Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the HSA/FSA Eligibility Lookup service (the "Service," "Tool," or "Website"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), as well as our Privacy Policy incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and the operators of this Service. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

2. Description and Nature of the Service

The Service is a web-based informational resource designed to provide general guidance regarding HSA (Health Savings Account), FSA (Flexible Spending Account), and HRA (Health Reimbursement Arrangement) expense eligibility. The information is derived primarily from publicly available IRS publications. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• INFORMATIONAL ONLY: The Service provides general information only and does not constitute tax, legal, financial, medical, or professional advice of any kind
• NOT IRS-AFFILIATED: We are not affiliated with, endorsed by, or acting on behalf of the Internal Revenue Service or any other governmental entity
• SOURCE MATERIALS: Information is based primarily on IRS Publication 502 and Publication 969 (2024 editions), which may be updated, amended, or superseded
• GENERAL GUIDANCE: Information provided may not reflect your specific plan's rules, restrictions, or requirements
• SUBJECT TO CHANGE: Tax laws, IRS regulations, interpretations, and guidance are subject to change at any time, potentially without notice
• NO GUARANTEE OF ACCURACY: While we strive for accuracy, we make no representations or warranties regarding the completeness, accuracy, reliability, or timeliness of any information

3. NO PROFESSIONAL ADVICE - CONSULT QUALIFIED PROFESSIONALS

THIS SERVICE DOES NOT PROVIDE, AND SHALL NOT BE CONSTRUED AS PROVIDING, PROFESSIONAL ADVICE OF ANY KIND. The information available through this Service is general in nature and is not tailored to your specific circumstances, medical conditions, financial situation, or tax status. You must consult with appropriately licensed and qualified professionals before making any decisions based on information from this Service:

• Tax Advice: Consult a licensed tax professional, Certified Public Accountant (CPA), or Enrolled Agent for tax-related questions
• Medical Advice: Consult your licensed physician, healthcare provider, or medical specialist for medical necessity determinations
• Financial Advice: Consult a licensed financial advisor or financial planner for financial planning guidance
• Legal Advice: Consult an attorney, particularly one specializing in employee benefits or tax law, for legal questions
• Plan-Specific Questions: Contact your HSA/FSA/HRA plan administrator, benefits department, or third-party administrator (TPA) directly for plan-specific rules and requirements

NO ATTORNEY-CLIENT, PHYSICIAN-PATIENT, ACCOUNTANT-CLIENT, OR FIDUCIARY RELATIONSHIP IS CREATED BY YOUR USE OF THIS SERVICE.

4. User Responsibilities and Acknowledgments

By using this Service, you expressly acknowledge and agree that you are solely responsible for:

• Independent Verification: Confirming expense eligibility with your specific plan administrator or third-party administrator before making purchases or submitting claims
• Documentation Maintenance: Obtaining and retaining all receipts, invoices, prescriptions, and Letters of Medical Necessity (LMN) as required by IRS regulations and your plan
• Tax Compliance: Ensuring full compliance with all applicable federal, state, and local tax laws and regulations
• Plan Compliance: Understanding and following your specific plan's rules, procedures, deadlines, and restrictions
• Information Currency: Verifying that information is current and applicable to your specific tax year and circumstances
• Professional Consultation: Seeking appropriate professional advice from qualified tax, legal, medical, and financial professionals
• Accuracy of Claims: Ensuring all claims submitted to your HSA/FSA/HRA are accurate, legitimate, and properly documented
• Consequences: Accepting all consequences, including denied claims, tax penalties, interest, and audit risks arising from your use or misuse of this Service

YOU ACKNOWLEDGE THAT YOU ARE USING THIS SERVICE ENTIRELY AT YOUR OWN DISCRETION AND RISK.

5. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES: Warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• ACCURACY: Any warranty that the information provided is accurate, complete, reliable, current, or error-free
• RESULTS: Any warranty regarding results, eligibility determinations, or outcomes arising from use of the Service
• UNINTERRUPTED ACCESS: Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• ERRORS OR DEFECTS: Any warranty that errors or defects will be corrected

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY AND DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• DENIED CLAIMS: HSA/FSA/HRA claim denials, rejections, or reversals based on information obtained from the Service
• TAX CONSEQUENCES: Tax penalties, interest, fines, additional tax assessments, or audit-related costs
• ERRORS AND OMISSIONS: Inaccuracies, errors, omissions, or outdated information, even if based on IRS publications
• REGULATORY CHANGES: Changes in tax laws, IRS regulations, interpretations, or guidance occurring before or after information is published
• PLAN-SPECIFIC ISSUES: Differences between general eligibility rules and your specific plan's requirements or restrictions
• DIRECT DAMAGES: Any direct, indirect, incidental, special, consequential, exemplary, or punitive damages
• FINANCIAL LOSSES: Loss of profits, revenue, data, use, goodwill, or other intangible losses
• SERVICE INTERRUPTION: Unauthorized access to or alteration of your transmissions or data, service interruptions, bugs, viruses, or other harmful components

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT YOU USE THIS SERVICE ENTIRELY AT YOUR OWN RISK AND THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT.

7. Plan-Specific Variance and Requirements

While the Service is based on general IRS regulations applicable to HSA/FSA/HRA accounts, YOU ACKNOWLEDGE THAT:

• Individual Plan Rules: Your specific plan may impose additional restrictions, limitations, or requirements beyond minimum IRS standards
• Pre-Approval: Your plan may require pre-approval, pre-authorization, or pre-determination for certain expenses
• Documentation: Documentation requirements vary by plan and may exceed general IRS requirements
• Claim Procedures: Claim submission procedures, deadlines, and formats differ between plan administrators
• Plan Exclusions: Plans may exclude certain IRS-eligible expenses or impose spending caps
• Employer Restrictions: Employers may adopt more restrictive policies than IRS regulations permit

YOU MUST ALWAYS VERIFY ELIGIBILITY WITH YOUR PLAN ADMINISTRATOR BEFORE MAKING A PURCHASE OR SUBMITTING A CLAIM. FAILURE TO DO SO IS AT YOUR OWN RISK.

8. No Duty to Update; Information Currency

While we make reasonable efforts to maintain current and accurate information, WE HAVE NO LEGAL DUTY TO UPDATE THE SERVICE and you acknowledge that:

• Retroactive Changes: Tax laws and IRS regulations may change retroactively or mid-year (e.g., CARES Act changes)
• Legal Precedents: Court rulings, IRS private letter rulings, revenue procedures, and administrative guidance may affect eligibility
• Update Lag: We may not immediately reflect changes in tax law or IRS guidance
• Version-Specific Citations: Citations reference specific IRS publication versions (e.g., 2024 editions) and may become outdated
• State Law: State and local laws may impose additional requirements or restrictions not addressed by federal guidance
• No Update Notification: We have no obligation to notify users of changes to tax laws or updates to the Service

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT INFORMATION IS CURRENT AND APPLICABLE TO YOUR TAX YEAR.

9. NO MEDICAL DETERMINATIONS OR MEDICAL ADVICE

THIS SERVICE DOES NOT AND CANNOT MAKE MEDICAL NECESSITY DETERMINATIONS. Many expenses are eligible for HSA/FSA/HRA reimbursement only when specific medical criteria are met:

• Medical Condition: The expense must be used to diagnose, treat, mitigate, or prevent a specific medical condition
• Healthcare Provider: A prescription, recommendation, or diagnosis from a licensed healthcare provider is often required
• Letter of Medical Necessity: Many expenses require a Letter of Medical Necessity (LMN) from your physician
• Primary Purpose: The expense must be primarily for medical care, not general health, wellness, or cosmetic purposes

ONLY YOUR LICENSED HEALTHCARE PROVIDER CAN DETERMINE WHETHER AN EXPENSE IS MEDICALLY NECESSARY FOR YOUR SPECIFIC CONDITION AND CIRCUMSTANCES. THIS SERVICE PROVIDES GENERAL TAX GUIDANCE ONLY, NOT MEDICAL ADVICE.

10. Intellectual Property Rights

The Service, including its design, layout, user interface, features, and compilation of information, is protected by copyright, trademark, and other intellectual property laws. IRS publications and government materials referenced are in the public domain.

