Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and related services (collectively, the “Services”) provided by WinVero (“WinVero,” “we,” or “us”). Our Privacy Policy, Disclaimer, and any authorization you sign in the Services are incorporated by reference.

1. Eligibility

You must be at least 18 years old, a California resident, and the injured person making the claim to use the Services. The Services support California motor vehicle accident bodily-injury claims that are expected to resolve before a lawsuit is filed. WinVero may decline, limit, or discontinue service for any claim it determines is outside that scope, including claims involving a minor, a fatality, a person who already has a lawyer or has already accepted a settlement, disputed liability, or injuries or circumstances that may require litigation, and may refer such matters to a lawyer.

2. Accounts, Identity Verification, and Electronic Records

You must provide accurate and complete information and keep it current. You are responsible for all activity under your account and for keeping your credentials secure, and you must notify us promptly of any unauthorized use. Accounts created by automated means are not permitted.

Before WinVero takes any action toward an insurer on your behalf, you must complete identity verification through our third-party verification provider. We may decline or suspend service if verification fails or if we reasonably suspect fraud.

You consent to receive notices and records electronically and agree that your electronic acceptance, approvals, and signatures within the Services have the same effect as a handwritten signature under the federal ESIGN Act and California’s Uniform Electronic Transactions Act. To access electronic records you need a device with a current web browser and an email account able to receive messages from us. You may withdraw this consent by emailing legal@winvero.com, in which case we may be unable to continue providing the Services.

3. Nature of the Services

WinVero provides a self-help technology platform that helps you organize, value, and negotiate your own insurance claim. References to WinVero performing tasks refer to WinVero’s technology platform, which is powered in part by artificial intelligence. Human staff provide technical, operational, and clerical support; they do not provide legal advice or make substantive decisions about your claim.

You retain exclusive authority over all substantive decisions in your claim, including what to demand, whether to accept or reject any offer, whether to sign any document, and whether to hire a lawyer. WinVero does not receive, hold, or disburse settlement funds; the insurer pays you directly, and WinVero is never a payee. WinVero does not act as the signing platform, witness, or notary for any settlement document.

4. AI-Generated Content

The WinVero chat is an automated system, not a human. Artificial-intelligence output may be inaccurate, incomplete, or wrong. You agree to review all content generated by the Services, to correct any inaccurate information, and to independently verify anything you rely on before acting on it or sending it to anyone. WinVero takes reasonable steps to reduce errors but does not warrant that any output is accurate or complete.

The Services give you general information about how claims work. They do not tell you what to do about your own claim. Some questions fall outside what the Services can answer, and they may decline to answer.

A settlement estimate is a data-based range and is not a guarantee of what any insurer will offer or pay. An estimate may change substantially as further information becomes available, including where your medical treatment is ongoing.

The Services can only account for information you provide or that is provided to us in writing. Anything discussed in a telephone conversation or otherwise outside the Services is not reflected in your claim file unless you tell us about it.

5. Your Review and Approval

No communication or document prepared through the Services is sent to an insurer or any other third party until you have reviewed it and affirmatively approved it. By approving a communication, you represent that its contents are truthful and accurate to the best of your knowledge and authorize WinVero to transmit it on your behalf. WinVero maintains a record of your approvals.

6. Limited Authorizations

By using the claim-support features, you authorize WinVero and its service providers to transmit communications you have approved to insurers and other parties; to receive replies on your behalf through a case-specific contact channel; and to apply your electronic signature, where you have directed it, to routine administrative forms such as claim-notice forms. Any other action toward a third party or a government agency is taken only if you approve it at the time.

You do not authorize WinVero to sign any settlement agreement, release, or other legally binding document; to accept or reject any offer; or to take any action you have not approved. WinVero is not your attorney-in-fact or agent for any other purpose.

7. Medical Records and Providers

You decide which medical records, if any, to share with WinVero. Nothing in these Terms is itself a medical-records authorization. If you ask, WinVero may show you medical providers who treat accident patients, some of whom work on a lien basis. WinVero does not recommend any provider or treatment, receives no compensation from providers, and is not responsible for the care you receive.

