| Before | After | ||
|---|---|---|---|
| 15 | GENERAL Headspace Terms & Conditions These Terms & Conditions have been prepared in English and translated into the following languages. | 15 | GENERAL Headspace Terms & Conditions Table of Contents 1. |
| 16 | WHAT YOU’RE SIGNING UP FOR 2. | ||
| 17 | JOINING THE HEADSPACE COMMUNITY 3. | ||
| 18 | CANCELING MEMBERSHIP 4. | ||
| 19 | PROHIBITED USE OF THE PRODUCTS AND SERVICES 5. | ||
| 20 | MATTERS OF OWNERSHIP 6. | ||
| 21 | AVAILABILITY OF PRODUCTS AND SERVICES 7. | ||
| 22 | USER MATERIAL 8. | ||
| 23 | THIRD PARTY TERMS AND LINKS 9. | ||
| 24 | ASSUMPTION OF RISK 10. | ||
| 25 | WARRANTIES AND DISCLAIMERS 11. | ||
| 26 | DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE 12. | ||
| 27 | ELECTRONIC COMMUNICATIONS CONSENT 13. | ||
| 28 | INTERNATIONAL USE 14. | ||
| 29 | DISPUTE RESOLUTION & BINDING ARBITRATION 15. | ||
| 30 | GENERAL These Terms & Conditions has been prepared in English and translated into the following languages. | ||
| 18 | Czech | Dutch | English | French | German | Hindi | Hungarian | Italian | Japanese | Korean | Malay | Polish | Portuguese | Russian | Simplified Chinese | Spanish Effective: June 24, 2025. | 33 | Czech | Dutch | English | French [Canada] | | French [Europe] | German | Hindi | Hungarian | Italian | Japanese | Korean | Malay | Mandarin | Polish | Portuguese | Russian | Spanish [Latin America] | Spanish [Spain] Effective: March 30, 2026. |
| 19 | If you are visually impaired, have another disability or seek support in other languages, you may access these Terms by emailing us at help@headspace.com. | 34 | If you are visually impaired, have another disability or seek support in other languages, you may access these Terms by emailing us at help@headspace.com . |
| 42 | WHAT YOU’RE SIGNING UP FOR 1.1 PRODUCTS AND SERVICES Products include, without limitation, meditation and mindfulness content for stress, sleep, focus and movement. | 57 | WHAT YOU’RE SIGNING UP FOR 1.1 PRODUCTS AND SERVICES Products include, without limitation, meditation and mindfulness content for stress, sleep, focus and movement and Headspace’s conversational AI feature, Ebb. |
| 51 | If you think that there is a mistake in these Terms or an Order, please contact us by emailing help@headspace.com. | 66 | If you think that there is a mistake in these Terms or an Order, please contact us by emailing help@headspace.com . |
| 70 | This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions. 2.2 CHILDREN Our Products and Services are generally intended for individuals at least 18 years of age. | 85 | This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions. 2.2 CHILDREN (a) Our Products and Services are intended for individuals at least 18 years of age. |
| 71 | There are limited exceptions: (a) If you are in the US and 13-17 years old, you may access our Products via certain Benefit Sponsor (as defined in Section 2.5) offerings, including but not limited to certain employer offerings. | 86 | There are limited exceptions: If you are in the US or UK and 13-17 years old or if you are in the EU and 16-17 years old, you may access our Products via certain Benefit Sponsor (as defined in Section 2.5) offerings, including but not limited to certain employer offerings. |
| 73 | (b) If you are in the US and 13-17 years old, you may access our Services via certain Benefit Sponsor offerings with verifiable parent or guardian consent. | 88 | If you are in the US and 13-17 years old, you may access our Services via certain Benefit Sponsor offerings with verifiable parent or guardian consent. |
| 74 | (c) Members with access to our EAP services (as defined in Section 8) may refer their child of at least 6 years old to receive access to EAP services, including in-person clinical support. | 89 | Members with access to our EAP services (as defined in Section 8) may refer their child of at least 6 years old to receive access to EAP services, including in-person clinical support. |
| 76 | (d) If you are in the US and 13-17 years old, you may access our Products via our Headspace for Teens offering. | 91 | If you are in the US and 13-17 years old, you may access our Products via our Headspace for Teens offering. |
| 77 | We do not support Members under the age of 13. | 92 | (b) Our AI Companion, Ebb, is intended to be used only by individuals 18 years or older. |
| 93 | (c) Headspace does not support Members under the age of 13. | ||
| 79 | This content is only meant for you to share with your child under your supervision, and does not require or allow your child to sign up as a registered user. 2.3 SUBSCRIPTIONS & PURCHASES (a) Free Trials. | 95 | This content is only meant for you to share with your child under your supervision, and does not require or allow your child to sign up as a registered user. 2.3 SUBSCRIPTIONS & NON-RECURRING PURCHASES (a) Free Trials. |
| 90 | If you activate a Subscription, you authorize Headspace to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. | 106 | If you activate a Subscription, you authorize Headspace to periodically charge the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”), on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums . |
| 93 | (c) Subscription Cancellation. | 109 | (c) No Refunds on Subscriptions. |
| 94 | You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. | 110 | You will not have the right to receive a refund for any Subscription unless otherwise required by applicable law. |
| 95 | See more about cancellation at Section 3. | 111 | (d) Subscription Methods. |
| 96 | (d) No Refunds on Subscriptions. | — | Removed |
| 97 | Refunds cannot be claimed for any partial Subscription Term. | — | Removed |
| 98 | Headspace will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). | — | Removed |
| 99 | You will only have access to the Products and Services while your Subscription is active and subsisting. | — | Removed |
| 100 | (e) Subscription Methods. | — | Removed |
| 102 | Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. | 113 | If you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. |
