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| 0 | WHOOP, INC Terms of Use WHOOP TERMS OF USE Last Updated: April 13, 2026 This terms of use agreement covers important information about services provided to you, charges and amounts we bill you, future changes to this agreement, and automatic renewals. | 0 | Terms of Use | WHOOP Application error: a client-side exception has occurred while loading www.whoop.com (see the browser console for more information). |
| 1 | Please read them carefully before using the Services. | 1 | We use cookies By clicking “Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. |
| 2 | PLEASE BE AWARE THAT SECTION 22 BELOW CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND WHOOP. | 2 | Customize Decline Accept Privacy Center By clicking 'Accept', you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. |
| 3 | AMONG OTHER THINGS, SECTION 22 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. | 3 | Accept All Manage cookie preferences Strictly Necessary Cookies Always active These cookies are necessary for the website to function and cannot be switched off in our systems. |
| 4 | SECTION 22 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. | 4 | They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. |
| 5 | PLEASE READ SECTION 22 CAREFULLY. | 5 | You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. |
| 6 | UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. | 6 | These cookies do not store any personally identifiable information. |
| 7 | If you are a user in the European Economic Area (“ EEA “), or any other country that does not allow such Arbitration Agreement, Section 22 below does not apply to you. | 7 | Functional Cookies Functional Cookies These cookies enable the website to provide enhanced functionality and personalization. |
| 8 | 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 products, services, features, and content available through WHOOP’s website, www.whoop.com and its subdomains (“ WHOOP Site ”) and mobile and desktop applications (“ WHOOP App ”) made available to you, from time to time, (collectively with the WHOOP device, band, and charger or PowerPack (“ WHOOP Device ”), WHOOP Site, and WHOOP App, the “ Service(s) ”). | 8 | They may be set by us or by third party providers whose services we have added to our pages. |
| 9 | Please read this Terms of Use Agreement (“ Agreement ”) carefully before using the Services offered by WHOOP. | 9 | If you do not allow these cookies then some or all of these services may not function properly. |
| 10 | 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 ”), Subscriptions and access to, and use of, WHOOP Advance Lab Services, and other Services. | 10 | Performance Cookies Performance Cookies These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. |
| 11 | If you purchased 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. | 11 | They help us to know which pages are the most and least popular and see how visitors move around the site. |
| 12 | 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. | 12 | All information these cookies collect is aggregated and therefore anonymous. |
| 13 | In addition, when using or receiving the Services, you may be subject to any additional terms applicable to such services (“ Supplemental Terms ”) that may be posted on the Services from time to time, or presented to you for your acceptance when you sign up for or access the additional Services. | 13 | If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. |
| 14 | All such terms are hereby incorporated by reference into this Agreement. | 14 | Targeting Cookies Targeting Cookies These cookies may be set through our site by our advertising partners. |
| 15 | If the terms of this Terms of Use Agreement are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such additional service, but only to the extent of such inconsistency. | 15 | They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. |
| 16 | Supplemental Terms include the Terms of Sale , which govern the purchase of WHOOP Devices and other Products (as defined therein). | 16 | They do not store directly personal information, but are based on uniquely identifying your browser and internet device. |
| 17 | By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. | 17 | If you do not allow these cookies, you will experience less targeted advertising. |
| 18 | If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services. | 18 | Social Media Cookies Social Media Cookies These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. |
| 19 | WHOOP may modify this Agreement at any time and such modification will be effective upon posting such modifications to the Services. | 19 | They are capable of tracking your browser across other sites and building up a profile of your interests. |
| 20 | If a change is material and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. | 20 | This may impact the content and messages you see on other websites you visit. |
| 21 | Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and, for users with an Account, the earlier of (i) thirty (30) days after posting and (ii) such user’s agreement or acceptance of the Agreement. | 21 | If you do not allow these cookies you may not be able to use or see these sharing tools. |
| 22 | By continuing to access or use the Services after such modification, you are agreeing to be legally bound by the modified Agreement. | 22 | Cookie List Clear checkbox label label Apply Cancel Consent Leg.Interest checkbox label label checkbox label label checkbox label label Confirm My Choices |
| 23 | WHOOP may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. | — | Removed |
| 24 | You may reject the updated Agreement by emailing WHOOP at support@whoop.com stating your name and email address associated with your Account and that you are rejecting the updated Agreement. | — | Removed |
| 25 | Such rejection notice must be received within thirty (30) days of the posting of the updated Agreement. | — | Removed |
| 26 | If timely notice is received, your use of the Services shall remain subject to the prior Agreement until the (i) end of your then-current Membership, (ii) end of any then-current Test Subscriptions, and (iii) expiration or use of all then pending Tests, at which time the updated Agreement shall govern your use of the Services unless you cancel such subscriptions in accordance with this Agreement. | — | Removed |
| 27 | By continuing to use the Services after such events, you are agreeing to be legally bound by the modified Agreement. | — | Removed |
| 28 | 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. | — | Removed |
| 29 | INTRODUCTION The WHOOP Membership includes a WHOOP Device plus access to certain Services, including the WHOOP App. | — | Removed |
| 30 | The Services may allow you to track information collected by the WHOOP Device, including your recovery, sleep, and strain, and provide insights and coaching. | — | Removed |
| 31 | The Services are provided to you by WHOOP and in connection with our partners, service providers, sponsors, or other affiliates. | — | Removed |
| 32 | WHOOP offers multiple Membership options (e.g. Monthly, Annual, and 24-Month). | — | Removed |
| 33 | Currently available Membership options and pricing information for each Membership can be found at join.whoop.com . 2. | — | Removed |
| 34 | REGISTRATION You must pay a subscription fee and open an account to obtain a Membership. | — | Removed |
| 35 | In order to use a Membership, you must subscribe, pay any applicable subscription fees (“ Membership Fees ”) as and when due, and create an account on the Services (“ Account ”). | — | Removed |
| 36 | You agree to provide true, accurate and complete information and keep your Account information current and updated. | — | Removed |
| 37 | 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. | — | Removed |
| 38 | 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. | — | Removed |
| 39 | You may never use another person’s account or registration information for the Services without permission. | — | Removed |
| 40 | You agree to notify us immediately of any breach of security or unauthorized use of your Account or password. | — | Removed |
| 41 | You should never publish, distribute or post login information for your Account. | — | Removed |
| 42 | You have the ability to delete your Account directly: see Section 9 of the WHOOP Privacy Policy for further instructions. 3. | — | Removed |
| 43 | ELIGIBILITY Who can set up an Account You represent and warrant that you are at least 13 years of age or the minimum age mandated by the law of your local jurisdiction to use the Services herein if such age is over 13 years of age, 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. | — | Removed |
| 44 | If you are under age 13 or the age mandated by the law of your local jurisdiction to use the Services herein (if over the age of 13), you may not, under any circumstances or for any reason, use the Services. | — | Removed |
| 45 | We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. | — | Removed |
| 46 | In some countries and jurisdictions, we may set a higher age limit, such as 18 years of age, to set up an Account. | — | Removed |
| 47 | You are not permitted to access the Services where this Agreement or use of the Services is prohibited or restricted, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. 4. | — | Removed |
| 48 | USE OF THE SERVICES Your use of the Services is subject to important license terms WHOOP may make available to you certain text, graphics, images, video, audio, data, analyses, reports, and other information and material through the Services (collectively referred to as the “ Content ”). | — | Removed |
| 49 | The Services 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 ”). | — | Removed |
| 50 | AI Technology made available in the Services includes Whoop Coach. | — | Removed |
| 51 | 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 the Content and (ii) use the AI Technology provided as a part of the Services (other than AI Technologies that are External Services), solely, in each case, to the extent included in your Membership or other Services you are subscribed to, as described at the time of such purchase and solely for your personal use of the Services. | — | Removed |
| 52 | Subject to your compliance with the Agreement, WHOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the WHOOP App on a single mobile device that you own or control and to run such copy of the WHOOP App solely for your own personal use. | — | Removed |
