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Last updated: July 13, 2026
These Terms of Service (this "Agreement") govern your use of our websites, mobile applications, administrator portals, employee accounts, benefit payment credentials, reimbursement workflows, content, software, and related services, including card, banking, reimbursement, data processing, and/or partner services (collectively, "Service") operated by BenePass, Inc. (“Benepass”).
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages, applications, benefits administration workflows, payment credentials, reimbursement requests, support interactions, and related services. You may access it here: https://www.getbenepass.com/privacy.
By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). If you do not agree to this Agreement, you may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICE, INCLUDING SECTION 14, WHICH REQUIRES YOU AND BENEPASS TO ARBITRATE DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL.
If you do not agree with (or cannot comply with) this Agreement, then you may not use the Service, but please let us know by emailing at legal@getbenepass.com so we can try to find a solution.
Benepass provides an employee benefits administration and payment platform for employers, plan sponsors, benefit consultants, administrators, and other sponsoring organizations (each, a "Customer") and for their eligible employees, contractors, dependents, partners, and other authorized participants (each, a "User").
This Agreement does not create a right to receive any particular benefit, reimbursement, account, card, healthcare item, wellness service, tax treatment, or employment benefit. Eligibility, benefit design, funding, budgets, spending categories, claim rules, tax treatment, and program availability are determined by the applicable Customer, plan documents, program terms, law, and Benepass's operational controls.
By creating an Account on our Service, you agree to subscribe to operational, transactional, administrative, security, legal, tax, reimbursement, account, card, and program-related notices, as well as newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or by emailing at ops@getbenepass.com, although you may not opt out of communications necessary to provide, secure, administer, or legally operate the Service.
You agree that electronic notices, records, signatures, authorizations, disclosures, and consents satisfy any legal requirement that such communications be in writing, to the extent permitted by law. You are responsible for keeping your contact information current.
You agree that Benepass may collect, generate, and use aggregated and de-identified information derived from the Services for purposes such as operating, improving, developing, securing, and analyzing the Services, provided such information does not identify you.
Your employer (the “Customer” or the Plan Sponsor of your benefits, as applicable) has partnered with us to make certain benefits accessible to you.
This Agreement forms a contract between you and us. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
The Customer (or the plan sponsor of your benefits, as applicable) is not a party to this Agreement. For you to create a User Account, the Customer must have entered into a written contract with us (a “Customer Agreement”). You understand that your ability to use the Service depends on (1) the Customer’s determination of who is eligible to receive the Service; (2) the Customer Agreement remaining effective; (3) the Customer’s compliance with the Customer Agreement; and (4) your acceptance of and compliance with this Agreement. If at any time the Customer changes your eligibility status, violates certain terms of the Customer Agreement, the Customer Agreement expires or is terminated, and/or you violate this Agreement, your access to the Service may be suspended or terminated.
You may use the Service only if you have the legal capacity to agree to this Agreement, and are authorized to use the Service in the role and jurisdiction in which you access it. A Customer, not Benepass, generally determines whether a User is eligible for a particular benefit program and may change eligibility, budgets, categories, limits, or access at any time subject to the Customer's program terms and applicable law.
If the Service is made available to a spouse, partner, dependent, contractor, international employee, or other non-employee participant, that participant is bound by this Agreement and may be subject to additional eligibility, consent, tax, documentation, and local-law requirements.
Your access may be suspended, limited, or terminated if the applicable Customer Agreement expires or terminates, the Customer stops funding or supporting a program, your eligibility changes, you leave the Customer’s workforce, Benepass or a partner cannot verify required information, a transaction appears ineligible or unlawful, or Benepass, in its sole discretion, reasonably determines that continued access would create legal, security, fraud, compliance, and/or operational risk(s).
The Service is controlled and operated from facilities in the United States. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. By using the Service, you affirm that you are not a resident of a country embargoed by the United States or a person blocked or denied by the United States government.
Provided that you comply with this Agreement, Benepass grants you a limited license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and the Benepass content.