| 107 | (f) Gift Subscriptions. “Gift Subscriptions” are pre-paid memberships to the Products. | 118 | (e) Gift Subscriptions . “Gift Subscriptions” are pre-paid memberships to the Products. |
| 120 | Gift Subscriptions are sold by a Headspace Entity, a California limited liability company (“GiftCo”). | ||
| 112 | Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store,our iPhone application, the Google Play Store, or our Android application. | 124 | Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store, our iPhone application, the Google Play Store, or our Android application. |
| 113 | We will automatically bill the Payment Method that the Giftor provided for any purchased Gift Subscriptions at the time of purchase, not upon delivery to or redemption by Recipient. | 125 | GiftCo will automatically bill the Payment Method that the Giftor provided for any purchased Gift Subscriptions at the time of purchase, not upon delivery to or redemption by Recipient. |
| 115 | Headspace will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. | 127 | Neither Headspace nor GiftCo is responsible if a Gift Subscription is lost, stolen or used without permission. |
| 116 | Headspace is not responsible if a Gift Subscription is lost, stolen or used without permission. | 128 | (f) Non-Recurring Purchases. |
| 117 | (g) Purchases. | — | Removed |
| 126 | (h) Discounts. | 137 | (g) Discounts. |
| 131 | (i) Prices in US Dollars and Euros include local taxes. | 142 | (h) Prices . |
| 132 | Prices in Pound Sterling include VAT unless otherwise stated. | 143 | Prices are inclusive for value added taxes (“VAT”). |
| 134 | If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. 2.4 PAYMENT TERMS (a) Your use of the Products and Services may require you to pay fees. | 145 | If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. |
| 146 | Prices may be exclusive of US sales taxes and, if applicable, will be added on top of a transaction as legally required. | ||
| 147 | Tax rates are based on the rates applicable at the time of your monthly charge. | ||
| 148 | These amounts can change over time with local tax requirements in your country, state, territory, county, or city. | ||
| 149 | Any change in tax rate will be automatically applied based on the account information you provide. 2.4 PAYMENT TERMS (a) Your use of the Products and Services may require you to pay fees. | ||
| 150 | You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise stated in your Benefit Sponsor terms and conditions or otherwise agreed to in writing between the parties. | ||
| 151 | Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. | ||
| 139 | (b) You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise stated in your Benefit Sponsor terms and conditions or otherwise agreed to in writing between the parties. | 156 | (b) In order to access the Products and Services, you may be required to provide your payment information. |
| 140 | Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. | — | Removed |
| 141 | In order to access the Products and Services, you may be required to provide your payment information. | — | Removed |
| 156 | CANCELING MEMBERSHIP 3.1 CANCELLATION BY US We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. | 171 | CANCELING MEMBERSHIP 3.1 CANCELLATION BY US We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms, including without limitation those listed in Section 4. |
| 157 | A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services or recording of the Services. | — | Removed |
| 161 | If this happens, Headspace will use reasonable efforts to give you seven (7) days’ notice before access to the Products or Services is terminated. 3.2 CANCELLATION BY YOU (a) You may cancel your Subscription at any time. | 175 | If this happens, Headspace will use reasonable efforts to give you seven (7) days’ notice before access to the Products or Services is terminated. 3.2 CANCELLATION BY YOU (a) You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. |
| 163 | Please make any such cancellation by visiting here or emailing help@headspace.com. | 177 | Please make any such cancellation by visiting here or emailing help@headspace.com . |
| 164 | (b) Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. | 178 | (b) If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Products until the end of your current subscription period. |
| 179 | (c) If you purchased your Subscription through the Apple iTunes Store or our iPhone application, you must cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. | ||
| 170 | PROHIBITED USE OF THE PRODUCTS AND SERVICES By using the Products and Services you agree not to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services; (b) record the Services, including any coaching, therapy or psychiatry session; (c) use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever; (d) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services; (e) interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services; (f) access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law (g) circumvent any territorial restrictions applied to the Products or Services; (h) perform any fraudulent activity including impersonating any other person or entity while using the Products or Services; (i) conduct yourself in an offensive manner while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease); (j) use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes); (k) use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of Headspace; (l) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use; (m) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (n) use any automated tools or systems to extract, collect, or analyze data or content from the Products or Services for any purpose, including training machine learning models or large language models (LLMs) without the express written consent of Headspace; (o) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or (p) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms. | 