| 53 | Furthermore, with respect to any WHOOP App accessed through or downloaded from the Apple App Store (an “ App Store Sourced Application ”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. | — | Removed |
| 54 | Notwithstanding the first sentence in this Section, with respect to any WHOOP App accessed through or downloaded from the Google Play store (a “ Google Play Sourced Application ”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group. | — | Removed |
| 55 | Use of any software and associated documentation, other than the WHOOP App, that is made available via the Services, including the software embedded within the WHOOP Device (“ Software ”) is governed by this Agreement. | — | Removed |
| 56 | Subject to your compliance with this Agreement, WHOOP grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement, solely for your personal use. | — | Removed |
| 57 | Some Software may be offered under open source licenses that we will make available to you upon your request. | — | Removed |
| 58 | There may be provisions in the open source licenses that expressly override some of these terms. | — | Removed |
| 59 | You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute, or otherwise commercially exploit any of the Services except with our prior written permission. | — | Removed |
| 60 | You shall not use, copy, display, download, post, republish, store, or transmit in any form and by any means, any part of the Services, including any Content, for any purpose other than as expressly permitted in this Agreement or with our prior written permission. | — | Removed |
| 61 | The Services 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. | — | Removed |
| 62 | The Services are protected by intellectual property rights, including, for example, patent, trademark, copyright, and database rights. | — | Removed |
| 63 | Unauthorized use of the Services may infringe such intellectual property rights and other laws. | — | Removed |
| 64 | Other than your rights in any User Content (as defined below), you have no rights in or to the Content or other Services other than the limited rights and licenses as expressly set out in this Agreement. | — | Removed |
| 65 | No other use is permitted without prior written consent from us or the owner of the Content or Services. | — | Removed |
| 66 | 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. “WHOOP” and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of WHOOP and may not be used without permission in connection with your, or any third-party’s, products or services. | — | Removed |
| 67 | Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “ Third-Party Trademarks ”). | — | Removed |
| 68 | 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. | — | Removed |
| 69 | 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. | — | Removed |
| 70 | 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. | — | Removed |
| 71 | 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 (“ User Content ”), for which we cannot accept any responsibility or liability. | — | Removed |
| 72 | The Services also include access to, links to, and content, recommendations, and data from third-party websites, products and services (“ External Services ”). | — | Removed |
| 73 | The External Services may include AI Technology, including LLM. | — | Removed |
| 74 | 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. | — | Removed |
| 75 | The content, recommendations, and data of such External Services are developed and provided by others. | — | Removed |
| 76 | Actions you are specifically prohibited from taking The following activities are expressly prohibited and the rights and licenses under this Agreement are subject to these restrictions: (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 (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iv) using any metatags or other “hidden text” using WHOOP’s name or trademarks; (v) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, or reverse engineering the Services, including any Software, except to the extent this restriction is expressly prohibited by applicable law; (vi) framing or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (vii) any use of the Services which is unlawful or in violation of this Agreement, (viii) any use of the WHOOP Device for purposes other than the Services, and (ix) removing or destroying any copyright notices or other proprietary markings contained on or in the Services. | — | Removed |
| 77 | Necessary Equipment Use of your Membership is dependent, and other Services may be dependent, upon a supported Whoop Device, supported mobile device and internet access. | — | Removed |
| 78 | It is your responsibility to ensure access to the internet and functionality of your mobile device. | — | Removed |
| 79 | You are responsible for all internet access charges. | — | Removed |
| 80 | Please check with your internet provider for information on possible internet data usage charges. 5. | — | Removed |
| 81 | MEMBERSHIP You must have an active Membership in place to use the Services If you do not maintain a Membership or pay all Membership Fees when due, WHOOP may (i) terminate your access to some or all of the Services, including your Account until such Membership Fees are paid in full and/or (ii) terminate your Membership. | — | Removed |
| 82 | 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 by WHOOP for a purchase made by you, or sixty (60) days after delivery of your WHOOP Device by WHOOP for a gift given to you. | — | Removed |
| 83 | Activation of trial memberships is described in Section 7. | — | Removed |
| 84 | If you purchased Services from an Authorized Reseller, your Membership will begin on the day you connect your WHOOP Device. | — | Removed |
| 85 | How your Membership subscription works 5.1.1. Recurring Billing. | — | Removed |
| 86 | Your Membership will continue and auto-renew at WHOOP’s then-current price for such Membership until you cancel such Membership in accordance with this Agreement. | — | Removed |
| 87 | The specific terms of your Membership (including the frequency at which your Membership renews) are provided to you as part of your initial signup process and are incorporated into this Agreement. | — | Removed |
| 88 | By choosing and signing up for a recurring Membership, you acknowledge that the applicable Membership Fees plus applicable taxes will be billed at the start of your paid Membership (“ Membership Commencement Date ”) and thereafter, continuously, at regular intervals in accordance with your elections at the time of purchase until you cancel your Membership in accordance with this Agreement. | — | Removed |
| 89 | By subscribing to a Membership, you authorize WHOOP to charge your credit card (or other designated payment form) for the Membership Fee plus applicable taxes at the time you subscribe and at the beginning of each subsequent Membership subscription 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. | — | Removed |
| 90 | 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. | — | Removed |
| 91 | 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. 5.1.2. Reaffirmation of Authorization. | — | Removed |
| 92 | 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. | — | Removed |
| 93 | We may submit those charges for payment and you will be responsible for such charges. | — | Removed |
| 94 | This does not waive our right to seek payment directly from you. | — | Removed |
| 95 | Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Membership. 5.1.3. Changes to the Price and Membership Plans . | — | Removed |
| 96 | We may change, and reserve the right to change, the pricing of Memberships and Services available under a Membership plan from time to time, by posting such changes on the Services. | — | Removed |
| 97 | We will notify you at least fifteen days before any changes to your Membership Fee will become effective. | — | Removed |
| 98 | 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. 5.1.4. Non-payment. | — | Removed |
| 99 | If any Membership Fees due are outstanding, your Account will go into an inactive state three days after non-payment. | — | Removed |
| 100 | In this inactive state, you will be unable to upload data from your WHOOP Device. | — | Removed |
| 101 | You may, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. | — | Removed |
| 102 | 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. | — | Removed |
| 103 | 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. 5.1.5 Failed Payments. | — | Removed |
| 104 | We will attempt to charge your payment method for the full annual subscription fee each month. | — | Removed |
| 105 | If the full annual charge is successful, your 12-month membership term will begin on that date. | — | Removed |
| 106 | If we are unable to process the full annual charge due to insufficient funds or other failure, we will instead charge one-twelfth (1/12) of the annual subscription fee (“Partial Charge”) for that month. | — | Removed |
| 107 | We will continue to attempt to charge the full annual subscription fee in subsequent months, and if unsuccessful, will process a Partial Charge. | — | Removed |
| 108 | This billing structure will continue on a recurring basis until the full annual subscription fee is successfully processed or your membership is cancelled. | — | Removed |
| 109 | You authorize us to make these charges using your payment method on file. | — | Removed |
| 110 | We may suspend or terminate access to the Services if amounts remain unpaid. | — | Removed |
| 111 | You remain responsible for all outstanding amounts. 6. | — | Removed |
| 112 | CANCELLATION OR TERMINATION OF MEMBERSHIP To change or cancel your Membership, go to Account settings at https://app.whoop.com or contact WHOOP at support@whoop.com. | — | Removed |
| 113 | See here for detailed instructions. | — | Removed |
| 114 | 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. | — | Removed |
| 115 | You may continue to use your Membership until the end of your then-current term. | — | Removed |
| 116 | WHOOP will not provide any prorated refund of any portion of the Membership Fee paid for the then-current Membership term. | — | Removed |
| 117 | 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. | — | Removed |
| 118 | If you did not purchase your Membership directly from WHOOP, please refer to the party or method through which you purchased your Membership for cancellation instructions. | — | Removed |
| 119 | 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 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 9 of the WHOOP Privacy Policy. https://privacy.whoop.com/policies/en-US/ . 7. | — | Removed |
