Terms of Service

1Acceptance and Authority

These Terms of Service ("Terms") govern access to and use of the ADA Companion website, authenticated application, and related software and support services provided by eFMLA, Inc. ("eFMLA," "we," "us," or "our").

Paid or enterprise use may also be governed by an order form, subscription agreement, statement of work, data-processing agreement, or other written agreement ("Customer Agreement"). If a Customer Agreement conflicts with these Terms, the Customer Agreement controls for that customer.

2Key Definitions

"Customer"

The employer, public agency, school district, business, or other organization that obtains access to ADA Companion.

"Authorized User"

An individual permitted by a Customer to access the Services under that Customer's account.

"Services"

The ADA Companion website, application, case-management tools, forms, dashboards, reports, support, and related functionality made available by eFMLA.

"Customer Data"

Information submitted to, stored in, or processed through the Services by or for a Customer, including workforce and accommodation records.

3The ADA Companion Services

ADA Companion is a software platform for managing workplace accommodation workflows. Depending on the Customer's configuration, features may include request intake, case tracking, document management, interactive-process notes, reassignment workflow, follow-up, reporting, role-based access, audit history, administrative tools,.

eFMLA may improve, replace, or modify features from time to time. We will not materially reduce core paid functionality during an active subscription without reasonable notice, except where a change is necessary for security, legal compliance, or third-party service continuity.

Support levels, implementation services, service levels, fees, and any customer-specific commitments are governed by the applicable Customer Agreement.

4Accounts, Access, and Security

• Authorized Users must provide accurate account information and keep credentials confidential.
• Accounts may not be shared except as expressly permitted by the Customer's configuration.
• Customers are responsible for designating administrators, assigning roles, removing access when it is no longer appropriate, and promptly notifying us of suspected unauthorized access.
• Users may not bypass authentication, access another user's account, probe or interfere with security controls, or attempt to obtain data they are not authorized to view.

We may suspend access when reasonably necessary to address a security threat, suspected misuse, legal requirement, or material breach of these Terms or a Customer Agreement.

5Customer Data, Confidentiality, and Medical Information

As between eFMLA and the Customer, the Customer retains its rights in Customer Data. The Customer grants eFMLA the limited rights necessary to host, process, transmit, back up, display, and otherwise handle Customer Data solely to provide, secure, support, and improve the Services as permitted by the Customer Agreement and applicable law.

Customers are responsible for ensuring that they have lawful authority to collect and submit Customer Data, including accommodation and medical information, and for determining what information may lawfully be requested, used, disclosed, and retained in employment matters.

ADA-related medical information is confidential and may be subject to special legal restrictions. Customers must configure permissions and workflows so that sensitive records are accessible only to appropriate authorized personnel.

Each party will protect the other's non-public confidential information using reasonable care and will use it only for purposes related to the Services, except where disclosure is authorized or legally required.

6Privacy and Data Processing

Our handling of personal information is described in the ADA Companion Privacy Policy. When eFMLA processes Customer Data on behalf of a Customer, eFMLA generally acts as a service provider or processor and the Customer remains responsible for its own privacy notices, employment-law obligations, and responses to rights requests relating to Customer-controlled records.

If applicable law or a Customer's requirements call for a separate data-processing agreement, business associate agreement, or similar addendum, that agreement must be executed separately and does not arise automatically from these Terms.

7Acceptable Use

You may use the Services only for lawful business purposes consistent with the Customer Agreement. You may not:

• Use the Services to violate employment, disability, privacy, civil-rights, or other applicable laws
• Upload or disclose information you are not authorized to process
• Attempt unauthorized access, privilege escalation, security testing, or circumvention of controls without written permission
• Introduce malware, abusive traffic, or code intended to disrupt or damage the Services
• Reverse engineer, decompile, scrape, copy, or systematically extract the Services or their content except to the extent a restriction is prohibited by law
• Use the Services to build or train a competing product from protected non-public materials
• Impersonate another person or misrepresent authority, identity, or affiliation

8Subscriptions, Fees, and Taxes

Subscription terms, implementation charges, renewal terms, usage limits, payment schedules, and other fees are stated in the applicable Customer Agreement or order form. Unless that agreement states otherwise, fees are exclusive of applicable taxes and the Customer is responsible for taxes imposed on its purchase other than taxes based on eFMLA's net income.

