The agreement asserts that Hims & Hers as the direct platform operator is not a HIPAA covered entity, and acknowledges that affiliated Labs, Pharmacies, and Medical Groups may or may not be covered entities or business associates under HIPAA. This means health information provided to Hims & Hers directly may not receive HIPAA protections as applied to the platform operator.
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 establishes that health and medical information processed by Hims & Hers as the platform operator is not subject to HIPAA protections as applied directly to that entity, while acknowledging uncertainty about the HIPAA status of affiliated clinical partners. Legal and compliance teams should evaluate whether applicable state health data privacy laws and FTC health breach notification rules provide alternative protections for health data processed outside the HIPAA framework.
Interpretive note: The document excerpt was truncated, introducing uncertainty about the full scope of HIPAA-related disclosures. Additionally, the legal determination of whether Hims & Hers qualifies as a covered entity or business associate depends on regulatory analysis beyond what the agreement itself can resolve.
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, health information submitted to Hims & Hers through the platform is not protected by HIPAA as applied to Hims & Hers directly, and the agreement acknowledges that affiliated clinical partners may or may not be HIPAA-covered entities. The Privacy Policy governs how Hims & Hers collects, uses, and discloses personal and health information it processes as the platform operator.
Cross-platform context
See how other platforms handle HIPAA Non-Covered-Entity Disclaimer and similar clauses.
Compare across platforms →"Hims & Hers is not a 'covered entity' under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, 'HIPAA'). One or more of the Labs, Pharmacies or Medical Groups may or may not be a 'covered entity' or 'business associate' under HIPAA, and Hims & Hers maExcerpt from Hims & Hers's Terms and Conditions
REGULATORY LANDSCAPE: This provision directly engages HIPAA and its implementing regulations, specifically the Privacy Rule and Security Rule administered by HHS Office for Civil Rights.
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This provision establishes that health and medical information processed by Hims & Hers as the platform operator is not subject to HIPAA protections as applied directly to that entity, while acknowledging uncertainty about the HIPAA status of affiliated clinical partners. Legal and compliance teams should evaluate whether applicable state health data privacy laws and FTC health breach notification rules provide …
Under this clause, health information submitted to Hims & Hers through the platform is not protected by HIPAA as applied to Hims & Hers directly, and the agreement acknowledges that affiliated clinical partners may or may not be HIPAA-covered entities. The Privacy Policy governs how Hims & Hers collects, uses, and discloses personal and health information it processes as the …
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