| 120 | WHOOP MEMBERSHIP FREE TRIALS WHOOP may offer a free one-month trial period of its Membership to end users in select countries (a “ Free Trial ” or “ WHOOP Trial ”) to allow the end user to try certain Membership Services before committing to one of the WHOOP Membership options. | — | Removed |
| 121 | This Section sets forth additional legally binding terms and conditions that govern a WHOOP Trial. | — | Removed |
| 122 | Free Trials. | — | Removed |
| 123 | If you select a Free Trial, you will be able to use a WHOOP Device and associated access to certain Membership Services during the Free Trial period. | — | Removed |
| 124 | The WHOOP Device included in a Free Trial may be either a new or pre-owned WHOOP Device at the sole discretion of WHOOP. | — | Removed |
| 125 | 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. | — | Removed |
| 126 | Paid Membership. | — | Removed |
| 127 | At the end of your Free Trial, your use of the Services will automatically roll into a paid Peak annual Membership at the Membership Fee in effect at the start of your Free Trial and you will be charged for such Membership as set forth above in this Section if you do not cancel prior to the Membership Commencement Date, unless you elect another Membership package prior to the end of your Free Trial, in which case your Free Trial will roll into a paid Membership of the type you elected. | — | Removed |
| 128 | If you are inadvertently charged for a Membership and provide us with written notice of the error, WHOOP will have the charges reversed. | — | Removed |
| 129 | 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 ”). | — | Removed |
| 130 | WHOOP reserves the right to charge for any shipping costs associated with a return of the WHOOP Device. | — | Removed |
| 131 | If you cancel your WHOOP Trial but do not return your WHOOP Device within the Return Period, you will be charged a restocking fee of $110 . | — | Removed |
| 132 | Eligibility. | — | Removed |
| 133 | Free Trials are only available to new end users in select countries as indicated in the signup process. | — | Removed |
| 134 | WHOOP Trials are subject to all other applicable terms and conditions set out in this Agreement and that accompany such offer. 8. | — | Removed |
| 135 | PAYMENT OF FEES Fees. | — | Removed |
| 136 | You agree to pay the Membership Fees, and other fees for Services agreed upon by you, as described in this Agreement and during the purchase and payment process, including without limitation the initial Membership Fee (as described above). | — | Removed |
| 137 | Any payment terms presented to you in the process of obtaining your Membership or other Services are deemed part of this Agreement and are incorporated into this Agreement by reference. | — | Removed |
| 138 | Unless otherwise stated herein, to the extent permitted by applicable law, all Membership Fees are non-refundable, even if you stop using the Services. | — | Removed |
| 139 | Billing . | — | Removed |
| 140 | You must provide WHOOP with a valid credit card or other account information from a valid payment provider accepted by WHOOP (each, a “Payment Provider”) as a condition to signing up for a Membership and/or other subscriptions. | — | Removed |
| 141 | We may collect payments from you directly or we may use a third-party payment processor (“ Payment Processor ”) for payment services. | — | Removed |
| 142 | We use Stripe, Inc. and its affiliates (“ Stripe ”) as a third-party service provider for payment services. | — | Removed |
| 143 | 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. | — | Removed |
| 144 | You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize WHOOP and Stripe and any other Payment Processor to share any information and payment instructions you provide with each other and your Payment Provider to the minimum extent required to complete your transactions. | — | Removed |
| 145 | We are not responsible for any errors by a Payment Processor. | — | Removed |
| 146 | You shall pay all fees or charges (“ Fees ”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. | — | Removed |
| 147 | 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. | — | Removed |
| 148 | WHOOP reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you. | — | Removed |
| 149 | Payment Method. | — | Removed |
| 150 | Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. | — | Removed |
| 151 | By providing WHOOP with your credit card number or other payment information, you agree that WHOOP is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. | — | Removed |
| 152 | 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. | — | Removed |
| 153 | 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. | — | Removed |
| 154 | Current Information Required . | — | Removed |
| 155 | You must provide current, complete and accurate information for your billing information. | — | Removed |
| 156 | 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 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. | — | Removed |
| 157 | Changes to such information can be made at “Account Settings” at https://app.whoop.com . | — | Removed |
| 158 | If you fail to provide any of the information described above, you agree that we may continue charging you for any Fees under your Account unless you have terminated your Membership or any other related Services in accordance with this Agreement. | — | Removed |
| 159 | SUCH TERMINATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. | — | Removed |
| 160 | Taxes. | — | Removed |
| 161 | The Fees do not include any Sales Tax (defined below) that may be due in connection with the Services provided under this Agreement. | — | Removed |
| 162 | If WHOOP determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, WHOOP shall collect such Sales Tax in addition to the Fees. | — | Removed |
| 163 | If any services or products, or payments for any services or products, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to WHOOP, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify WHOOP for any liability or expense WHOOP may incur in connection with such Sales Taxes. | — | Removed |
| 164 | Upon WHOOP’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. | — | Removed |
| 165 | For purposes of this section, “ Sales Tax ” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. | — | Removed |
| 166 | Withholding Taxes. | — | Removed |
| 167 | You shall make all payments of Fees to WHOOP free and clear of, and without reduction for, any withholding taxes. | — | Removed |
| 168 | Any such taxes imposed on payments of Fees to WHOOP shall be your sole responsibility, and you shall provide WHOOP with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid. 9. | — | Removed |
| 169 | WHOOP ADVANCED LABS SERVICES 9.1. Subscriptions; Automatic Renewal . | — | Removed |
| 170 | If you sign-up to receive certain clinical testing packages as a part of the WHOOP Advanced Labs Services on a recurring basis (a “ Test Subscription ”), your Test Subscription will continue and auto-renew annually at WHOOP’s then-current price for such Test Subscription plus applicable taxes until you cancel such Test Subscription in accordance with this Agreement. | — | Removed |
| 171 | The Tests within the Test Subscription will expire 12 months after your Test Subscription purchase date. | — | Removed |
| 172 | Tests included in New Test Subscription renewals will expire 12 months after the applicable renewal date. | — | Removed |
| 173 | If you sign-up for a Test Subscription, the fee for such Test Subscription (“ Test Subscription Fee ”) plus applicable taxes will be billed at the start of the Test Subscription (“ Test Subscription Commencement Date ”) and continuously thereafter at regular intervals in accordance with your elections at the time of purchase, until you cancel your Test Subscription. | — | Removed |
| 174 | By subscribing to the Test Subscription, you authorize WHOOP to charge the payment method designated in your Account, and again at the beginning of any subsequent Test Subscription period. | — | Removed |
| 175 | WHOOP reserves the right to change the timing of our billing. | — | Removed |
| 176 | WHOOP reserves the right to change the Test Subscription pricing at any time upon prior notice to you. | — | Removed |
| 177 | WHOOP is not obligated to provide the Advanced Labs Services and access to the clinical testing to you until WHOOP accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. | — | Removed |
| 178 | Upon renewal of your Test Subscription, if WHOOP does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that WHOOP may either terminate or suspend your Test Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be re-activated for the remainder of your Membership subscription period, if any). 9.2. Cancelling Test Subscriptions Purchased via WHOOP . | — | Removed |
| 179 | If you wish to cancel your Test Subscription to prevent it from automatically renewing, you may do so prior to the date of your next scheduled renewal by (i) logging into and going to the “ Membership ” page of your Account at app.whoop.com, clicking “Cancel Your Test Subscription” at the bottom of the page, selecting the applicable option based on your subscription type and status, and interacting as necessary with the cancellation interface, or (ii) contacting WHOOP at support@whoop.com. | — | Removed |
| 180 | If you did not purchase your Test Subscription directly from WHOOP, please refer to the party or method through which you purchased your Test Subscription for cancellation instructions. | — | Removed |
| 181 | Your cancellation will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your clinical tests ordered with the Test Subscription (“ Tests ”) until their applicable expiration dates. | — | Removed |
| 182 | Tests shall not be considered “Products” for purposes of WHOOP’s Terms of Sale. 9.3. Additional Tests. | — | Removed |
| 183 | If you have a Test Subscription (“ Then-Current Test Subscription ”), you can add additional Tests in one of three (3) ways: (1) Purchase a new Test Subscription (“ New Test Subscription ”) to be effective immediately upon purchase (“ New Test Subscription Commencement Date ”). | — | Removed |
| 184 | Your New Test Subscription will continue and auto-renew annually from the New Test Subscription Commencement Date at WHOOP’s then-current price for such Test Subscription plus applicable taxes until you cancel such Test Subscription in accordance with this Agreement. | — | Removed |
| 185 | Tests included in your New Test Subscription will expire 12 months after the New Test Subscription Commencement Date. | — | Removed |
| 186 | Tests included in New Test Subscription renewals will expire 12 months after the applicable renewal date. | — | Removed |
| 187 | Your Then-Current Test Subscription will be terminated as of the New Test Subscription Commencement Date. | — | Removed |
| 188 | Following such termination, you will still be able to use any unused Tests until the end of their original 12-month expiration period. | — | Removed |
| 189 | (2) Upgrade your Then-Current Test Subscription to be effective as of the end of the Then-Current Test Subscription’s annual term. | — | Removed |
| 190 | Your Then-Current Test Subscription will automatically renew at the end of its then-current term (“ Upgrade Effective Date ”) and the fee for the upgraded Test Subscription plus applicable taxes will be billed on the Upgrade Effective Date and continuously on an annual basis, until you cancel your Then-Current Test Subscription. | — | Removed |
| 191 | All Tests included in such upgrade will expire 12 months after the Upgrade Effective Date. | — | Removed |
| 192 | Tests included in Test Subscription renewals will expire 12 months after the applicable renewal date. | — | Removed |
| 193 | (3) Buy Tests on an ad hoc, one-time, non-recurring basis (“ Add-On Tests ”). | — | Removed |
| 194 | You will be billed the then-current term for such Add-On Tests on the date of your purchase. | — | Removed |
| 195 | Your purchase of Add-On Tests will not affect the number of Tests that will be included in your Then-Current Test Subscription when it renews. | — | Removed |
| 196 | All Tests purchased in this manner will expire 12 months after their purchase date. 9.4. Effect of WHOOP Membership Termination/Expiration on Your Advanced Labs Services. | — | Removed |
| 197 | If you cancel your Membership in accordance with Section 6 above or your Membership is otherwise terminated, your Test Subscription will also be terminated. | — | Removed |
| 198 | Following such termination, you will still be able to use any unused Tests until the end of their original 12-month expiration period (i.e. within 12-months of their purchase date). | — | Removed |
| 199 | You are not entitled to purchase any Tests or Test Subscriptions through your Account after your Membership terminates or expires. | — | Removed |
| 200 | You must have a Membership in order to purchase Tests and Test Subscriptions. 9.5. WHOOP Advanced Labs Supplemental Terms of Use. | — | Removed |
| 201 | Your use of WHOOP Advanced Labs is governed by the WHOOP Terms of Use, which include the below terms and conditions specific to WHOOP Advanced Labs. 9.5.1. Limitations. | — | Removed |
| 202 | A WHOOP Membership is required to access WHOOP Advanced Labs. | — | Removed |
| 203 | WHOOP Advanced Labs and specific features of WHOOP Advanced Labs are not available in all regions, see the WHOOP website for the latest availability details. | — | Removed |
| 204 | WHOOP Advanced Labs is not for use by members under 18 or pregnant members. 9.5.2. Availability and Expiration. | — | Removed |
| 205 | WHOOP Advanced Labs provides members the opportunity to purchase access to certain laboratory tests (“Purchased Tests”). | — | Removed |
| 206 | Each Purchased Test must be scheduled and completed within twelve (12) months from the date of purchase. | — | Removed |
| 207 | Any Purchased Test that is not scheduled and completed within that twelve-month period will automatically expire and will no longer be available for use. 9.5.3. No Extensions or Refunds. | — | Removed |
| 208 | Expired Purchased Tests are not eligible for extension, renewal, credit, or refund, regardless of whether the expiration results from a member’s scheduling limitations, failure to appear for a scheduled appointment, or other circumstances beyond the control of WHOOP. 9.5.4. Member Responsibilities. | — | Removed |
| 209 | You are solely responsible for (a) scheduling and attending appointments for Purchased Tests within the applicable twelve-month period, and (b) ensuring that any required information, documentation, or consents are provided to WHOOP and its partners in a timely manner. | — | Removed |
| 210 | WHOOP is not responsible for any inability to schedule or complete a Purchased Test prior to expiration. | — | Removed |
| 211 | You must provide accurate, current, and complete information when scheduling or completing a Purchased Test. | — | Removed |
| 212 | This includes personal, health, and contact information requested by WHOOP or its partners. | — | Removed |
| 213 | Inaccurate or incomplete information may delay or invalidate your results, and WHOOP will not be responsible for any such outcome. | — | Removed |
| 214 | You agree to comply with all pre-test and post-test instructions provided by WHOOP or its partners, including any fasting or preparation requirements. | — | Removed |
| 215 | Failure to follow instructions may impact the validity of your results. 9.5.5. Third-Party Laboratories. | — | Removed |
| 216 | Purchased Tests are fulfilled by independent third-party laboratories. | — | Removed |
| 217 | Availability of appointments and completion of tests may be subject to the policies, procedures, and capacity of such laboratories. | — | Removed |
| 218 | WHOOP does not guarantee availability of specific appointment times or locations. 9.5.6. Role of WHOOP and Independent Labs and Providers. | — | Removed |
| 219 | WHOOP is not a laboratory or a healthcare provider and does not itself provide laboratory or health care services. | — | Removed |
| 220 | The Clinical Report and Insights that members receive through WHOOP Advanced Labs are developed by independent, third-party laboratories and healthcare providers, including Quest Diagnostics and SteadyMD. | — | Removed |
| 221 | The Action Plan that members receive through WHOOP Advanced Labs is not medical advice and is not intended, designed, or implied to diagnose, prevent, monitor, treat, or alleviate any illness, medical condition, or disease, to ascertain the state of members’ health, or to be a substitute for professional medical care. | — | Removed |
| 222 | The information provided in the Action Plan is provided for the purposes of personalized performance coaching and improving wellness through education. 9.5.7. Not for Emergency Use. | — | Removed |
| 223 | The information, results, and services provided through WHOOP Advanced Labs are not provided for use in emergency or life-threatening situations. | — | Removed |
| 224 | If you experience a medical emergency, you should seek immediate assistance from a healthcare provider. 9.5.8. Consult a Healthcare Provider. | — | Removed |
| 225 | You should consult your primary care provider or other healthcare providers if you have any questions regarding whether to get laboratory testing, which tests are relevant to you, any implications of information or results provided through WHOOP Advanced Labs, and before making significant changes to your diet or exercise routine. | — | Removed |
| 226 | WHOOP Advanced Labs may present information regarding supplements and their use, but you remain responsible to evaluate and determine whether a supplement is right for you. 9.5.9. Involvement of Independent Third Parties. | — | Removed |
| 227 | If you sign up for WHOOP Advanced Labs and purchase laboratory testing through WHOOP, your receipt of laboratory testing from Quest Diagnostics and the Clinical Report and Insights from SteadyMD are subject to the following terms: You expressly consent to WHOOP sharing your personal information with Quest Diagnostics and SteadyMD to provide you with the WHOOP Advanced Labs services; Before you schedule any laboratory testing through WHOOP Advanced Labs, you will be required to sign an authorization in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) permitting Quest Diagnostics and SteadyMD to share your protected health information with WHOOP to enable WHOOP to provide you with the WHOOP Advanced Labs services; Quest Diagnostics and SteadyMD are independent contractors of WHOOP and are solely responsible for their own activities; WHOOP cannot verify the accuracy or completeness of any data, information, or results provided by Quest Diagnostics or SteadyMD; Laboratory testing performed by Quest Diagnostics is not comprehensive and may omit tests that are relevant to you; In no event shall WHOOP be liable for any actions, omissions, delays, or errors of Quest Diagnostics or SteadyMD, or any damages resulting therefrom; and Your use of Quest Diagnostic’s services is also subject to the Quest Consumer Inc. | — | Removed |
| 228 | Terms and Conditions . 9.5.10. | — | Removed |
| 229 | Upload Feature. | — | Removed |
| 230 | In lieu of ordering laboratory testing through Quest Diagnostics, you may choose to upload your own laboratory test results to the WHOOP app. | — | Removed |
| 231 | Neither WHOOP nor its independent contractors are able to verify the accuracy or completeness of any data, information, or results that you upload, and in no event shall WHOOP or any of its independent contractors be liable for any errors in such data, information, or results, or any damages resulting therefrom. | — | Removed |
| 232 | You are responsible for confirming the accuracy and completeness of any laboratory results that you upload to the WHOOP app. 9.5.11. | — | Removed |
| 233 | Reimbursement Limitations. | — | Removed |
| 234 | You acknowledge and agree that you are prohibited from submitting any purchase of services or products from WHOOP, Quest Diagnostics, or SteadyMD for reimbursement by third-party payors. | — | Removed |
| 235 | By signing up for WHOOP Advanced Labs, you represent and warrant to WHOOP, Quest Diagnostics, and SteadyMD that you will not submit such purchases for reimbursement from any third-party payor. 9.5.12. | — | Removed |
| 236 | Artificial Intelligence. | — | Removed |
| 237 | WHOOP uses artificial intelligence to generate some of the information in WHOOP Advanced Labs. | — | Removed |
| 238 | Artificial intelligence can make errors, and you are responsible for confirming the accuracy of any results or information provided by WHOOP Advanced Labs. 9.5.13. | — | Removed |
| 239 | Links. | — | Removed |
| 240 | The WHOOP app may also link to third-party information or websites, and WHOOP shall not be liable for any content or information provided by such third parties. | — | Removed |
| 241 | By signing up for WHOOP Advanced Labs, you agree to the above terms and conditions (including the use and disclosure of your personal information described above) and acknowledge that you have read and agree to the WHOOP Privacy Policy. 10. | — | Removed |
| 242 | 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. | — | Removed |
| 243 | WHOOP provides the Services for you to track, manage, and share your wellness-related information. | — | Removed |
