RetroHSA Back to Home
Legal Agreement

Terms of Service

Effective Date: October 25, 2026

Welcome to RetroHSA. These Terms of Service ("Terms") constitute a legally binding agreement between you and Jared Nussbaum, doing business as RetroHSA ("RetroHSA", "we", "our", or "us"). By accessing or using our application, websites, or services (collectively, "the Service"), you agree to be bound by these Terms.

By accessing the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18, or if you reside in a prohibited jurisdiction as defined in Section 1, you are strictly prohibited from using the Service.

1. Eligibility, Software Licensing & Geographic Restrictions

  • Age Requirement: You must be at least 18 years of age to access or use the Service. If you are under 18, you are strictly prohibited from creating an account or uploading documents.
  • Geographic Restriction (Washington State Prohibited): This Service is not directed to, and does not intend to target, provide products or services to, or conduct business with residents of the State of Washington or individuals currently located within the State of Washington. If you are a resident of, or are currently located in, Washington State, you are strictly prohibited from accessing or using this Service. Because we prohibit access by Washington consumers, we do not collect, share, or sell "Consumer Health Data" of Washington residents as defined by the Washington My Health My Data Act (MHMDA).
  • Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the hosted web application for your personal, family, and household health savings account record-keeping, subject to these Terms.
  • Intellectual Property & Resale Prohibition: All rights, title, and interest in and to the Service, including its user interface, chargemaster defense logic, Form 8889 report compilation engines, and branding, remain the exclusive property of RetroHSA and its creators. You may not copy, modify, reverse-engineer, distribute, sell, lease, repackage, or white-label any part of the Service.
  • Account Security: You are responsible for safeguarding your login credentials, recovery codes, and multi-factor authentication (MFA) devices. You assume sole liability for any actions conducted under your authenticated account.

2. Strict Tax, Legal & Financial Disclaimer (IRC § 223 / IRS Form 8889)

RetroHSA is an administrative record-retention, organization, and document compilation tool. RetroHSA is NOT a Certified Public Accountant (CPA), enrolled agent, tax preparer, financial advisor, fiduciary, or legal counsel.

  • No Tax Advice: Nothing contained within the Service, generated PDF reports, compounding calculators, or substantiation notes constitutes tax, financial, accounting, or legal advice.
  • Sole Taxpayer Responsibility: Under the Internal Revenue Code (including IRC §§ 223, 213(d), 152, and 6001), IRS Publication 969, IRS Publication 502, and IRS Revenue Procedure 97-22, you, as the taxpayer, bear 100% sole legal and financial responsibility for:
    • Determining whether any expense qualifies as a legitimate Qualified Medical Expense (QME).
    • Verifying that an expense has not been previously claimed, reimbursed, or deducted elsewhere.
    • Ensuring your Health Savings Account was legally established prior to the date medical care was incurred (IRC § 223(d)(2) / Notice 2004-50 Q&A 33).
    • Accurately completing, signing, and submitting IRS Form 8889 and your federal and state tax returns.
    • Retaining legible, uncorrupted, contemporaneous original records in the event of an IRS or state audit.
  • Audit Disallowance & Penalties: RetroHSA disclaims all liability for any tax liabilities, disallowances, back taxes, 20% excise penalties under IRC § 223(f)(4), late-filing fees, or interest assessed against you by the Internal Revenue Service or any state taxing authority.

3. Multimodal Vision AI Extraction & Human-in-the-Loop Verification

The Service utilizes multimodal vision artificial intelligence models (such as Google Gemini) to analyze, interpret, and extract dates of service, merchant/provider names, itemized line items, and monetary figures directly from uploaded receipt images and PDFs.

  • Administrative Convenience Only: AI vision extraction is provided solely as an administrative productivity aid. Automated multimodal models are subject to visual misinterpretations, number transposition, and hallucinations.
  • Mandatory Human Review: You agree and covenant that you will inspect and verify all extracted dates, provider names, line item amounts, and qualified medical expense classifications before executing reimbursement claims, generating Form 8889 Reimbursement Reports, or filing taxes.
  • Chargemaster & Pub 502 Adjustments: The Chargemaster defense, insurance adjustment breakdowns, and IRS Pub 502 qualification notes generated by the Service are mathematical models based on AI extraction inputs. You maintain the right and duty to edit or clear these amounts to match your actual Explanation of Benefits (EOB).

4. Healthcare Regulatory & HIPAA Disclaimer

  • Not a Covered Entity: RetroHSA is a direct-to-consumer software service used voluntarily by individuals to store their personal financial and tax records. RetroHSA is not a healthcare provider, health plan, healthcare clearinghouse, or a "Business Associate" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the HITECH Act.
  • Consumer Health Privacy: While RetroHSA implements strict encryption, cryptographic hashing, and security standards, your records are managed under consumer data protection standards rather than clinical HIPAA conduits.

5. Subscriptions, Payments & California Auto-Renewal Law (CA ARL)

Access to Pro and Family features is provided on an annual subscription basis, processed securely via our payment processor, Stripe.

  • Continuous Renewal: Subscriptions renew automatically on an annual basis at the then-current advertised rate until you cancel.
  • 1-Click Self-Service Cancellation (CA ARL Compliant): You may cancel your annual subscription at any time with zero penalty via the self-service Stripe Customer Billing Portal in your account settings. Cancellation takes effect at the conclusion of your current prepaid billing term.
  • 30-Day Pre-Renewal Notice: In accordance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 et seq.), we deliver written notice of upcoming renewal charges to your account email address between 15 and 45 days (targeted at 30 days) prior to the renewal charge.
  • Complete Data Portability Guarantee: If you cancel your paid subscription, you will never be locked out of your historical records. You maintain 100% ownership of your data and can download your complete Vault ZIP archive (including full ledger.csv with SHA-256 integrity hashes and all original uncompressed document files) at any time.

6. Service Sunset, Discontinuation & 60-Day Advance Notice Guarantee

Because RetroHSA is designed for multi-decade tax record substantiation, we recognize that you rely on our infrastructure for long-term audit defense. In the event that RetroHSA elects to permanently terminate, discontinue, or sunset the Service:

  • 60-Day Mandatory Notice Window: We will provide at least sixty (60) calendar days advance written notice prior to decommissioning servers or terminating access. Notice will be delivered directly to the account email address on file and displayed prominently as a persistent in-app banner.
  • Guaranteed Vault Export Access: Throughout the entire 60-day notice period, the Service and your account will remain fully accessible to permit you to download your complete Vault ZIP archive (including all original, uncompressed receipt PDFs and images alongside your standardized ledger.csv with SHA-256 integrity proofs).
  • Prorated Subscription Refunds: If the Service is discontinued prior to the conclusion of your prepaid annual subscription term, you will receive an automatic prorated refund for the unused months of your subscription fees via Stripe.
  • Secure Decommissioning: Following the conclusion of the 60-day notice window, all stored database records and document binaries will be permanently and irreversibly purged from our servers and cloud storage buckets in accordance with our data destruction protocols.

7. Mandatory Backup Duty & Absolute Data Loss Shield

Under Internal Revenue Service Revenue Procedure 97-22 and Section 223 of the Internal Revenue Code, the individual taxpayer bears the non-delegable statutory obligation to maintain legible, authentic substantiation records for all historical HSA distributions.

