FMLA Doctor Terms of Service
Last Updated: January 14, 2025
Welcome to FMLA Doctor, a service doing business as (DBA) Founder Manage LLC (“FMLA Doctor,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of FMLA Doctor’s telehealth platform, including telemedicine consultations, FMLA medical certification services, and healthcare provider services, applications, and related services (collectively, the “Service”). By accessing or using the Service, you acknowledge and agree to these Terms. If you do not agree, you must discontinue using the Service immediately.
Table of Contents
- Introduction
- Definitions
- Eligibility and Account Registration
- License Grant and Restrictions
- Scope of Service Features
- Subscription Fees, Billing, and Refunds
- AWS Hosting and Security Commitments
- Generative AI Disclaimer
- Data Privacy, Monitoring, and Client Responsibilities
- Acceptable Use Policy
- Service Modifications and Updates
- Service Availability and Performance
- Termination of Accounts and Data Deletion
- Limitation of Liability
- Indemnification
- Dispute Resolution and Arbitration
- Force Majeure
- Governing Law and Jurisdiction
- Feedback and Suggestions
- Contact Information
- Changes to Terms
1. Introduction
FMLA Doctor, operating as a DBA of Founder Manage LLC, provides specialized telehealth services that connect patients with licensed healthcare providers for legitimate FMLA (Family and Medical Leave Act) medical certifications through secure video consultations, all hosted on Amazon Web Services (“AWS”). We are committed to delivering secure, reliable, and clinically rigorous telehealth services while maintaining the highest standards of medical practice, HIPAA compliance, and patient care. By accessing or using the Service, you confirm that you:
- Have read, understood, and agreed to these Terms.
- Are authorized to enter into these Terms on behalf of yourself or your organization.
- Understand the limitations and responsibilities of using telehealth and medical certification services.
- Acknowledge that continued use of the Service after any changes to these Terms are posted constitutes your acceptance of such changes.
2. Definitions
- “Service”: FMLA Doctor’s telehealth platform, including telemedicine consultations, FMLA medical certification services, and healthcare provider services.
- “User”: Any individual or healthcare organization accessing or using the Service.
- “Medical Data”: Video recordings, audio recordings, medical evaluations, and clinical assessments collected during telehealth consultations.
- “Patient Information”: Medical history, health conditions, treatment plans, and clinical responses provided during consultations.
- “Personal Health Information (PHI)”: Protected health information related to an identifiable individual, processed in accordance with HIPAA and applicable data protection laws.
- “Telehealth Session”: A secure video consultation between patient and licensed healthcare provider for medical evaluation and FMLA certification.
- “Clinical Assessment”: Medical evaluations, diagnostic assessments, and FMLA certification determinations made by licensed providers.
- “AWS”: Amazon Web Services, the hosting provider for FMLA Doctor, ensuring secure, HIPAA-compliant infrastructure and data processing.
3. Eligibility and Account Registration
3.1 Eligibility
- You must be at least 18 years of age or meet the age of majority in your jurisdiction.
- Organizations must designate an authorized representative to manage their account.
- Use of the Service must comply with all applicable laws and regulations.
3.2 Account Responsibilities
- You are responsible for providing accurate and up-to-date account information.
- Account credentials (e.g., passwords) must be kept secure.
- You must notify FMLA Doctor immediately in the event of unauthorized account access.
3.3 Account Restrictions
- FMLA Doctor reserves the right to suspend or terminate accounts for violations of these Terms or for unauthorized activities.
4. License Grant and Restrictions
4.1 License Grant
FMLA Doctor grants a limited, non-exclusive, non-transferable license to access and use the Service for lawful medical purposes in accordance with these Terms.
4.2 License Restrictions
You may not:
- Reverse-engineer, decompile, or disassemble the Service.
- Use the Service for unlawful, discriminatory, or harmful purposes.
- Sell, lease, or sublicense the Service to third parties.