185 | PROHIBITED USE OF THE PRODUCTS AND SERVICES By using the Products and Services you agree not to: copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services; record the Services, including any coaching, therapy or psychiatry session; use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever; upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services; interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services; access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law; circumvent any territorial restrictions applied to the Products or Services; perform any fraudulent activity including impersonating any other person or entity while using the Products or Services; conduct yourself in an offensive manner while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease); use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes); use or attempt to use the Products or Services in a way that is outside of the scope of what our Products or Services are intended to safely and responsibly provide. use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of Headspace; rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; use any automated tools or systems to extract, collect, or analyze data or content from the Products or Services for any purpose, including training machine learning models or large language models (LLMs) without the express written consent of Headspace; sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms. |
| 179 | The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. (b) Materials on or in the Products or Services are the property of Headspace or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. (c) Audio or video content from Headspace not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. (d) The Products and Services are not intended for your commercial use. | 194 | The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. |
| 195 | (b) Materials on or in the Products or Services are the property of Headspace or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. | ||
| 196 | (c) Audio or video content from Headspace not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. | ||
| 197 | (d) The Products and Services are not intended for your commercial use. | ||
| 184 | Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. (e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. | 202 | Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. |
| 203 | (e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. | ||
| 186 | Headspace will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.2 TRADEMARKS Headspace®, the Headspace logo and all other Headspace product or service marks are trademarks of Headspace. | 205 | Headspace will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.2 TRADEMARKS Headspace®, the Headspace logo and all other Headspace product or service marks are trademarks of Headspace. |
| 194 | We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time. Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. | 213 | We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time. |
| 214 | Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. | ||
| 196 | In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@headspace.com. We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. | 216 | In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@headspace.com . |
| 217 | We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. | ||
| 198 | Apart from the pro rata refund of any prepaid fees in Section 3.1, you agree that Headspace will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services. Notwithstanding anything to the contrary in these Terms, Headspace’s affiliated medical providers and partners, such as Ginger.io of California Medical P.C., will retain coaching records and medical records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law, and provide you access thereto in accordance with Applicable Law. 7. | 219 | Apart from the pro rata refund of any prepaid fees in Section 3.1, you agree that Headspace will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services. |
| 199 | USER MATERIAL 7.1 The Products and Services may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. “User Material” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. | 220 | Notwithstanding anything to the contrary in these Terms, Headspace’s affiliated medical providers and partners, such as Headspace Medical Group (CA) P.C., will retain coaching records and medical records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law, and provide you access thereto in accordance with Applicable Law. 7. |
| 221 | USER MATERIAL The Products and Services may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. “User Material” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. | ||
| 202 | If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. 7.2 We do not systematically review all User Material submitted by you or other users. | 224 | If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. |
| 225 | We do not systematically review all User Material submitted by you or other users. | ||
| 208 | We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. 7.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products or Services, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice. 7.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace or other third parties. | 231 | We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. |
| 232 | We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products or Services, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice. We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace or other third parties. | ||
| 210 | We may indirectly commercially benefit from use of your User Material. 7.5 Each time you submit User Material to us, you represent and warrant to us as follows: (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract. | 234 | We may indirectly commercially benefit from use of your User Material. |
