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The agreement discloses that Hims & Hers uses generative AI and machine learning in customer support and clinical care messaging workflows, including drafting responses for licensed healthcare professional review. The agreement states that AI is not used to make clinical decisions and that users will be informed when interacting directly with an AI-supported channel.
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 the operational parameters of AI use on the platform, drawing a distinction between AI-assisted drafting of clinical communications reviewed by licensed professionals and autonomous clinical decision-making. The disclosure that users will be notified of AI interaction in accordance with applicable law creates a compliance dependency on evolving state AI transparency statutes.
Interpretive note: The agreement's commitment to notify users of AI interaction in accordance with applicable law creates a compliance dependency on evolving and jurisdiction-specific AI transparency statutes, the specific requirements of which vary and continue to develop.
Under this clause, communications users receive through the platform's messaging system may be drafted with AI assistance before being reviewed and approved by a licensed healthcare professional. The agreement states that AI is not used to make clinical decisions and that users will be notified when directly interacting with an AI-supported chatbot or agent as required by applicable law.
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"In limited cases, Hims & Hers uses artificial intelligence technologies such as generative AI and machine learning (AI) to improve the quality and efficiency of our customer support and your clinical care. For example, when you communicate via the messaging platform, Hims & Hers may use AI to (i) help you make changes to your account or (ii) draft responses for customer care or for a qualified licensed healthcare professional to review. You will be informed when you are directly interacting with an AI-supported chatbot, agent, or similar communications channel in accordance with applicable law. Hims & Hers does not use AI to make clinical decisions or to provide mental or behavioral healthcare. All messages sent to you by your care team through the messaging platform are reviewed and approved by a qualified licensed healthcare professional and your Provider remains fully responsible for your care.Excerpt from Hims & Hers's Terms and Conditions
REGULATORY LANDSCAPE: The use of AI in clinical care messaging engages emerging state AI transparency laws and the FTC's authority over unfair or deceptive practices as applied to AI-generated content in consumer-facing communications. FDA regulatory frameworks for software as a medical device and clinical decision support may be engaged depending on how AI drafting tools interact with clinical recommendations. State medical practice acts may impose requirements regarding the use of AI tools in communications between licensed providers and patients. GOVERNANCE EXPOSURE: Medium. The agreement's commitment to disclose AI interaction in accordance with applicable law creates a compliance dependency on a rapidly evolving regulatory landscape. The operational distinction between AI-assisted drafting and clinical decision-making is asserted in the agreement but would require implementation-level review to confirm it is maintained in practice. JURISDICTION FLAGS: California, Colorado, Illinois, and other states have enacted or proposed AI transparency and consumer notification requirements that may impose specific disclosure obligations for AI use in healthcare-adjacent contexts. Any jurisdiction with a patient communication statute may impose requirements on AI-assisted clinical messaging workflows. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether third-party AI tool providers engaged for clinical messaging workflows are subject to appropriate data processing agreements, including protections for health and sensitive personal information processed through AI systems. Vendor assessments should include evaluation of AI tool accuracy, auditability, and bias mitigation practices. COMPLIANCE CONSIDERATIONS: Legal teams should map the AI disclosure commitment to specific state AI transparency statutes and confirm that current notification mechanisms satisfy applicable law in all states of operation. The distinction between AI-assisted drafting and clinical decision support should be documented operationally to support regulatory defense. FDA software as a medical device guidance should be reviewed to determine whether any AI functionalities approach regulated clinical decision support thresholds.
This provision establishes the operational parameters of AI use on the platform, drawing a distinction between AI-assisted drafting of clinical communications reviewed by licensed professionals and autonomous clinical decision-making. The disclosure that users will be notified of AI interaction in accordance with applicable law creates a compliance dependency on evolving state AI transparency statutes.
Under this clause, communications users receive through the platform's messaging system may be drafted with AI assistance before being reviewed and approved by a licensed healthcare professional. The agreement states that AI is not used to make clinical decisions and that users will be notified when directly interacting with an AI-supported chatbot or agent as required by applicable law.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Hims & Hers.