Terms of Use and Privacy Statement

Agreement

HealthExpense.com, or a third party web site or a mobile application (individually the "Service" and collectively the "Services"), you (sometimes referred to hereinafter as the "Subscriber") agree to be bound by the terms and conditions set forth herein, whether you are signed-up as an individual or are signing up on behalf of your employer, company, or other third party. The terms and conditions set forth herein constitute an agreement between you and HealthExpense (this "Agreement").

become part of the "Service" and shall be subject to these terms and conditions. The Service is provided by HealthExpense Inc. (hereinafter referred to as "HealthExpense" or "we"). HealthExpense is a located at 440 N. Wolfe Road, Sunnyvale, CA, 94085.

We reserve the right to change these terms and conditions of the Agreement, the Service and the Terms of Use and Privacy Statement set forth herein (the "Terms of Service") from time to time without notice by posting them to our website. When we do, we will also revise the "last update" date of these Terms of Service. Your continued use of the Service after such posting will constitute acceptance of such changes. Before you continue, you should print or save a local copy of this Agreement for your records.

Customer Definitions

There are three different types of Subscribers covered hereunder: (i) an Individual Subscriber, (ii) a Third Party Administrator and (iii) a Third Party Web Site or Mobile Application Provider. Unless otherwise indicated the term "Subscriber" refers collectively to all three types of Subscribers.

Individual Subscriber. An "Individual Subscriber" is any user of the Service other than a Third Party Administrator, Third Party Web Site or Mobile Application Provider. All terms of this Agreement, other than those applicable to a Third Party Administrator or a Third Party Web Site or Mobile Application Provider, apply to an Individual Subscriber.

Third Party Administrator. If you are given use of the Third Party Administrator ("TPA") function within the Service, which is identified by the presence of a "Group" tab or an "Employees" tab or (ii) act in the capacity of a care management and support or billing and finance function or for other persons or entity, then you are a "Third Party Administrator" and all terms of this Agreement applicable to an Individual Subscriber apply, and, in addition, all those terms with a TPA prefix in the section header apply to the you, your employer and all users of this service employed or contracted by the your employer. The use of the term TPA refers to you, your employer and all users of this service employed or contracted by your employer as appropriate.

As a Third Party Administrator, you must collect charges or premiums from, or pay for or settle claims on or in connection with health/disability insurance coverage and may not do so as an/a

  • Employer on behalf of employees,
  • Union on behalf of members,
  • Fully self-funded insurance plan meeting ERISA definition

You must have in place a written Third Party Administrator contract with the employer of each employee whose Explanation of Benefit you access using the Service and/or you must have authorization from each employee to access their Explanation of Benefit.

If you fail to meet any of the above criteria to be a Third Party Administrator then you must stop using the Service and notify HealthExpense.

Third Party Web Site or Mobile Application Provider. If you use the Service to enable or add features to part of a non-HealthExpense website, mobile app or software application or product, and that website, mobile app or software application or product has associated with it a subscription or license agreement, then you are a Third Party Web Site or Mobile Application Provider and all terms of this agreement applicable to a Subscriber apply, and in addition all those terms with a "[Powered By]" prefix in the header apply to the Subscriber, the Subscriber's employer and all users of this service employed by or contracted with the Subscriber's employer.

Subscriber's Use of the Service

If Subscriber accepts this Agreement and/or uses the Service, then Subscriber represents and warrants that Subscriber is of a legal age to form a binding contract and has the capacity to be bound by it. If Subscriber is acting on behalf of a company, employer or other third party, Subscriber represents and warrants that Subscriber has the authority to bind such company, employer or other third party. The Service is intended to be used by adults. Subscriber agrees not to use the Service if Subscriber is under 16 years of age.

If the Service is provided as part of a benefit package then the Subscriber's use of the Service is limited by HealthExpense.com agreements with the Subscriber's employer, and with any third party contracted by the Subscriber's employer to provide the Service. Continued use of the software after termination of employment may require conversion of Subscriber's account to an individual subscription basis and will require your consent to a 'Personal Software Use Agreement.

Subscription fees for personal use may be set and changed at any time by HealthExpense.

If the Service is provided as part of a "Powered by HealthExpense Service" on a third party web site or mobile app, your use of the Service is limited by HealthExpense agreements with the provider.

