Last updated: January 4, 2021
Thanks for using Level. Level is a third-party administrator of employer benefits. We help companies self-insure plans for their employees and families. Level operates a network of providers, helps design and price plans, processes claims and payments, and assists employees with easy-to-use tools and customer support.
Level provides technologies to help employers administer certain health care benefits for their employees. Level also operates Sites and Apps wherein those employees can manage their health care benefits. Nothing contained, expressed or implied in the Services is intended as nor shall be construed as medical advice.
Using the Services. You’re responsible for your conduct. You agree that you will comply with the Terms, including our Acceptable Use Policy. You agree that you will use the Services as intended, and that you will not (i) sell, resell, or lease the Services unless you are authorized by us to do so, or (ii) reverse engineer or decompile the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for your or anyone else’s use of the Services.
Applicable Law. You may use our Services only as permitted by applicable law, including export control laws and regulations. Our Services may only be used in the United States of America. By agreeing to these Terms, you represent that (i) you are at least 18 years of age; or (ii) you are at least 13 years of age and your use of the Services has been approved by your parent or legal guardian.
Your Account. If you have an account with us, safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account; you are responsible for any activity on your account. You may not use an email address with the Services that you don’t have the right to use or another person’s email address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
By accepting these Terms and connecting Your Account, you’re electronically signing and providing your consent to receive electronic communications from us. Such electronic communications may include, for example, payment authorizations, information about claim status, and account updates. If you contact us, we will provide you with a paper copy of the requested communication. If you want to withdraw your consent to receive electronic communications, you should disconnect Your Account from Level, and you will no longer be able to use the Services in relation to Your Account. To access and retain electronic communications, you must have a Level account, a computer or mobile device that has screenshot or printing capability, a connected printer if applicable, and internet access.
If your employer has chosen us to administer its benefits plan (you’re a “Member”) and your use of the Services must comply with your employer’s terms and policies, and your benefits plan is subject to your employer’s control. Your employer may be able to restrict or terminate your access to your benefits plan. In addition, there may be times when your employer will receive claims submitted by your Providers because your employer is ultimately responsible for their payment. You hereby grant Level the rights to Your Information that are reasonably necessary for Level to provide the Services to your employer.
Through the Services, you may manage and access certain benefits offered by your employer (“Benefits”). For more details about the Benefits, see the Benefits Booklet provided by Level and the Summary Plan Description provided by your employer. You can view the amount of benefits funds available to you through the Services. You may only use your benefits plan balance to pay for items and services covered under your benefits plan (“Qualified Expenses”). If you or one of your dependents use funds available to you under your benefits plan to pay for an item or service that is not covered by your benefits plan that you are responsible for paying, including without limitation, deductibles or personal expenses (each a “Non-Qualified Expense”), you agree to reimburse 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. You will acquire and retain sufficient documentation (including invoices and receipts) for any Qualified Expense paid for with your Benefits. Level is not responsible for any problem you or your dependent may have with any goods or services purchased through your Benefits.
You may choose to connect a funding account to the Services (“Your Account”) to receive reimbursement for Qualified Expenses that you pay for out-of-pocket. You may also use Your Account to reimburse for purchases of Non-Qualified Expenses if incurred. If you connect Your Account to the Services:
Accurate Information. You represent and warrant that Your Account belongs to you, you have the right to authorize us to charge Your Account, and that you will maintain Your Account information to be accurate and up to date. You will indemnify and hold us harmless from any claims by any other owner of Your Account. Level does not take any responsibility for payment made into or out of the wrong account based on your input. You agree to promptly notify us in writing of any changes to Your Account.
Sufficient Funds. You agree to maintain a balance in Your Account that is sufficient to fund all payments you initiate, and that we are not 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 Account.
Payment Authorization. You authorize Level and its service providers to debit and credit Your Account for payments you transmit or receive through or in connection with the Services including, but not limited to, reimbursement to you for Qualified Expenses or reimbursement to Level for Non-Qualified Expenses. You agree that any transactions you authorize comply with all applicable law. You further understand that this authorization will remain in full force until you notify Level that you wish to revoke this authorization by contacting us at firstname.lastname@example.org or 1 (855) 400-5705. You understand that Level requires at least seven (7) business days’ prior notice in order to cancel this authorization. You understand that revoking such authorization will not affect your responsibility to pay Level for any payments due. If you revoke your payment authorization, Level may, in its sole discretion, suspend or terminate your access to some or all of the Services.
