Headspace

You are agreeing to forced arbitration and the waiver of class action rights for any dispute with Headspace.

“EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS OR SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”

What that means: Users lose the ability to seek legal redress in a standard courtroom or join with others to challenge the company.

The terms mandate that all disputes be resolved via binding arbitration, preventing users from suing in public court or joining group lawsuits.

You are agreeing to waive your right to a jury trial in legal proceedings against Headspace.

“THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW... YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK...”

What that means: Users cannot bring their claims before a jury of peers.

While the explicit jury waiver is often embedded within the arbitration clause, the general liability disclaimers and assumption of risk sections reinforce the waiver of standard legal protections including jury trials in many jurisdictions.

You are agreeing to take full responsibility for any death, injury, or harm suffered while using the Products or Services.

“By granting you the right to use the Products or Services, the Headspace Entities (as defined in Section 15) do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the Headspace Entities be liable for any death or bodily injury that you suffer...”

What that means: If you are injured or die while using the service, you cannot hold them financially responsible.

The document explicitly states that Headspace assumes no liability for death or bodily injury resulting from the use of the products, shifting all risk to the user.

You are agreeing that the service is provided 'as is' and that Headspace bears no liability for damages or lack of fitness for purpose.

“THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEADSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND... NO ADVICE OR INFORMATION... WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEADSPACE ENTITIES...”

What that means: Users have no warranty protection and must bear all risks associated with the service's performance.

Headspace disclaims all warranties and limits its liability to the fullest extent permitted by law, leaving the user bearing the risk of service failures or inaccurate content.

You are agreeing to let Headspace use your submitted content indefinitely and for any purpose, including commercial ads, without payment.

“by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use... User Material... in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes)... and to grant and authorize sublicenses of the foregoing”

What that means: Headspace can use your posts, comments, or images forever, even for ads, without compensating you.

Users grant a broad, perpetual, sublicensable license to any user-generated content, allowing the company to use it commercially without paying the user.

You are agreeing to automatic renewal of subscriptions and payments for services unless you actively cancel.

“Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time... Subscriptions may be charged separately for Products and Services... Your account will be charged automatically... The Subscription will continue unless and until you cancel your Subscription...”

What that means: Users may be charged recurring fees if they forget to cancel before the renewal date.

Subscriptions automatically renew, and free trials convert to paid plans without active re-confirmation, requiring users to proactively cancel to avoid charges.

You are agreeing to the collection and processing of sensitive health information as part of using the service.

“You further acknowledge that your use of the Products and Services may require the collection of your health information. This health information may be considered sensitive under your local laws... For example, this health information can fall under the “special category” of personal data under the GDPR...”

What that means: Your private health and mental wellness data is collected and processed by the platform.

The terms explicitly state that the service collects health information, which is classified as sensitive data under various laws like GDPR and US state privacy acts.

You are agreeing to the handling of consumer health data that triggers specific state-level privacy obligations.

“In certain US states, this health information may be “consumer health data” as defined under applicable laws including Washington’s My Health My Data Act... We encourage you to review both policies to learn more about our privacy practices...”

What that means: Your mental health data is treated as sensitive consumer data under state laws.

The document acknowledges the collection of consumer health data subject to specific state regulations, implying it is retained and used beyond basic service provision.

You are agreeing to be bound by updated terms if you continue to use the service after being notified of changes.

“Headspace reserves the right to change or update these Terms, or any other of our policies or practices, at any time... If a change to these Terms materially modifies your rights or obligations, we may notify you... If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.”

What that means: The rules governing your account can change without your fresh consent every time.

Headspace can change the terms at any time, and continued use constitutes acceptance, though they attempt to provide notice for material changes.

You are agreeing to the age restrictions and verifying your eligibility to use the service.

“Our Products and Services are intended for individuals at least 18 years of age... Our AI Companion, Ebb, is intended to be used only by individuals 18 years or older... Headspace does not support Members under the age of 13.”

What that means: Children under 13 cannot create accounts, but teens may access features with permission.

The service restricts full membership to adults, though limited exceptions exist for teens with parental consent or employer benefits.

You are agreeing to the retention of your medical and coaching records for up to ten years.

“Headspace’s affiliated medical providers and partners, such as Headspace Medical Group (CA) P.C., will retain coaching records and medical records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law...”

What that means: Your health session records will remain on file for a decade.

Medical and coaching records are retained for up to ten years, likely due to legal requirements for healthcare providers.