9 Total
3 High severity
5 Medium severity
1 Low severity
Summary

WHOOP's Terms of Use establish the contractual framework for using WHOOP wearable devices, the mobile app, and subscription membership services. The agreement requires users to submit disputes through individual arbitration rather than court proceedings, waives the right to participate in class actions, and authorizes WHOOP to charge recurring membership fees that are generally non-refundable once a billing period has begun. The terms also grant WHOOP a royalty-free, worldwide license to use any content users submit to the platform, including posts, photos, and other user-generated material.

Technical / Legal Breakdown

This document is WHOOP's Terms of Use governing access to and use of WHOOP's website, mobile application, wearable hardware, and subscription-based membership services, with the agreement stating it constitutes a legally binding contract between the user and WHOOP, Inc. The terms authorize WHOOP to collect biometric and health-related data including heart rate, sleep patterns, respiratory rate, and activity metrics; grant WHOOP a broad royalty-free license to use content submitted by users; and establish that membership fees are charged on a recurring subscription basis with limited refund rights. The agreement includes a mandatory individual arbitration clause with a class action waiver, a shortened dispute notice requirement, and a unilateral right for WHOOP to modify the terms at any time with notice via email or in-app notification, provisions that are common in consumer technology agreements but operationally significant given the sensitive health data context; the agreement asserts broader content license rights than some health-focused platforms and does not distinguish between identifiable and de-identified data in the license grant. The document engages CCPA for California residents, GDPR frameworks for EU/EEA users through a separate Privacy Policy reference, and FTC Act consumer protection standards; the collection and processing of physiological data such as heart rate variability, blood oxygen, and sleep staging may also require evaluation under applicable state biometric privacy statutes including Illinois BIPA and Texas CUBI, depending on how WHOOP processes and stores sensor-derived biometric identifiers. Compliance teams should note that the arbitration clause and class action waiver, while common, interact with California consumer protection law and EU consumer rights frameworks, which may limit enforceability in those jurisdictions.

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1 important change detected

2 versions captured · Last updated: May 2026

What changed Whoop reduced the restocking fee charged to customers who cancel their trial but fail to return the device within the return period. The fee decreased from $129 to $110 on May 14, 2026. This means customers who do not return their device during the specified period will owe $19 less than previously stated.
Why this matters The updated terms reduce the financial penalty applied when trial customers cancel their subscription but do not return their WHOOP device within the designated return period. Previously, this fee was $129; it is now $110. This change lowers the out-of-pocket cost consumers face if they fail to complete the return process within the required timeframe.
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Recent Provision Changes May 14, 2026

8 provisions unchanged.

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High — 3 provisions
Medium — 5 provisions
Low — 1 provision

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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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GDPR
European Union
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Archival ProvenanceSource & Archival Record
Last Captured May 14, 2026 01:21 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000739
Version ID CA-V-002598
SHA-256 276ac2e780770a27785ab00b80d5cb72bd913274034c8ed2f191671de954cb98
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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