Terms & Conditions

Last updated:
28th February 2023

These Terms & Conditions (”Terms”) govern your use of HSAMax and provide information about the HSAMax Services, outlined below. When you create a HSAMax account or use HSAMax, you agree to these terms.

These Terms of Use apply to all users of HSAMax's website as published at www.hsamax.co (and any other websites with "HSAMax" branding that link to these Terms), and any mobile-device applications we offer that are branded "HSAMax" and link or reference these Terms (collectively, the "Service").

For the purpose of these Terms, a User is an individual who uses our Service.

The Service is provided to you by Cooklist Inc. These Terms therefore constitutes an agreement between you and Cooklist Inc.

1. Our Service

Subject to these Terms, we agree to provide you with the HSAMax Service. The Service includes all of the HSAMax products, features, applications, technologies and software that we provide to advance HSAMax's mission: To extend healthspan by incentivizing healthy decisions and preventative care.

HSAMax automates HSA and FSA eligible expense tracking for easy reimbursement.

2. Using HSAMax

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who can use HSAMax.

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community.

  • You must be able to form a legally binding contract with HSAMax and be in compliance with these Terms and all applicable laws.
  • You must be at least 13 years old.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

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How you can't use HSAMax.

Providing a safe and open Service for a broad community requires that we all do our part.

  • You don't have to disclose your identity on HSAMax, but you must provide us with accurate and up to date information (including registration information). This includes not impersonating someone you aren't. You can't create an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies.
  • You can't do anything to interfere with or impair the intended operation of the Service.
  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. You can report content that you think infringes intellectual property rights to hello@hsamax.co.
  • You can't use a domain name or URL in your username without our prior written consent.
  • You can’t use HSAMax if it would be prohibited by U.S. sanctions.

3. No Investment, Tax or Legal Advice

The Service is for informational purposes only. You should not construe any such information or other material as legal, tax, investment, financial, or other advice, nor does any information on the Service constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.

HSAMax is not a fiduciary by virtue of any person’s use of or access to the Service. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Service before making any decisions based on such information. In exchange for using the Service, you agree not to hold HSAMax, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information made available to you through the Service.

4. Your Content

Anything that you post or otherwise make available on HSAMax (like reviews) is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to HSAMax.

You grant us a license to use your User Content.

You grant HSAMax and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content. Nothing in these Terms restricts other legal rights Cooklist may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Cooklist, for any reason.

You grant us permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as reviews) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Service, without any compensation to you. For example, we may show that you posted a review of the Service. As with actions on other content, actions on sponsored content can be seen only by people who have permission to see that content or follow. We will also respect your settings.
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How long we keep your content.

Following termination or deactivation of your account, or if you remove any User Content from HSAMax, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. HSAMax and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on HSAMax.

Feedback you provide.

We value hearing from our users, and are always interested in learning about ways we can make HSAMax better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, HSAMax doesn’t waive any rights to use similar or related feedback previously known to HSAMax, or developed by its employees, or obtained from sources other than you.

5. Additional Rights We Retain

As part of our agreement, you also give us these permissions that we need to provide the Service.

  • Using HSAMax may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks with our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

6. Security

We care about the security of our users. While we work to protect the security of your content and account, Cooklist can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

7. Third Party Links, Sites, and Services

HSAMax may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HSAMax. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from HSAMax, you do so at your own risk and you agree that HSAMax has no liability arising from your use of or access to any third party website, service, or content.

HSAMax may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on HSAMax with an account on the third party service. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service.

8. Location Data

Some features of the Service enable us to tailor your experience on the Service based on your location. If you decline to provide location information, or in our judgment, we cannot verify your location, you will be unable to utilize some or all features of the Service.

9. Ratings and Reviews

Ratings and reviews posted by Users on our Service are User Content that is not endorsed by HSAMax and does not represent the views of HSAMax. HSAMax does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Service, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with these Terms. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.

10. Fees and Payments

We may charge fees for the use of certain portions or aspects of our Service. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Service, and you are responsible for the payment of those charges and rates.

Certain distribution options may be provided by licensed money transmitters authorized by HSAMax to operate in connection with the Service (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute money through an Authorized Money Transmitter, you further agree (i) that HSAMax is acting as your agent with respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

11. Force Majeure

HSAMax shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12. Termination

HSAMax may terminate or suspend your right to access or use HSAMax for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 4 of these Terms.

13. Our Agreement and Disagreement

Our Agreement

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to you.


Who has rights under this agreement.

  • This agreement does not give rights to any third parties.
  • You cannot transfer your rights or obligations under this agreement without our consent.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.


Who is responsible if something happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.


How we handle disputes.

  • ARBITRATION NOTICE: 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. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or HSAMax ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other HSAMax users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
  • The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, or email address you use for your HSAMax account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: HSAMax, ATTN: HSAMax Arbitration Opt-out, 8631 Angora St, Dallas, TX 75218.
  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, or email address you use for your HSAMax account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to HSAMax, ATTN: HSAMax Arbitration Opt-out, 8631 Angora St, Dallas, TX 75218. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your HSAMax account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $10,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Texas or a state court located in Dallas County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • The laws of the State of Texas, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

14. Notice Regarding Apple

This only applies to the extent you are using our mobile application on an iOS device.

You acknowledge that these Terms are between you and HSAMax only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

15. Changes and Updates to These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, please contact us by email at hello@hsamax.co or by mail at:

HSA Max
ATTN: Privacy Operations
8631 Angora St
Dallas, TX 75218

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