| 211 | (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. | 235 | Each time you submit User Material to us, you represent and warrant to us as follows: You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract. |
| 212 | (c) Your User Material does not advertise any product or service or solicit any business. | 236 | Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. |
| 213 | (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person. | 237 | Your User Material does not advertise any product or service or solicit any business. |
| 214 | (e) You will not collect email addresses of users for the purpose of sending unsolicited email. | 238 | Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person. |
| 215 | (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. | 239 | You will not collect email addresses of users for the purpose of sending unsolicited email. |
| 216 | (g) You will not engage in any automated use of the system, such as using scripts to alter our content. | 240 | You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. |
| 217 | (h) You will not access, tamper with, or use non-public areas of the Products or Services, Headspace’s computer systems, or the technical delivery systems of Headspace’s providers. | 241 | You will not engage in any automated use of the system, such as using scripts to alter our content. |
| 218 | (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other Headspace system or network or breach any security or authentication measures. 7.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. 7.7 User Material is not considered to be confidential. | 242 | You will not access, tamper with, or use non-public areas of the Products or Services, Headspace’s computer systems, or the technical delivery systems of Headspace’s providers. |
| 243 | Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other Headspace system or network or breach any security or authentication measures. | ||
| 244 | We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. | ||
| 245 | User Material is not considered to be confidential. | ||
| 225 | You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material. 7.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. | 252 | You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material. |
| 253 | Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. | ||
| 230 | THIRD PARTY TERMS AND LINKS 8.1 At times, we may contract with a third party to support the Products or Services we offer to you or to directly provide Services to you, such as Employee Assistance Program (“EAP”) services. | 258 | THIRD PARTY TERMS AND LINKS At times, we may contract with a third party to support the Products or Services we offer to you or to directly provide Services to you, such as Employee Assistance Program (“EAP”) services. |
| 233 | We reserve the right to change third-party providers in our sole discretion. 8.2 The Products and Services may integrate, be integrated into, or be provided in connection with third-party products, services and content. | 261 | We reserve the right to change third-party providers in our sole discretion. |
| 262 | The Products and Services may integrate, be integrated into, or be provided in connection with third-party products, services and content. | ||
| 235 | These third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information. 8.3 We may provide links to other websites or services for you to access. | 264 | These third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information. |
| 265 | We may provide links to other websites or services for you to access. | ||
| 239 | We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 8.4 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. | 269 | We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. |
| 270 | You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. | ||
| 244 | If you wish to make any use of material on or in the Products or Services other than that set out above, please address your request to help@headspace.com. 9. | 275 | If you wish to make any use of material on or in the Products or Services other than that set out above, please address your request to help@headspace.com . 9. |
| 249 | EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT: (a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. | 280 | EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT: IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. |
| 250 | IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM; (b) HEADSPACE (WITH THE EXCEPTION OF ITS AFFILIATED MEDICAL PROVIDERS) IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER; (c) HEADSPACE IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (d) ANY WRITTEN MATERIAL PROVIDED BY HEADSPACE AND NOT BY ITS AFFILIATED MEDICAL PROVIDERS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (e) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (f) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES; (g) THE HEADSPACE ENTITIES ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND (h) THE HEADSPACE ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS. 9.1 Meditation Assumption of Risk While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Headspace makes no guarantees that the Products and Services provide a physical or therapeutic benefit. | 281 | IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM; HEADSPACE (WITH THE EXCEPTION OF ITS AFFILIATED MEDICAL PROVIDERS) IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER; HEADSPACE IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; ANY WRITTEN MATERIAL PROVIDED BY HEADSPACE AND NOT BY ITS AFFILIATED MEDICAL PROVIDERS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES; THE HEADSPACE ENTITIES ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND THE HEADSPACE ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS. 9.1 Meditation Assumption of Risk While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Headspace makes no guarantees that the Products and Services provide a physical or therapeutic benefit. |