8. Attorney Review and Settlement Floor

You may request a free attorney review at any time. When you do, WinVero shares your claim information with an affiliated or participating licensed California law firm for evaluation. Before reviewing your case, the firm agrees in writing to WinVero’s Settlement Floor terms: if it takes your case, its fee applies only to amounts recovered above the insurer’s offer existing at the time of referral.

The Settlement Floor is not a guarantee that you will receive any particular amount. It means that seeking a review does not cost you the offer you already have. A firm may decline your case, including where the amount recoverable above the existing offer is small. Any representation is governed solely by a written engagement agreement between you and the firm. You are never required to hire any lawyer and may choose any lawyer you wish.

Financial relationship disclosure. WinVero is owned by a licensed California law firm, which provides legal oversight of the platform. If you choose to be represented by that firm or by another firm through the Services, that firm’s fee is governed by a separate written agreement between you and the firm and is paid from your settlement. WinVero itself charges you nothing and receives no part of your settlement.

9. Liens

Health insurers, Medicare, Medi-Cal, workers’ compensation carriers, medical providers, and others may have legal rights to reimbursement from your settlement. You are solely responsible for identifying, verifying, negotiating, and satisfying all liens. WinVero does not resolve liens and is not liable for any lien you fail to address. If your claim involves Medicare or Medi-Cal, you are strongly encouraged to consult an attorney before settling.

10. Deadlines and Statutes of Limitations

Personal injury claims are subject to strict deadlines, including statutes of limitations and, where a government entity is involved, much shorter claim-presentation deadlines. Missing a deadline can permanently bar your claim. Any deadline information or reminder provided by the Services is general information only. WinVero does not advise you about which deadlines apply to you and is not responsible for tracking or meeting any deadline. You assume all risk related to deadlines and should consult a licensed attorney about the deadlines that apply to your claim.

11. Fees

The Services are free to you. If you settle your claim using WinVero, you pay WinVero nothing. Any lawyer’s fees are governed solely by your written agreement with that lawyer. You remain responsible for your own medical bills, liens, any fees charged by agencies or providers for copies of records, and other obligations to third parties.

12. Your Responsibilities

You agree to provide truthful, accurate, and complete information and to correct errors promptly; to tell us promptly if you hire a lawyer, receive an offer directly, or accept a settlement outside the Services; to review all content before acting on it; and to use the Services only for your own bona fide personal injury claim. You will not submit false, exaggerated, or misleading information or documents to WinVero, an insurer, or anyone else (insurance fraud is a crime under California Penal Code § 550); upload content you have no right to share; use the Services on behalf of anyone else; access the Services to build a competing product, benchmark, monitor, or investigate the Services, or extract WinVero’s models, prompts, data, or content; attempt to manipulate the Services into producing legal advice or prohibited content; or interfere with the security or operation of the Services. A licensed attorney who accesses the Services for any purpose other than a bona fide personal claim commits a material misrepresentation under these Terms.

We may suspend or terminate your access if we reasonably believe you have violated these Terms or engaged in fraud, and may report suspected fraud to insurers and law enforcement.

13. Availability and Changes to the Services

We will use commercially reasonable efforts to make the Services available and to provide reasonable support, but the Services may be unavailable due to maintenance, third-party outages, or events beyond our control. We may modify, suspend, or discontinue any part of the Services at any time; if we discontinue the Services, we will where reasonably possible give you notice and a reasonable opportunity to obtain a copy of your case file. WinVero may discontinue claim support or recommend an attorney review if negotiations extend beyond a reasonable period or the claim proves unsuitable for the Services.

14. Your Content and License

You own the information and documents you provide (“Your Content”). You grant WinVero and its affiliates and service providers a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and create derivative works from Your Content to provide the Services, to comply with law, and, in de-identified form, to improve, calibrate, train, and develop the Services and to create aggregate statistics and educational content. The de-identified-data license is perpetual and survives termination. WinVero will not use your name or identifying details in any testimonial or case study without your separate written consent. Feedback you provide may be used without obligation to you.

