Last Updated: October 9, 2025

This terms of use agreement covers important information about services provided to you, charges and amounts we bill you, future changes to this agreement, and automatic renewals. Please read them carefully before using the Services.

PLEASE BE AWARE THAT SECTION 22 BELOW CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND WHOOP. AMONG OTHER THINGS, SECTION 22 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 22 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 22 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

If you are a user in the European Economic Area (“EEA“), or any other country that does not allow such Arbitration Agreement, Section 22 below does not apply to you.

Who we are and how this Agreement applies to you

Whoop Inc., with a principal place of business at One Kenmore Square, Boston, MA 02215, USA (“us”, “we”, “our” or “NurseVital”), makes certain products, services, features, and content available through NurseVital website, www.nursevital.com and its subdomains (“NurseVital Site”) and mobile and desktop applications (“NurseVital App”) made available to you, from time to time, (collectively with the NurseVital device, band, and charger or PowerPack (“NurseVital Device”), NurseVital Site, and NurseVital App, the “Service(s)”).

Please read this Terms of Use Agreement (“Agreement”) carefully before using the Services offered by NurseVital. This Agreement sets out the legally binding terms and conditions for:

• your use of the NurseVital Device, including the NurseVital software embedded within the NurseVital Device,
• the NurseVital subscription including provision of a NurseVital Device and access to the Services (“Membership”),
• Subscriptions and access to, and use of, NurseVital Advance Lab Services, and
• other Services.

If you purchased or received a Membership from a third party, including from an authorized third-party retailer or authorized third-party marketplace (each, an “Authorized Reseller”), this Agreement will apply to your use of the Services. This Agreement also applies to your use of the Services if you obtained a Membership for free, including a Free Trial (as defined in Section 7 below).

“You” and “your” refer to the person accessing or using the Services, or if you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to “you” in this Agreement includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

In addition, when using or receiving the Services, you may be subject to any additional terms applicable to such services (“Supplemental Terms”) that may be posted on the Services from time to time, or presented to you for your acceptance when you sign up for or access the additional Services. All such terms are hereby incorporated by reference into this Agreement. If the terms of this Terms of Use Agreement are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such additional service, but only to the extent of such inconsistency.  Supplemental Terms include the Terms of Sale, which govern the purchase of NurseVital Devices and other Products (as defined therein).

By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services. NurseVital may modify this Agreement at any time and such modification will be effective upon posting such modifications to the Services. If a change is material and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and, for users with an Account, the earlier of (i) thirty (30) days after posting and (ii) such user’s agreement or acceptance of the Agreement. By continuing to access or use the Services after such modification, you are agreeing to be legally bound by the modified Agreement. NurseVital may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. You may reject the updated Agreement by emailing NurseVital at support@NurseVital.com stating your name and email address associated with your Account and that you are rejecting the updated Agreement.  Such rejection notice must be received within thirty (30) days of the posting of the updated Agreement.  If timely notice is received, your use of the Services shall remain subject to the prior Agreement until the (i) end of your then-current Membership, (ii) end of any then-current Test Subscriptions, and (iii) expiration or use of all then pending Tests, at which time the updated Agreement shall govern your use of the Services unless you cancel such subscriptions in accordance with this Agreement. By continuing to use the Services after such events, you are agreeing to be legally bound by the modified Agreement.

Your personal data

Details of how we collect and use your personal data are set out in the NurseVital Privacy Policy (nursevital.com/privacy).

1. INTRODUCTION

The NurseVital Membership includes a NurseVital Device plus access to certain Services, including the NurseVital App. The Services may allow you to track information collected by the NurseVital Device, including your recovery, sleep, and strain, and provide insights and coaching. The Services are provided to you by NurseVital and in connection with our partners, service providers, sponsors, or other affiliates.

NurseVital offers multiple Membership options (e.g. Monthly, Annual, and 24-Month). Currently available Membership options and pricing information for each Membership can be found at join.nursevital.com.

2. REGISTRATION

You must pay a subscription fee and open an account to obtain a Membership.