| 291 | Ebb is intended to be used only by individuals 18 years or older. | ||
| 266 | WARRANTIES AND DISCLAIMERS 10.1 THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. | 298 | WARRANTIES AND DISCLAIMERS THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. |
| 273 | THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND HEADSPACE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HEADSPACE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 10.2 Headspace’s meditation, mindfulness, sleep and movement content and mental health coaching should not be considered health care, a medical device, or considered medical advice. | 305 | THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND HEADSPACE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HEADSPACE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. |
| 306 | Headspace’s meditation, mindfulness, sleep and movement content and mental health coaching should not be considered health care, a medical device, or considered medical advice. | ||
| 277 | In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products and Services. 10.3 To the extent that you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. | 310 | In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products and Services. |
| 311 | To the extent that you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. | ||
| 280 | DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE 11.1 We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. | 314 | DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. |
| 283 | It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. 11.2 Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. 11.3 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. | 317 | It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. |
| 318 | Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. | ||
| 319 | If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. | ||
| 285 | Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. 11.4 If you believe that your work has been copied and posted on the Products or Services in a way that constitutes copyright infringement, please provide our designated agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Products or Services; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. | 321 | Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. |
| 286 | (g) Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: Headspace Attn: Copyright Agent 500 Molino St., Suite 118 Los Angeles, CA 90013 By Email: hcannom@wscylaw.com Subject line: DMCA 12. | 322 | If you believe that your work has been copied and posted on the Products or Services in a way that constitutes copyright infringement, please provide our designated agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Products or Services; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. |
| 323 | Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: Headspace Attn: Copyright Agent 500 Molino St., Suite 118 Los Angeles, CA 90013 By Email: hcannom@wscylaw.com Subject line: DMCA 12. | ||
| 299 | To receive a paper copy, please request it by emailing us at help@headspace.com. | 336 | To receive a paper copy, please request it by emailing us at help@headspace.com . |
| 301 | If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, please contact us at help@headspace.com. | 338 | If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, please contact us at help@headspace.com . |
| 313 | FOR PROCEDURES RELATED TO MASS ARBITRATIONS, PLEASE REVIEW SECTION G , BELOW. | 350 | FOR PROCEDURES RELATED TO MASS ARBITRATIONS, PLEASE REVIEW SECTION 14.7, BELOW. 14.1 JURY TRIAL WAIVER Except where prohibited by law, you and Headspace waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. |
| 314 | (a) Jury Trial Waiver. | — | Removed |
| 315 | Except where prohibited by law, you and Headspace waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. | — | Removed |
| 317 | In any litigation between you and Headspace over whether to vacate or enforce an arbitration award, you and Headspace waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. (b) Class Action Waiver. | 352 | In any litigation between you and Headspace over whether to vacate or enforce an arbitration award, you and Headspace waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. 14.2 CLASS ACTION WAIVER WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HEADSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. |
| 318 | WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HEADSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. | 353 | If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Headspace are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.9 below. 14.3 INFORMAL DISPUTE RESOLUTION We want to address your concerns without needing a formal legal case. |
| 319 | If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Headspace are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.9 below. (c) Informal Dispute Resolution. | 354 | Before filing a claim against Headspace, you agree to try to resolve the dispute informally by contacting us via email to help@headspace.com or at our mailing address at Headspace, ATTN: Legal, 595 Market Street, Floor 7, San Francisco, CA 94105, and providing us with your email address. |
| 320 | We want to address your concerns without needing a formal legal case. | — | Removed |
| 321 | Before filing a claim against Headspace, you agree to try to resolve the dispute informally by contacting us via email to help@headspace.com or at our mailing address at Headspace, ATTN: Legal, 2417 Michigan Avenue, Santa Monica, CA 90404, and providing us with your email address. | — | Removed |
