Terms of Service
| Document | Hermosa Strategy Terms of Service |
|---|---|
| Effective Date | April 17, 2026 |
| Governing Law | State of California; Federal Arbitration Act |
| Dispute Resolution | Binding Individual Arbitration — JAMS Rules |
| Class Action | WAIVED |
| Damages Cap | Fees paid in prior 12 months; consequential damages excluded |
| Contact | info@hermosastrategy.com |
READ CAREFULLY BEFORE USING THIS PLATFORM. BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO THESE TERMS IN FULL. THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE, CLASS ACTION WAIVER, LIMITATION OF LIABILITY, AND INDEMNIFICATION OBLIGATION THAT MATERIALLY AFFECT YOUR LEGAL RIGHTS.
THIS PLATFORM IS A TECHNOLOGY TOOL — NOT A LAW FIRM. IT DOES NOT PROVIDE LEGAL ADVICE. ALL AI-GENERATED OUTPUT MUST BE REVIEWED AND APPROVED BY A LICENSED ATTORNEY BEFORE ANY USE OR RELIANCE.
1. ACCEPTANCE — AGREEMENT BY ACCESS, USE, OR DIGITAL SIGNATURE
These Terms of Service ("Terms") are a legally binding contract between Hermosa Strategy, LLC, a California limited liability company ("Company," "we," "us," or "our"), and the law firm, legal professional entity, or individual ("Subscriber," "you," or "your") that accesses or uses the Company's AI-powered medical record review platform, software, APIs, and related services (collectively, the "Platform").
YOU AGREE TO THESE TERMS BY DOING ANY OF THE FOLLOWING: (1) CLICKING "I AGREE" OR ANY SIMILAR BUTTON; (2) TYPING YOUR NAME OR INITIALS IN ANY SIGNATURE OR ACCEPTANCE FIELD; (3) ACCESSING, BROWSING, OR USING THE PLATFORM IN ANY MANNER; OR (4) PERMITTING ANY PERSON TO ACCESS THE PLATFORM THROUGH YOUR ACCOUNT. ANY OF THESE ACTS CONSTITUTES YOUR FULL AND BINDING ACCEPTANCE OF THESE TERMS AS OF THE DATE OF THAT ACT.
1.1 Digital and Electronic Signatures. You agree that a digital signature, electronic signature, or the act of typing your name, initials, or any identifying mark in a signature field is a legally valid and binding signature with the same force and effect as a handwritten signature, pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civil Code § 1633.1 et seq.). No signature is required for acceptance — use of the Platform alone constitutes acceptance.
1.2 Authority to Bind. By accepting these Terms, you represent and warrant that: (a) you have full legal authority to bind the firm or entity on whose behalf you are acting; (b) the entity is duly organized and in good standing; and (c) acceptance of these Terms does not violate any other agreement to which you or your entity is a party.
1.3 Authorized Agent; Representative Capacity. Each individual who accesses, uses, or accepts these Terms (including by clicking an acceptance button, typing a name or initials, or using credentials) does so solely as an authorized agent of the Subscriber firm or other Subscriber entity, and not in an individual or personal capacity. Accordingly, acceptance by any authorized user is acceptance on behalf of the Subscriber firm or entity only, and does not create any personal liability or personal obligation for such individual, unless the parties expressly agree in a separate written instrument that the individual is accepting in their personal capacity.
1.4 Continued Use as Ongoing Acceptance. Your continued access to or use of the Platform after any modification to these Terms constitutes your acceptance of the modified Terms. You are responsible for reviewing these Terms periodically. We will notify registered Subscribers of material changes by email or in-platform notice.
1.5 No Use Without Agreement. YOU MAY NOT ACCESS OR USE THE PLATFORM IN ANY MANNER IF YOU DO NOT AGREE TO THESE TERMS IN FULL. If you do not agree, your sole remedy is to discontinue all use of the Platform immediately and notify us at legal@hermosastrategy.com to close your account.
2. LIMITED LICENSE GRANT; REVOCATION RIGHTS
Subject to these Terms and full payment of all applicable fees, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for internal legal practice purposes within your law firm. This license grant is the most limited grant permissible under applicable law.
2.1 Scope of License. The license granted herein permits you to: (a) access the Platform through Company's designated interface; (b) upload client case materials for AI-assisted processing; (c) generate AI-assisted medical record chronologies, lien summaries, and demand letter drafts for attorney review; and (d) store and retrieve processed outputs through the Platform. No other use is permitted.
2.2 Revocation at Will. COMPANY RESERVES THE RIGHT TO REVOKE, SUSPEND, TERMINATE, OR RESTRICT YOUR LICENSE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITH OR WITHOUT CAUSE, AND WITHOUT LIABILITY OF ANY KIND. Reasons for revocation include but are not limited to: suspected violation of these Terms; non-payment; conduct that Company reasonably believes poses risk to the Platform, other users, or third parties; regulatory requirements; or Company's business judgment. Upon revocation, all rights granted herein immediately cease.
2.3 No Ownership. These Terms grant a license only. You acquire no ownership interest in the Platform, its underlying technology, AI models, software, databases, or any intellectual property of Company. All rights not expressly granted are reserved by Company.
2.4 Account Responsibility. You are solely responsible for all activity conducted through your account and all authorized user accounts under your subscription, regardless of who conducts that activity. You must immediately notify Company of any unauthorized access or breach of your account security.
