Last updated: 03/01/2024
For purposes of these 529 Purchase Protection Terms and Conditions (the “Terms and Conditions”), the terms “we”, “us” or “Backpack” mean Backpack Payment Technologies, Inc. and any of its predecessors, successors, assigns, corporate parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and representatives.
Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By purchasing the 529 Purchase Protection, you agree to comply with and be bound by these Terms and Conditions, as well as Backpack’s Terms of Service and Privacy Policy.
THE SERVICE
The 529 Purchase Protection (the “Service”) is offered by Backpack to you to help maximize the use of your 529 funds. The Service is comprised of four main features; (1) an ability by you to submit expenses to us for certification of eligibility, (2) documentation and tracking of those certified expenses, (3) documentation and personnel support during an IRS audit, and (4) the 529 Eligibility Guarantee in the case Covered Taxes and Penalties are imposed on those same certified expenses.
The Service is provided for your personal, consumer use only unless otherwise specified. It is not intended for commercial or business use and such use is expressly prohibited. We will provide the Services described in these Terms and Conditions in return for your payment made upfront and your continued compliance with all provisions of these Terms and Conditions.
ABOUT THESE TERMS AND CONDITIONS These Terms and Conditions describe what is and is not included with the Service. Please read it carefully. We have tried to make it simple and easy to understand while also clearly describing the terms and conditions of your coverage. We also recognize that dealing with all things 529 can be confusing, so if you have any questions, please visit our Help Center and/or contact us.
IMPORTANT NOTE:
529 Purchase Protection is not an insurance policy. It is a data service we provide to you to certify certain qualified expenses as eligible, which we provide guarantees for in the form of reimbursement of Covered Taxes and Penalties resulting from IRS audits on 529 Funds spent Eligible Expenses.
Not all taxes and penalties are covered, even if it is due to something out of your control or something you were not aware of. Only those taxes and penalties meeting the conditions described in this Policy may be covered.
OUR PROMISE TO YOU
We think you will love our product and the service that comes with it. We also know that sometimes you want a little extra assurance that you made the right decision.
This is why we are proud to provide a 10 day money back guarantee. This guarantee begins the calendar day after your initial purchase of the Service.
The guidance for determining what is and is not an eligible expense for 529 is set by the IRS and published in the annual IRS Publication 970. We have taken the guidance and simplified it into three categories of eligible expense.
You are able to submit expenses worth up to the Cost of Attendance (”COA”) limit set for each bucket. Cost of Attendance varies between Education Institutions, and is published on the official Education Website for the specific academic and calendar year.
Backpack provides three tiers of 529 Purchase Protection; Basic, Standard and Premium. These tiers aim to provide different levels of coverage of these categories depending on what best suits your needs.
Important: Any expenses you have used, or plan to use, to access other federal tax credits like the American Opportunity Tax Credit (AOTC) or the Lifetime Learning Tax Credit (LLTC) are not eligible for the Service.
Each purchase of the Service only covers a single (one) 529 Account with a single (one) named Beneficiary. To be eligible to use the Service you must be in compliance with the following:
If the Beneficiary on the 529 Account is changed within the Purchase Period, additional expenses can no longer be submitted under the same instance of the Service. All previously submitted expenses remain valid and eligible for the Guarantee.
Our 529 Eligibility Guarantee applies to all purchases made in adherence to these Terms and Conditions of the Service. You can read more about the Guarantee in the Terms and Conditions.
Below are links to the important procedures you will need to follow to submit and certify expenses and make claims for reimbursement of Covered Taxes and Penalties under our Guarantee.
BACKPACK TERMS OF SERVICE AND PRIVACY POLICY
By purchasing the Service and agreeing to these Terms and Conditions, you are also agreeing to Backpack’s Terms of Service and its Privacy Policy.
FRAUDULENT ACTORS AND CLAIMS
The Service is specifically designed to help student families optimize and maximize the use of their 529. All expenses submitted to us, through any medium, as part of the Service, must be made by either the owner or the beneficiary of the 529 Account. Upon submitting an expense for eligibility certification or for making a claim, we may ask for additional documentation to validate this.
If we find reason to believe that you have submitted expenses that were not used for education purposes for the beneficiary of the 529 Account, or we suspect fraudulent or bad faith activities, we may deny your claim.
THIS IS NOT AN INSURANCE POLICY
529 Purchase Protection is not an insurance product. The Service is intended solely to cover specific expenses that are deemed eligible as part of the Service, for the specific Purchase Period and Protection Period.