| 323 | If a dispute is not resolved within 30 days after submission, you or Headspace may bring a formal proceeding subject to these Terms. | 356 | If a dispute is not resolved within 30 days after submission, you or Headspace may bring a formal proceeding subject to these Terms. 14.4 APPLICABILITY OF ARBITRATION AGREEMENT You and Headspace agree that all disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services, including claims related to privacy or data security, will be resolved through binding arbitration on an individual basis, except that you and Headspace retain the right: (1) to bring an individual action informally (as provided in section 14.3 above) or in small claims court, or (2) seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All submissions to the arbitrator, the proceedings, and the award shall be confidential, except as may lawfully be required in judicial proceedings relating to the arbitration or as otherwise required by law. 14.5 ARBITRATION RULES The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. |
| 324 | (d) Applicability of Arbitration Agreement. | — | Removed |
| 325 | You and Headspace agree that all disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services, including claims related to privacy or data security, will be resolved through binding arbitration on an individual basis, except that you and Headspace retain the right: (1) to bring an individual action informally (as provided in section c above) or in small claims court, or (2) seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All submissions to the arbitrator, the proceedings, and the award shall be confidential, except as may lawfully be required in judicial proceedings relating to the arbitration or as otherwise required by law. (e) Arbitration Rules. | — | Removed |
| 326 | The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. | — | Removed |
| 331 | The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. | 361 | The arbitration will be conducted by a single neutral arbitrator. |
| 362 | If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. | ||
| 333 | If the parties are unable to agree on a location, the determination will be made by the arbitration institution. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Headspace. | 364 | If the parties are unable to agree on a location, the determination will be made by the arbitration institution. |
| 365 | Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Headspace. | ||
| 337 | The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. (f) Authority of Arbitrator. | 369 | The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 14.6 AUTHORITY OF ARBITRATOR The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. |
| 338 | The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. | — | Removed |
| 344 | The award of the arbitrator is final and binding upon you and Headspace. | 375 | The award of the arbitrator is final and binding upon you and Headspace. 14.7 ADDITIONAL PROCEDURES FOR MASS ARBITRATIONS These Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if twenty-five (25) or more similar disputes are asserted against Headspace or against you by the same or coordinated counsel or are otherwise coordinated (collectively "Mass Arbitration"). |
| 345 | (g) Additional Procedures for Mass Arbitrations. | — | Removed |
| 346 | These Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if twenty-five (25) or more similar disputes are asserted against Headspace or against you by the same or coordinated counsel or are otherwise coordinated (collectively "Mass Arbitration"). | — | Removed |
| 357 | If fewer than twenty-five (25) disputes remain, the remaining disputes shall proceed individually. | 386 | If fewer than twenty-five (25) disputes remain, the remaining disputes shall proceed individually. 14.8 ENFORCEABILITY If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms and severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14. 14.9 OPT-OUT YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. |
| 358 | (h) Enforceability. | — | Removed |
| 359 | If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms and severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14. | — | Removed |
| 360 | (i) Opt-out. | — | Removed |
| 361 | YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. | — | Removed |
| 365 | You must send your opt-out notice to one of the following physical or email addresses: Headspace, ATTN: Arbitration Opt-out, 2417 Michigan Avenue, Santa Monica, CA 90404; or ADR@headspace.com. | 390 | You must send your opt-out notice to one of the following physical or email addresses: Headspace, ATTN: Arbitration Opt-out, 595 Market Street, Floor 7, San Francisco, CA 94105; or ADR@headspace.com . |
| 366 | If you opt-out of this agreement to arbitrate, the opt-out shall not waive or affect any other portion of these Terms. | 391 | If you opt-out of this agreement to arbitrate, the opt-out shall not waive or affect any other portion of these Terms. 14.10 ARBITRATION AGREEMENT SURVIVAL This arbitration agreement will survive the termination of your relationship with Headspace. 15. |
| 367 | (j) Arbitration Agreement Survival. | — | Removed |
| 368 | This arbitration agreement will survive the termination of your relationship with Headspace. 15. | — | Removed |
| 373 | We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 15.3 LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEADSPACE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS AND SERVICES OR ANY MATERIALS OR CONTENT ON THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEADSPACE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN THE ARBITRATION CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HEADSPACE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS AND SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO HEADSPACE FOR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10,000. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR AN ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. | 396 | We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 15.3 LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEADSPACE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS AND SERVICES OR ANY MATERIALS OR CONTENT ON THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEADSPACE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. |
