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

Class Action and Jury Trial Waiver

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Document Record

What it is

The agreement states that users and Hims & Hers may only bring claims against each other individually and waive the right to participate as a plaintiff or class member in any class or representative proceeding.

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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 that any claim against Hims & Hers proceed on an individual basis only, and prohibits the arbitrator from consolidating multiple users' claims or presiding over representative proceedings, absent mutual agreement.

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Interpretive note: Enforceability of class action waivers varies by jurisdiction; California and other states may decline to enforce this provision under unconscionability doctrine.

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 agree to pursue any claims against Hims & Hers only in their individual capacity; the agreement prohibits participation in class actions or representative proceedings, and bars the arbitrator from consolidating claims without mutual consent.

Cross-platform context

See how other platforms handle Class Action and Jury Trial Waiver and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
YOU AND HIMS & HERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hims & Hers agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Excerpt from Hims & Hers's Terms and Conditions

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: Class action waivers in consumer arbitration agreements are evaluated under the Federal Arbitration Act and applicable state unconscionability doctrine.

Insight

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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 →

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-013309
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-013309
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-013309/class-action-and-jury-trial-waiver/
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 Class Action and Jury Trial Waiver clause do?

This provision requires that any claim against Hims & Hers proceed on an individual basis only, and prohibits the arbitrator from consolidating multiple users' claims or presiding over representative proceedings, absent mutual agreement.

How does this clause affect you?

Under this clause, users agree to pursue any claims against Hims & Hers only in their individual capacity; the agreement prohibits participation in class actions or representative proceedings, and bars the arbitrator from consolidating claims without mutual consent.

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.