The agreement requires users to indemnify and hold harmless Hims & Hers and its affiliates from all claims, damages, liabilities, and expenses, including attorney's fees, arising from the user's use of the services, violation of the Terms, violation of third-party rights, or damage caused by user-submitted content.
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 requires users to bear the financial cost of defending Hims & Hers against claims that arise from the user's conduct on the platform, including attorney's fees, which creates a direct financial obligation for users whose actions generate third-party claims.
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 →Removal of the comprehensive indemnification clause reduces user financial exposure for defending the company against claims arising from service use.
View full change record →Under this clause, users are contractually required to cover Hims & Hers' legal defense costs and any resulting liability for claims arising from the user's access to or use of the platform, their content submissions, or their violation of the Terms.
Cross-platform context
See how other platforms handle Indemnification Obligation and similar clauses.
Compare across platforms →"You agree to defend, indemnify, and hold harmless Hims & Hers and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.Excerpt from Hims & Hers's Terms and Conditions
(1) REGULATORY LANDSCAPE: Consumer-facing indemnification clauses are evaluated under applicable state contract law; some state courts decline to enforce broad indemnification obligations in standard-form consumer contracts where the obligations are one-sided or presented without meaningful …
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This provision requires users to bear the financial cost of defending Hims & Hers against claims that arise from the user's conduct on the platform, including attorney's fees, which creates a direct financial obligation for users whose actions generate third-party claims.
Under this clause, users are contractually required to cover Hims & Hers' legal defense costs and any resulting liability for claims arising from the user's access to or use of the platform, their content submissions, or their violation of the Terms.
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