| 244 | All Content available through the Services is for general fitness and informational purposes only. | — | Removed |
| 245 | 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. | — | Removed |
| 246 | Except as specifically indicated, WHOOP Services are intended solely for personal wellness tracking and not for making any medical decisions. | — | Removed |
| 247 | You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. | — | Removed |
| 248 | 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. | — | Removed |
| 249 | Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. | — | Removed |
| 250 | 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. | — | Removed |
| 251 | 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). | — | Removed |
| 252 | 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. | — | Removed |
| 253 | 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. | — | Removed |
| 254 | If you have any medical questions, please call or see your doctor or other healthcare provider. | — | Removed |
| 255 | You should never disregard medical advice or delay in seeking medical advice because of any Content presented on the Services. | — | Removed |
| 256 | The WHOOP Services and the WHOOP Device are not intended for emergency or life-threatening situations. | — | Removed |
| 257 | If you believe you are experiencing a medical emergency, contact your local emergency services immediately. | — | Removed |
| 258 | Skin Sensitivities Some people may experience skin reactions, including contact dermatitis, from contact with wearable devices. | — | Removed |
| 259 | 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. | — | Removed |
| 260 | 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. | — | Removed |
| 261 | Please refer to support.whoop.com for information on how to set the proper band tension, and clean, and care for your WHOOP. | — | Removed |
| 262 | 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. | — | Removed |
| 263 | Changing the location of your WHOOP Device periodically can allow your skin to breathe and reduce the likelihood of irritation. | — | Removed |
| 264 | Keeping your WHOOP clean and dry can also reduce the likelihood of skin irritation. | — | Removed |
| 265 | Loosening the band may reduce the likelihood of irritation but may also degrade signal quality. | — | Removed |
| 266 | 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. | — | Removed |
| 267 | Continued use, even after symptoms subside, may result in renewed or increased irritation. 11. | — | Removed |
| 268 | FITNESS-RELATED CONTENT The Services may include training recommendations, and other media to help you meet your health, fitness, and wellness goals. | — | Removed |
| 269 | 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. | — | Removed |
| 270 | If you have any concerns about your health or fitness, you should consult your doctor before starting any new exercise program. | — | Removed |
| 271 | WHOOP is not responsible for any results that may or may not be obtained from the use of the Service. 12. | — | Removed |
| 272 | AI TECHNOLOGY AI Technology is new and evolving. | — | Removed |
| 273 | 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 ”). | — | Removed |
| 274 | 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. | — | Removed |
| 275 | YOU ACKNOWLEDGE AND AGREE THAT AI TECHNOLOGY IS NOT A HUMAN AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. | — | Removed |
| 276 | YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHOOP DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. | — | Removed |
| 277 | GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. | — | Removed |
| 278 | YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. | — | Removed |
| 279 | You will use independent judgement and discretion before relying on or otherwise using Output. | — | Removed |
| 280 | Output is for informational purposes only and is not a substitute for advice from a qualified professional. | — | Removed |
| 281 | YOU ACKNOWLEDGE THAT THE OUTPUTS ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE TO THE AI TECHNOLOGY, AND THAT WHOOP HAS NO CONTROL OVER ANY SUCH USER CONTENT. | — | Removed |
| 282 | ACCORDINGLY, ALL OUTPUTS ARE PROVIDED “AS IS” AND WITH “ALL FAULTS,” AND WHOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT, INCLUDING YOUR CONTENT, OR OUTPUTS, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY. | — | Removed |
| 283 | 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. 13. | — | Removed |
| 284 | CHANGES TO SERVICES We may modify the Services from time to time. | — | Removed |
| 285 | 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. | — | Removed |
| 286 | If we make any adverse changes that do not fall into the above categories and those changes are material, you can cancel the related Services and receive a pro-rated refund for any associated Fees paid for in advance and unused by contacting support@whoop.com . | — | Removed |
| 287 | Such request must be made within 30 days of the relevant change or you waive your ability to seek a refund. 14. | — | Removed |
| 288 | USER CONTENT; USER CONDUCT Types of Content. | — | Removed |
| 289 | You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, “ Content ”), is the sole responsibility of the party from whom such Content originated. | — | Removed |
| 290 | This means that you, and not WHOOP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“ Make Available ”) through the Services (“ Your Content ”), and that other users of the Services, and not WHOOP, are similarly responsible for all Content that they Make Available through the Services (“ User Content ”). | — | Removed |
| 291 | Your Content may include lab results and other documentation resulting from the Tests you receive. | — | Removed |
| 292 | We do not endorse or approve, nor do we make any representations or warranties with respect to 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. | — | Removed |
| 293 | You use all User Content and interact with other users at your own risk. | — | Removed |
| 294 | Storage. | — | Removed |
| 295 | Unless expressly agreed to by WHOOP in writing elsewhere, WHOOP has no obligation to store any of Your Content. | — | Removed |
| 296 | WHOOP has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. | — | Removed |
| 297 | Certain features and functionality of the Services may enable you to specify the level at which the Services restricts access to Your Content. | — | Removed |
| 298 | In such cases, you are solely responsible for applying the appropriate level of access to Your Content. | — | Removed |
| 299 | If you do not choose a level of access, the system may default to its most permissive setting. | — | Removed |
| 300 | You agree that WHOOP retains the right to create reasonable limits on WHOOP’s use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by WHOOP in its sole discretion. | — | Removed |
| 301 | Your Content. | — | Removed |
| 302 | WHOOP does not claim ownership of Your Content; however, when you Make Available any Content on or to the Services, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 14.4 (License to Your Content). | — | Removed |
| 303 | You shall be solely responsible for Your Content you submit and the consequences of our posting or publishing Your Content through the Services. | — | Removed |
| 304 | In connection with Your 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 of Your Content to enable inclusion and use of Your 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 Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. | — | Removed |
| 305 | License to Your Content. | — | Removed |
| 306 | Subject to any applicable Account settings that you select, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees) and transferable right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users and, solely in aggregate and deidentified form, to train any AI Technology models. | — | Removed |
| 307 | Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you submit to any area of the Services that is accessible by other users. | — | Removed |
| 308 | To the extent Your 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 use and share such data. | — | Removed |
| 309 | You also hereby grant each user of the Services a non-exclusive license to access Your 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 Your Content as permitted through the functionality of the Services and under this Agreement. | — | Removed |
| 310 | We may maintain copies of Your Content for purposes of backup, security, or maintenance, or as required by law. | — | Removed |
| 311 | Username . | — | Removed |
| 312 | Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit WHOOP to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content. | — | Removed |
| 313 | Managing Entity . | — | Removed |
| 314 | 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 Content may also be shared with that team or other organization as more fully described in our Privacy Policy. | — | Removed |
| 315 | You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of Your Content by that Managing Entity. | — | Removed |
| 316 | User Conduct and Certain Restrictions. | — | Removed |
| 317 | In connection with Your 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, offensive, profane, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, deceptive, fraudulent, invasive of another’s privacy, tortious, involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, 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; or (v) impersonate another person or entity, including any employee or representative of WHOOP. | — | Removed |
| 318 | The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this Section. | — | Removed |
| 319 | If we determine, in our sole discretion, that Your Content is in violation of this Agreement or is otherwise inappropriate, we may remove such User Content, terminate your ability to Make Available such User Content, and/or terminate your access to the Services at any time, without prior notice. | — | Removed |
| 320 | Any unauthorized use of the Services terminates the licenses granted by WHOOP pursuant to this Agreement. | — | Removed |
| 321 | User Responsibility. | — | Removed |
| 322 | You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that WHOOP reserves the right, but has no obligation, to intercede in any disputes between you and any other users. | — | Removed |
| 323 | You agree that WHOOP will not be responsible for any liability incurred as the result of your interactions with other users. | — | Removed |
| 324 | Procedure for Making Copyright Infringement Claims. | — | Removed |
| 325 | We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services. | — | Removed |
