These terms (the “Member Terms”) govern the use of services (“Services”) provided by Level Benefits, Inc., a Delaware corporation (together with its affiliates, “Level,” “we,” “our” or “us”) and an individual (“Member” or “you,” and together with Level, the “Parties”) receiving Services from Level as an employee or dependent of an employee of one of Level’s customers (the “Employer”). By using the Services, Member agrees to these Member Terms, as well as the Level General Terms of Service (“General Terms”), and all additional terms, policies and guidelines applicable to the Services that you use (the “Terms”).
Through the Services, you may manage and access certain benefits (“Benefits”). You can view the amount of benefits funds available to you through the Services. Some Benefits will be further described in a benefits booklet provided by Level and a summary plan description provided by the Employer.
You must use the Services in compliance with the Employer’s terms and policies, and your Benefits are subject to the Employer’s control. The Employer may be able to restrict or terminate your access to your Benefits. In addition, there may be times when the Employer will receive claim information submitted by your Benefits providers because the Employer is ultimately responsible for their payment. You hereby grant Level the rights to Your Information that are necessary for Level to provide the Services to the Employer.
You may only use your Benefits to pay for items and services covered as part of your Benefits (“Qualified Expenses”). Level is not responsible for any problem you or your dependent may have with any goods or services purchased through your Benefits. You will acquire and retain sufficient documentation (including invoices and receipts) for any Qualified Expense paid for with your Benefits.
If you or one of your dependents use funds available to you under your Benefits to pay for an item or service that is not covered by your Benefits that you are responsible for paying (each a “Non-Qualified Expense”), you agree to reimburse Level or the Employer, as applicable, for the amount of such Non-Qualified Expense. You agree that neither you nor your dependents will (i) use your Benefits for any Qualified Expense that has already been reimbursed; (ii) seek reimbursement under any other benefits plan for any Qualified Expense that has been paid for with your Benefits.
The Employer may enable you to obtain a Level payment card (“Card”) for yourself and your dependent(s) who are enrolled to receive Benefits. These Cards are provided to you by Level to access your Benefits. Each transaction initiated with your or your dependent’s Card constitutes your request that the appropriate Benefits be debited. Any dependents under the age of 13 will not be able to obtain direct access to Cards, though you may use your Card to pay for Benefits available to such dependents. These Cards are issued by a payment card network principal issuing member (“Issuer”), and may be managed by a third-party service provider. The Card is not connected to any checking or savings account. The Card is NOT a credit card. Level does not charge fees for use of the Card.
Physical Cards. Cards are virtual, however, you may choose to obtain physical Cards for you and your dependents by request through the Services. Each physical Card will remain the property of the Issuer and you agree to destroy your and your dependents’ physical Cards upon termination or request.
Use of the Card. You and your dependents may only use your Card to pay for Qualified Expenses, and may the Cards not be used for other personal, family, household or business expenses. Each transaction initiated with your or your dependent’s Card constitutes an affirmation that the Card is being used for a Qualified Expense. Neither you nor your dependents may use your Card at an ATM or to obtain cash. YOU ARE WHOLLY RESPONSIBLE FOR ALL USE OF THE CARD, INCLUDING ALL TRANSACTIONS BY YOUR DEPENDENTS.
Authorizations. An authorization is required for most transactions. A requested transaction may be denied authorization if at the time the request is submitted (i) the type of merchant requesting the authorization is not a merchant type that is allowed to accept the Card; (ii) the amount of the proposed transaction exceeds your available Benefits balance, less the amount of your outstanding transactions; (iii) the amount of the proposed transaction, together with your outstanding transactions, would cause you to exceed any authorization limit set by Level or the Employer; (iv) your or your dependent’s Card has been suspended or terminated for any reason, or (v) the Employer or Level believes that the transaction is not for a Qualified Expense. Authorizations for Benefits amounts available are generally based on the funds immediately available to you under your Benefits, however, there may be delays in transaction processing times and/or benefit records, and so your available funds may not always be current. You release Level and the Employer from any claims of damages or losses that you may have or that may be incurred by you as a result of any authorization being withheld, even if your actual balance of Benefits funds available at such time was sufficient to support the authorization.