Nothing on the public website constitutes a binding price quote unless expressly identified as such in a written Customer Agreement.

9Third-Party Services

The Services may rely on third-party infrastructure, hosting, communications, authentication, security, or other technology providers. We select and manage providers appropriate to the services they perform, but third-party services may experience outages or changes beyond our reasonable control.

Links to third-party websites are provided for convenience or reference. eFMLA is not responsible for the content, availability, or independent privacy practices of third-party websites.

10Intellectual Property

eFMLA and its licensors own ADA Companion, the software, documentation, designs, trademarks, and other materials that make up the Services, excluding Customer Data and third-party materials.

Subject to these Terms and the applicable Customer Agreement, eFMLA grants the Customer and its Authorized Users a limited, non-exclusive, non-transferable right to access and use the Services during the applicable subscription term for the Customer's internal business purposes.

If you provide suggestions or feedback about ADA Companion, you grant eFMLA permission to use that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.

11Availability, Maintenance, and Changes

We use commercially reasonable efforts to operate and maintain the Services. Temporary interruptions may occur because of maintenance, updates, security events, Internet or hosting failures, or circumstances beyond our reasonable control.

Any specific uptime commitment, support response target, disaster-recovery commitment, or service credit applies only if stated in a Customer Agreement or service-level agreement.

12Disclaimers

eFMLA does not warrant that the Services will identify every legal obligation, prevent every compliance issue, or produce a particular employment or legal outcome.

ADA Companion is an administrative software tool. Use of the Services does not by itself make a Customer compliant with the ADA or any other law.

13Limitation of Liability

Except for liabilities that cannot legally be limited and except as otherwise stated in a Customer Agreement, eFMLA's aggregate liability arising out of or relating to the Services will not exceed the fees paid or payable by the Customer for the Services during the twelve (12) months immediately preceding the event giving rise to the claim. For use of the public website without a paid Customer relationship, eFMLA's aggregate liability will not exceed $100.

Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply.

14Indemnification

To the extent permitted by law and except as otherwise stated in a Customer Agreement, the Customer will defend and indemnify eFMLA and its officers, employees, and agents against third-party claims arising from the Customer's unlawful use of the Services, Customer Data submitted without appropriate authority, or the Customer's violation of these Terms.

Any broader or mutual indemnification obligations, including intellectual-property indemnities, must be stated in the applicable Customer Agreement.

15Suspension, Termination, and Data Return

Users may stop using the public website at any time. Paid subscriptions may be terminated or non-renewed as provided in the applicable Customer Agreement.

Following expiration or termination, Customer access may end and Customer Data will be returned, retained, deleted, or de-identified in accordance with the Customer Agreement, applicable law, and our backup and retention processes.

Sections that by their nature should survive termination—including confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive.

16Governing Law and Disputes

Unless a Customer Agreement states otherwise, these Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. Subject to any different dispute procedure in a Customer Agreement, the state and federal courts serving Fairfax County, Virginia will have exclusive jurisdiction over disputes arising from these Terms.

Before filing a formal claim, the parties agree to make a good-faith effort to resolve the dispute informally by contacting the other party and allowing a reasonable opportunity to respond.

Nothing in this section prevents either party from seeking temporary or injunctive relief where necessary to protect confidential information, intellectual property, security, or data.

17Changes to These Terms

We may update these Terms from time to time. The current version will be posted with an updated effective date. Material changes that affect existing paid Customers will be handled in accordance with the applicable Customer Agreement and applicable law.

We will not rely on a quiet or retroactive change to these Terms to materially expand our rights to use previously collected Customer Data where additional notice, agreement, or consent is required.

18Miscellaneous

Assignment. You may not assign these Terms without eFMLA's prior written consent, except as permitted in a Customer Agreement. eFMLA may assign these Terms in connection with a merger, reorganization, sale of assets, or similar transaction.

Severability. If a provision is found unenforceable, the remaining provisions remain in effect and the invalid provision will be enforced to the maximum lawful extent.

No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.

Force majeure. Neither party is responsible for delay or failure caused by events beyond its reasonable control, except payment obligations.

Electronic communications. You agree that notices and communications may be delivered electronically where permitted by law.

Entire agreement. These Terms, together with any applicable Customer Agreement and incorporated policies, form the agreement governing the Services and supersede prior understandings about the same subject matter.

19Contact

Questions about these Terms may be sent to: