Terms of Service
Last updated: June 2026
1. Agreement
These Terms of Service ("Terms") govern access to and use of Phase 3 Benefits products, services, websites, mobile applications, and APIs (collectively, the "Services") provided by Phase 3 Payments, Inc. ("Phase 3 Payments," "we," "us," or "our"). By using the Services, you agree to these Terms.
2. Accounts and eligibility
You must be at least 18 years old and able to form a binding contract. Members are typically enrolled through an employer or plan sponsor. Partners and developers must complete onboarding and identity verification before accessing the API or admin portal.
3. Card issuance and banking
Phase 3 Benefits cards are issued by Coastal Community Bank, Member FDIC. HSA cash deposits are held at Coastal Community Bank and are FDIC-insured up to applicable limits. HSA custodial services are provided by an IRS-approved custodian. Your use of cards and accounts is also governed by the issuing bank's cardholder agreement and the HSA custodial agreement, which prevail over these Terms in case of conflict.
4. Investments
Investments offered through Phase 3 Benefits are not FDIC-insured, are not deposits, are not obligations of or guaranteed by Coastal Community Bank, and may lose value. Investment services are provided through a registered broker-dealer or investment adviser partner. Members are responsible for their own investment decisions. Past performance does not guarantee future results.
5. Acceptable use
You agree not to: use the Services for unlawful, fraudulent, or harmful purposes; attempt to access accounts that are not yours; reverse engineer the Services; scrape or harvest content; introduce malicious code; or violate any applicable law or regulation, including IRS rules for HSA and FSA expenses.
6. API and developer terms
Use of the Phase 3 Benefits API is also subject to our Developer Terms and Acceptable Use Policy. You are responsible for the security of your API keys, the lawful use of data accessed through the API, and complying with rate limits and webhook requirements.
7. Intellectual property
Phase 3 Payments retains all rights to the Services, including software, designs, trademarks, and content. You retain rights to your data. You grant Phase 3 Payments a license to use your data as necessary to operate the Services and as described in our Privacy Policy.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PHASE 3 PAYMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Information on this site is not tax or legal advice. Consult your tax advisor.
9. Limitation of liability
To the maximum extent permitted by law, Phase 3 Payments' total liability arising out of or relating to the Services will not exceed the amount paid by you to Phase 3 Payments in the twelve months preceding the claim, or USD $100 if no amount has been paid. Neither party will be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
10. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, if required by law, or if continuing service would expose us, our partners, or other members to risk.
11. Governing law and disputes
These Terms are governed by the laws of the State of South Dakota, without regard to conflict-of-laws principles. Disputes will be resolved through binding arbitration on an individual basis, except for small-claims-court matters and claims for injunctive relief.
12. Changes
We may update these Terms by posting a revised version with a new "Last updated" date. Material changes will be communicated by email or in-app notice. Continued use after the effective date constitutes acceptance.
13. Contact
Questions about these Terms: [email protected].