The agreement states that Delaware law governs the Terms, with exclusive venue for non-arbitrated claims in federal or state courts in San Francisco, California.
This analysis describes what Hims & Hers'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 provision establishes Delaware law as the governing substantive law while designating San Francisco, California as the exclusive venue for any litigation that proceeds outside arbitration, which determines which state's consumer protection and contract law applies to disputes.
The updated terms revise when subscription cancellations become effective for pre-paid multi-month medication plans. Under the previous language, cancellation could occur at least two days before the billing date following the end of the currently shipped supply. The revised policy now states that cancellation must occur at least two days before the next billing date but will not take effect until the end of the medication supply period. This means that if you request cancellation after a billing date but before your current medication shipment is fully consumed, your subscription will continue through the end of that supply period before the cancellation takes effect. You should review the specific timing of your medication shipments and billing dates to understand when a cancellation request will fully process.
View change record →The updated terms now authorize Hims & Hers to bill for Weight Loss Membership at 'monthly or multi-month intervals' rather than on a fixed monthly basis, expanding the company's discretion over billing frequency. Additionally, the agreement establishes that refunds for partially used membership or medication plan periods 'may be provided in our sole and absolute discretion' instead of guaranteeing refunds under specific conditions. The first-month membership fee is explicitly non-refundable, and medication refunds remain available only if cancelled within 48 hours of initial order or two days before renewal. The practical effect is that subscribers cannot predict billing intervals with certainty, and refund eligibility now depends on company discretion rather than contractual terms alone.
View change record →Under this clause, disputes that proceed to court (rather than arbitration) are governed by Delaware law and must be litigated in San Francisco courts; users located outside California are required to litigate in a distant forum if court proceedings are available for their claim.
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Compare across platforms →"These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any claims not subject to arbitration shall be brought exclusively in the federal or state courts located in San Francisco, California.Excerpt from Hims & Hers's Terms and Conditions
(1) REGULATORY LANDSCAPE: The choice of Delaware law as governing law may limit the applicability of certain state consumer protection statutes in jurisdictions where users are located; courts in those jurisdictions may nonetheless apply local …
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This provision establishes Delaware law as the governing substantive law while designating San Francisco, California as the exclusive venue for any litigation that proceeds outside arbitration, which determines which state's consumer protection and contract law applies to disputes.
Under this clause, disputes that proceed to court (rather than arbitration) are governed by Delaware law and must be litigated in San Francisco courts; users located outside California are required to litigate in a distant forum if court proceedings are available for their claim.
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