  • Mandatory Secondary Backups: RetroHSA provides a self-service, 1-click Complete Vault ZIP export tool (packaging all original uploaded PDFs and images alongside a standardized ledger.csv with SHA-256 integrity proofs). You covenant, warrant, and agree to periodically export and maintain independent, redundant offline or secondary cloud backups of your complete Vault archive.
  • Absolute Shield Against Data Loss Claims: Under no circumstances shall RetroHSA, Jared Nussbaum, or our cloud infrastructure and hosting providers be liable for any loss, destruction, unrecoverability, corruption, accidental deletion, or erasure of your uploaded receipt files, images, PDFs, metadata, change logs, or tax records—regardless of whether caused by third-party cloud infrastructure failures or outages (including Supabase, AWS, Cloudflare), power outages, hardware crashes, cyber incidents, software bugs, or user error.
  • No Bailment, Safety Deposit, or Archival Insurance: The Service is an administrative productivity tool, not a commercial safety deposit box, common carrier, fiduciary bailment, or insured digital repository. We make no warranty that your stored records will be indestructible, perpetually preserved, or immune to catastrophic data loss.
  • Waiver of Audit Disallowance Claims: You expressly release and waive RetroHSA and Jared Nussbaum from any and all liability, claims, tax deficiencies, disallowances, 20% excise penalties under IRC § 223(f)(4), back taxes, or interest arising from the loss, corruption, or unavailability of any receipt or document in connection with any federal, state, or local tax audit or inquiry.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TAX AUDIT IMMUNITY, CONTINUOUS DATA PRESERVATION, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, completely secure, or that historical records will survive catastrophic third-party storage infrastructure failures without secondary backups. You are strictly responsible for maintaining secondary backups via our Vault ZIP export feature.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RETROHSA, JARED NUSSBAUM, OR OUR AFFILIATES, OFFICERS, AGENTS, OR CREATORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR TAX DISALLOWANCES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE;
  2. ANY LOSS, DESTRUCTION, UNRECOVERABILITY, OR CORRUPTION OF STORED DATA, RECEIPTS, METADATA, OR AUDIT TRAILS;
  3. ANY AI EXTRACTION ERRORS, MISSING LINE ITEMS, OR MISCLASSIFICATIONS;
  4. ANY AUDIT, RE-EXAMINATION, TAX PENALTY, EXCISE ASSESSMENT, OR INTEREST IMPOSED BY THE IRS OR STATE TAX AGENCIES;
  5. ANY UNAUTHORIZED ACCESS, LOSS, OR CORRUPTION OF YOUR STORED RECEIPT FILES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY DATA LOSS EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO RETROHSA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR TEN U.S. DOLLARS ($10.00 USD) IF YOU HAVE USED THE SERVICE FREE OF CHARGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless RetroHSA, Jared Nussbaum, and our affiliates, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

  • Your breach of these Terms;
  • Any failure by you to maintain independent, secondary backups of your tax substantiation documentation;
  • Any false, fraudulent, duplicate, or improper receipt or tax documentation uploaded by you;
  • Any tax claims, HSA distributions, or Form 8889 filings submitted by you to any federal or state authority;
  • Your violation of any third-party privacy or intellectual property rights.

11. Dispute Resolution, Governing Law & Venue

  • Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
  • Individual Claims — Exclusive Court Venue & Jury Waiver: Any dispute, claim, or controversy arising out of or related to these Terms that is brought on an individual basis shall be resolved exclusively in the state or federal courts located in Middlesex County, Massachusetts. You waive any objection to personal jurisdiction or venue in such courts. YOU AND RETROHSA EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY INDIVIDUAL CLAIM.
  • Class & Representative Claims — Mandatory Arbitration & Class Waiver: Any claim brought on a class-wide, collective, or representative basis (including under M.G.L. c. 93A) shall be subject to final, binding arbitration governed by the Federal Arbitration Act (FAA) and administered by the American Arbitration Association (AAA) seated in Massachusetts. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12. Assignment & Corporate Succession

You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction, including, without limitation, to a newly formed Limited Liability Company (LLC) or corporate entity established to operate RetroHSA.

If you have questions regarding these Terms of Service, please contact compliance at:

legal@retrohsa.com · Jared Nussbaum d/b/a RetroHSA · Middlesex County, MA