If something goes wrong and Headspace is legally responsible, the most you can recover from them is limited to either what you paid them in the past year or $100, whichever is greater.
This analysis describes what Headspace's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This cap is particularly notable for a platform that delivers therapy and psychiatry services, where harm could potentially exceed the cost of a subscription; the $100 floor is a very low ceiling for consumers who paid little or nothing.
Interpretive note: Enforceability of this cap in the context of mental health and telehealth services may vary significantly by jurisdiction and the nature of the harm alleged; the provision itself acknowledges it applies only 'to the extent permitted by applicable law.'
Previous version had no excerpt; current version now specifies liability cap of either 12-month payments or $100, whichever is greater.
View full change record →Removal of this specific provision may indicate liability limitations were consolidated into broader disclaimers or that specific liability caps were revised or eliminated.
View full change record →If a user experiences harm related to Headspace's services, including mental health services delivered through affiliated providers, the terms limit potential financial recovery to the prior 12 months of fees paid or $100, which could be less than the actual damages suffered. Whether this cap is enforceable in all circumstances and jurisdictions may depend on applicable law.
How other platforms handle this
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"TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HEADSPACE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO HEADSPACE FOR USE OF THE PRODUCTS OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).Excerpt from Headspace's Terms and Conditions
1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are evaluated under state law unconscionability doctrine and consumer protection statutes.
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This cap is particularly notable for a platform that delivers therapy and psychiatry services, where harm could potentially exceed the cost of a subscription; the $100 floor is a very low ceiling for consumers who paid little or nothing.
If a user experiences harm related to Headspace's services, including mental health services delivered through affiliated providers, the terms limit potential financial recovery to the prior 12 months of fees paid or $100, which could be less than the actual damages suffered. Whether this cap is enforceable in all circumstances and jurisdictions may depend on applicable law.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Headspace.