| 326 | It is WHOOP’s policy to terminate a member’s access to the Services if they are determined to be a repeat infringer or serious first-time infringer in our sole discretion. | — | Removed |
| 327 | 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. | — | Removed |
| 328 | 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 . | — | Removed |
| 329 | Only notices pursuant to this Section and notices relating to complaints in connection with 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 24. | — | Removed |
| 330 | Our rights to remove User Content If you think we have made a mistake in removing or restricting access to Your Content, you can request we review our decision and decide again by contacting us as legalnotices@whoop.com . | — | Removed |
| 331 | If you come across any content on WHOOP that you think may be illegal or in breach of our policies please let us know. | — | Removed |
| 332 | To report any content you think might be illegal or not in line with our policies please email us at legalnotices@whoop.com . | — | Removed |
| 333 | Feedback In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form (“ Feedback ”), you agree, and hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or WHOOP’s business. | — | Removed |
| 334 | 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. | — | Removed |
| 335 | Third-Party Websites, Applications and Ads. | — | Removed |
| 336 | The Services may contain links to third-party websites (“ Third-Party Websites ”), applications (“ Third-Party Applications ”) and advertisements for third parties (“ Third-Party Ads ”) (collectively, the “ Third-Party Services ”). | — | Removed |
| 337 | When you click on a link to a Third-Party Service, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. | — | Removed |
| 338 | Such Third-Party Services are not under the control of WHOOP. | — | Removed |
| 339 | WHOOP is not responsible for any Third-Party Services. | — | Removed |
| 340 | WHOOP provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. | — | Removed |
| 341 | You use all links in Third-Party Services at your own risk. | — | Removed |
| 342 | When you leave our Services, this Agreement and our policies no longer govern. | — | Removed |
| 343 | You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 15. | — | Removed |
| 344 | INVESTIGATIONS, MONITORING, AND NO OBLIGATION TO PRE-SCREEN CONTENT WHOOP may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content and User Content, at any time. | — | Removed |
| 345 | You hereby provide your irrevocable consent to such monitoring. | — | Removed |
| 346 | You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. | — | Removed |
| 347 | Without limiting the foregoing, WHOOP reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for WHOOP; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if WHOOP otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. | — | Removed |
| 348 | Upon determination of any possible violations by you of any provision of this Agreement, WHOOP, may, at its sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you. | — | Removed |
| 349 | If WHOOP believes that criminal activity has occurred, WHOOP reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Services, including Your Content, in WHOOP’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of WHOOP, its users or the public, and all enforcement or other government officials, as WHOOP in its sole discretion believes to be necessary or appropriate. 16. | — | Removed |
| 350 | WHOOP RETURN POLICY Membership and WHOOP Device. 16.1.1. Our Thirty (30) Day Return Policy. | — | Removed |
| 351 | You have 30 days to change your mind about your Membership. | — | Removed |
| 352 | After 30 days you can cancel your Membership solely in accordance with Section 6, but you will not be entitled to a refund unless we have failed to provide you with the WHOOP Device and Services. | — | Removed |
| 353 | 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. | — | Removed |
| 354 | For clarity, if you are using the WHOOP Device and Services pursuant to a Free Trial, the thirty (30) day return policy does not apply to you. | — | Removed |
| 355 | 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 Procedure” section below. | — | Removed |
| 356 | 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. | — | Removed |
| 357 | 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. 16.1.2. Standard Return Procedure. | — | Removed |
| 358 | To request a return under this Section 16.1, you must contact Membership Services at support.whoop.com , at which point a return shipping label will be provided to you. | — | Removed |
| 359 | 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. | — | Removed |
| 360 | 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. | — | Removed |
| 361 | If you do not return the WHOOP Device within that 30-day period, you will not receive a refund of the Initial Membership Fee. 16.1.3. Outside the standard return period. | — | Removed |
| 362 | Once the initial 30-day period has passed, WHOOP will not refund all or any portion of your Initial Membership Fee. | — | Removed |
| 363 | 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. | — | Removed |
| 364 | Contact Membership Services at support.whoop.com for return instructions. | — | Removed |
| 365 | Once a return is requested, you will not be able to use the Account associated with the WHOOP Device that was returned. | — | Removed |
| 366 | Test Subscriptions and Tests. | — | Removed |
| 367 | If you cancel your Test Subscription purchase within thirty (30) days of your initial purchase and you have not yet received any such Tests, then WHOOP will provide you a full refund of your Test Subscription. | — | Removed |
| 368 | If you qualify for this refund, such refund will be processed once you cancel your Test Subscription. | — | Removed |
| 369 | You will no longer be eligible for a refund after thirty (30) days from your initial purchase or after receiving any such Tests, whichever comes first. 17. | — | Removed |
| 370 | LIMITED WARRANTY. | — | Removed |
| 371 | 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 “ Limited Warranty ”). | — | Removed |
| 372 | All claims under this Limited Warranty must be received by WHOOP during the Warranty Period. | — | Removed |
| 373 | If your WHOOP Device is defective during the Warranty Period, WHOOP will provide the a replacement, subject to the conditions below, at no additional charge. | — | Removed |
| 374 | WHOOP is not responsible to repair or replace your WHOOP Device if you violate this Limited Warranty. | — | Removed |
| 375 | This Limited Warranty is non-transferable. | — | Removed |
| 376 | To be eligible for the Limited 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 Authorized Reseller. | — | Removed |
| 377 | This Limited Warranty Does Not Cover any of the Following: Lost WHOOP Devices(s), including chargers or PowerPack(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 damage or failure due to or WHOOP Devices subject to unauthorized modification; Any damage or failure due to or WHOOP Devices subject to attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the WHOOP Device; or Any WHOOP Device subject to alteration of the factory model name and/or serial number. | — | Removed |
| 378 | This Limited Warranty gives the purchaser specific legal rights. | — | Removed |
| 379 | You may also have other rights which vary from state to state that may result in the change of this Limited Warranty. | — | Removed |
| 380 | If a defect in the WHOOP Device arises and a valid claim is received by WHOOP within the Warranty Period, WHOOP will, at its option and to the extent permitted by law, either (a) repair the defective WHOOP Device at no charge, using new or refurbished replacement parts, or (b) exchange the defective WHOOP Device with a new or refurbished WHOOP Device or a product that is reasonably equivalent to the WHOOP Device. | — | Removed |
| 381 | If WHOOP, in its sole discretion, determines it is not reasonable to replace the defective WHOOP Device, WHOOP may refund to you the purchase price paid for the WHOOP Device. | — | Removed |
| 382 | In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. | — | Removed |
| 383 | You may be responsible for payment of shipping and handling charges for the delivery of a repaired or replacement WHOOP Device, except where prohibited by applicable law. | — | Removed |
| 384 | Any replacement of a defective WHOOP Device will be warranted for the remainder of the Warranty Period of the returned WHOOP Device, or for any additional period of time that may be applicable in your jurisdiction. | — | Removed |
| 385 | This Limited Warranty may differ for Members who receive a WHOOP Device as part of a WHOOP Unite partnership, but only as permitted by applicable law. | — | Removed |
| 386 | Nothing in this Limited Warranty shall affect your statutory consumer rights. | — | Removed |
| 387 | If you have any questions about this Limited Warranty, please contact support@whoop.com. 18. | — | Removed |
| 388 | DISCLAIMER OF WARRANTY EXCEPT AS STATED IN SECTION 17 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. | — | Removed |
| 389 | 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. | — | Removed |
| 390 | TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (“ WHOOP PARTIES ”), 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). | — | Removed |
| 391 | TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHOOP PARTIES SHALL NOT 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. | — | Removed |
| 392 | FURTHER, THE WHOOP PARTIES 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. | — | Removed |
| 393 | 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. | — | Removed |
| 394 | YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. | — | Removed |
| 395 | WHILE WE ENDEAVOR TO PROVIDE HIGH QUALITY SUPPORT SERVICES TO OUR MEMBER COMMUNITY, TO THE FULLEST EXTENT PERMITTED BY LAW, WHOOP DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEVEL OR AVAILABILITY OF SUPPORT SERVICES. 19. | — | Removed |
| 396 | LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE WHOOP PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY WHOOP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. | — | Removed |
| 397 | THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A WHOOP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. | — | Removed |
| 398 | TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHOOP PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO WHOOP BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $100; OR (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. | — | Removed |
