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
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Nothing in these terms will limit our (or the Service Provider's) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct.
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
These rights are not absolute and they may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data...
"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.Excerpt from Whoop's Terms of Use
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The clause states: “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.”
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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