The agreement limits WHOOP's liability to exclude indirect, incidental, special, consequential, and punitive damages arising from use of the service, to the maximum extent permitted by applicable law.
This analysis describes what Whoop's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision caps the categories of damages recoverable from WHOOP in any dispute; users who experience harm from data loss, service interruption, or health data mishandling may be limited to direct damages only under these terms. The clause is qualified by applicable law, which may override the limitation in certain jurisdictions.
Interpretive note: The practical scope of the limitation depends on applicable law in each jurisdiction; EU, UK, and some US state mandatory law may override portions of this clause.
Severity reduced from 'high' to 'medium'; liability clause expanded to explicitly cover 'officers, directors, employees, agents, partners, suppliers, or content providers'; aggregate liability cap language appears to be removed in the visible excerpt.
View full change record →Under this clause, WHOOP disclaims liability for indirect, consequential, punitive, and similar categories of damages arising from service use, data loss, or inability to access the service. The limitation is qualified by 'to the maximum extent permitted by applicable law,' which means it may not apply in full in jurisdictions where such limitations are restricted by consumer protection law.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.Excerpt from Whoop's Terms of Use
1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts interact with EU Directive 93/13/EEC on unfair terms, which may render blanket exclusions of liability for personal injury or willful misconduct unenforceable in EU member …
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This provision caps the categories of damages recoverable from WHOOP in any dispute; users who experience harm from data loss, service interruption, or health data mishandling may be limited to direct damages only under these terms. The clause is qualified by applicable law, which may override the limitation in certain jurisdictions.
Under this clause, WHOOP disclaims liability for indirect, consequential, punitive, and similar categories of damages arising from service use, data loss, or inability to access the service. The limitation is qualified by 'to the maximum extent permitted by applicable law,' which means it may not apply in full in jurisdictions where such limitations are restricted by consumer protection law.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whoop.