5. Scope of Service Features
FMLA Doctor provides a comprehensive telehealth platform designed to connect patients with licensed healthcare providers for legitimate FMLA (Family and Medical Leave Act) medical certifications through secure video consultations and standardized clinical assessments. Our Service includes:
5.1 Telehealth Consultations
- Secure Video Conferencing: HIPAA-compliant video consultations between patients and licensed healthcare providers.
- Clinical Documentation: Comprehensive medical evaluation and documentation for FMLA certification purposes.
- Provider Network: Access to licensed Clinical Social Workers (LCSWs), Psychologists, and Psychiatrists with multi-state licensing.
5.2 FMLA Medical Certification Services
- Standardized Assessments: Biopsychosocial assessment templates and FMLA-specific evaluation criteria.
- Psychometric Tools: Integrated assessment instruments (PHQ-9, GAD-7, DASS) for clinical evaluation.
- Medical Documentation: Generation of proper FMLA certification forms (WH-380-E/F) with clinical reasoning.
5.3 Clinical Compliance & Security
- HIPAA Compliance: Full compliance with HIPAA technical, administrative, and physical safeguards.
- Multi-State Licensing: Provider network licensed through Interstate Medical Licensure Compact (IMLC).
- Medical Practice Standards: Adherence to state telehealth regulations and standard of care requirements.
- Medical Data Security: All patient health information is securely stored on AWS with end-to-end encryption and strict access controls.
- Patient Privacy: Each patient’s medical data remains completely confidential and HIPAA-protected.
- Healthcare Compliance: Built to meet HIPAA, state medical practice requirements, and healthcare data security standards.
6. Subscription Fees, Billing, and Refunds
6.1 Billing
- Subscriptions are billed on a recurring basis as specified during the signup process.
- Payment is required via accepted methods (e.g., credit cards, ACH).
- Any changes to billing terms or subscription fees will be communicated via email or updates to these Terms of Service.
6.2 Refunds
- Subscription fees are non-refundable except as required by law or explicitly stated in your agreement.
7. AWS Hosting and Security Commitments
7.1 Use of AWS Infrastructure
- The Service is hosted on AWS, leveraging state-of-the-art data centers and robust infrastructure.
- AWS ensures high availability, scalability, and compliance with global data protection standards.
7.2 Security Practices
- Data Encryption: All data is encrypted at rest and in transit using advanced protocols.
- Access Controls: Role-based access ensures only authorized personnel can access sensitive medical data.
- Monitoring: Continuous monitoring of the AWS environment for threats or anomalies.
7.3 Shared Responsibility
- FMLA Doctor’s Responsibilities: Managing the security of the AWS infrastructure and Service in compliance with HIPAA requirements.
- User Responsibilities: Securing user credentials and ensuring proper usage of the Service in accordance with medical privacy requirements.
7.4 Compliance
- AWS complies with key certifications, including ISO 27001, SOC 2, HIPAA, and GDPR. FMLA Doctor follows industry best practices for medical data protection and healthcare security.
8. Clinical Technology Disclaimer
8.1 Medical Assessment and Clinical Judgment
- Clinical assessments are conducted by licensed healthcare providers using standardized evaluation tools and professional clinical judgment.
- Technology platforms support but do not replace the clinical expertise and medical decision-making of licensed providers.
- All FMLA medical certifications are made by qualified healthcare professionals in accordance with applicable medical practice standards.
8.2 Patient Data Confidentiality and Medical Privacy
- Patient Data Isolation: Your medical information is stored securely and used only for your specific healthcare services and FMLA certification.
- No Cross-Patient Data Sharing: Patient medical records and consultation data are never shared across different patients or used for other purposes.
- Secure Processing: All medical data processing occurs within our HIPAA-compliant AWS infrastructure with strict privacy protections.
8.3 Medical Data Processing Transparency
- Medical data processing is subject to our Privacy Policy, HIPAA regulations, and AWS’s comprehensive healthcare security and privacy frameworks.