Each User must have their own User Account to access the Service. When creating or using your User Account, you must provide accurate, complete, and current information, including identity, contact, employment, location, tax, banking, reimbursement, receipt, invoice, substantiation, and eligibility information when requested. Benepass relies on this information to provide the Service and does not independently verify the information you give us. If you give us incorrect information, your ability to receive the Service, including processing of reimbursements, may be impacted. Benepass has no liability for any incorrect information that you provide or any actions or consequences resulting from reliance on the information you provide.
Users are responsible for participating in services and maintaining communication with Benepass to support the effective delivery of services.
You are solely responsible for the activity that occurs on your User Account, whether or not authorized by you, and you must keep your User Account password secure. You are responsible for maintaining the confidentiality of your account and password, including by restricting access to your computer, account, devices, multi-factor authentication methods, payment credentials, and other access credentials. You must notify us immediately of any breach of security or unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing your settings in your User Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use; a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
Benepass may require identity, sanctions, employment, eligibility, tax, banking, fraud, or compliance checks before enabling or continuing access to features such as reimbursements, payment cards, account funding, investment-related features, or regulated partner services.
Any abusive, threatening, or inappropriate behavior directed towards any Benepass representatives or associated parties will not be tolerated. You agree that violation of this provision may result in temporary suspension or permanent removal of your access to the Service.
You agree that (i) you or your partner will not use the Benepass card for any expense that has already been reimbursed, (ii) you or your partner will not seek reimbursement under any other health plan or third party source of reimbursement for any expense paid for with the Benepass card or reimbursed through Benepass, (iii) if you reside in the US, you will not seek reimbursement for medical expenses under a health reimbursement arrangement plan if you are not also enrolled in an employer-sponsored medical plan, (iv) you or your partner will not use the Benepass card for any medical expense if you received a tax-free distribution from an HSA or an FSA to pay for that medical expense; and (v) you or your partner will keep sufficient documentation (including invoices and receipts) for any expense and timely submit all required substantiation to Benepass.
In connection with the Service, you may be issued a payment card through Benepass. You may only use the Benepass card to pay for expenses that are designated as eligible for you in the Service and provided by an eligible provider, as defined by Benepass. By using the Benepass card, you enter into, and agree to, additional terms and conditions of the Third-Party Servicer and Issuer (as applicable) that govern use of the Benepass card ("Spend Card Program Agreement" and "Spend Card User Terms") found at https://stripe.com/legal/issuing/commercial-card which is issued through Stripe, Inc.
Any Benepass card issued to you is the property of the card issuer (the “Issuer”, currently, Celtic Bank for Stripe, Inc.). The Customer, the Issuer, the third-party service provider of Benepass’s account services (the "Third-Party Servicer", currently, Stripe, Inc.), or Benepass may stop payment, block or offset future payments, or cancel your Benepass card without prior notice to you for any lawful reason, including if we determine that you violated any provision of this Agreement.
Making a purchase with a Benepass card does not render the purchase an eligible expense; Benepass card transactions are subject to further claims adjudication procedures and must be substantiated. Your use of the Benepass card to make ineligible purchases is a violation of this Agreement. For any Benepass card purchase determined to be ineligible, you hereby agree to send the amount of any such ineligible purchase to Benepass.
Benefit funds, budgets, reimbursements, accounts, card transactions, and payment credentials made available through the Service are established, funded, and limited by the applicable Customer, plan documents, program rules, partner terms, and law. Benepass may facilitate administration, payment, reimbursement, claims substantiation, account access, and related operational support, but the availability of funds or reimbursements depends on Customer authorization and funding and on applicable partner requirements.
If an improper, unsupported, duplicate, ineligible, mistaken, or overpaid amount is paid or made available to you or to a third party on your behalf, you agree to repay that amount promptly. To the fullest extent permitted by law and the applicable Customer Agreement, Benepass or the Customer may recover that amount by offsetting later reimbursements or benefit payments, deactivating or limiting access, requesting direct repayment, reversing transactions where possible, or using other lawful recovery methods.
