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.
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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"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 Whoop 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 states. UK Consumer Rights Act 2015 similarly restricts liability exclusions for consumer contracts. US state consumer protection statutes may limit the enforceability of broad liability caps. 2) GOVERNANCE EXPOSURE: Medium. The limitation is standard boilerplate but is materially significant in the context of continuous health data collection; a user who alleges harm from reliance on inaccurate physiological readings may encounter this limitation in any damages recovery. 3) JURISDICTION FLAGS: EU and UK mandatory consumer protection law limits the enforceability of consequential damages exclusions in consumer contracts. California and other US states may limit liability exclusions where gross negligence or intentional misconduct is involved. 4) CONTRACT AND VENDOR IMPLICATIONS: The limitation applies to WHOOP's officers, directors, employees, agents, partners, suppliers, and content providers, effectively extending the liability shield to WHOOP's third-party service providers operating under the platform. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the limitation of liability clause, as applied to health data loss or device malfunctions, is consistent with applicable consumer protection law in each market where WHOOP operates, particularly the EU and UK.
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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.
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