Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Member," "you," or "your") and HoldMyWhoop, Inc. ("HoldMyWhoop," "Company," "we," "us," or "our"), a Delaware corporation headquartered in San Francisco, California. By accessing or using the HoldMyWhoop platform, website (holdmywhoop.com), mobile applications, or any of our wearable proxy services (collectively, the "Services"), you agree to be bound by these Terms in their entirety.

If you do not agree to these Terms, you may not access or use the Services. You may also not use the Services if you are the kind of person who "doesn't need a Holder because you actually work out." We respect that. This service is not for you.

2. Description of Services

HoldMyWhoop provides biometric delegation services through which Members are matched with vetted, high-performance athletes ("Holders") who wear the Member's personal fitness tracking device on the Member's behalf. The Services include, but are not limited to:

• Proprietary matching algorithms that pair Members with Holders based on geographic proximity, Score Preferences, strain target compliance capabilities, and lifestyle narrative compatibility
• Secure device handoff coordination through our network of GPS-verified secure drop points, utilizing tamper-evident biometric pouches with full chain-of-custody documentation
• A 48-hour device calibration period during which data patterns are normalized to ensure seamless biometric continuity
• Continuous device wear by the matched Holder in accordance with the Member's selected service tier (16 hours/day for Starter, 24/7 for Premium and Elite)
• Weekly performance reports, real-time score notifications (Premium and above), and personalized Lifestyle Narrative Guides (Premium and above)
• The Rapid Rematch Protocol, the Soft Landing Program, and the Green Score Guarantee, each as described herein

HoldMyWhoop is not a healthcare provider, medical device manufacturer, fitness coaching service, or therapeutic intervention. We are a technology-enabled wearable proxy platform. We do not generate biometric data; we delegate the generation of biometric data to qualified professionals on your behalf.

3. Eligibility

To use the Services, you must: (a) be at least 18 years of age; (b) reside in a supported metropolitan area; (c) own a compatible wearable fitness tracking device; (d) provide accurate account and payment information; and (e) not be currently subject to any anti-doping, athletic integrity, or competition compliance investigation that would be materially impacted by the use of delegated biometric data.

Members who are active professional athletes, coaches, or officials affiliated with organizations that maintain biometric data integrity policies must disclose this affiliation during onboarding. HoldMyWhoop offers a specialized Covert Wear Program for such individuals, which includes enhanced biometric discretion protocols. Enrollment in the Covert Wear Program does not constitute an admission that you are violating any rule or regulation. It simply means you prefer additional precautions. We understand.

4. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration and onboarding, including truthful Score Preferences and realistic lifestyle narrative parameters
• Promptly update your account information if your circumstances change, including changes to your metropolitan area, desired score ranges, or social situations that may require narrative adjustments
• Not share your account credentials with any third party. Your HoldMyWhoop account is as personal as the biometric data it represents. More personal, in fact, given that the biometric data technically belongs to someone else
• Not use the Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms. We note that the definition of "fraudulent" in the context of biometric delegation remains an evolving area of law
• Not attempt to contact your Holder outside of approved HoldMyWhoop communication channels, including but not limited to: in-person visits, social media contact, Strava follow requests, or showing up at their gym

5. Payment Terms

Membership fees are charged monthly in advance at the rate corresponding to your selected service tier: Starter ($99/month), Premium ($199/month), or Elite ($499/month). All fees are quoted in U.S. dollars and are non-refundable except as expressly provided under the Green Score Guarantee (Section 6).

Tier upgrades take effect immediately and are prorated for the remainder of the current billing cycle. Tier downgrades take effect at the beginning of the next billing cycle. Please note that downgrading from Elite to Starter may result in a noticeable decline in the quality of your delegated biometric data, which may prompt questions from friends, colleagues, or partners who have become accustomed to your current performance metrics. We recommend the Soft Landing Program (Section 7) as an alternative to abrupt downgrades.

Additional fees may apply for the following optional services: on-demand surge sessions ($25-$75 per session), weekend warrior packages ($50/weekend), sauna and cold plunge add-ons ($35 per session), and white-glove courier service for device handoffs ($15 per handoff, Elite tier only). Custom strain requests exceeding 20.0 on the daily strain scale are subject to a surcharge determined at the time of request based on Holder availability and physiological feasibility.

6. Green Score Guarantee

HoldMyWhoop guarantees a minimum 20-point improvement in your average recovery score within the first 30 days of active Holder engagement (the "Green Score Guarantee"). If your average recovery score does not improve by at least 20 points compared to your pre-enrollment baseline, your subsequent month of service will be provided at no charge.