The correction procedures below will apply to any improper use of the Benepass card, any failure to reimburse Benepass for amounts you are responsible for, and any improper payment or overpayment, in whole or in part, of a reimbursement request. In addition, if we determine that improper use of the Benepass card or payment of a reimbursement is due to your fraud or other intentional misconduct, we will no longer process any future reimbursement requests and may terminate your access to the Service, including the Benepass card.
Content found on or through this Service is the property of Benepass or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You and Customers may submit receipts, invoices, transaction data, reimbursement requests, claims, elections, profile information, messages, benefit documentation, employee data, tax forms, banking information, identity information, and other materials through the Service (collectively, “User Content”). You represent that you have the rights, consents, and authorizations required to submit User Content, including any information relating to another person, and that User Content is accurate, complete, and lawful when submitted. Benepass may use User Content as needed to provide, operate, secure, administer, and improve the Service, process transactions and reimbursements, comply with law, enforce program rules, and perform under applicable Customer Agreements and privacy notices.
If you submit suggestions, enhancement requests, ideas, or other feedback about the Service (“Feedback”), you grant Benepass a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, modify, and commercialize that Feedback without restriction or compensation.
You may use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chainletter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Benepass, a Benepass employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Benepass or users of Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Otherwise attempt to interfere with the proper working of the Service.
- Submit false, altered, misleading, duplicate, or unsupported claims; seek reimbursement for ineligible expenses; circumvent benefit limits or merchant restrictions; transfer, sell, share, or misuse payment credentials; or seek duplicate reimbursement from another source.
- Violate sanctions, export controls, anti-money-laundering, anti-bribery, anti-corruption, consumer protection, employment, privacy, healthcare, tax, benefits, or card-network laws, rules, or program requirements.
Benepass may investigate suspected misuse, fraud, security incidents, ineligible transactions, excessive chargebacks, policy violations, or unlawful activity and may suspend access, block cards, deny or reverse reimbursements, preserve records, notify the Customer, notify a partner or authority where appropriate, and take other lawful action.
Benepass is a technology and administrative services provider. Benepass is not your employer, plan administrator, fiduciary, trustee, bank, broker, insurer, healthcare provider, tax adviser, legal adviser, or financial adviser, and Benepass does not provide medical, tax, legal, accounting, investment, employment, immigration, or other professional advice.
Customers and Users are responsible for determining whether benefits, expenses, reimbursements, rewards, stipends, deductions, contributions, accounts, and other program features are taxable, reportable, reimbursable, excludable, deductible, compliant, or otherwise appropriate under applicable law. You should consult your own professional advisers about your circumstances.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Benepass, Inc. and its licensors.
Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Benepass, Inc.
You agree to indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Agreement; (ii) misleading, false, or inaccurate User Content or any other content that is submitted via your User Account; (iii) your use of the Service, by you or any person using your User Account; (iv) any dispute you may have with a third party; and (v) any dispute between you and the Customer.
Our Service may contain links to third party web sites or services that are not owned or controlled by Benepass, Inc.
Benepass, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Benepass shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
The Service is operated from the United States and may be available to Users in other countries only where Benepass, the Customer, and applicable partners support the relevant features. Features, benefit categories, card usage, reimbursement methods, currencies, languages, tax treatment, banking requirements, identity checks, and support may vary by jurisdiction and may change without notice where required by law, partner rules, or operational constraints.
You may not access or use the Service in violation of export controls, sanctions, embargoes, anti-boycott laws, anti-money-laundering laws, anti-bribery or anti-corruption laws, or other trade compliance requirements. Benepass may deny, suspend, screen, or restrict access where required for compliance or risk management.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BENEPASS TO ARBITRATE DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL.
Both you and Benepass agree to resolve by binding arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or relating to (i) the Service, your use of the Service, or the information that you provide us in connection with your use of the Service, or (ii) this Agreement, including the validity, interpretation, enforcement, or application of this Agreement (collectively, “Claims”). Both you and Benepass further agree that the arbitrator will also have the exclusive authority to determine all additional threshold arbitrability issues.