| 399 | THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A WHOOP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. | — | Removed |
| 400 | TO THE FULLEST EXTENT PERMITTED BY LAW, WHOOP ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. | — | Removed |
| 401 | In some countries and certain jurisdictions, 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. | — | Removed |
| 402 | In some countries and jurisdictions, this may include 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. | — | Removed |
| 403 | In such cases, our liability shall not be limited as prohibited by law, and shall be limited to the greatest extent permitted by law. | — | Removed |
| 404 | If the laws of your country or jurisdiction 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. | — | Removed |
| 405 | THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHOOP AND YOU. 20. | — | Removed |
| 406 | 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 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, including any Outputs, or (iv) your violation of applicable laws, rules and regulations. | — | Removed |
| 407 | You agree to cooperate with any reasonable requests assisting our defense of such matter. 21. | — | Removed |
| 408 | TERM AND TERMINATION Term. | — | Removed |
| 409 | The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement. | — | Removed |
| 410 | Termination of Service by WHOOP. | — | Removed |
| 411 | If you have materially breached any provision of this Agreement, or if WHOOP is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), WHOOP has the right to, immediately and without notice, suspend or terminate any Services provided to you. | — | Removed |
| 412 | WHOOP reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you and in the event we exercise this termination right, we will refund you for any pre-paid portion of any unused subscriptions for Services. | — | Removed |
| 413 | You agree that all terminations for cause are made in WHOOP’s sole discretion and that WHOOP shall not be liable to you or any third party for any termination of your Account. | — | Removed |
| 414 | Effect of Termination. | — | Removed |
| 415 | Upon termination of this Agreement, or the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof (as applicable) will automatically terminate, and we may delete Your Content associated therewith from our live databases. | — | Removed |
| 416 | If we terminate your Account for cause, we may also bar your further use or access to the Services. | — | Removed |
| 417 | WHOOP will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. | — | Removed |
| 418 | All provisions of this Agreement which by their nature should survive, will survive termination of Services and this Agreement, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability. | — | Removed |
| 419 | No Subsequent Registration. | — | Removed |
| 420 | If this Agreement is terminated for cause by WHOOP or if your Account or ability to access the Services is discontinued by WHOOP due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise. 22. | — | Removed |
| 421 | DISPUTE RESOLUTION PLEASE READ THE FOLLOWING SECTION CAREFULLY (“ARBITRATION AGREEMENT”) BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. | — | Removed |
| 422 | Applicability of Arbitration Agreement . | — | Removed |
| 423 | Subject to the terms of this Arbitration Agreement, you and WHOOP agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, including the WHOOP Device, any Tests ordered through the Services, Memberships, Test Subscriptions, any communications you receive, any products sold or distributed by WHOOP, or the Agreement and prior versions of the Agreement (each, a “ Dispute ”) will be resolved by binding arbitration, rather than in court, except that: (1) you and WHOOP may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or WHOOP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). | — | Removed |
| 424 | For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement but that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as disputes that may arise after the termination of this Agreement. | — | Removed |
| 425 | Informal Dispute Resolution . | — | Removed |
| 426 | There might be instances when a Dispute arises between you and WHOOP. | — | Removed |
| 427 | If that occurs, WHOOP is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. | — | Removed |
| 428 | You and WHOOP agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“ Informal Dispute Resolution ”). | — | Removed |
| 429 | You and WHOOP agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“ Informal Dispute Resolution Conference ”). | — | Removed |
| 430 | If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. | — | Removed |
| 431 | To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“ Notice ”). | — | Removed |
| 432 | Such Notice to WHOOP should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215. | — | Removed |
| 433 | The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. | — | Removed |
| 434 | WHOOP will send Notice, including a description of the Dispute, to your email address or regular address on file. | — | Removed |
| 435 | It is your responsibility to ensure your email and regular address are correct and remain up to date. | — | Removed |
| 436 | The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a WHOOP representative). | — | Removed |
| 437 | The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. | — | Removed |
| 438 | The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. | — | Removed |
| 439 | The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution. | — | Removed |
| 440 | Waiver of Jury Trial . | — | Removed |
| 441 | YOU AND WHOOP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. | — | Removed |
| 442 | You and WHOOP are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. | — | Removed |
| 443 | There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. | — | Removed |
| 444 | Waiver of Class and Other Non-Individualized Relief . | — | Removed |
| 445 | EACH OF WHOOP AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. | — | Removed |
| 446 | ONLY INDIVIDUAL RELIEF IS AVAILABLE. | — | Removed |
| 447 | Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. | — | Removed |
| 448 | Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 22.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WHOOP agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts designated by Section 23.1 below. | — | Removed |
| 449 | The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. | — | Removed |
| 450 | All other Disputes shall be arbitrated or litigated in small claims court. | — | Removed |
| 451 | This subsection does not prevent you or WHOOP from participating in a class-wide or mass settlement of claims. | — | Removed |
| 452 | Rules and Forum . | — | Removed |
| 453 | The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. | — | Removed |
| 454 | If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and WHOOP agree that either party shall have the right to finally resolve the Dispute through binding arbitration. | — | Removed |
| 455 | The arbitration will be administered by the National Arbitration & Mediation (" NAM ”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “ NAM Comprehensive Rules ”) in effect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “ NAM Mass Filing Rules ”; together with the NAM Comprehensive Rules, the “ NAM Rules ”), and as modified by this Arbitration Agreement. | — | Removed |
| 456 | The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/ . | — | Removed |
| 457 | A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “ Demand ”). | — | Removed |
| 458 | The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the Account username (if applicable), as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. | — | Removed |
| 459 | Any Demand you send to WHOOP should be sent by email to legalnotices@whoop.com or regular mail to our offices located at One Kenmore Square, #601, Boston, MA 02215. | — | Removed |
| 460 | WHOOP will provide the Demand to your email or regular address on file. | — | Removed |
| 461 | It is your responsibility to keep your contact information up to date. | — | Removed |
| 462 | If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. | — | Removed |
| 463 | Such counsel must also sign the Demand. | — | Removed |
| 464 | By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“ Counsel’s Certification ”). | — | Removed |
| 465 | Unless you and WHOOP otherwise agree, or the Batch Arbitration process discussed in subsection 22.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. | — | Removed |
| 466 | Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. | — | Removed |
| 467 | If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. | — | Removed |
| 468 | Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “ Fee Schedules ”). | — | Removed |
| 469 | You and WHOOP agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. | — | Removed |
| 470 | You and WHOOP agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. | — | Removed |
| 471 | If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer. | — | Removed |
| 472 | Arbitrator . | — | Removed |
| 473 | The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from NAM's roster of consumer dispute arbitrators. | — | Removed |
| 474 | If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 22.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch , subject to your right to object to that appointment. | — | Removed |
| 475 | Authority of Arbitrator . | — | Removed |
| 476 | The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. | — | Removed |
| 477 | The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. | — | Removed |
| 478 | The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. | — | Removed |
| 479 | The award of the arbitrator is final and binding upon you and us. | — | Removed |
| 480 | Judgment on the arbitration award may be entered in any court having jurisdiction. | — | Removed |
| 481 | Attorneys’ Fees and Costs . | — | Removed |
| 482 | Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). | — | Removed |
| 483 | To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules. | — | Removed |
| 484 | Batch Arbitration . | — | Removed |
| 485 | To increase the efficiency of administration and resolution of arbitrations, you and WHOOP agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against WHOOP by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“ Batch Arbitration ”). | — | Removed |
| 486 | NAM shall administer all batches concurrently, to the extent possible. | — | Removed |