In order to use a Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) as and when due, and create an account on the Services (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username (i) a name of another person with the intent to impersonate that person; (ii) a name subject to any rights of a person other than yourself without appropriate authorization or (iii) a name that is obscene, hateful, racially or ethnically offensive, or is otherwise inappropriate.

You must keep your account details safe

You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission.

You agree to notify us immediately of any breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account directly: see Section 9 of the NurseVital Privacy Policy for further instructions.

3. ELIGIBILITY

Who can set up an Account

You represent and warrant that you are at least 13 years of age or the minimum age mandated by the law of your local jurisdiction to use the Services herein if such age is over 13 years of age, provided that if you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and the Privacy Policy. If you are under age 13 or the age mandated by the law of your local jurisdiction to use the Services herein (if over the age of 13), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

In some countries and jurisdictions, we may set a higher age limit, such as 18 years of age, to set up an Account.

You are not permitted to access the Services where this Agreement or use of the Services is prohibited or restricted, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

4. USE OF THE SERVICES

Your use of the Services is subject to important license terms

NurseVital may make available to you certain text, graphics, images, video, audio, data, analyses, reports, and other information and material through the Services (collectively referred to as the “Content”). The Services includes proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third party large language models (“LLM”). AI Technology made available in the Services includes Whoop Coach.

Subject to this Agreement and your active and valid Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license solely to (i) access and use the Content and (ii) use the AI Technology provided as a part of the Services (other than AI Technologies that are External Services), solely, in each case, to the extent included in your Membership or other Services you are subscribed to, as described at the time of such purchase and solely for your personal use of the Services.

Subject to your compliance with the Agreement, NurseVital grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the WHOOP App on a single mobile device that you own or control and to run such copy of the NurseVital App solely for your own personal use.  Furthermore, with respect to any NurseVital App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this Section, with respect to any NurseVital App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

Use of any software and associated documentation, other than the NurseVital App, that is made available via the Services, including the software embedded within the NurseVital Device (“Software”) is governed by this Agreement.  Subject to your compliance with this Agreement, NurseVital grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement, solely for your personal use.  Some Software may be offered under open source licenses that we will make available to you upon your request. There may be provisions in the open source licenses that expressly override some of these terms.

You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, host, make a derivative version of, distribute, or otherwise commercially exploit any of the Services except with our prior written permission.

You shall not use, copy, display, download, post, republish, store, or transmit in any form and by any means, any part of the Services, including any Content, for any purpose other than as expressly permitted in this Agreement or with our prior written permission.
The Services may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates.

The Services are protected by intellectual property rights, including, for example, patent, trademark, copyright, and database rights. Unauthorized use of the Services may infringe such intellectual property rights and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content or other Services other than the limited rights and licenses as expressly set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content or Services.

If you violate any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
“NurseVital” and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of NurseVital and may not be used without permission in connection with your, or any third-party’s, products or services.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services does not grant you, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner which, in our reasonable judgement, may damage any goodwill in the Third-Party Trademarks.

The Services are provided for personal use only

The Services are provided to you for personal use only and may not be used in connection with any commercial activities except those that are expressly approved by NurseVital in advance in writing.

Links to external third-party sites

The Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services (“User Content”), for which we cannot accept any responsibility or liability. The Services also include access to, links to, and content, recommendations, and data from third-party websites, products and services (“External Services”). The External Services may include AI Technology, including LLM. These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others.

Actions you are specifically prohibited from taking

The following activities are expressly prohibited and the rights and licenses under this Agreement are subject to these restrictions: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security; (iii) use of web scraping, web harvesting, or web data extraction methods from NurseVital Services even if the Account owner gives permission (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iv) using any metatags or other “hidden text” using NurseVital’s name or trademarks; (v) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, or reverse engineering the Services, including any Software, except to the extent this restriction is expressly prohibited by applicable law; (vi) framing or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (vii) any use of the Services which is unlawful or in violation of this Agreement, (viii) any use of the NurseVital Device for purposes other than the Services, and (ix) removing or destroying any copyright notices or other proprietary markings contained on or in the Services.

Necessary Equipment

Use of your Membership is dependent, and other Services may be dependent, upon a supported Whoop Device, supported mobile device and internet access. It is your responsibility to ensure access to the internet and functionality of your mobile device. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.