YOU AND BENEPASS AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER. Further, unless both you and Benepass agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BENEPASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
A party who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical mailing address on file for you, by electronic mail (“Notice“). All Notices to Benepass must be sent by electronic mail to legal@getbenepass.com. You and Benepass agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within 30 days of the Notice, then either party may commence arbitration. Any arbitration between you and us will be governed by the American Arbitration Association (“AAA“) Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Unless you and Benepass otherwise agree, the arbitration will be conducted remotely or in the county where you reside, as applicable. If your Claim is for less than $10,000, we will reimburse your filing fee, unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the AAA Rules. If your Claim is for greater than $10,000, the payment of all fees will be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Benepass both agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, provided that injunctive relief is the sole form of relief sought, or (iv) file suit in a court of law to address intellectual property infringement claims.
The parties agree that this Agreement evidences a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), and AAA Rules will govern interpretation and enforcement of Section 14 where applicable. All other claims, disputes, or controversies will be resolved under the laws of the State of New York, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this Section, you and Benepass agree that (i) the federal and state courts located in or nearest the county in which you live will be the forum for resolution of the claim, dispute or controversy, and (ii) litigation of any claim, dispute, or controversy proceeding in court will be stayed pending the outcome of any related individual Claim in arbitration.
You may opt out of the arbitration provision under this Agreement by providing us a written opt-out notice within 30 days of the date on which you create your User Account. This written notice must be provided by electronic mail to legal@getbenepass.com. In order to be effective, this notice must include your full name and clearly indicate your intent to reject the arbitration provision.
The Service is provided by Benepass on an “as is” and “as available” basis. Benepass makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, or materials included therein. You expressly agree that your use of the Service, its content, and any services or items obtained from us is at your sole risk.
Benepass hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Neither Benepass nor any person associated with Benepass makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, neither Benepass nor anyone associated with Benepass represents or warrants that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Benepass does not warrant that benefit programs, card authorizations, reimbursements, claim decisions, tax information, third-party services, or program configurations will be uninterrupted, error-free, secure, complete, timely, or available in every location or for every benefit category.
The disclaimers and exclusions under this Agreement apply to the fullest extent permissible under applicable law but will not apply to the extent prohibited by applicable law.
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted).
To the maximum extent permitted by the applicable law, Benepass will not be liable for any damages in an amount exceeding $500, and under no circumstances will there be consequential or punitive damages.
To the fullest extent permitted by law, Benepass and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for lost benefits, lost data, tax consequences, third-party service failures, ineligible expenses, or denied, delayed, reversed, or recovered reimbursements, even if advised of the possibility of such damages.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.
If you wish to terminate your account, you may simply discontinue using the Service.
After termination, Benepass may retain records as needed to provide the Service, support tax, employment, benefit, accounting, security, fraud, compliance, audit, dispute, and legal obligations, and as required under Customer Agreements.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We may modify or update this Agreement from time to time, and we will update the ‘last modified’ date at the top of this page and notify you that material changes, as determined by Benepass, have been made to this Agreement. We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. Your continued use of the Service after any such change constitutes your acceptance of the updated Agreement. If you do not agree to this Agreement or any future updated Agreement, do not use or access (or continue to access) the Service.
We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
No waiver by Benepass of any term or condition in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect. This Agreement, together with our Privacy Policy, cardholder or partner terms, and any additional agreements you may enter into with us in connection with the Service, constitutes the entire agreement between you and us concerning the Service.
The provider of the Service is: Benepass, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
All provisions of this Agreement which by their nature shall survive termination, including provisions relating to intellectual property, user content, benefit-fund recovery, taxes, no professional advice, indemnity, disclaimers, limitations of liability, arbitration, class waiver, jury trial waiver, governing law, assignment, waiver, severability, and any other terms that by their nature should survive.
Please send your feedback, comments, requests for technical support by email: ops@getbenepass.com.
If you use the Service through a Customer, you may also need to contact the Customer, its plan administrator, benefits team, payroll team, or other designated third party for eligibility, tax, benefits, or plan-specific questions.
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