| 397 | EXCEPT AS PROVIDED IN THE ARBITRATION CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HEADSPACE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS AND SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO HEADSPACE FOR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10,000. | ||
| 398 | EACH PROVISION OF THESE TERMS THAT PROVIDES FOR AN ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. | ||
| 376 | THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 15.4 NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 15.5 FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 15.6 NOTICES Unless otherwise specifically indicated, all notices given by you to us must be given to Headspace at help@headspace.com. | 401 | THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 15.4 NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 15.5 FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 15.6 NOTICES Unless otherwise specifically indicated, all notices given by you to us must be given to Headspace at help@headspace.com . |
| 382 | Nothing in this Section limits or excludes any liability for fraud. 15.8 THIRD PARTY RIGHTS A person who is not party to these Terms will not have any rights under or in connection with these Terms, except as described in Section 11 (DMCA). 15.9 EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Headspace agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the United States District Court for the Central District of California. | 407 | Nothing in this Section limits or excludes any liability for fraud. 15.8 THIRD PARTY RIGHTS A person who is not party to these Terms will not have any rights under or in connection with these Terms, except as described in Section 11 (DMCA). 15.9 EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Headspace agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the United States District Court for the Central District of California. |
| 385 | The United Nations Convention on Contracts for the International Sale of Goods will not apply. 15.11 SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Headspace is located at 2417 Michigan Avenue, Santa Monica, CA 90404. | 410 | The United Nations Convention on Contracts for the International Sale of Goods will not apply. 15.11 SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. |
| 411 | Headspace is located at 595 Market Street, Floor 7, San Francisco, CA 94105. | ||
| 390 | Email address Subscribe Get some Headspace Try 14-days free Our plans Mental health coaching Family plan Student Plan For educators For teens Send a gift Redeem a code Share Headspace Headspace for business Administrator portal login Our content Meditation app Meditation articles Beginning meditation Quick meditations Meditation courses Sleep app Sleep articles Sleep music White noise Mindfulness app Mindfulness articles Focus music Mindfulness with kids Mindful parenting Mental health support Mental health articles Mental health videos Browse all articles Browse our content library About us About Headspace About the Headspace app Leadership Press Careers Sitemap Support Trust Center Help Contact us Mental health resources Accessibility Statement Security Cookie policy My Headspace Login Get some Headspace Try 14-days free Our plans Mental health coaching Family plan Student Plan For educators For teens Send a gift Redeem a code Share Headspace Headspace for business Administrator portal login Our content Meditation app Meditation articles Beginning meditation Quick meditations Meditation courses Sleep app Sleep articles Sleep music White noise Mindfulness app Mindfulness articles Focus music Mindfulness with kids Mindful parenting Mental health support Mental health articles Mental health videos Browse all articles Browse our content library About us About Headspace About the Headspace app Leadership Press Careers Sitemap Support Trust Center Help Contact us Mental health resources Accessibility Statement Security Cookie policy About Terms & conditions Privacy policy Consumer Health Data Your privacy choices CA Privacy Notice Get the app English Deutsch English Español Français Português © 2026 Headspace Inc. | 416 | Email address Subscribe Get some Headspace Try 14-days free Our plans Mental health coaching Family plan Student Plan For educators For teens Send a gift Redeem a code Share Headspace Headspace for business Administrator portal login Our content Meditation app Meditation articles Beginning meditation Quick meditations Meditation courses Sleep app Sleep articles Sleep music White noise Mindfulness app Mindfulness articles Focus music Mindfulness with kids Mindful parenting Mental health support Mental health articles Mental health videos Browse all articles Browse our content library About us About Headspace About the Headspace app Leadership Press Careers Sitemap Support Trust Center Help Contact us Mental health resources Accessibility Statement Security Cookie policy Site Sitemap Blog Sitemap My Headspace Login Get some Headspace Try 14-days free Our plans Mental health coaching Family plan Student Plan For educators For teens Send a gift Redeem a code Share Headspace Headspace for business Administrator portal login Our content Meditation app Meditation articles Beginning meditation Quick meditations Meditation courses Sleep app Sleep articles Sleep music White noise Mindfulness app Mindfulness articles Focus music Mindfulness with kids Mindful parenting Mental health support Mental health articles Mental health videos Browse all articles Browse our content library About us About Headspace About the Headspace app Leadership Press Careers Sitemap Support Trust Center Help Contact us Mental health resources Accessibility Statement Security Cookie policy Site Sitemap Blog Sitemap About Terms & conditions Privacy policy Consumer Health Data Your privacy choices CA Privacy Notice Get the app English Deutsch English Español Français Português © 2026 Headspace Inc. |
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