Effective Date: September 16, 2025
Welcome to Wellness Pay, Inc. (“Wellness Pay”). Please read these Terms & Conditions (“Terms”) carefully. They contain important information about our services and affect your rights.
By accessing or using the Wellness Pay website (“Site”) or any of our services (“Services”), you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree with these Terms, do not use our Site or Services.
Wellness Pay's Terms of Service include an arbitration agreement that, with limited exceptions, requires you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement you will only be permitted to pursue claims against Wellness Pay on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms of Service describe a contractual relationship between us, Wellness Pay, and you, an individual customer of Wellness Pay or of one of Wellness Pay’s merchant partners (“Partners”). Wellness Pay provides its services to you through its website, through integrations with its Partners, and through its related services (collectively the “Services”), subject to the following Terms of Service.
2.1 Service Description
Wellness Pay provides payment integration and eligibility qualification services to customers and merchant partners (“Partners”). Our platform may connect users with licensed providers (“Providers”) for telehealth services or related offerings.
2.2 Modifications
We reserve the right to modify or discontinue any aspect of our Services at any time, with or without notice. Wellness Pay is not liable for any modification, suspension, or discontinuance of the Services.
2.3 Eligibility
You must be at least 18 years old and a resident of the United States or its territories.
Do not register or provide personal information if under 18.
2.4 Changes to Terms
We may update these Terms at our sole discretion. Material changes will be posted on the Site or communicated via email. Continued use after changes become effective constitutes acceptance of the new Terms.
Wellness Pay does not provide medical advice, medical services, or medical care. Any health care services accessed via the Wellness Pay platform are provided solely by independent, licensed healthcare providers or third-party medical groups (“Providers”). Our platform serves exclusively as a communication and facilitation tool for users and Providers. Wellness Pay does not supervise, assume responsibility for, or endorse any Provider, product, or service and makes no warranties or guarantees regarding the healthcare services or outcomes provided by third-party Providers.
By using the telehealth features of our Services, you acknowledge and accept the inherent limitations and risks associated with virtual care, including the possibility that your provider may make clinical decisions based on information provided electronically. Should you require immediate or emergency care, you must call 911 or seek care directly from an emergency facility.
If your plan includes doctor consultations, you are responsible for ensuring your presence at such required appointments. Wellness Pay makes no representation regarding the ability of Providers to issue documents (including Letters of Medical Necessity “LMN”) or the ultimate approval of benefits, as these outcomes depend on both your insurance plan and HSA/FSA administrator policies.
Provide accurate, current, and complete information
Do not misrepresent your identity, medical history, or eligibility.
Maintain the confidentiality of your account credentials.
Notify us immediately of any unauthorized use or security breach.
5.1 Payments
Payment may be required for certain Services. You must provide accurate and authorized payment information.
Disputes regarding charges must be reported within 60 days of the transaction.
5.2 Refunds
Refunds are available only in limited circumstances, such as if a required document is rejected by your plan administrator or as described in the Money-Back Guarantee below.
If you use Wellness Pay through a Partner, refund requests for Partner products must be directed to the Partner.
5.3 12-Month Money-Back Guarantee for Eligible Annual Members
A conditional 12-month money-back guarantee is available only to eligible annual members (excluding Pay-As-You-Go and monthly plans). To qualify, users must meet all of the following requirements:
Eligibility Conditions
Maintain an active annual Wellness Pay membership for the full term.
Demonstrate a good-faith effort to unlock tax-free HSA/FSA savings by:
Linking one or more valid HSA/FSA accounts, or uploading multiple receipts for verification.
Completing the Wellness Pay intake form fully and accurately.
Submitting at least five (5) unique LMN requests across three (3) or more distinct product or service categories (examples: supplements, labs, fitness equipment).
Booking and attending at least one doctor consultation (if included in your plan).
Attempting to spend or claim 100% of your eligible HSA/FSA funds during the membership year.
Must fall within a 22% or higher federal income tax bracket, or be eligible for at least $1,500 in tax savings.
Must submit documentation—such as administrator rejections, LMN denials, and platform usage logs—demonstrating that net savings did not exceed the cost of the membership due to platform limitations or unjustified denials (not due to user inaction or plan restrictions).
