This analysis describes what Noom'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
The updated terms establish several material changes to how disputes are resolved and how Noom can manage your account. The agreement now requires that disputes be resolved through individual arbitration rather than in court, and users waive the right to jury trial and class action participation unless they opt out within the allowed timeframe. The terms also explicitly state that Noom can suspend or revoke your access at any time, and clarify that the service is not medical care and requires users to be 18 or older. For paid subscriptions, the terms clarify that free trials and promotions automatically convert to paid plans if not canceled before the next billing date, and that prices, billing, and taxes may change. You can review the full terms to understand the opt-out process for arbitration and class action waivers if you wish to preserve those rights.
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In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You understand that the provisions in this section will survive any termination of your account, as well as any changes in our policies or Service.Excerpt from Noom's Terms of Service
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The clause states: “You understand that the provisions in this section will survive any termination of your account, as well as any changes in our policies or Service.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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