HealthExpense grants you a limited, non-exclusive, non-transferable, non-assignable license (with no right to distribute or sublicense) to use of the Service. You may not allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Service for any purpose whatsoever. You may not allow any unauthorized third party to access the Service for any purpose whatsoever. You may not access the Service other than by the interfaces provided by HealthExpense. All rights not expressly granted under this Agreement are retained by HealthExpense.

HealthExpense will provide access to Service based on username that is your preferred contact email address and password authentication. You agree that the username and password required for authentication to Service will not be shared or disclosed under any circumstances. If you become aware of any unauthorized use of your contact email and password information, you agree to notify HealthExpense immediately at the email address – support@HealthExpense.com

By providing us with your email address at registration, Subscriber agrees to receive all required notices electronically, to that email address. It is Subscriber's responsibility to update or change that address. Notices will be provided in HTML in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Subscriber may terminate this agreement by sending an email to support@HealthExpense.com requesting account deletion.

Third Party Websites

When you provide login information to third party websites which enables HealthExpense to access information stored in that third party website; you:

  1. Represents and warrants that you have authority to provide the username, password, secret question and all information needed to access a Third party account. This information is referred to collectively as "Access Information."
  2. Grants HealthExpense a limited power of attorney and appoints HealthExpense to act on you behalf, as your attorney-in-fact and agent, to access health benefit information, health insurance, payroll, and financial records for the persons and their dependents whose accounts are accessible using Access Information; including but not limited to explanation of benefits statement, payment information, payment records, balances, and financial transactions from your employer, insurance company, financial services provider, bank, credit card company, pharmacy, healthcare providers, and employer payroll processing company. This accessed information is referred to collectively as "Healthcare and Financial Information."
  3. Authorizes and permits HealthExpense to use and store Healthcare and Financial Information submitted by you to the Service.
  4. Understands and agrees that the Service is not sponsored or endorsed by any third parties accessible through the Service.
  5. Understands that, if the third party website becomes unavailable or terminates HealthExpense access to the third party website account(s), any Healthcare and Financial Information not previously accessed from that third party website will no longer be available or viewable via the Service.
  6. Understands that HealthExpense will access, retrieve Healthcare and Financial Information from your HealthExpense account and may store it on the third party website account or service in order to make it available and viewable through the third party.
  7. Has the ability to disable the connection between the Service and any third party website at any time by emailing support@HealthExpense.com. The ability to disconnect may also be offered by the third party website, Subscriber should review their agreement with the third party website.
  8. UNDERSTANDS THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY WEBSITE AND SERVICE IS GOVERNED BY THE AGREEMENT THE SUBSCRIBER HAS WITH SUCH THIRD PARTY WEBSITE AND ANY INFORMATION THAT YOU PROVIDE TO SUCH THIRD PARTY WEBSITE OR THAT IS HELD BY THE THIRD PARTY WEBSITE AND THE STORAGE THEREOF, IS SUBJECT TO SUCH AGREEMENT. ANY RISK OF LOSS RELATING TO HEALTHCARE AND FINANCIAL INFORMATION THAT YOU MAKE AVAILABLE VIA THE SERVICE LIES ENTIRELY WITH YOU. HEALTHEXPENSE MAKES NO EFFORT TO REVIEW THE HEALTHCARE AND FINANCIAL INFORMATION FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO ACCURACY, LEGALITY OR NON-INFRINGEMENT.

Privacy for your information

By accessing and using the Service, you agree and acknowledge that you are providing to us your personal information including without limitation health information ("Personal Information"). This information is used by us to serve your needs. HealthExpense administers this data in a manner that is consistent with applicable state and federal laws, rules, regulations, or other legal obligations.

Except as set forth below, HealthExpense will not share your Personal Information with employers or any third party unless you authorize the third party to access such information; or if you are provided access to the application as part of your benefit package for the purposes of reimbursing health care expenses; or if you have enrolled through a third party for access to the Service so as to allow the third party to distribute funds from an Flexible Spending Account, Healthcare Savings Account or Health Care Reimbursement Account.

