The WHOOP Membership includes a WHOOP Device and Battery Pack, plus access to the WHOOP app, which provides personalized recovery, sleep, and strain insights, and built-in coaching features. WHOOP offers three Membership options – Monthly, Annual, and 24-Month. Pricing information for each Membership can be found at join.whoop.com.
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
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third Party Trademarks”). Your use of the Services shall not be construed as granting you, by implication, toleration, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The trademarks of third parties may not be used to disparage third parties, their products or services, or in any way that could damage the goodwill of the trademarks of third parties.
The Services include access to links to, as well as content and data from, third-party websites (“External Services”). These links, content and data are provided solely as an additional benefit to you, do not constitute an endorsement by us of the content of these External Services and may be subject to separate legal conditions between you and the third parties. The content of these External Services is developed and provided by others. In addition, the Services provide access to content posted, stored, or displayed at the direction of users of the Services, for which we have no responsibility or liability.
If you have received a free Membership, WHOOP reserves the right to change or discontinue this free Membership, your account and your access to the Services, temporarily or permanently, at any time with or without notice. Unless modified or discontinued by WHOOP in its sole discretion, your free Membership will remain in place until the end of the applicable free Membership period or until you cancel or upgrade to a paid Membership.
Unless otherwise stated, no Membership Fees will be refunded even if you no longer use the Services. Your Membership begins as soon as you activate your WHOOP Device or thirty (30) days after your WHOOP Device 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 12 months at the earliest. In the case of an annual or 24- month membership, the initial, non-refundable (subject to the terms in our Warranty and Return Policy below) Membership Fee covers the first 12 or 24 months of your membership, respectively. The Membership Fee also covers the cost of your WHOOP Device, and you retain ownership of your WHOOP Device 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 Device. 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 Device.
In the event of cancellation or termination, all licenses granted to you herein will automatically terminate, your right to use the Services will terminate, and your User Content, as defined below, will no longer be available to you through the Services.
You may receive support and maintenance as described in WHOOP’s FAQs or as provided for in your Subscription.
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 Device, including but not limited to statistics and measurements, wellness information and recreational values generated by your use of the Services, as well as any information you submit to “tag” activities recorded through the Services. You acknowledge that WHOOP does not guarantee confidentiality with respect to any User Content that you make available to others.
If you are a copyright owner or an agent thereof and believe that User Content or other content infringes your copyrights, you may file a notice under the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive (and any national laws that enforce it in the UK or EU) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work allegedly infringed or, where multiple copyrighted works on a single website are affected by a single notification, a representative list of those works on that website;
(iii) Identification of the material that is allegedly infringing or is the subject of an infringement and that is to be removed or access to which access is to be blocked, as well as sufficient information to enable the service provider to locate the material;
(iv) Information sufficient to contact you, such as an address, telephone number and, if available, an email address;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) An affidavit that the information in the report is accurate and that you are authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
7. NO MEDICAL ADVICE
WHOOP PROVIDES THE SERVICES FOR YOU TO TRACK, MANAGE, AND SHARE YOUR WELLNESS-RELATED INFORMATION. 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 ANY DIAGNOSIS OR TREATMENT OR (II) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS. THE SERVICES DO NOT AND ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES, OR COMMUNICATION WITH US VIA THE INTERNET, E-MAIL OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. IF YOU HAVE ANY HEALTH-RELATED 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, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. 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 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.
8. FITNESS RELATED CONTENT
The Content 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 that may appear to be personalized) may not be appropriate for you. WHOOP is not responsible for any results that may or may not be obtained from the use of the Service.
9. PAYMENT OF FEES
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 or annually 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 cancelled your Subscription as described above.
g. Reconfirmation of Approval. If you do not cancel or continue to use your Membership, you confirm that we have the right to charge your payment method for that Membership or to ask you to pay these fees. Your payment method may be charged in advance for these fees as described above.
10. 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.
11. 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 Device, 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.
12. CHANGES TO SERVICES
- 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 about the Services, please contact support.whoop.com or call +1 (617) 670-1074 . Our mailing address is WHOOP, Inc. One Kenmore Square #601 Boston, MA 02215, USA, Attn: Legal Department.
