The agreement states that Hims & Hers and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the services, including loss of data, profits, or other intangible losses.
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 asserts that Hims & Hers liability for service-related harm is limited to direct damages and excludes consequential, punitive, and incidental damages, which is significant given that the platform delivers telehealth and prescription services where service failures could have health implications.
Interpretive note: The enforceability of consequential damage exclusions in a telehealth and prescription services context is jurisdiction-dependent and may be constrained by state consumer protection or health statutes.
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, Hims & Hers asserts it will not be liable for consequential or punitive damages arising from platform use, including inability to access telehealth services or loss of health-related data; applicable law, including state consumer protection statutes, may limit the enforceability of these exclusions in certain jurisdictions.
Cross-platform context
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Compare across platforms →"IN NO EVENT WILL HIMS & HERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.Excerpt from Hims & Hers's Terms and Conditions
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are evaluated under applicable state contract law and consumer protection statutes; some states prohibit or limit liability exclusions for personal injury or health harm.
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This provision asserts that Hims & Hers liability for service-related harm is limited to direct damages and excludes consequential, punitive, and incidental damages, which is significant given that the platform delivers telehealth and prescription services where service failures could have health implications.
Under this clause, Hims & Hers asserts it will not be liable for consequential or punitive damages arising from platform use, including inability to access telehealth services or loss of health-related data; applicable law, including state consumer protection statutes, may limit the enforceability of these exclusions in certain jurisdictions.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.