Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the services, content, products, websites, and applications made available by WhoopTech (together with its subsidiaries and affiliates, “WhoopTech”). These Terms, along with our Privacy Policy, are a legal agreement between you and WhoopTech. By accessing or using our Services, you agree to be bound by these Terms.
Eligibility
You affirm you are over 16 years of age and legally able to enter into an agreement. If you are between 16 and 18 years of age, you affirm that you have obtained consent from your legal guardian before accessing or using our Services. Certain features or services may require you to be older. If you are accepting these Terms on behalf of a company or other entity, you affirm you have the authority to do so.
Content and Use Restrictions
Our Services and Content are protected intellectual property including copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights. You may view, access, and use our Content and Services for your personal and noncommercial use. You may not republish, copy, decompile, reverse engineer, distribute, retransmit, alter, or otherwise exploit any of our Content or Services.
User Content
We may permit you to upload content you own to our Services such as comments, posts, photos, videos, audio files, and other materials (“User Content”). By uploading such content, you grant us license and permission to use your User Content without payment in connection with our Services. You affirm the rights in and ownership of your User Content and have all necessary consent and permissions for us to use your User Content.
Purchases and Payments
If you elect to make purchases through our Services, by proceeding with the transaction, you affirm you are of legal age and capacity to enter into the purchase transaction. Any terms and conditions associated with a purchase may be subject to additional agreements between you and us or the third party providing the purchase. All payment and purchase terms are subject to change.
Termination
These Terms remain effective until terminated. Either you or WhoopTech may terminate your account, your ability to access our Services, and these Terms at any time with or without cause. Certain provisions may survive termination including disclaimers of warranties, indemnification limitations of liability, and prohibitions on intellectual property infringement.
Changes and Updates
We reserve the right to modify these terms from time to time. If we make material changes, we will notify you by posting notice on our Services or by sending you email or other communication before the new Terms take effect. Your continued use of our Services after any change becomes effective constitutes your acceptance of the new Terms. If you object to any subsequent version of these Terms, you must discontinue using our Services.
Disclaimers and Limitations of Liability
Our Services and Content are provided “AS IS” without warranties of any kind including fitness for a particular purpose. We make no representations and disclaim implied warranties including merchantability, satisfactory quality, accuracy, timeliness, completeness, non-infringement, or fitness for any purpose. We are not liable for any harm related to the accuracy, timeliness or completeness of information provided by us.
To the fullest extent allowed by law, WhoopTech shall not be liable for any direct, indirect, punitive, incidental or consequential damages related to your access or use of our Services. This limitation applies regardless if the damages arise under contract, tort, negligence strict liability or other theories.
Indemnification
Upon request, you agree to defend, indemnify, and hold WhoopTech harmless from any third-party claims, damages, liabilities, costs, and expenses including reasonable attorney fees and expenses arising from your access or use of our Services, any User Content you provide, or your violation of these Terms.
General Provisions
California users may opt out of arbitration within 30 days of the first consumer arbitration clause. These Terms will be governed by California law. All other users are subject to binding arbitration. For all disputes, WhoopTech and you consent to personal jurisdiction and venue in Santa Clara County, California. The failure of WhoopTech to exercise or enforce rights does not waive our ability to enforce such right. If any provision in these Terms is found invalid or unenforceable, the remaining Terms will remain in effect. These Terms constitute the entire agreement between you and WhoopTech with respect to use of the Services.
