Member Supplemental Terms

If you are a Member, the following Supplemental Terms apply to you:

1.     Account.  If you are of at least eighteen (18) years of age, you understand and agree that you must register an Account for yourself and any dependents (under age eighteen (18)) to access the Services.  Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card by an issuer accepted by us (each a “Payment Provider”) or ACH transaction).  Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities with respect to such Payment Provider.  You agree to immediately update your Account if there is any change in your billing address or the credit card or other method used for payment hereunder.  The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Application(s) or by e-mail delivery to you.

1.     TEXT MESSAGING AND CALLS.  By creating an Account, you agree that the Company or its authorized agent may send you informational text (SMS) messages, calls or e-mails to the phone number in your Account as part of the normal business operation of your use of the Services.  The foregoing may include autodialed calls or messages for purposes of treatment authorization or other transactional or administrative use.  You may opt-out of receiving text (SMS) messages or calls from the Company by updating your User settings in your Account.  You acknowledge that opting out of text (SMS) messages or calls may impact your use of the Services, but is not a requirement for the use of the Services.  Despite any opt-out, we may call you in the event of any disputes or any compliance, fraud or chargeback issues with any Payment Provider, or as needed for other administrative or transactional purposes.

2.     Protected Health Information.  By registering an Account for yourself and any dependent and using the Services, you acknowledge and agree that you will share certain protected health information (“PHI”).  We may use or disclose your PHI as set forth in the Privacy Policy as well as for the purposes governed by the Business Associate Agreement between us and your Employer or Plan, if any.  Such purposes may include the following: phone calls to the phone number listed in your account, sending PHI via SMS to the phone number listed in your Account for the approval of a Treatment Summary, via e-mail notifications to the e-mail address listed in your Account.

3.     Payment.  You understand that use of the Services may result in charges to you for the dental services you receive from a Dental Provider (“Charges”).  You agree to pay all Charges allocated to you via the Services for Treatment Summaries you have approved.  You acknowledge that a Sub-Merchant may be required to pay the Company a percentage-based transaction fee on the gross amount of your Charges in consideration of the Company’s payment processing services. You may approve a Treatment Summary by either (i) providing the Sub-Merchant with the CVV verifying the valid credit card accepted by the Services, or (ii) responding “Yes” via SMS to an SMS from the Sub-Merchant regarding the Treatment Summary. The Dental Provider may require you to sign additional documentation indicating your consent to the transaction. After the Dental Provider or Practice User has acknowledged full performance of the dental services listed in a Treatment Summary through your use of the Service, the Company will facilitate your payment of the applicable Charges.  Payment of the Charges through the Services will be considered the same as payment made directly by you to the Sub-Merchant.  All charges are due immediately and payment will be facilitated by the Company using the preferred payment method(s) designated in your Account.  You may access your receipt through your Member Portal.  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Sub-Merchant’s limited payment facilitator, use a secondary payment method in your Account, if available. As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in the Company’s sole discretion. 

4.     ACH.  To the extent your payment method added to your Account is a bank account for ACH transactions, you authorize the Company to debit and credit such bank account for Charges, reversals, refunds, and other transactions designated as appropriate by the Dental Provider.  The addition of an ACH payment method will not be deemed complete until you have completed the ACH Authorization Form provided at the time you are adding such payment method.  You have the right to receive an account statement on the Member Portal.  In connection with the ACH Authorization Form, you represent and warrant to the Company that the bank account belongs to you, is in your name and you have all the authority necessary to authorize transactions described in these Terms of Use, including the direct withdrawal of the Charges from such account.  You agree to maintain sufficient funds in such account to cover all Charges and you will not take any action, or instruct your bank to take any action, which would block or prevent ACH transactions originated by the Company.  You agree to immediately return, and authorize the Company to withdraw from your bank account by ACH transaction, any amounts deposited to such bank account in error or which are later reversed.  You may revoke the Company’s authorization to ACH your bank account with respect to future transactions by (i) removing your bank account from the payment method options in your Account or (ii) upon written notice of such revocation to the Company identifying you and the applicable bank account.  Any revocation of your ACH authorization shall be implemented by the Company within a reasonable period of time after the Company’s receipt of such written notice.  Revocation of the authorization to initiate ACH debit and credit entries to the Account will not relieve you of any payment obligations.  You will notify the Company at least thirty (30) days prior to any change in the Account.  For each transaction originated by the Company which is rejected or not completed for any reason, including but not limited to insufficient funds, you agree to immediately remit all due amounts to the Company and, in addition, you will be billed and agree to pay an ACH reject fee of twenty-five dollars ($25).

The Company may be contacted regarding the Bank Account ACH Debit Authorization and any unauthorized ACH transaction at (855) 493-5534 or support@wellfit.com or the following address:

                                                            Patolus Operations, LLC DBA Wellfit

                                                            Attn: Patolus / ACH Operations

                                                            1410 Jet Stream Drive, Suite A-170

                                                            Henderson, Nevada 89052

                                                           

With a copy to:

                                                            Wellfit

                                                            Attention: Legal Department

                                                            17020 Red Hill Avenue

                                                            Irvine, California 92614

 

5.     Background Checks and Reporting.  You authorize the Company to perform background checks on you as necessary to: verify your identity; investigate the ownership of any bank accounts or other payment products you provide; and otherwise comply with any applicable laws or requirements of the Company’s sponsor financial institutions.  You authorize the Company to report and disclose your transaction information requested or required by any government, governmental agency, court, or sponsor financial institution.

6.     Stop Payment.  If you notify us within three (3) business days of receiving dental services of an Approved Treatment Summary to stop transfer of payment, to the extent such payments have not already been processed we will stop payment and provide information that such stop payment has been issued within fourteen (14) business days of the notification from the consumer. 

7.     Dispute. You agree to promptly notify us in writing if you dispute any Charges on your credit card or bank statement. Notification of errors related to ACH transactions must be made no later than sixty (60) days after the posting of the account statement reflecting the alleged error, or a notice of error from the Company (if any), and contain your name, account number, and details regarding the error (reasoning, type, date and amount of error).  Billing disputes should be notified to the following email address support@wellfit.com or you may call (855) 493-5534.   

8.     Additional Disclosures.  You acknowledge and agree that you have received any additional Member disclosures on the online portal, as they may be updated from time to time.