Table of Contents
- Introduction
- 1. Nature of Service
- 2. Eligibility
- 3. Membership and Billing
- 4. Cancellation Policy
- 5. Scope of Care
- 6. Scheduling and Care Access
- 7. Dependent Coverage
- 8. GEM Terms
- 9. Territory Affiliate Terms
- 10. Intellectual Property
- 11. Disclaimer of Warranties
- 12. Limitation of Liability
- 13. Indemnification
- 14. Governing Law and Dispute Resolution
- 15. Changes to Terms
- 16. SMS/Text Messaging Program
- 17. Contact
Introduction
These Terms & Conditions ("Terms") govern your use of flexcare365.com and your enrollment in a FlexCare 365 membership. By accessing our website or enrolling in a membership you agree to be bound by these Terms. If you do not agree please do not use our services. FlexCare 365 LLC is a Wyoming limited liability company operating nationwide.
1. Nature of Service
FlexCare 365 is a healthcare membership organization — not an insurance company. FlexCare 365 memberships are not insurance products and do not satisfy the minimum essential coverage requirements of the Affordable Care Act (ACA). FlexCare 365 is not a substitute for health insurance. Members are solely responsible for obtaining any health insurance coverage they require. FlexCare 365 provides access to a nationwide network of board-certified primary care physicians through a Direct Primary Care (DPC) model for a flat monthly membership fee.
2. Eligibility
FlexCare 365 memberships are available to individuals between the ages of 2 and 65. Members must reside in the United States. The following individuals are not eligible for FlexCare 365 membership:
- Medicare beneficiaries.
- Medicaid beneficiaries.
- Tricare beneficiaries.
- Individuals outside the age range of 2–65.
By enrolling you represent and warrant that you meet all eligibility requirements. FlexCare 365 reserves the right to terminate memberships that do not meet eligibility requirements.
3. Membership and Billing
4. Cancellation Policy
You may cancel your FlexCare 365 membership at any time by submitting a cancellation request through your member portal or by contacting support@flexcare365.com.
- Cancellations require 30 days written notice.
- Your membership and care access will remain active through the end of your 30-day notice period.
- Membership fees are non-refundable except as required by applicable law.
- The one-time enrollment fee is non-refundable.
5. Scope of Care
FlexCare 365 memberships provide access to unlimited primary care, virtual care, and urgent care through our physician network subject to the terms of your selected membership tier. FlexCare 365 does not cover:
- Hospital stays, inpatient care, or surgery.
- Specialty care beyond manageable chronic conditions.
- Emergency room visits.
- Prescription medications (though our physicians may assist with prescription savings programs).
- Diagnostic imaging beyond basic covered labs.
Members requiring care outside the scope of FlexCare 365's network are solely responsible for those costs. FlexCare 365 strongly recommends pairing your membership with a hospital indemnity or supplemental insurance policy for complete coverage.
6. Scheduling and Care Access
All care must be scheduled through the Patient Advocacy Line (PAL). Walk-in visits are not available.
FlexCare 365 is not an emergency service. Members experiencing a medical emergency should call 911 or go to the nearest emergency room immediately.
FlexCare 365 assumes no liability for delays in care resulting from failure to schedule through the PAL.
7. Dependent Coverage
Dependents may be added to eligible family membership tiers (Family Basic and Family Premium). All dependents must meet eligibility requirements. The primary account holder is responsible for ensuring accurate dependent information is provided at enrollment. Dependent information may be updated by contacting member support.
8. GEM Terms
Individuals who enroll as GEMs agree to the following additional terms:
- GEM status requires payment of the $99 monthly GEM membership fee.
- GEMs must enroll at least 1 active member within their first 90 days to maintain agent status. Failure to meet this requirement will result in transition to a standard membership tier.
- Commission earnings are set by the published rate card (Appendix A of the agent agreement): a fixed monthly residual per plan on each active enrolled member, plus a one-time enrollment compensation per new enrollment. Compensation accrues only on fees actually collected.
- Commissions are calculated monthly and paid within 15 business days of month end.
- FlexCare 365 reserves the right to modify commission structures with 30 days written notice.
- GEMs must represent FlexCare 365 accurately and in compliance with all applicable laws. Misrepresentation of the product — including describing it as insurance — may result in immediate termination of agent status and forfeiture of unpaid commissions.
- GEMs are independent contractors, not employees of FlexCare 365.
9. Territory Affiliate Terms
Individuals who purchase territory affiliate rights agree to the following additional terms:
- Territory fees are non-refundable except as provided in the Territory Override Agreement signed at the time of purchase.
- Override payments are calculated monthly and paid within 15 business days of month end.
- Territory affiliates are not franchisees and this agreement does not constitute a franchise relationship.
10. Intellectual Property
All content on flexcare365.com including text, graphics, logos, and design is the property of FlexCare 365 LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any FlexCare 365 content without express written permission.
11. Disclaimer of Warranties
FlexCare 365 services are provided "as is" without warranties of any kind, express or implied. FlexCare 365 does not warrant that the physician network will be available at all times or that care will meet any particular standard. FlexCare 365 is not responsible for the acts or omissions of any physician in its network.
12. Limitation of Liability
To the maximum extent permitted by law FlexCare 365 LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or your membership. Our total liability to you for any claim arising from your membership shall not exceed the total membership fees paid by you in the three months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless FlexCare 365 LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses including reasonable attorneys' fees arising from your use of our services, your violation of these Terms, or your violation of any applicable law.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming without regard to conflict of law principles.
Any disputes arising from these Terms or your membership shall first be submitted to good faith mediation. If mediation is unsuccessful disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
You waive any right to participate in class action litigation against FlexCare 365.
15. Changes to Terms
FlexCare 365 reserves the right to modify these Terms at any time. We will notify members of material changes by email and by posting the updated Terms on our website with a new effective date. Continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms.
16. SMS/Text Messaging Program
By providing your mobile phone number, you agree to participate in the FlexCare 365 SMS/Text Messaging Program. You will receive text messages regarding your membership, including alerts, promotions, care notifications, and account updates.
- Opt-Out Instructions: To stop receiving messages, reply STOP to any text message.
- Support Information: For assistance, reply HELP to any text message, or contact our customer support team at support@flexcare365.com.
- Message and Data Rates: Message and data rates may apply. Check with your carrier for details.
- Carrier Liability: Carriers are not liable for delayed or undelivered messages.
- Age Restriction: You must be 18 years of age or older to use this SMS service.
Your participation in this program is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect and use your information.
17. Contact
For questions about these Terms contact us at:
Looking for our privacy practices?
View our Privacy Policy →