| 487 | All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. | — | Removed |
| 488 | To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “ Administrative Arbitrator ”). | — | Removed |
| 489 | In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. | — | Removed |
| 490 | The Administrative Arbitrator’s fees shall be paid by WHOOP. | — | Removed |
| 491 | You and WHOOP agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. | — | Removed |
| 492 | This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. 30-Day Right to Opt Out . | — | Removed |
| 493 | You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legalnotices@whoop.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. | — | Removed |
| 494 | Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. | — | Removed |
| 495 | Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or WHOOP’S rights. | — | Removed |
| 496 | If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. | — | Removed |
| 497 | Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future. | — | Removed |
| 498 | Invalidity, Expiration . | — | Removed |
| 499 | Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 22.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. | — | Removed |
| 500 | However, if Section 22.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts designated by Section 23.1 below. | — | Removed |
| 501 | You further agree that any Dispute that you have with WHOOP as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. | — | Removed |
| 502 | Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. | — | Removed |
| 503 | Modification . | — | Removed |
| 504 | You and we agree that WHOOP retains the right to modify this Arbitration Agreement in the future. | — | Removed |
| 505 | Any such changes will be shared via email and you should check for updates regularly. | — | Removed |
| 506 | Notwithstanding any provision in this Agreement to the contrary, we agree that if WHOOP makes any future material change to this Arbitration Agreement, it will notify you. | — | Removed |
| 507 | Your continued use of the WHOOP Device and/or Services, including the acceptance of products and services offered by WHOOP following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. | — | Removed |
| 508 | If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validity opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. | — | Removed |
| 509 | WHOOP will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement. 23. | — | Removed |
| 510 | GENERAL Governing Law; Venue. | — | Removed |
| 511 | This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA, without respect to its conflict of law provisions. | — | Removed |
| 512 | To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the City of Boston in the Commonwealth of Massachusetts (except for small claims court actions which may be brought in the county where you reside). | — | Removed |
| 513 | We expressly agree to submit to the exclusive personal jurisdiction of those courts. | — | Removed |
| 514 | If you are resident in the EEA, Switzerland or the UK, or a country in which the Arbitration Agreement is prohibited by local law, the Arbitration Agreement does not apply to you, and the Agreement, your use of the Services and any WHOOP Device and any Disputes between WHOOP and you will be exclusively governed by foreign law, and exclusively decided in the courts of Ireland, except to the extent prohibited by law. | — | Removed |
| 515 | If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. | — | Removed |
| 516 | If WHOOP needs to enforce its rights against you as an individual consumer in the EEA, we will do so only in your country of residence. | — | Removed |
| 517 | The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. | — | Removed |
| 518 | Limitation on Claims. | — | Removed |
| 519 | 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. | — | Removed |
| 520 | Assignment. | — | Removed |
| 521 | This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you without our prior written approval, but may be freely assigned by us. | — | Removed |
| 522 | This Agreement will inure to the benefit of our successors and permitted assigns. | — | Removed |
| 523 | Severability. | — | Removed |
| 524 | Subject to Sections 22.4 and 22.11, 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. | — | Removed |
| 525 | Non-Waiver. | — | Removed |
| 526 | 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. | — | Removed |
| 527 | 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. | — | Removed |
| 528 | Entire Agreement. | — | Removed |
| 529 | 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. | — | Removed |
| 530 | Survival. | — | Removed |
| 531 | 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, Dispute Resolution, and General. | — | Removed |
| 532 | Choice of Language. | — | Removed |
| 533 | It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. | — | Removed |
| 534 | This Agreement, and any contract between you and us, are only in the English language. | — | Removed |
| 535 | C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais. | — | Removed |
| 536 | Third Party Distribution Channels. | — | Removed |
| 537 | WHOOP offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“ Distribution Channels ”). | — | Removed |
| 538 | If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. | — | Removed |
| 539 | This Agreement is between you and us only, and not with the Distribution Channel. | — | Removed |
| 540 | 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. | — | Removed |
| 541 | 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. | — | Removed |
| 542 | (“ Apple ”), and that as between WHOOP and Apple, WHOOP, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. | — | Removed |
| 543 | 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. | — | Removed |
| 544 | 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. | — | Removed |
| 545 | Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. | — | Removed |
| 546 | Apple is not responsible for any product warranties, whether express or implied by law. | — | Removed |
| 547 | 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. | — | Removed |
| 548 | 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. | — | Removed |
| 549 | 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. | — | Removed |
| 550 | 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. | — | Removed |
| 551 | 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 24 of this Agreement. | — | Removed |
| 552 | 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. | — | Removed |
| 553 | Electronic Communications . | — | Removed |
| 554 | The communications between you and WHOOP may take place via electronic means, whether you visit the Services or send WHOOP emails, or whether WHOOP posts notices on the Services or communicates with you via email. | — | Removed |
| 555 | For contractual purposes, you (i) consent to receive communications from WHOOP in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WHOOP electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. | — | Removed |
| 556 | The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. | — | Removed |
| 557 | (“ E-Sign ”). | — | Removed |
| 558 | Notice. | — | Removed |
| 559 | Where WHOOP requires that you provide an email address, you are responsible for providing WHOOP with a valid and current email address. | — | Removed |
| 560 | In the event that the email address you provide to WHOOP is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, WHOOP’s dispatch of the email containing such notice will nonetheless constitute effective notice. | — | Removed |
| 561 | You may give notice of any changes to your email address to WHOOP at the address in Section 24 below. | — | Removed |
| 562 | Such notice shall be deemed given when received by WHOOP by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. | — | Removed |
| 563 | Force Majeure. | — | Removed |
| 564 | WHOOP shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. | — | Removed |
| 565 | For U.K. users only: If a force majeure event occurs that affects WHOOP’s performance of its obligations under this Agreement: (i) WHOOP will contact you as soon as reasonably possible to notify you; and (ii) WHOOP’s obligations under this Agreement will be suspended and the time for WHOOP’s performance of its obligations will be extended for the duration of the force majeure event. | — | Removed |
| 566 | You may cancel the Service affected by a force majeure event which has continued for more than 60 days. | — | Removed |
| 567 | To cancel, please contact WHOOP. 24. | — | Removed |
| 568 | CONTACT Contact Us. If you have any questions regarding the Services, please contact Membership Services via support.whoop.com or call 1-833-948-0566. | — | Removed |
| 569 | Our mailing address is Whoop, Inc., One Kenmore Square #601 Boston, MA 02215. | — | Removed |
| 570 | Consumer Complaints – For California Residents. | — | Removed |
| 571 | In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 25. | — | Removed |
| 572 | MEMBERSHIP 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. | — | Removed |
| 573 | Membership Extension You may extend your Membership at the price and for the duration presented to you when you obtain such extension. | — | Removed |
| 574 | 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. | — | Removed |
| 575 | 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. | — | Removed |
| 576 | 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. | — | Removed |
| 577 | Once the remaining new term of your then-current Membership is completed, you will begin the duration of the new Membership you purchased as part of your upgrade. | — | Removed |
| 578 | All renewals will be at the then-current price for the new Membership. | — | Removed |
| 579 | 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. | — | Removed |
| 580 | 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. | — | Removed |
| 581 | Note that this may mean that the new term of your remaining Membership is less than the total number of your current remaining months. | — | Removed |
| 582 | 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. | — | Removed |
| 583 | When your current Membership expires, you will need to purchase a new Membership at the tier you select. | — | Removed |
| 584 | 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 discretion. | — | Removed |
| 585 | At such time you will be required to upgrade in order to maintain your Membership. | — | Removed |
| 586 | You will have the same upgrade options outlined directly above. | — | Removed |
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