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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
This is WHOOP's Terms of Use, governing your use of the WHOOP fitness wearable, app, and membership subscription that continuously collects your biometric health data including heart rate, sleep patterns, and recovery metrics. The most important thing to know is that by using WHOOP, you agree to binding arbitration and waive your right to sue WHOOP in court or join a class action lawsuit, with only a 30-day window from account creation to opt out of this requirement. If you want to preserve your right to take WHOOP to court, you must send a written opt-out notice to legal@whoop.com within 30 days of creating your account.
This document governs use of WHOOP's website, mobile application, wearable hardware, and subscription-based membership services, establishing a binding contract between users and WHOOP Inc. (a Delaware corporation headquartered in Boston, Massachusetts). The terms authorize WHOOP to collect biometric and health data including heart rate, sleep, strain, and recovery metrics continuously through the wearable device, and the agreement states that users grant WHOOP a broad, royalty-free, worldwide license to use user-generated content and feedback without compensation or attribution obligations. Notably, the terms include a mandatory binding arbitration clause with a class action waiver, a 30-day opt-out window for arbitration that begins at account creation, and a limitation of liability cap set to the greater of fees paid in the prior 12 months or $100, which is narrower than some consumer-facing subscription services and may face enforceability scrutiny in certain jurisdictions. The document engages CCPA and CPRA for California residents, GDPR for EU/EEA users, and given the continuous collection of physiological biometric data, the document's data practices may require evaluation under state biometric privacy laws such as Illinois BIPA and similar state-level frameworks; HIPAA likely does not apply as WHOOP is not a covered entity, though the sensitivity of health data collected warrants attention. The terms state that WHOOP reserves the right to modify the agreement with notice, and continued use constitutes acceptance, a mechanism that compliance teams should note alongside the auto-renewal subscription structure that requires affirmative cancellation to avoid recurring charges.
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