FSAok® AutoCopay™ TERMS AND CONDITIONS

The AutoCopay Service. By registering for this Service you are establishing an AutoCopay account maintained by Finpago. Your pharmacist may submit a claim to us for payment for the amount that you owe (A) for prescriptions ordered, each time prescriptions are ordered by you or on your behalf, and (B) other medical expenses such as over-the-counter medicines which the IRS recognizes as medical expenses. You can update your AutoCopay account, to determine if you qualify for additional FSAok features and benefits by visiting our website at www.FSAok.com/AutoCopay and completing your online registration for such services.

When we charge your credit and/or debit card, you will be purchasing AutoCopay “CopayCredits” from Us. CopayCredits can only be used to pay your medical expenses through AutoCopay participating pharmacy providers and have no additional cash value.

When we receive claims from Your pharmacy provider, we attempt to determine that these items are FSA-eligible by matching your purchases to a list of items commonly recognized as FSA-eligible; we consider all physician prescribed prescription drugs eligible. At our sole discretion we may deny payment of a claim for a pharmacy provider if among other reasons, we do not determine that the item(s) claimed is FSA-eligible.

If payment of a claim is authorized, we may first use any of your unused CopayCredits then for any remaining balance we will charge one or more of the registered credit and/or debit cards in the amount of the remaining balance owed, up to the full amount of the claim. Your pharmacist can inform you of the amount paid using AutoCopay; normally this information is printed on the prescription information given to you.

When You register your credit and debit cards we may attempt to authorize and reverse a payment of up to $2.00 on each such card to confirm that it is active and properly registered. You acknowledge that your bank may temporarily reduce your available balance by that amount.

Refund Policy: Purchases of CopayCredits that you make from us are not refundable unless made as a direct result of our error or if we determine at our sole discretion that the charges were fraudulent. CopayCredits expire if not used within 12 months. You are responsible for all usage of your AutoCopay account. If a claim for a prescription or other medical expense is authorized on your behalf, refunds of CopayCredits are generally not permitted except under extraordinary circumstances, which do not include failing to pick-up an ordered prescription. Refunds are at Finpago’s sole discretion. See a copy of our refund policy at www.FSAok.com/AutoCopay.

Warning: If your AutoCopay account is lost or stolen it is your responsibility to notify us as your account may be used without your consent. Finpago will have no liability for any unauthorized use and any related charges to your registered credit and/or debit cards. If you believe someone has gained unauthorized access to your AutoCopay account number, you must inform us immediately by contacting us at www.FSAok.com/AutoCopay or calling us at (484) 420-7100. You will be responsible for any charges made in connection with your account before we have received notice from you to suspend it.

If your Account has unauthorized use we will attempt to facilitate refunds of unauthorized payments from pharmacy providers that received the fraudulent or erroneous payment(s) from your AutoCopay account. You hereby agree that pharmacies may not have an obligation to provide a refund, and under no circumstances will we be responsible to you for refunds of payments from your AutoCopay account.

We contact you using the methods that you have registered with us. You agree (1) to provide your valid email address to us or your cell phone number capable of receiving SMS text messages (Note your mobile phone provider may charge you to receive text messages), (2) to receive electronically from us, all notices relating to this Agreement and other communications regarding AutoCopay, (3) that if you have not provided a valid email or cell phone SMS address, you are directing us to deliver notices to you by US Mail, (4) that we may charge a fee to you for communications that we deliver to you by US Mail, (5) that all notices to you are deemed received when sent by us, unless sent by First Class US Mail, in which case they will be deemed received seven calendar days after being mailed, (6) that we will attempt to send you a message notifying you each time your AutoCopay account is used, (7) that messages to you may contain information relating to other (including third party) products and services that we determine may be of interest to you, (8) that you may opt out or terminate your AutoCopay Service if you do not wish to continue receiving notices from us, and (9) that you will use our website to update your email and cell phone contact information and communication preferences.

Finpago is the sole provider of AutoCopay. If you signed up for your AutoCopay Account at a pharmacy, you acknowledge that the pharmacy has acted as our agent for the sole and limited purpose of obtaining and providing us with your registration information, and that it has no liability to you in connection with providing it to us.

Authorizations: In electing to have us process AutoCopay claims, you authorize and direct (1) your pharmacy provider to send, and us to receive, use and store, pharmacy claims, including personally identifiable medical treatment information, for payment from your AutoCopay Account, (2) us to charge your registered credit and/or debit cards for sufficient CopayCredits to pay AutoCopay claims approved by us, (3) us to provide such information for charges to your “FSA debit” or similar health spending account payment card transactions to the bankcard processor, issuer, third party administrator or employee benefits administrator of such account as we reasonably determine to be necessary in connection with your use of such payment cards, and (4) us to operate the Service as defined in these FSAok Terms and Conditions. You agree that the authorizations you provide here shall remain valid for at least all claims that we process on your account. As long as we store your information, we will make reasonable efforts to protect its confidentiality, and will only disclose it to third-parties if directed by you or required by law. With your signature, we may replace registered bankcard information with updated information gained through a third-party for replacement cards. If you choose, additional bankcard registrations may be done on your behalf by your pharmacist electronically. Such registrations are subject to the same terms of bankcards that are registered via the enrollment form or our website.