Request Timing & Documentation
Refund requests must be submitted within 30 days of the membership’s 12-month expiration date.
Requests must include:
Proof of linked HSA/FSA account(s) or uploaded receipts.
LMN history.
Claim submission logs or screenshots.
An explanation of why expected savings were not realized.
Wellness Pay Rights & Safeguards
Wellness Pay reserves the right to audit your usage logs and reject any request showing insufficient engagement or improper use.
The maximum refund is limited to the total fees paid for the eligible annual membership.
Only one refund per household may be issued.
Wellness Pay may adjust the above thresholds annually based on IRS updates, medical guidelines, or pricing changes.
Additional Note
Wellness Pay follows industry best practices for LMN generation and platform eligibility documentation. However, Wellness Pay is not responsible for the final outcome of LMN approvals or the reimbursement decisions made by HSA/FSA administrators. We make best efforts to support your claims but cannot guarantee approval, as HSA/FSA plan administrators may have their own criteria or may elect to deny claims for reasons outside of our control. Your use of the Services is not a guarantee of eligibility or reimbursement.
You agree not to:
Interfere with or disrupt the Site or Services;
Violate any applicable law or regulation;
Impersonate others or misrepresent affiliations;
Solicit information from minors;
Use the Services for commercial purposes unless expressly authorized;
Attempt unauthorized access or data collection.
All content, trademarks, and technology on the Site are the property of Wellness Pay or its licensors. Do not reproduce, distribute, modify, or create derivative works without express permission. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Wellness Pay, our affiliates and our Partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Wellness Pay.
Wellness Pay’s Site and Services may contain links or integrate with third-party providers and merchant Partners. All transactions or services provided by such third parties, including but not limited to healthcare Providers, Partners, and HSA/FSA administrators, are solely between you and the third party. Wellness Pay is not responsible for the outcome of third-party decisions, including but not limited to LMN approvals or reimbursements by HSA/FSA administrators, and cannot guarantee the approval, denial, or timing of such claims, which are subject to applicable laws, individual administrator practices, and other factors beyond our control. We strive to follow industry best practices for supporting and documenting claims, but we cannot control deliberate declines or inconsistencies by third-party entities
You agree to release, indemnify and hold Wellness Pay, its officers and its affiliates harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Services, your use, non-use, or mis-use of any products or services purchased from a Wellness Pay merchant Partner in connection with the Services, your use, non-use, or mis-use of any products or services from the Medical Group, your violation of these Terms of Service, or your violation of any rights of another. Wellness Pay is not liable for indirect, incidental, or consequential damages. Total liability is limited to the amount you paid Wellness Pay in the last six months, or $100, whichever is greater.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disputes will be resolved by binding arbitration under the rules of the American Arbitration Association. Claims must be brought individually, not as part of a class or representative action. You waive the right to a jury trial.
Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Wellness Pay will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Terms of Service as a whole are for an arbitrator and not a court to decide.
Wellness Pay may suspend or terminate your account or access to Services at its discretion, with or without notice. Any suspected fraudulent or illegal activity may be reported to authorities.
Wellness Pay is committed to protecting your privacy in accordance with all applicable laws, including state-specific privacy statutes. For residents of California, Wellness Pay adheres to the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA), and any related amendments such as the California Privacy Rights Act (CPRA). These statutes provide California residents with important rights regarding their personal information, including the right to access, correct, or request deletion of their data, to opt out of certain uses or sales of personal data, and to understand how their data is collected, shared, or disclosed. See our Privacy Policy for details on your rights and how to exercise them.
By providing your contact information and using Wellness Pay’s Services, you affirmatively consent to receive communications from Wellness Pay, including transactional, informational, and marketing communications. These communications may be delivered electronically via email or SMS (text message), subject to your ability to opt-out of marketing communications at any time by following the opt-out instructions provided in any marketing message or by contacting support. Standard carrier rates may apply for SMS communications.
These Terms constitute the entire agreement between you and Wellness Pay. These Terms are governed by the laws of the State of Florida, except as otherwise provided in the arbitration section. Any claim must be filed within one year of arising. You may not assign these Terms without our consent. Section titles are for convenience only and have no legal effect.
