WHOOP may modify the Terms of Use at any time and will provide notice by email or in-app notification; continued use of the service after modification constitutes acceptance of the updated terms.
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 authorizes WHOOP to update the contractual terms governing the service unilaterally, with acceptance inferred from continued use after notice. The notice mechanism relies on email or in-app notification rather than affirmative consent, which may create tension with EU and UK consumer contract requirements.
Interpretive note: EU and UK enforceability of unilateral modification by continued use is uncertain and depends on whether changes are material and whether adequate notice and consumer rights are preserved under applicable mandatory law.
Under this clause, the terms governing WHOOP's services may be updated at any time; users who continue using the service after receiving notice of changes are deemed to have accepted the revised terms. Users who do not agree to updated terms should discontinue use and close their account before the effective date of the changes.
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"WHOOP reserves the right to modify these Terms at any time. We will provide notice of any material changes by email or through the Service. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms.— Excerpt from Whoop's Whoop Terms of Use
1) REGULATORY LANDSCAPE: Unilateral modification clauses interact with EU Directive 93/13/EEC on unfair contract terms, which may render unilateral modification provisions unenforceable against consumers in the EU unless adequate notice and consumer rights are preserved. UK Consumer Rights Act 2015 imposes similar constraints. FTC Act unfairness standards apply in the US context. 2) GOVERNANCE EXPOSURE: Medium. The clause is common in consumer technology agreements but is operationally significant for a platform that collects continuous health data; material changes to data handling or arbitration terms delivered through this mechanism may face enforceability challenges in the EU, UK, and some US state courts. 3) JURISDICTION FLAGS: EU and UK consumer protection law may require affirmative consent to material contract changes rather than permitting acceptance by continued use, particularly where the changes affect data processing, subscription fees, or dispute resolution rights. California courts have examined whether continued use constitutes meaningful consent to modified terms. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether corporate wellness agreements with WHOOP include separate change notification procedures or whether consumer-facing unilateral modification terms apply to institutional accounts. 5) COMPLIANCE CONSIDERATIONS: Legal teams should monitor communications channels for WHOOP term modification notices and assess whether any updates to arbitration, data licensing, or billing terms require affirmative user consent under applicable law before those changes can be enforced.
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This provision authorizes WHOOP to update the contractual terms governing the service unilaterally, with acceptance inferred from continued use after notice. The notice mechanism relies on email or in-app notification rather than affirmative consent, which may create tension with EU and UK consumer contract requirements.
Under this clause, the terms governing WHOOP's services may be updated at any time; users who continue using the service after receiving notice of changes are deemed to have accepted the revised terms. Users who do not agree to updated terms should discontinue use and close their account before the effective date of the changes.
ConductAtlas has identified this type of provision across 62 platforms. See the full comparison.
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