you reside outside of Germany, you may also take legal action in relation to the Products or these Terms of Sale in the Member State of the EU in which you reside.

c. Severability. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. It corresponds to the express intention of the parties that this provision is not to be interpreted as a mere reversal of the burden of proof, but as a contractual waiver of ยง 139 BGB in its entirety.

d. Sales Channels of Third Parties. WHOOP offers software applications that can be made available through the Apple App Store, the Google Play Store or other distribution channels (“Sales Channels”). If you obtain such software through a Sales Channel, you may be subject to additional terms and conditions of the Sales Channel. These Terms of Use apply only between you and us and not with the Sales Channel. To the extent that you use other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of the Terms of Use for those third-party products and services.

Software made available to you for use in connection with an Apple Product (such software, “Apple-Enabled Software”) is subject to the following terms in addition to the other terms set forth in these Terms of Use:

  • WHOOP and you acknowledge that these Terms of Use are entered into only between WHOOP and you and not with Apple Inc. (“Apple”) and that between WHOOP and Apple, the sole responsibility for the Apple-enabled Software and its content lies with WHOOP, and not Apple.
  • You may not use the Apple-Enabled Software in a manner that violates, is inconsistent with, or otherwise conflict with, the Apple-Enabled Software Usage Rules in 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 App Store Terms of Service.
  • Apple is under no obligation to provide maintenance or support services with respect to the Apple-enabled Software.
  • Apple is not responsible for any product warranties, express or implied. If the Apple-enabled software does not comply with the applicable warranty, you may notify Apple and Apple will refund you the purchase price of the Apple-enabled software if possible. And, to the extent permitted by applicable law, Apple has no other warranty obligations with respect to the Apple-enabled Software or any other claims, losses, liabilities, damages, costs or expenses arising out of non-compliance with any warranty that are the sole responsibility of WHOOP, except to the extent permitted by applicable law.
  • WHOOP and you acknowledge that WHOOP, and not Apple, is responsible for addressing any claims by you or any third party with respect to the Apple-Enabled Software or your possession and/or use of such Apple-enabled Software, including but not limited to: (i) product liability claims; (ii) claims that the Apple-enabled Software does not comply with applicable legal or regulatory requirements; and (iii) claims arising from consumer protection or similar laws.
  • In the event that a third party alleges that the Apple-Enabled Software or the End User’s possession and use of the Apple-Enabled Software infringes the intellectual property rights of that third party, WHOOP alone, and not Apple, shall be solely responsible in the relationship between WHOOP and Apple, and not Apple, for investigating, defending, settling, and terminating 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 country that “supports terrorists,” and (ii) you are not on a U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims regarding the Apple-enabled Software, they should be directed to WHOOP at the email address, telephone number, or mailing address set forth in Section 13 of these Terms of Use.

WHOOP and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software and that Apple, upon your acceptance of the terms of these Terms of Use, has the right (and that such right is deemed accepted) to enforce these Terms of Use against you as a third-party beneficiary with respect to the Apple-enabled Software.

13. CONTACT

If you have any questions about the Services, please email support@whoop.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.

 

14. RIGHT OF WITHDRAWAL AND TERMINATION OF MEMBERSHIP

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:

  • E-mail at legalnotices@whoop.com
  • Phone at +1 (617) 670-1074
  • Mail to WHOOP, Inc. 1325 Boylston Street, Suite 401, Boston, MA 02215, USA, Attn: Legal Department.

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 support@whoop.com, 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 support@whoop.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 support@whoop.com, 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.

 

15. limited warranty

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:

  • You are an active member of WHOOP and are not in arrears.
  • The WHOOP Strap was linked to the account in question from the beginning. have a valid payment method on file if a return fee is charged

This Limited Warranty does not apply to:

  • Lost or stolen WHOOP Straps
  • Damage or malfunction caused by improper use on your part.
  • Damage or malfunction due to force majeure
  • Damage or malfunction caused by a transfer of use to third parties
  • Purely optical damage that does not impair the functionality of the WHOOP Strap
  • Improper repair attempts
  • Changes to the model name and/or serial number

If you would like to take advantage of this limited warranty, please contact us at support@whoop.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:

  • is an active member of WHOOP and must not be in arrears.
  • have deposited a valid payment method

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 support@whoop.com.