LIMITED POWER OF ATTORNEY: You hereby appoint Finpago, Inc. as our attorney in-fact to represent you for the limited purposes of (1) collecting your information related to AutoCopay claims that we process, (2) pursuant to authorized requests to present such information to employee benefit administrators and their agents; (3) to receive and present your information regarding your employee benefits and claims; and (4) to represent to providers of any such information, their right (and as appropriate their obligation) to provide such information to us on your behalf.

Acceptable use. You shall not rely upon the FSAok service for medical Advice, choosing or managing any specific treatment, or tax advice. You are responsible to ensure that use of your AutoCopay account and registered cards complies with applicable laws, rules, regulation and agreements including rules for your particular FSA, HSA or HRA account: (1) you will not use your AutoCopay account to make payments for any person other than you, or your applicable dependents, spouse or domestic partner, and (2) you will only use your AutoCopay account FOR ELIGIBLE EXPENSES THAT HAVE NOT BEEN, nor WILL BE, REIMBURSED UNDER ANOTHER BENEFIT PLAN or CLAIMED AS AN INCOME TAX DEDUCTION. You agree that (A) you shall not rely on this service to identify, secure or maintain documentation or records that you are required by law or agreement to keep, including proof of your expenses, even if it is sufficiently documented by notices that we send to you; (B) you shall not rely on AutoCopay to verify receipt of communications by you to us or by us to you or other intended recipients; (C) we can rely upon the information that you provide to us and that you shall only represent to us your true legal identity; (D) use of the Service is only for purposes that are authorized by Finpago, and consistent with these Terms and Conditions and all applicable laws, rules and regulations; and (E) Your FSAok account number and the numbers of registered credit and debit cards (collectively, the “Password”) are intended for your sole use not to be provided to third parties, and are used to identify you to provide you with access to your account information on the AutoCopay website and certain other services that involve information about you; and neither Finpago nor any other entity that provides information in connection with the Service shall be liable to you for the use or misuse of your Password, whether or not authorized by you. You agree to notify Finpago immediately of any unauthorized use of your Password or of any need to deactivate the Password(s) associated with your FSAok account.

Indemnity and Disclaimers. By using the Service you agree to indemnify and hold harmless Finpago, Inc., its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses, and causes of action (including attorney’s fees and court costs) arising out of or relating to your breach or alleged breach of these Terms and Conditions (including without limitation, claims made by third parties for infringement of intellectual property rights). We reserve the right to assume the exclusive control over the defense and settlement of any matter subject to indemnification by you. Services are provided on an “as-is” basis without expressed or implied warranties, including without limitation, warranties or implied warranties of title, Service merchantability, fitness for a particular purpose, non-infringement, service quality, accuracy, service completeness, validity, that it will be uninterrupted, error-free, or that defects will be corrected.

Limitation of Liability. NEITHER FINPAGO, NOR ANY FSAok-PARTICIPATING PHARMACY, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM ANY ERROR OR OMISSION RELATING TO THE SERVICES,THE USE OF, OR THE INABILITY TO USE, SERVICES, EVEN IF FINPAGO, ANY PROVIDER OF FSAOK INFORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINPAGO’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULT ING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE FSAOK SERVICE, WHETHER IN CONTRACT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (A) THE MAXIMUM AMOUNT OF FEES CHARGED TO YOU FOR THE FSAOK SERVICE LESS PAYMENTS TO PHARMACY PROVIDERS ON YOUR BEHALF, OR (B) ONE DOLAR PER MONTH FOR EACH CALENDAR MONTH DURING WHICH YOU VISITED AND LOGED INTO THE FSAok WEBSITE TO USE THE FSAok SERVICE.

Miscellaneous. Notices to Finpago from you must be delivered via Certified US Mail to Attn: Legal Dept, Finpago, Inc. 262-64 E. Main Street, Norristown, PA 19401, with Copy to Attn: Legal Dept, Finpago Inc., PO Box 448, Villanova, PA 19085. Finpago operates Service from its offices and server sites within the United States. Finpago makes no representation that the Service is available for use outside the United States. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York without regard to the choice of law provisions of any jurisdiction. You agree that any legal action or proceeding between you and Finpago in any way related to these Terms and Conditions shall be brought exclusively in a court of a competent jurisdiction sitting in Philadelphia, Pennsylvania. This Service and all its contents are the property of Finpago, Inc. and its affiliates and licensors, and are protected from unauthorized copying and distribution. FSAok is a registered trademark, and AutoCopay and Finpago are trademarks of Finpago, Inc. All other logos or product names are trademarks of their respective owners. Any cause of action or claim you may have against or involving Finpago must be commenced within one year after the claim or cause of action arises. Failure to enforce or insist on strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Finpago may without notice to you assign its rights and duties under these Terms and Conditions to any party at any time. Neither the trade practice nor the course of conduct between you and Finpago shall modify any provisions of these Terms and Conditions. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the remainder of these Terms and Conditions. These Terms and Conditions constitutes the entire agreement between you and Finpago, and it supersedes all prior agreements, representations, proposals and other communications with respect to the service.

COMMENTS, COMPLAINTS AND QUESTIONS should be emailed to us at
AutoCopay@FSAok.com or visit us at www.FSAok.com/AutoCopay.