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Home / Legal information


LEGAL INFORMATION


TERMS OF USE

PLEASE READ THESE TERMS OF USE AND OTHER IMPORTANT LEGAL AND PRIVACY INFORMATION
AVAILABLE IN THE “QUICK LINKS” SIDEBAR CAREFULLY BEFORE USING THIS WEBSITE
(“WEBSITE”). THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE
AND OTHER WEBSITES, APPLICATIONS, AND SERVICES PROVIDED BY HEALTHEQUITY, INC.
(TOGETHER WITH ITS AFFILIATES, “HEALTHEQUITY”, “WE”, “US”, OR “OUR”). BY
ACCESSING THE WEBSITE OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ, FULLY UNDERSTAND, AGREE TO, AND WILL BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THE
WEBSITE OR ACCESS ANY CONTENT.

By using the Website in any manner, including but not limited to visiting or
browsing the Website, you agree to these Terms of Use and all other operating
rules, policies, and procedures that may be published from time to time on the
Website by us, each of which is incorporated by reference and each of which may
be updated from time to time without notice to you. These Terms of Use apply to
all users of the Website. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE
THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.

HealthEquity is an Internal Revenue Service (“IRS”) authorized, non-bank trustee
(“NBT”) operating as the custodian of health savings accounts (“HSAs”). The IRS
NBT Authorization Letter is available at the Quick Links sidebar to the left.
HealthEquity is also a directed third-party administrator of other tax favored
health plans, programs, and services. We do not provide medical advice,
diagnosis, or treatment. Information obtained from HealthEquity licensors and
from the Website, including text, tools, and services, is for your personal
informational purposes only and should not in any case replace legal, tax,
medical, and other professional advice.


CONTENT

For purposes of these Terms of Use, the term “Content” includes, without
limitation, information, data, text, photographs, charts, videos, audio clips,
other files, written posts, graphics, and interactive features generated,
provided or otherwise made accessible on or through the Website. Content is
provided to enhance your understanding and is for illustrative purposes only -
use the information at your own risk. Content may contain references to health
and/or medical materials. If you find these materials offensive, do not use this
Website. We do not guarantee that any Content will be made available on the
Website. We reserve the right to, but do not have any obligation to, (a)
monitor, remove, edit, or modify any Content in our sole discretion, at any
time, without notice to you and for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or authorities relating
to such Content or if we are concerned that you may have violated these Terms of
Use), or for no reason at all and (b) to remove or block any Content from the
Website.


LICENSE AND INTELLECTUAL PROPERTY

The Website is owned and operated by HealthEquity. Unless otherwise indicated,
all Content, information, and other materials on the Website are protected by
relevant intellectual property and proprietary rights and laws. All Content and
other materials are the property of HealthEquity or its subsidiaries or
affiliated companies and/or third party licensors. Unless otherwise expressly
stated in writing by HealthEquity, by agreeing to these Terms of Use you are
granted a limited, non-sublicensable license (i.e., a personal and limited
right) to access and use the Website for your personal use.

HealthEquity reserves all rights not expressly granted in these Terms of Use.
This license is subject to these Terms of Use and does not permit you to engage
in any of the following: (a) resale or commercial use of the Website or the
Content; (b) distribution, public performance or public display of any Content;
(c) modifying or otherwise making any derivative uses of the Website or the
Content, or any portion of them; (d) use of any data mining, robots, or similar
data gathering or extraction methods; (e) downloading (except page caching) of
any portion of the Website, the Content, or any information contained in them,
except as expressly permitted on the Website; or (f) any use of the Website or
Content except for their intended purposes. Any use of the Website or Content
except as specifically authorized in these Terms of Use, without the prior
written permission of HealthEquity, is strictly prohibited and may violate
intellectual property rights or other laws. Unless explicitly stated in these
Terms of Use, nothing in them shall be interpreted as conferring any license to
intellectual property rights, whether by estoppel, implication, or other legal
principles.


COPYRIGHTS

Copyrights in the Website, Content, or display screens, and in the information
and material within, including their arrangement, are owned by HealthEquity.
unless otherwise indicated. No information or content except as otherwise
expressly stated herein, may be copied, transmitted, displayed, performed,
distributed, or otherwise used in whole or in part in any manner without
HealthEquity’s prior written consent, except to the extent permitted by the
Copyright Act of 1976, as amended, and then, only for your personal nonbusiness
use.

We respect the intellectual property of others and follow the requirements set
forth in the Digital Millennium Copyright Act
(https://www.copyright.gov/onlinesp) and other applicable laws. The address to
receive notification of claimed infringement is listed at the end of this
section. If you believe that material or content residing on or accessible
through the Website infringes a copyright, please send a notice of copyright
infringement (see “Contact Information / Registered Agent for Service of
Process” section below) containing the following information: a physical or
electronic signature of a person authorized to act on behalf of the owner of the
copyright that has been allegedly infringed; identification of works or
materials being infringed; identification of the material that is claimed to be
infringing including information regarding the location of the infringing
materials that the copyright owner seeks to have removed, with sufficient detail
so that we are capable of finding and verifying its existence; contact
information about the notifier including address, telephone number and, if
available, e-mail address; a statement that the notifier has a good faith belief
that the material is not authorized by the copyright owner, its agent, or the
law; and a statement made under penalty of perjury that the information provided
is accurate and the notifying party is authorized to make the complaint on
behalf of the copyright owner. Please contact us to receive notification of
claimed infringement (see “Contact Information / Registered Agent for Service of
Process” section below). We suggest that you consult your legal advisor before
filing a notice or counter-notice. Please be aware that there may be penalties
for false claims under the DMCA. DMCA details are available at
https://www.copyright.gov/onlinesp.


DISCLAIMER

We have no special relationship with or duty to you, unless expressly documented
in a formal agreement such as the HSA Custodial Agreement or services
arrangement. You acknowledge that we have no duty to take any action regarding:
which users gain access to the Website, what Content you access via the Website,
or how you may interpret or use the Content. You release us from all liability
for you having acquired or not acquired Content through the Website. We make no
representations concerning any Content contained in or accessed through the
Website, and we will not be responsible or liable for the accuracy, copyright
compliance, or legality of material or Content contained in or accessed through
the Website.

THE INFORMATION, SERVICES, PRODUCTS, DATA, MATERIALS, AND CONTENT CONTAINED ON
THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND
HEALTHEQUITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOES NOT ASSUME
RESPONSIBILITY OR GUARANTEE THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE
CONTENT. HEALTHEQUITY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND
WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. HEALTHEQUITY DOES NOT WARRANT THAT THE
HEALTHEQUITY WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN
ADDITION, HEALTHEQUITY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE
CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED
OR OFFERED BY A THIRD PARTY ON OR THROUGH THE HEALTHEQUITY WEBSITE OR ANY
HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND
HEALTHEQUITY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND
THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR
IN WRITING OBTAINED BY YOU FROM HEALTHEQUITY SHALL CREATE ANY WARRANTY ON BEHALF
OF HEALTHEQUITY. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.


INDEMNIFICATION

You shall defend, indemnify, and hold harmless HealthEquity, our respective
subsidiaries, affiliates and each of our and their respective officers,
directors, employees, contractors, suppliers and representatives from and
against any and all liabilities, claims, damages, judgments, awards, losses,
costs, and expenses, including reasonable attorneys’ fees, that arise from or
relate to your breach of these Terms of Use, your use or misuse of the Website
or Content, your noncompliance with applicable law, or your infringement of any
intellectual property or other right of any person or entity. We reserve the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses. You agree to defend and indemnify
HealthEquity and our subsidiaries, affiliates, officers, directors, employees,
and agents, and hold them harmless from any claim, demand, or damage, including
reasonable attorneys’ fees, arising out of or related to your breach of these
Terms of Use or your use or misuse of the website.


LIMITATION OF LIABILITY

Under no circumstance will HealthEquity be liable for any indirect,
consequential, incidental, special, punitive, or exemplary damages arising out
of any use of or inability to use the Website or any portion thereof, regardless
of whether HealthEquity has been apprised of the likelihood of such damages
occurring and regardless of the form of action, whether in contract, warranty,
tort (including negligence), strict liability, or otherwise. Further, under no
circumstance will HealthEquity be liable for any losses including, without
limitation, direct or indirect, special, incidental, consequential, exemplary,
and punitive damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption. You agree that HealthEquity
shall not be liable for any damage resulting from your use or inability to use
this Website or the Content herein, including claims based on warranty,
contract, tort, strict liability, and any other legal theory, and covers
HealthEquity, its affiliates, and their officers, directors, employees, and
agents. You agree that you use this Website at your own risk. If you are
dissatisfied with this Website or the Content, your sole and exclusive remedy is
to discontinue using the website.


THIRD PARTY SERVICES

The Website may permit you to link to or share Content with other websites,
services, or resources on the Internet, including, but not limited to, Facebook,
Twitter, YouTube, LinkedIn, or various government websites. Other websites,
services, or resources may contain links to the Website and Content. When you
access third-party resources on the Internet, you do so at your own risk. These
other resources are not under our control, and you acknowledge that we are not
responsible or liable for the content, functions, accuracy, legality,
appropriateness, or any other aspect of such websites or resources. The
inclusion of any such link or ability to share Content does not imply our
endorsement or any association between us and their operators. You further
acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services
available on or through any such website or resource.


PRIVACY

Your privacy is important to us. Please see our General Privacy Notice
(healthequity.com/privacy) to learn how we collect, use, and disclose your
personal information.


ARBITRATION

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE
INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING
WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE
WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR
ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE
TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER
VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK
INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE
STATE OF UTAH. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE
LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT
MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim
in your local “small claims” court, if permitted by that small claims court’s
rules and if within such court’s jurisdiction, unless such action is
transferred, removed or appealed to a different court. You may bring claims only
on your own behalf. Neither you nor we will participate in a class action or
class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. The location of the
arbitration shall be Salt Lake City, Utah. You also agree not to participate in
claims brought in a private attorney general or representative capacity, or
consolidated claims involving another person’s account, if we are a party to the
proceeding. This dispute resolution provision will be governed by the Federal
Arbitration Act and not by any state law concerning arbitration. In the event
the American Arbitration Association is unwilling or unable to set a hearing
date within one hundred and sixty (160) days of filing the case, then either we
or you can elect to have the arbitration administered instead by the Judicial
Arbitration and Mediation Services. Judgment on the award rendered by the
arbitrator may be entered in any court having competent jurisdiction. Any
provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms of
Use. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of, related to or connected with the use of the
Website, Privacy Notice or these Terms of Use must be filed within one (1) year
after such claim of action arose or be forever banned. If the prohibition
against class actions and other claims brought on behalf of third parties
contained above is found to be unenforceable, then all of the preceding language
in this Arbitration section will be null and void. This arbitration agreement
will survive the termination of your relationship with us.


APPLICABLE LAW, PERSONAL JURISDICTION, AND VENUE

These Terms of Use are governed by and enforced in accordance with the laws of
the Utah (excluding conflict of law principles). By using this Website, you
agree to submit to the exclusive personal jurisdiction and venue of the federal
and state courts located in Salt Lake County, Utah, with respect to all matters.


UNAUTHORIZED USE

Unauthorized use of HealthEquity’s Website(s) and systems, including but not
limited to unauthorized entry, misuse of passwords, or misuse of any information
posted to our Website(s), is strictly prohibited.


ADDITIONAL TERMS

Your obligations and compliance with these Terms of Use survive their
termination. If any provision of these Terms of Use is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions, which shall remain in full
force and effect. No waiver of any of these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or any other term or
condition. You may not transfer or assign any rights or obligations under these
Terms of Use. We may transfer or assign its rights and obligations under these
Terms of Use. No agency, partnership, joint venture, or employment relationship
is created as a result of these Terms of Use and neither party has any authority
of any kind to bind the other in any respect.


ELIGIBILITY

You represent and warrant that you are at least 13 years of age, that your
parent or legal guardian agrees to be bound by these Terms of Use if you are
between 13 and the age of legal majority in your jurisdiction of residence, and
that you have not been previously removed from and are not prohibited from using
the Website. We may, in our sole discretion, (a) refuse to offer use of the
Website to any person or entity and (b) change its eligibility criteria at any
time. You are solely responsible for ensuring that these Terms of Use are in
compliance with all laws, rules, and regulations applicable to you.


CHANGES TO TERMS

HealthEquity reserves the right to update these Terms of Use at any time.
Continued use of the Website and/or HealthEquity services, signifies your
acceptance of any changes.


CONTACT INFORMATION / REGISTERED AGENT FOR SERVICE OF PROCESS

Please send questions or comments about our Terms of Use and all other legal
notices to our registered agent for service of process:
National Registered Agents, Inc.
1108 E South Union Avenue
Midvale, UT 84047
https://secure.utah.gov/bes/details.html?entity=5578753-0143

Effective Date
Last updated February 2022.

Quick Links

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 * Custodial Agreement
 * IRS NBT Authorization Letter
 * Whistleblowing Policy
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0:14 - Investments available to HSA holders are subject to risk, including the
possible loss of the principal invested and are not FDIC insured or guaranteed
by HealthEquity, Inc.. HealthEquity, Inc. does not provide financial advice.

0:24 - For illustrative purposes only. Not a recommendation of any security.

1:25 - For illustrative purposes only. Not a recommendation of any security.

2:31 - For illustrative purposes only. Not a recommendation of any security.

2:51 - For illustrative purposes only. Not a recommendation of any security.

0:10 - Based on median prescription drug expenses. Source: Employee Benefit
Research Institute
https://www.ebri.org/pdf/notespdf/EBRI_Notes_Hlth-Svgs.v38no1_31Jan17.pdf

0:25 - HSAs are never taxed at a federal income tax level when used
appropriately for qualified medical expenses. Also, most states recognize HSA
funds as tax-free with very few exceptions. Please consult a tax advisor
regarding your state’s specific rules.

1:08 - Accounts must be activated via the HealthEquity website in order to use
the mobile app.

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