9. Medical Data Privacy and User Responsibilities
9.1 Patient Data Ownership and Retention
- Patients retain full ownership of all Medical Data, Patient Information, and clinical assessments derived from their telehealth sessions.
- All medical data will be securely maintained in accordance with HIPAA retention requirements and deleted upon request as legally permitted. To initiate a deletion request, please email support@fmla.doctor.
9.2 Limited Use of Medical Data
FMLA Doctor only processes medical data for:
- Providing telehealth services and medical consultations.
- Conducting clinical assessments and FMLA medical certifications.
- Generating medical documentation and certification reports.
- Ensuring continuity of care and medical follow-up.
- Compliance with HIPAA and medical practice requirements.
9.3 Medical Practice Responsibility and Legal Compliance
- Healthcare providers are responsible for ensuring that medical practice complies with applicable state licensing laws and medical standards of care.
- Providers must maintain proper medical licensing and credentials for telehealth practice.
- Medical data is for legitimate healthcare purposes and must be used in compliance with HIPAA and medical privacy regulations.
10. Acceptable Use Policy
You agree not to:
- Use the Service without proper patient consent or valid medical purpose under applicable healthcare laws.
- Use the Service for fraudulent, illegal, harmful, or inappropriate medical practices.
- Attempt to obtain FMLA certifications through false or misleading medical information.
- Upload, distribute, or otherwise make available malware, unauthorized software, or harmful content.
- Engage in activities such as unauthorized data scraping, excessive automated requests, or any actions that may disrupt or compromise the security or performance of the Service.
- Attempt to circumvent or undermine security measures, access restrictions, or interfere with other users’ use of the Service.
- Use the Service to harass, abuse, or harm patients or providers, or in any manner that violates applicable medical practice laws or patient rights.
- Share or misuse patient medical data in ways that violate HIPAA, medical privacy laws, or healthcare regulations.
11. Service Modifications and Updates
FMLA Doctor may:
- Modify features or functionality for improvement or compliance purposes.
- Provide advance notice for significant changes, where possible.
- Update these Terms as needed. Continued use of the Service after such updates constitutes acceptance of the new terms.
- FMLA Doctor aims for 99.9% uptime; however, downtime may occur due to scheduled maintenance, third-party issues, or force majeure events.
13. Termination of Accounts and Data Deletion
- FMLA Doctor may terminate accounts for non-payment, breaches of these Terms, or other unauthorized activities, with notice where possible.
- Users can terminate their accounts at any time by emailing support@fmla.doctor. Upon termination, all user data will be securely deleted in accordance with HIPAA requirements.
- Termination does not absolve the User of any outstanding payment obligations.
14. Limitation of Liability
- FMLA Doctor’s liability is limited to the total subscription fees paid in the past 12 months.
- In no event shall FMLA Doctor be liable for indirect, incidental, or consequential damages.
15. Indemnification
Users agree to indemnify and hold harmless FMLA Doctor against claims arising from misuse of the Service, breaches of these Terms, or unauthorized activities.
16. Dispute Resolution and Arbitration
- All disputes will be resolved via arbitration in Nevada, USA, under the applicable arbitration rules.
- Users agree to waive the right to participate in any class action or collective legal proceeding.
17. Force Majeure
FMLA Doctor is not liable for disruptions caused by circumstances beyond its control, such as natural disasters or cyberattacks.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of Nevada, USA. Any legal proceedings must take place in Nevada courts.
19. Feedback and Suggestions
Feedback submitted to FMLA Doctor becomes its property, granting us rights to use and incorporate suggestions without compensation.
For questions about these Terms, please contact us at:
- Email: support@fmla.doctor
21. Changes to Terms
FMLA Doctor reserves the right to modify these Terms at any time. If you continue to use the Service after the updated Terms are posted, you are deemed to have accepted the modifications.