In the case of reimbursement of healthcare expenses by a third party, you agree that your Personal Information will be accessible by the third party. In the case of the sign-up through a third party site or mobile app, you agree that such information will be made available to the third party and the third party's privacy policy will apply. You acknowledge and accept that HealthExpense may disclose Personal Information in response to legal process to appropriate legal or private parties to respond to claims and legal process (including but not limited to subpoenas) to protect the property and rights of HealthExpense or a third party, to protect the safety of the public or any person, or to prevent or stop activity it may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

For information on third parties with which the Subscriber's individually information is being shared send an email to support@HealthExpense.com

You acknowledge and accept that HealthExpense may aggregate information and provide it as part of the Service. By aggregate information we mean information provided by at least two Subscribers as part of their use of Service, such as zip code, or utilizing their accessed Healthcare and Financial Information; where the information is cleansed to remove all individual identifying information.

You acknowledge and accept that HealthExpense may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform improvements to the Service (e.g., without limitation, maintenance services, database management, web analytics and improvement of the HealthExpense web site's features) or to assist us in analyzing how our Service is used. These third parties have access to personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

You acknowledge and accept that HealthExpense may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Security and HIPAA

HealthExpense.com implements administrative, physical, and technical safeguards to protect the confidentiality of Healthcare and Financial Information in its databases; and HealthExpense maintains reasonable policies to limit access and detect, contain and correct security violations. HealthExpense maintains HIPAA level confidentiality of your and your dependent's individually identifiable data as noted in the previous section.

Service Levels

Makes best efforts to provide access to the Service. HealthExpense provides no guarantee of access to the Service. HealthExpense does Mot assume responsibility for the timeliness, accuracy, completeness, deletion, non-delivery or failure to store any Healthcare and Financial Information, or other information or settings. For instance, when displayed through the Service, Healthcare and Financial Information is only updated as of the indicated time, which reflects the date and time on which the when Healthcare and Financial Information was obtained from the applicable third party website.

Powered by Trademarks

For the purposes of this Agreement, HealthExpense grants to the Subscriber a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license during the Term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of HealthExpense (each, a "HealthExpense Mark") for the purpose of promoting or advertising that You use the Service, solely in accordance with the terms and conditions of this Agreement. In return the Subscriber hereby grants HealthExpense a limited, non-exclusive, non-transferable, non-sublicenseable license during the Term of this Agreement to display your company, employer or other third party trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that the Subscriber and Subscriber's employer use the Service.

In using HealthExpense Marks, Subscriber may not: (i) display a HealthExpense Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by HealthExpense; (ii) use HealthExpense's Marks to disparage HealthExpense or its products or services; or (iii) display a HealthExpense Mark on a site that violates any law or regulation.

Notwithstanding the above, HealthExpense may determine in its sole discretion whether HealthExpense Marks may be used in connection with your Application, mobile application or website. Furthermore, we may modify any HealthExpense Marks provided to Subscriber at any time, and upon notice, the Subscriber will use only the modified HealthExpense Marks and not the old Eligible Marks. Other than as specified in this Agreement, Subscriber may not use any HealthExpense Mark unless Subscriber obtains HealthExpense's prior written consent. All uses of the HealthExpense's Marks and goodwill associated therewith shall inure to the benefit of HealthExpense.

Security

You agree to protect and provide for the privacy and security of all Healthcare and Financial Information accessed using the Service.

Termination

You may terminate this agreement by sending an email to support@HealthExpense.com requesting account deletion. HealthExpense will provide notification of your request to delete your information and request confirmation. Once confirmation is received, HealthExpense will delete your data. You acknowledge that HealthExpense is not able to recover or restore the data.

Exclusion of Warranties

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. HEALTHEXPENSE DOES NOT MAKE ANY EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEALTHEXPENSE DOES NOT MAKE ANY WARRANTY THAT THE DATA AND INFORMATION PROVIDED OR ACCESED THROUGH THE SERVICE IS ACCURATE, OR SATISFIES OR COMPLIES WITH ANY STATE OR FEDERAL GOVERNMENT REGULATIONS.

Limitation of Liability

NEITHER YOU NOR HEALTHEXPENSE MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $500 IN DAMAGES, OR PENALITIES FROM EITHER A COURT OR ARBITRATION AWARD.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if HealthExpense does not exercise or enforce any legal right or remedy which is contained in the Agreement (for which HealthExpense has the benefit of under any applicable law), this will not be taken to be a formal waiver of HealthExpense's rights and that those rights or remedies will still be available to HealthExpense.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you the Subscriber and HealthExpense regarding the subject matter of the same, and supersedes all other previous agreements.

Contact us

If you have any additional questions about this agreement, or your dealings with HealthExpense, please email us at support@HealthExpense.com.