Headspace Terms and Conditions

This document governs user access to Headspace's meditation app, website, coaching, psychotherapy, and psychiatry telehealth services, operating under a clickwrap contract theory with California law as the governing jurisdiction. The most significant obligations include mandatory binding arbitration with class action waiver for all disputes, automatic subscription renewal unless cancelled before the renewal date, and a broad intellectual property license grant from users to Headspace covering any content submitted to the platform. Notably, Headspace explicitly disclaims being a healthcare provider while simultaneously facilitating psychotherapy and psychiatry services through affiliated medical groups — a structural arrangement that creates ambiguous HIPAA liability boundaries and may not adequately flag to users that their mental health data could be subject to different protections depending on which entity holds it. The document engages HIPAA (45 CFR Parts 160 and 164) given the telehealth and mental health services offered, CCPA/CPRA (Cal. Civ. Code §1798.100 et seq.) for California residents, FTC Act Section 5 for unfair or deceptive trade practices, and COPPA given the age restriction of 16+; the arbitration clause and class action waiver require scrutiny under California's Armendariz standards and the McGill Rule (Cal. Civ. Code §3513), which prohibits waiver of public injunctive relief.

REGULATORY EXPOSURE: This document engages HIPAA (45 CFR Parts 160-164) due to telehealth, psychotherapy, and psychiatry services delivered through affiliated medical groups (Headspace Medical Group (CA) P.C.); the FTC Act Section 5 for unfair/deceptive practices including automatic renewal disclos…