Hims & Hers Terms and Conditions

This agreement governs access to and use of the Hims & Hers platform, including telehealth services, prescription fulfillment, laboratory testing, and weight loss membership programs, and operates as a binding contract between users and Hims & Hers Health, Inc. and its subsidiaries, with Medical Groups, Pharmacies, and Labs designated as third-party beneficiaries. The terms authorize automatic subscription renewals charged at regular intervals until cancellation, require disputes to proceed through binding individual arbitration with a class action waiver (subject to a 30-day opt-out window), disclaim HIPAA covered-entity status for Hims & Hers itself while acknowledging that affiliated Medical Groups, Pharmacies, and Labs may or may not be HIPAA-covered entities, and establish that users bear sole financial responsibility for all products and services as out-of-pocket costs with no insurance or federal program reimbursement. The agreement asserts broad authority to transfer prescriptions among named Pharmacies without user notice, to change subscription pricing with advance notice but in its sole discretion, and to collect and process sensitive health information outside HIPAA protections as applied to Hims & Hers directly, though how applicable state health privacy laws constrain these assertions depends on jurisdiction. The platform's telehealth delivery model, collection of sensitive health and mental health data, use of AI tools in customer support and clinical care messaging workflows, and the involvement of out-of-network medical groups and pharmacies engage federal and state frameworks including FTC consumer protection authority, state telehealth practice regulations, California Consumer Privacy Act and similar state privacy laws, and potentially HIPAA as applied to affiliated entities. Compliance teams should evaluate whether the HIPAA disclaimer for Hims & Hers as a direct entity is defensible given the nature of health data processed, whether state-specific health data privacy statutes impose obligations beyond what this agreement discloses, and whether the arbitration clause and class action waiver satisfy applicable state enforceability standards.