Permitted Uses:

• Personal, non-commercial use for researching HSA/FSA/HRA eligibility
• Printing or saving search results for personal record-keeping
• Sharing hyperlinks to the Service with others

Prohibited Uses:

• Reproducing, republishing, or redistributing substantial portions of Service content
• Creating derivative works without express written permission
• Commercial use or monetization without authorization
• Scraping, data mining, or systematically extracting data using bots, crawlers, or automated tools
• Removing copyright notices or attribution

11. Prohibited Conduct and Acceptable Use

You agree that you will NOT:

• Illegal Activity: Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Unauthorized Access: Attempt to gain unauthorized access to the Service, servers, networks, or systems
• Service Disruption: Interfere with, disrupt, or impose unreasonable burdens on the Service's infrastructure
• Malicious Code: Transmit viruses, malware, trojans, worms, or other harmful code
• Misrepresentation: Impersonate any person, organization, or misrepresent your affiliation
• Fraudulent Claims: Use the Service to facilitate fraudulent, improper, or ineligible HSA/FSA/HRA claims
• Reverse Engineering: Attempt to decompile, disassemble, or reverse engineer the Service
• Circumvention: Bypass any security measures or access controls

Violation of this section may result in immediate termination of your access to the Service and may subject you to civil and criminal liability.

12. Third-Party Links and External Resources

The Service contains hyperlinks to IRS publications, government websites, and other third-party resources. YOU ACKNOWLEDGE AND AGREE THAT:

• We do not control, endorse, sponsor, or assume responsibility for third-party content
• We are not responsible for the availability, accuracy, legality, or appropriateness of external sites
• External links may become outdated, broken, or non-functional
• We are not liable for any damages, losses, or harm resulting from visiting external sites
• Third-party sites may have different privacy policies and terms of service
• Inclusion of a link does not imply affiliation, endorsement, or approval

13. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Service operators, owners, officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorney's fees and costs) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property rights
• Claims, penalties, or denials related to HSA/FSA/HRA submissions based on Service information
• Tax assessments, penalties, or audits related to your use of the Service
• Any negligent or wrongful conduct by you

This indemnification obligation survives termination of these Terms and your use of the Service.

14. Service Availability and Termination

SERVICE AVAILABILITY:

• The Service is provided on an "as available" basis with no uptime guarantees
• We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice
• We may perform scheduled or emergency maintenance that temporarily interrupts access
• We are not liable for any Service interruption, modification, or discontinuation

TERMINATION OF ACCESS:

• We reserve the right to terminate or restrict your access to the Service at any time, for any reason, with or without notice
• You may discontinue use of the Service at any time without notice
• Sections relating to disclaimers, limitations of liability, indemnification, and dispute resolution survive termination

15. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the United States and the State of [STATE TO BE DETERMINED], without regard to conflict of law principles.

You expressly agree that exclusive jurisdiction for any claim or dispute with the Service or relating to your use of the Service resides in the courts located in [JURISDICTION TO BE DETERMINED], and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute.

Note: Specific governing law and jurisdiction will be determined based on the Service operator's location and legal requirements.

16. Dispute Resolution and Binding Arbitration

INFORMAL RESOLUTION: Before filing any formal dispute, you agree to first contact us and attempt to resolve the dispute informally for at least thirty (30) days.

ARBITRATION AGREEMENT: If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

• The arbitration shall be conducted in English
• The arbitrator's decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction
• Each party shall bear its own costs and attorney's fees unless the arbitrator determines otherwise
• You agree to waive any right to a jury trial or to participate in a class action

CLASS ACTION WAIVER: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS.

Note: Some jurisdictions do not allow arbitration agreements or class action waivers. If you reside in such a jurisdiction, this section may not apply to you.

17. Force Majeure

We shall not be liable for any failure or delay in performance of the Service resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Assignment and Transfer

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign these Terms and transfer our rights and obligations without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Changes and Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion. Changes will be effective immediately upon posting to the Service. The "Last Updated" date at the top of this page will reflect when the most recent changes were made. Material changes may be communicated through prominent notice on the Service. Your continued use of the Service following the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the Service.

21. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, the provision shall be stricken and the remainder of these Terms shall continue in full force and effect.

22. Entire Agreement and Integration

These Terms of Service, together with our Privacy Policy incorporated herein by reference, constitute the entire agreement between you and the Service operators regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

23. Contact Information

If you have questions about these Terms of Service, you may:

• Review the How to Use This Tool guide for usage guidance
• Consult your tax professional, attorney, or financial advisor for specific legal or financial advice
• Contact us through the designated channels provided on the Service (when available)

Please note: Specific contact information will be provided here when available. For legal, tax, or medical questions, you must consult appropriately licensed professionals.