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 Platform Terms of Service (“Platform Terms”), and all additional terms, policies and guidelines applicable to the Services that you use (the “Terms”). Capitalized terms used but not defined in these Member Terms shall have the same meaning as they have in the Platform Terms.
Through the Services, you may manage and access certain benefits (“Benefits”) through a website, mobile application and Level Card (your “Level Account”). You can view the amount of benefits funds available to you through the Services. Some Benefits will be further described in a benefit 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. Unless otherwise prohibited by law, 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 transaction and claim information processed by eligible merchants and 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”). While it is preferable to use your Level Card, you may also pay with a personal payment method and submit a request for reimbursement through your Level Account. You may not use the Services to pay for an item or service that is in excess of your total benefit amount or for any purpose that is unlawful or prohibited by these Terms. Incidental amounts that may be permitted by the Employer in excess of your total benefit amount are not 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.
You are responsible for keeping track of your available limit for Qualified Expenses, which you may view through your Level Account. There may be delays in transaction processing times and records, so your available limit for Qualified Expenses as displayed in the Services may not always be current. You may not initiate any transaction that exceeds your available limit for Qualified Expenses. You are liable for any transactions that exceed your available limit for Qualified Expenses and must immediately repay Level for the amounts of such transactions and any associated fees.
In order to meet the purpose of the Benefit as defined by your Employer or, as applicable, maintain its tax advantage status, you agree to repay Level or your Employer for any amounts you or one of your Dependents (as defined below) pay for items or services that that are not Qualified Expenses, including, but not limited to expenses that; (i) are not for the intended purpose of the Benefit, (ii) did not meet the written requirements of your Benefit pursuant to the Plan Documents, (iii) are not properly verified, or (iv) are in excess of your total Benefit amount. You further agree that neither you nor your Dependents will use your Benefits for any Qualified Expense that has already been reimbursed or seek reimbursement under any other benefits plan for any Qualified Expense that has been paid for with your Benefits. If you fail to repay the amount of any improper or excessive transaction, you agree that, to the fullest extent permitted by law: (i) we may suspend access to your Level Card, (ii) your Employer will be entitled to withhold the amount of the improper payment from your pay or other compensation, (iii) we may offset future reimbursement claims you submit towards any other Benefit plan by the amount of the improper payment, (iv) you will be liable to us or your Employer for any fees, charges, costs, amounts, expenses or other losses that result from your actions or inactions associated with use of the Level Card, and (iv) you will pay Level the reasonable costs and expenses of collection of any amounts due from you under the Terms.
The Employer may enable you to obtain a Level payment card (“Level Card” or “Card(s)”) for yourself and your dependent(s) who are enrolled to access Benefits. These Cards are provided to you by Level to access your Benefits and pay for Qualified Expenses in accordance with these Terms. These Cards are issued by a payment card network principal issuing member (“Issuer”), and may be managed by a third-party service provider. The Issuer of your card may be identified on the back of physical Cards and relevant program materials provided to you. You acknowledge and agree that, as a user of the Level Card, you are bound by the Authorized User Terms of the Issuer and any other applicable third party terms, conditions and privacy policies identified in the Partner Terms (available at https://level.com/legal/partner-terms). 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 18 will not be able to obtain direct access to Cards, though you may use your Card to pay for Benefits available to such dependents. The Card is not connected to any checking or savings account. Level does not charge you 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. Each Level Card transaction that you initiate or authorize constitutes your affirmation that the Level Card is being used to pay for Qualified Expenses, and your request will reduce your available limit for Qualified Expenses by the amount of the transaction and any applicable fees. You are responsible for all transactions you initiate or authorize, including any and all fees you incur while using the Level Card. You are responsible for ensuring that all use of the Level Card, including but not limited to any use by your dependent, as that term is defined by Section 152 of the Internal Revenue Code (“Dependent(s)”), or any other person you permit to access the Level Card, complies with the Terms and all applicable laws, rules and regulations. 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 submitted transaction exceeds your Qualified Expense limit, less the amount of your outstanding transactions; (iii) the amount of the proposed transaction, together with your pending 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 for an expense that is not 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 or your Dependent 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, (v) you use the Card for illegal, inappropriate and/or abusive transactions or (vi) you provide false or misleading documentation or 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 an expense that is not a Qualified Expense. Level will have no liability 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.
Keeping The Level Card Safe.
Linked Account(s). You may choose to maintain at least one deposit or other similar type of bank account that is held with a financial institution and is linked to or otherwise authorized for use through your Level Account (“Linked Account”). You represent and warrant that the Linked Account belongs to you, you have the right to authorize us to charge your Linked Account, and that you will maintain your Linked Account information to be accurate and up to date. You will indemnify and hold Level harmless from any claims by any other owner of the Linked Account. Level does not take any responsibility for payment made into or out of the wrong account based on information you or others on your behalf provide to us. You agree to promptly notify us of any changes to your Linked Account in writing or through your Level Account.
Payment Authorization. You authorize Level and its service providers to debit and credit your Linked Account in connection with the Services (“Payment Authorization”). Such debit or credit may take the form of a direct check, an ACH debit or credit, or other form of funds transfer, in Level’s sole discretion. You appoint Level as your agent for the limited purpose of providing the Services to you.
Sufficient Funds. You agree that you - and not we - are responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a sufficient balance in your Linked Account. You agree that if there are insufficient funds in your Linked Account, we may (but we are not obligated to) advance the funds to make initiated payments. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf.
Invalidation. Payments may be invalidated and reversed by us if, among other reasons, Level sent the payment in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated the Terms or any other agreement with us. You agree that we may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your Linked Account, the fact that your Linked Account is closed, or because you provided incorrect account or routing information to us.
We operate a compliance program for the Level Card that is designed to: (i) prevent terrorism and money laundering activities, (ii) fulfill our legal and contractual obligations, and (iii) prevent fraud, other harm and illegal activity. You understand and agree that, in order to administer our compliance program we may be obligated to obtain, verify, and record information that identifies you (such as your name, contact information, date of birth and other identifying information) and all information pertaining to your use of the Level Card and our platform. You agree to keep your identification information current with us. You represent and agree that you are not currently and will not become subject to a U.S. Office of Foreign Asset Control list, or any other law, regulation, or other list of any government agency that prohibits or limits us from permitting you to use the Level Card or from otherwise conducting business with you.
These Member Terms, together with all internally referenced additional agreements, terms and conditions, and other legal documents, contain all the terms and conditions agreed upon by you, and supersedes all other agreements, express or implied regarding the subject matter. In the event of conflict between these Member Terms and the Platform Terms, these Member Terms will supersede and control.
Last updated: November 10, 2023