15. WinVero’s Intellectual Property

The Services and all content, software, models, templates, and trademarks are owned by WinVero or its licensors. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your own personal claim. Documents generated for you may be used for your claim. All other rights are reserved.

16. Termination

You may close your account at any time by emailing legal@winvero.com. Closing your WinVero account does not close or withdraw your insurance claim, which remains open with the insurer. WinVero may suspend or terminate your account for violation of these Terms, suspected fraud, legal requirement, or discontinuation of the Services. After closure we retain your information as described in the Privacy Policy, and you may request a copy of your information at any time by emailing legal@winvero.com. Sections 3, 4, 9, 10, 14, 15, and 17 through 21 survive termination.

17. Disclaimers

THE SERVICES, INCLUDING ALL AI-GENERATED CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WINVERO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT YOU WILL OBTAIN ANY PARTICULAR RESULT. WINVERO DOES NOT PROVIDE LEGAL, MEDICAL, TAX, OR FINANCIAL ADVICE. WINVERO IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF INSURERS, ADJUSTERS, HEALTHCARE PROVIDERS, RECORD CUSTODIANS, LIENHOLDERS, LAW FIRMS, OR OTHER THIRD PARTIES.

18. Limitation of Liability; Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, WINVERO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF SETTLEMENT VALUE, PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES. WINVERO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE.

To the extent permitted by law, you agree to indemnify and hold harmless WinVero and its affiliates, officers, directors, employees, and agents from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your fraud or material misrepresentation, your violation of another person’s rights, undisclosed liens, or your material breach of these Terms.

19. Dispute Resolution; Binding Arbitration

Informal resolution. Before starting arbitration or a lawsuit, the party raising the dispute must send the other a written notice describing it (to legal@winvero.com or to your account email) and attempt in good faith to resolve it for 30 days.

Arbitration. Any unresolved dispute arising out of or relating to these Terms or the Services, including privacy and data-security claims, will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and, where applicable, its Consumer Arbitration Minimum Standards. The Federal Arbitration Act governs this section. The arbitrator has exclusive authority to decide all issues, including arbitrability, except as reserved to courts below. WinVero will pay all JAMS fees other than your initial filing fee, which we will reimburse if you prevail. The arbitration will take place in the California county where you live, or by video or written submission at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and WinVero agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court.

Exceptions. Either party may bring an individual claim in small claims court; seek public injunctive relief in court to the extent required by California law; or seek injunctive relief in court to protect intellectual property. Nothing in this section prevents you from filing a complaint with a government agency.

Mass arbitration. If 25 or more similar demands are filed by the same or coordinated counsel, the parties agree that JAMS will administer them in batches of up to 25 before a single arbitrator per batch, with applicable fee deadlines running from the initiation of each batch.

Opt-out. You may opt out of this arbitration provision by emailing legal@winvero.com with your name and account email and a clear statement that you wish to opt out, within 30 days after first accepting these Terms. Opting out does not affect any other part of these Terms.

20. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and by the Federal Arbitration Act as to Section 19. Any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in California, except that you may bring a small claims action in the county where you live.

21. General

Entire agreement. These Terms, the Privacy Policy, the Disclaimer, and any authorization you sign in the Services are the entire agreement between you and WinVero regarding the Services. Any Settlement Floor Agreement or engagement agreement is between you and the relevant law firm.

Changes. We may update these Terms. If a change is material, we will notify you by email or in the portal before it takes effect. Your continued use after the effective date constitutes acceptance. The version you accepted is recorded in your account.

Severability; waiver; assignment. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; WinVero may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Consumer notice. Under California Civil Code § 1789.3, the Services are provided by WinVero at no charge and you may contact us at legal@winvero.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Contact. Questions about these Terms may be sent to legal@winvero.com.