Provision record
Hims & Hers · Hims & Hers Terms and Conditions · View original document ↗

Mandatory Individual Arbitration

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Document Record

What it is

The agreement requires that nearly all disputes between users and Hims & Hers be resolved through binding individual arbitration administered by JAMS rather than through court litigation, with limited exceptions for small claims court.

ⓘ

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision requires users to resolve disputes individually through JAMS arbitration, which governs the procedural mechanism available for claims including those related to billing, service delivery, and health data practices.

Recent Activity

This document changed recently

Medium Sep 1, 2026

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 →
Medium Aug 7, 2026

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 →

Consumer impact (what this means for users)

Under this clause, users who have not opted out within 30 days of account creation must pursue any claims against Hims & Hers through individual JAMS arbitration rather than court proceedings, including claims related to prescription services, billing, or account termination.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send written notice of your opt-out election to Hims & Hers Health, Inc. within 30 days of first creating your account. The notice must be in writing and clearly state your intention to opt out of the arbitration agreement.

Cross-platform context

See how other platforms handle Mandatory Individual Arbitration and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.

Excerpt from Hims & Hers's Terms and Conditions

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: The FTC Act and applicable state consumer protection statutes govern the enforceability of pre-dispute arbitration clauses in consumer contracts.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Hims & Hers Terms and Conditions
Entity
Hims & Hers
Document last updated
July 5, 2026
Tracking information
First tracked
July 6, 2026
Last verified
July 6, 2026
Record ID
CA-P-013308
Document ID
CA-D-00906
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f08ef565be8a830374be813f1d16146e2c9cd4c6d1320f24118460c531d9b5ea
Analysis generated
July 6, 2026 15:17 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Hims & Hers
Document: Hims & Hers Terms and Conditions
Record ID: CA-P-013308
Captured: 2026-07-06 15:17:56 UTC
SHA-256: f08ef565be8a8303…
URL: https://conductatlas.com/platform/hims-hers/hims-hers-terms-and-conditions/provision/CA-P-013308/mandatory-individual-arbitration/
Accessed: Oct. 3, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Hims & Hers's Mandatory Individual Arbitration clause do?

This provision requires users to resolve disputes individually through JAMS arbitration, which governs the procedural mechanism available for claims including those related to billing, service delivery, and health data practices.

How does this clause affect you?

Under this clause, users who have not opted out within 30 days of account creation must pursue any claims against Hims & Hers through individual JAMS arbitration rather than court proceedings, including claims related to prescription services, billing, or account termination.

Is ConductAtlas affiliated with Hims & Hers?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.