The Green Score Guarantee is subject to the following conditions: (a) your device must be successfully handed off to your Holder within 5 business days of matching; (b) your Holder must not have experienced an injury, illness, or force majeure event during the guarantee period; (c) you must not have interfered with the device, worn the device yourself, or otherwise disrupted the Holder's biometric output during the guarantee period; and (d) your pre-enrollment recovery score baseline must have been at or below 65% (Members with pre-existing high recovery scores have limited room for demonstrable improvement and should consider whether they actually need this service).

In three years of operation, we have issued fewer than a dozen Green Score Guarantee credits. The scores, as we are fond of saying, speak for themselves.

7. Cancellation and the Soft Landing Program

You may cancel your HoldMyWhoop membership at any time through your account dashboard or by contacting support@holdmywhoop.com. Upon cancellation, your Holder will return your device via secure drop point within 48 hours. Your membership will remain active through the end of your current billing cycle.

We strongly recommend that canceling Members enroll in our optional 30-day Soft Landing Program ($49 one-time fee). The Soft Landing Program is designed for Members who are concerned about the social, professional, or interpersonal consequences of a sudden decline in their biometric data. During the Soft Landing period, your Holder will gradually reduce their activity levels over four weeks, producing a slow, natural-looking decline in recovery scores, strain output, and sleep performance that can be plausibly attributed to "a tough month at work," "seasonal allergies," or "taking a recovery week."

The Soft Landing Program includes a customized narrative transition guide with suggested talking points for explaining your declining scores to concerned parties. HoldMyWhoop assumes no liability for Members who decline the Soft Landing Program and subsequently experience uncomfortable questions about their abruptly deteriorated fitness metrics.

We note, for the record, that approximately 68% of Members who cancel their membership re-subscribe within 90 days. We welcome them back without judgment.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLDMYWHOOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO:

• Social consequences resulting from sudden changes in your biometric data, including but not limited to: suspicious questions from partners, skepticism from colleagues, loss of leaderboard standing, or revocation of informal "fitness credibility" among peers
• Interpersonal complications arising from a discrepancy between your delegated biometric data and your actual physical appearance, stamina, or athletic ability
• Loss of social capital, professional opportunities, or romantic prospects that were obtained or maintained through reliance on delegated biometric data
• Emotional distress caused by viewing your actual biometric data after a period of Holder-generated data, sometimes referred to internally as "reality re-entry shock"
• Damage to your wearable device during handoff, transit, or active holding, beyond the replacement cost of the device itself
• Any action taken by the manufacturer of your wearable device, including but not limited to account suspension, data invalidation, or firmware updates that disrupt our calibration protocols

IN NO EVENT SHALL HOLDMYWHOOP'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO HOLDMYWHOOP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Intellectual Property

All content, features, and functionality of the Services, including but not limited to: the HoldMyWhoop name, logo, and branding; our proprietary matching algorithms; the Lifestyle Narrative Guide framework; the Soft Landing Program methodology; the Rapid Rematch Protocol; strain target compliance models; and the tamper-evident biometric pouch design, are owned by HoldMyWhoop, Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial biometric delegation needs. You may not reproduce, distribute, modify, create derivative works of, or publicly display any HoldMyWhoop content without our prior written consent. You may, however, freely share the biometric data generated by your Holder as if it were your own. That is, after all, the entire point.

The term "biometric delegation" as used in the context of third-party wearable device services is a trademark of HoldMyWhoop, Inc. Unauthorized use of this term in connection with competing wearable proxy services is strictly prohibited.

10. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by this Section.

Arbitration shall be conducted by a single arbitrator in San Francisco, California. The arbitrator shall have expertise in technology services agreements and, ideally, a working familiarity with the wearable fitness technology ecosystem. The arbitrator's decision shall be final and binding.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against HoldMyWhoop. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

All arbitration proceedings shall be conducted under strict confidentiality. Neither party shall disclose the existence, content, or results of any arbitration to any third party, except as required by law. This confidentiality provision exists to protect both HoldMyWhoop's proprietary business methods and your biometric delegation arrangement from public disclosure.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in San Francisco County, California.

12. Modifications to Terms

HoldMyWhoop reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the "Last updated" date. For changes that affect your service tier, pricing, Green Score Guarantee terms, or Holder-Member confidentiality obligations, we will provide at least 30 days' advance notice via email.

Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services and initiate the cancellation process described in Section 7. We will miss you. Your Holder may also miss you, though per our confidentiality protocols, they will never be permitted to tell you so.

13. Contact Information

For questions about these Terms of Service, please contact us: