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Disclosures

Last Updated: September 14, 2026

These disclosures describe important information about Flex Technology Co.’s (“Flex”) services. They apply whenever you use Flex to pay with HSA/FSA funds, whether at a partner merchant’s checkout, on the Flex marketplace, or through a reimbursement flow.

These disclosures are part of, and should be read together with, Flex’s Terms of Service and the other policies linked below, which contain additional terms that govern your use of Flex, including limitations of liability and dispute-resolution terms. Flex does not determine your personal eligibility for HSA/FSA reimbursement and does not guarantee the tax treatment of any purchase.

HSA/FSA eligible expenses

In general, individuals who participate in Health Savings Accounts, Flexible Spending Accounts, Health Reimbursement Arrangements, and other consumer-directed healthcare spending accounts (together, “HSA/FSA(s)”) may use their HSA/FSA funds on expenses for “medical care.” Medical care includes expenses for products and services that diagnose, cure, mitigate, treat, or prevent disease, or that affect any structure or function of the body.

Whether a particular product or service is an eligible medical expense depends on your circumstances, not on the product alone. Eligibility is ultimately determined by the IRS and your plan administrator, not by Flex. The same product may be an eligible expense for one person and not for another.

When you use Flex, you must provide accurate, current, and complete information, and you must not misrepresent your medical condition or your intended use of a product or service. If you are not purchasing a product or service to cure, treat, mitigate, or prevent a bona fide medical condition, or to affect the structure or function of your body, you are not eligible to use Flex to pay with HSA/FSA funds.

Depending on your purchase, you may be asked to attest that it is primarily for the purpose of curing, treating, mitigating, or preventing a medical condition, and that you would not make the purchase but for that condition. You must answer honestly. Failing to do so may have adverse tax and benefits consequences for you. You are solely responsible for determining whether an expense is eligible for you, for the accuracy of your attestations, and for any taxes, penalties, or interest that may result if an expense is later determined not to be eligible. Flex does not provide tax advice; consult your own tax advisor.

How Flex substantiates a purchase

The IRS requires that HSA/FSA card transactions be substantiated — verified as payment for eligible medical care. Flex supports two substantiation paths. Which one applies is determined by the items in your order, not by you.

Auto-substantiation Flex operates an Inventory Information Approval System (“IIAS”), which identifies items that appear on the Flex eligible catalogue and substantiates them at the point of sale. Items substantiated this way do not require a letter of medical necessity.

Letter of medical necessity Many wellness products and services are not categorically eligible. For these items, you may be asked to complete a health intake and be evaluated by a licensed clinician, who determines whether a letter of medical necessity (“LMN”) is appropriate for you. Flex does not make this clinical determination.

Flex determines which path applies to a given transaction. That a substantiation path is available for a product is not a determination that the product is an eligible medical expense for you, and it does not guarantee that your plan administrator will accept the claim.

Partner merchants and their products

Flex supports merchants that offer products and services that may be eligible under HSA/FSA plans for individuals with certain qualifying medical conditions. Individuals who do not have a qualifying medical condition for a given product will not be eligible to use Flex to purchase that product with HSA/FSA funds. Flex’s support for certain of a merchant’s products does not mean that all of that merchant’s products are eligible under HSA/FSA plans.

Flex reviews the products in its partner merchants’ catalogues and assigns each an eligibility treatment. Those assignments rely on the information a merchant provides about a product, and they are subject to change — including after you have made a purchase — as products, product descriptions, guidance, or law change.

Flex does not manufacture, sell, or take title to the products offered by its partner merchants. Your purchase is made from the merchant and is subject to that merchant’s own terms, pricing, shipping, and return policies. Flex makes no representation or warranty about any merchant’s products or about whether any product is eligible for you.

Clinicians and benefits administrators

Many products and services supported by Flex can be purchased with HSA/FSA funds only with a letter of medical necessity issued by a licensed clinician. Clinicians who evaluate Flex users practice through independent professional entities and exercise independent professional judgment in all clinical matters, including medical review, the determination of medical necessity, and the evaluation for and issuance of Letters of Medical Necessity. Flex does not practice medicine and does not direct, control, or influence any clinical determination. Flex does not employ the clinicians and does not pay them based on whether an LMN is issued or on the outcome of any evaluation.

Flex does not control, direct, or interfere with, or have any right to control, direct, or interfere with, the practice of medicine or the exercise of professional clinical judgment by any such provider, and nothing in this Agreement shall be construed to permit Flex to engage in the practice of medicine.

If you qualify to receive an LMN, your LMN represents the clinician’s opinion, based on the medical history and attestations you provide, that a product or service is medically necessary to treat, prevent, cure, or mitigate a condition you identified. Each LMN is issued at the sole discretion of the applicable clinician. Completing an intake form does not guarantee that an LMN will be issued.

Your HSA/FSA plan administrator has discretion to approve or deny your claim, even if you provide an LMN, subject to the rules of your plan. Certain plans limit or exclude eligibility for certain types of products or services. Check with your plan administrator if you have specific questions about whether a product or service can be eligible under your plan. Flex cannot guarantee that any administrator will accept any claim and is not responsible for an administrator’s decision.

You are responsible for retaining your receipts, your LMN, and other documentation, and for responding to any substantiation request from your plan administrator. Flex may retain records of your evaluation and substantiation as described in the Privacy Notice and Consumer Health Data Privacy Notice.

Orders that include ineligible items

Some orders contain both items that can be paid for with HSA/FSA funds and items that cannot. In that case, Flex will ask you for a second payment method and will charge your HSA/FSA card for the portion of your order that Flex has substantiated as eligible based on the information provided; the remaining balance is charged to your second payment method. Review your order before you complete it.

The Flex marketplace

Flex operates a marketplace that lists products from participating merchants. A product’s presence on the marketplace is not a determination that it is an eligible medical expense for you or that it is HSA/FSA “eligible” in your circumstances, and the categories used to organize the marketplace are navigational, not medical. Purchases made through the marketplace are made from the merchant.

Reimbursement

For some merchants, Flex supports reimbursement rather than payment at checkout. In a reimbursement flow, you pay with a non-HSA/FSA payment method and, if you qualify, receive an LMN for your records that you may submit to your plan administrator with your own reimbursement claim.

Whether to submit a claim is your decision, and whether it is approved is your administrator’s. Flex does not submit claims to plan administrators on your behalf and does not reimburse you directly. Flex does not guarantee that any reimbursement claim will be approved and is not responsible for your plan administrator’s decision.

Refunds, returns, and cancellations

Refunds and returns are governed by the policies of the merchant you purchased from. Where a refund is issued on a purchase paid for with HSA/FSA funds, it is generally returned in accordance with the payment method(s) used for the original purchase — for a purchase paid with HSA/FSA funds, generally to your HSA/FSA account, and for a split order, the HSA/FSA portion to your HSA/FSA account and the remainder to your other payment method.

A refund does not by itself withdraw or invalidate an LMN, and it does not resolve a substantiation request your plan administrator may already have made. If you are refunded for a purchase you have already claimed, contact your plan administrator. If a refund cannot be returned to your HSA/FSA account, for any reason, you may be responsible for restoring those funds to the account and for any resulting tax consequences.

Average tax savings

Any statement of average or estimated HSA/FSA tax savings is an illustration based on estimated marginal income and payroll tax rates paid by the median American tax filer who has income. Where Flex illustrates savings as a percentage (for example, a 30% average savings), that figure assumes an estimated combined marginal tax rate of 30% and is used only to illustrate potential savings. It is not a guarantee, projection, or promise of what you will save, and it is not tax advice.

Your actual savings will vary depending on your filing status, your annual earnings and tax bracket, other taxes you pay, the exemptions and deductions you claim, your account balance and contribution limits, and state and local tax regulations. Federal and state laws and regulations are subject to change.

Costs of Flex’s services

If you access Flex’s services through a Flex partner merchant, in most cases there is no additional cost to you to use Flex. The cost of Flex’s services is already included in the purchase price you pay for eligible products and services. Where a separate fee does apply, it will be disclosed to you before you complete your purchase.

Not medical, legal, or tax advice

Flex does not provide legal, tax, or accounting advice, and nothing on this page or in Flex’s services is legal or tax advice. Contact a qualified professional for advice on eligibility, tax treatment, and the restrictions that apply to you. Using Flex does not create a doctor-patient relationship with Flex, and Flex does not practice medicine.

Flex’s services are not a substitute for a relationship with your own healthcare provider and are not for medical emergencies. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room.

More information and other policies

These disclosures contain only some of the terms that apply to your use of Flex’s services. To learn more, we encourage you to review the following Flex agreements and policies:

Questions about these disclosures? Email support@withflex.com.