15. 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 email@example.com
- Phone at +1 (617) 670-1074
- Mail to WHOOP, Inc. One Kenmore Square #601 Boston, MA 02215, 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 Device received upon commencement of the Membership must be returned to us at your own expense within fourteen (14) days of the declared revocation. For this purpose, you may request a return label at firstname.lastname@example.org, which will be made available to you immediately. The return costs will be automatically deducted from your refund amount.
We have the right to refuse repayment until we have received the WHOOP Device 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 Device if the loss of value is due to handling the WHOOP Device 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 Device 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 Device. The request to terminate must be provided in writing via e-mail to email@example.com.
You must return the WHOOP Device to us at your own expense within thirty (30) days of exercising the termination. For this purpose, you may request a return label from firstname.lastname@example.org, which will be made available to you immediately. Any membership fee you have already paid will be refunded to you by us within thirty (30) days of receipt of the WHOOP Product. The return costs will be automatically deducted from your refund amount.
After thirty (30) days, you have the right to cancel your Membership at the end of the relevant subscription period. In this case, you are obliged to return the WHOOP Device to us after your membership has expired. The return procedure corresponds to the return procedure in the event of a revocation.
16. LIFETIME WARRANTY
WHOOP warrants that your WHOOP Device and Battery Pack are 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 or Battery Pack 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 or Battery Pack 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 should a Restocking Fee of the equivalent of $50 USD in your local billing currency be charged (as WHOOP is currently unable to process Payment Methods over the telephone); and
- Have purchased the device directly from WHOOP or WHOOP-approved partners.
This Lifetime Warranty does not apply to:
- Lost or stolen WHOOP Device(s) and Battery Pack(s);
- Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or 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 or Battery Pack;
- Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the WHOOP Device or WHOOP Battery Pack; or
- Any alteration of the factory model name and/or serial number.
This Lifetime Warranty provides for 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.
For WHOOP Support, please contact support.whoop.com or call 1-833-948-0566.
REPLACEMENT OF YOUR WHOOP DEVICE FOR OTHER REASONS If you wish to have your WHOOP Device replaced without the statutory warranty rights or our limited warranty applying (e.g., in the event of loss of the Device), you can request this in your account under the menu item “Membership.”
You may request replacement of your WHOOP Device 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 Device 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 Device. 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 contact support.whoop.com or call 1-833-948-0566.
17. WHOOP TRIALS
WHOOP currently offers a free one-month trial period to all end users (a “Free Trial”) to allow the end user to try the WHOOP Device, Battery Pack and Services before committing to one of the three WHOOP Membership options described in Section 2. This Section 17 sets forth additional legally binding terms and conditions that govern a Free Trial.
a. Registration. Members who select a Free Trial will be able to use a WHOOP Device and Battery Pack and associated access to the Services during the Free Trial period. The WHOOP Device and Battery Pack included in a Free Trial may be either a new or pre-owned WHOOP Device and/or Battery Pack at the sole discretion of WHOOP. Any pre-owned WHOOP Device or Battery Pack 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.
b. Membership Commitment. All Free Trials will come with an associated 12-month membership, which shall automatically begin at the end of the WHOOP Trial period unless the end user cancels their WHOOP Trial and returns their WHOOP Device and Battery Pack in accordance with Section 17(c) below. The member will be billed an upfront fee of the equivalent of a 12-month Membership at the end of the Free Trial for a 12-month Membership. Memberships will be subject to the autorenewal terms provided in Section 9(f) herein.
c. Cancellation and Returns. Members may cancel their Free Trial and return the WHOOP Device and Battery Pack at any time during the Free Trial period. Members who cancel their Free Trial during the Free Trial period must return their WHOOP Device and Battery Pack within 21 days of cancellation (the “Return Period”). Members who return their WHOOP Devices during the Return Period will not be subject to any further fees or financial commitment to WHOOP. For Free Trials, we will notify you 14 days prior to, 7 days prior to, and day of the end of your Free Trial.
d. Eligibility. Free Trials are available to all new end users in the European Union.
Free Trials are subject to all other applicable terms and conditions set forth herein.