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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.
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.
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"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. HIPAA separately governs civil and criminal liability for covered entities and does not permit contractual limitation of regulatory exposure. The FTC Act may constrain liability exclusions that constitute unfair or deceptive practices. (2) GOVERNANCE EXPOSURE: High. In a telehealth context, the exclusion of consequential damages for service failures (including inability to access medical consultations or prescription services) creates significant potential exposure if courts decline to enforce the limitation in health-related claims. (3) JURISDICTION FLAGS: California and other states may decline to enforce consequential damage exclusions in consumer contracts, particularly where health or safety harm is involved; New Jersey and Massachusetts maintain strong consumer protection frameworks that may override these limitations. (4) CONTRACT AND VENDOR IMPLICATIONS: The provision extends to officers, directors, employees, agents, and suppliers, which may affect indemnification arrangements with partner pharmacies and healthcare providers operating through the platform; vendor contracts should be reviewed for alignment with this liability posture. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess enforceability in key user jurisdictions, particularly for claims involving health harm or data loss; the interaction between this clause and HIPAA liability exposure should be evaluated; the clause should be reviewed against applicable state statutes governing limitation of liability for health services.
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.