Invalidation. Payments that you initiate through the Services may be invalidated and reversed by us if, among other reasons, the funding transaction from Your Account is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this Agreement 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 account, the fact that Your Account is closed, or because you provided incorrect account or routing information to us.
Your employer may enable you to obtain a Level payment card (“Card”) for yourself and your dependent(s) age 13 and above who are enrolled in the benefit plan. 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 plan 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; rather, you may access and utilize such Cards on their behalf. 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
Physical Cards. Cards are virtual, however, you may choose to obtain physical Cards for you and your dependents by requesting one or more such Cards 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 at selected retail and service establishments that are equipped with a point-of-sale terminal that can process card transactions. 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 your employer; (iv) your or your dependent’s Card has been suspended or terminated for any reason, or (v) your employer or Level believes that the transaction is not for a Qualified Expense. Authorizations for amounts available under a benefits plan are generally based on the funds immediately available to you under your benefits plan, 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 your 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 benefit 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) your 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 plan accessed by the Card or Level no longer offers such plan, 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 shall 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 shall 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 shall 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 shall 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 shall have no liability to you if through no fault of ours, 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 Agreement. Any liability that we may have to you as a result of completing or a failure to complete a transaction shall 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 plan 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) your 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) the 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 these Terms.
Lost or Stolen Cards. You and your dependents must make every reasonable effort to safeguard your Card to prevent it 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.
Fees and Charges. Level does not charge fees for use of the Card.
If you are a health care provider (a “Provider”) or are accessing Level’s Services on behalf of a Provider:
Accounts and Accessing Information. You agree and represent and warrant that you (i) have the necessary authority to open an account on behalf of the relevant Provider, and (ii) will only access and view the minimally necessary information to provide or receive payment for services provided to individuals.
Licenses. The Provider must have and maintain the applicable professional license or certification in good-standing in order to be paid by Level or use Level Services. If the relevant Provider’s license or certification is, or is threatened to be, revoked, suspended or otherwise limited after you submit a claim (each a “License Event”), you are required to notify Level within five business days of becoming aware of such License Event. You acknowledge and agree that you are solely responsible for ensuring compliance with all laws, regulations and other requirements that govern a Provider’s profession.
Your Information. For the avoidance of doubt, Your Information includes all information, including but not limited to information related to any claim, that is submitted on your behalf to Level or that you submit on behalf of a Provider. You agree that Level may publicly disclose and use any of Your Information that you provide in relation to a directory or which would normally be disclosed to your patients.
If you act as a benefit administrator for an employer that is a Level customer (you’re an “Administrator”), you agree that you will only use the Services that Level makes available to administrators as strictly necessary for the purpose of fulfilling your obligation as an Administrator.
Level’s Property. The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, Other Users’ Content, Level trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you, and that such feedback is not confidential.
Possible Infringement. If Level believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Level may: (i) obtain the right for Customer, at Level's expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Level does not believe the options described in this section are commercially reasonable then Level may suspend or terminate your use of the affected Services.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that anything on the Site or in the Services infringes on a copyright that you own or control you may file a notification of such infringement by emailing email@example.com.
The Services may allow you to download client software (“Software”) which may update automatically, or you may access our Services using our Apps. So long as you comply with the Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software and Apps, solely to access the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Level. Level has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that could cause a real risk of harm or loss to us or other users, (c) Your organization’s account is terminated for any reason (if applicable), or (d) for any reason at any time. We may change or suspend the Services at any time. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEVEL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE LEVEL KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.
You will indemnify, defend, and hold harmless Level from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Level and its Affiliates regarding: (i) Your Information; (ii) your use of the Services; or (iii) your breach of the Terms. Level will promptly notify you of the claim and cooperate with you in defending the claim. In its sole discretion, Level may choose to defend itself in any claim, all costs of which you will be responsible for paying or reimbursing, including reasonable attorneys fees.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Level, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Level may bring a formal proceeding.
Judicial forum for disputes. You and Level agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New York, New York, subject to the mandatory arbitration provisions below. Both you and Level consent to venue and personal jurisdiction in such courts.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and Level agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing email@example.com and clearly opting out of arbitration within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York (NY), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Level will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Level will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Level may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in New York County, New York to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Controlling Law. These Terms will be governed by the law of the state of New York except for its conflicts of laws principles.
Entire Agreement. These Terms constitute the entire agreement between you and Level with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability. Level’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be void. Level may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications. We may revise these Terms from time to time. If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org, 28 W 25th Street, 11th Floor, New York, NY 10010.