Suspension; Termination. Your and your dependent’s Cards and related privileges may be suspended or terminated at any time for any reason, including without limitation if (i) the Employer fails to pay for transactions or otherwise fails to comply with its obligations relating to its participation in the Card program; (ii) you fail to pay any amounts owed to Level within the required timeframe; (iii) your or your dependent’s Card has been used by an unauthorized person; (iv) you are no longer eligible for your Benefits accessed by the Card or Level no longer offers such benefits, or (v) upon Level’s request, you fail to provide documentation sufficient to substantiate a Qualified Expense, such sufficiency to be determined by Level in its sole discretion. If Level suspends your or your dependent’s Card, it may reinstate access once Level has notified you and any problems have been rectified. You may terminate your use of the Card by notifying us through the Services, or at email@example.com or 1 (855) 400-5705, that you wish to cancel your Card. Any cancellation of your Card will automatically cancel your dependents’ Cards as well. You will continue to be liable for all transactions on your or your dependent’s Card occurring prior to any suspension or termination. If your or your dependent’s Card is suspended or terminated, neither you nor your dependent may use your Card to perform, or permit or authorize anyone else to perform, any further transactions. If any transactions are performed after suspension or termination, you will be liable and responsible under these Terms for any transaction made by you or anyone authorized by you after suspension or termination and you agree to promptly pay Level for any such overages.
Level Rights and Liabilities. Level will have no liability if any merchant does not honor your or your dependent’s Card, if a merchant is unable to obtain an authorization with respect to any transaction you or your dependent attempts to make, or if you or your dependent uses a Card to pay for a Non-Qualified Expense. Level will have no liability to you if the available balance associated with your Benefits is insufficient to complete the transaction or if you or your dependent’s Card has been terminated or suspended as provided in the Terms. Any liability that we may have to you as a result of completing or a failure to complete a transaction will be limited to the fullest extent permissible under applicable law and any liability will not include any indirect or consequential damages.
Your Responsibilities. You may not initiate any transaction that exceeds the balance of Benefits available to you or your dependents. If you incur charges that exceed your available balance, you must reimburse Level for such amount. In addition, please note that if you fail to repay the amount of any improper payment, you agree that (i) the Employer may be entitled to withhold the amount of the improper payment from your pay or other compensation, to the fullest extent allowed by applicable law, and (ii) a relevant benefit plan may offset the unreimbursed amount against future claims. You will be liable to Level for any fees, charges, costs, amounts, expenses or other losses that result from your or your dependent’s actions or inactions associated with use of a Card. You further agree to pay Level, to the extent permitted by law, the reasonable costs and expenses of collection of any amounts due from you under the Terms.
Lost or Stolen Cards. You and your dependents are responsible for safeguarding your and their Cards to prevent them from being used for unauthorized transactions. You are responsible for all authorized transactions initiated and fees incurred by use of a Card. If you or your dependent permits another person to have access to a Card or Card number, Level will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. For purposes of this section, “Unauthorized Use” means use of the Card by a person (i) who is not you or your dependent; (ii) who does not have actual, implied or apparent authority from you to use the Card; and (iii) whose use does not result in a direct or indirect benefit to your employer or you. If your or your dependent’s Card is lost or stolen or if there is possible Unauthorized Use, you must notify Level as soon as practically possible within the first 24 hours following discovery of the loss or theft or possible Unauthorized Use by contacting Level at firstname.lastname@example.org or 1 (855) 400-5705. If (i) notice as provided in this section is given within the first 24 hours; and (ii) you assist Level in investigating facts and circumstances relating to the loss or theft or possible unauthorized use of the Card, then you will not be liable for transactions resulting from Unauthorized Use.
Last updated: May 25, 2021