2.5 Reservation of Rights. Company reserves the right to modify, discontinue, suspend, or terminate the Platform or any feature thereof, temporarily or permanently, at any time and without liability. Company may impose usage limits, access restrictions, or other limitations at its sole discretion.
3. PERMITTED USE
You may use the Platform only for lawful purposes and only in accordance with these Terms. Permitted uses are strictly limited to:
AI-assisted review and chronology of medical records for active personal injury cases
AI-assisted lien identification, calculation, and summarization
AI-assisted drafting of demand letters, subject to mandatory attorney review and approval before any use
Case document organization and summarization for internal law firm use
Any additional use explicitly authorized in a signed Order Form or MSA addendum
No other use is authorized. The foregoing list is exhaustive, not illustrative.
4. PROHIBITED USE
You expressly agree that you will NOT, directly or indirectly, do any of the following:
4.1 Legal and Ethical Prohibitions.
Use the Platform for any unlawful purpose or in violation of any federal, state, or local law, regulation, or professional responsibility rule
Use the Platform to provide legal advice to the public or to any person who is not a represented client of your firm
Represent to any client, court, opposing party, or third party that AI-generated output is the independent work product of a licensed attorney without disclosure of AI assistance where required by applicable rules
Use the Platform in any manner that violates applicable bar rules on competence, supervision, or candor
Use the Platform to generate or submit fraudulent, fabricated, or materially misleading content to any court, agency, or third party
4.2 Platform Integrity Prohibitions.
Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or AI models underlying the Platform
Scrape, crawl, index, or systematically extract data from the Platform
Attempt to circumvent any access controls, authentication systems, rate limits, or security measures
Access the Platform by automated means without Company's express written permission
Probe, scan, or test the vulnerability of the Platform or any related system
Introduce any virus, malware, ransomware, or other harmful code
4.3 Data and Competitive Prohibitions.
Use data or output from the Platform to train, develop, or improve any competing AI system or product
Sell, sublicense, resell, transfer, or commercially exploit the Platform or any output therefrom without express written authorization
Benchmark the Platform against competing products and publish such results without Company's prior written consent
Use the Platform to process data of any third party who has not consented to such processing
4.4 Consequences of Prohibited Use. Violation of this Section is grounds for immediate termination and may subject you to civil liability and injunctive relief. Company reserves all legal and equitable remedies.
5. AI DISCLAIMER AND UNAUTHORIZED PRACTICE OF LAW NOTICE
THIS SECTION CONTAINS CRITICAL DISCLAIMERS. FAILURE TO COMPLY WITH ATTORNEY REVIEW REQUIREMENTS MAY RESULT IN PROFESSIONAL DISCIPLINE, SANCTIONS, OR LIABILITY — ALL OF WHICH ARE SOLELY YOUR RESPONSIBILITY.
5.1 Not a Law Firm; No Legal Advice. Hermosa Strategy, LLC is a technology company incorporated under the laws of the State of California. It is not a law firm, does not employ attorneys in their capacity as attorneys to provide legal services through the Platform, and does not provide legal advice. No attorney-client relationship is created between Company and any Subscriber or end user by virtue of any use of the Platform.
5.2 AI Output Is Not Legal Work Product. All text, analysis, chronologies, summaries, letter drafts, and other content generated by the Platform ("AI Output") is produced by artificial intelligence systems and constitutes a first draft only. AI Output: (a) may contain errors, omissions, hallucinations, or inaccuracies; (b) may not reflect current law or jurisdiction-specific requirements; (c) may not account for facts not included in the input materials; and (d) has not been reviewed by a licensed attorney prior to delivery to you.
5.3 Mandatory Attorney Review. EVERY PIECE OF AI OUTPUT GENERATED BY THE PLATFORM MUST BE INDEPENDENTLY REVIEWED, VERIFIED, CORRECTED, AND APPROVED BY A LICENSED ATTORNEY ADMITTED IN THE APPLICABLE JURISDICTION BEFORE ANY USE, RELIANCE, FILING, SUBMISSION, OR DISTRIBUTION. The supervising attorney bears full professional responsibility for all work product used in client representation, regardless of AI assistance. No AI Output may be submitted to any court, agency, opposing party, insurance carrier, or other third party without prior attorney review and approval.
5.4 Assumption of Professional Responsibility. By using the Platform, you and your authorized attorneys affirmatively assume all professional responsibility for: (a) supervising the use of AI tools in legal practice; (b) verifying the accuracy and completeness of all AI Output; (c) complying with all applicable professional responsibility rules governing competence (ABA Model Rule 1.1), supervision (Rule 5.1, 5.3), and candor (Rule 3.3); and (d) making all required disclosures to clients regarding the use of AI in their representation.
5.5 Jurisdictional Responsibility. You are solely responsible for determining whether your use of the Platform complies with the professional responsibility rules of all jurisdictions in which you are licensed or practice. Company makes no representation that use of the Platform complies with the rules of any particular jurisdiction.
5.6 AI Errors and Hallucinations. Large language model AI systems can and do produce plausible-sounding but factually incorrect output (“hallucinations”), including fabricated case citations, incorrect medical information, and inaccurate factual summaries. YOU MUST INDEPENDENTLY VERIFY ALL FACTUAL CLAIMS, CASE CITATIONS, MEDICAL REFERENCES, AND LEGAL STANDARDS IN AI OUTPUT BEFORE ANY USE. Company is not liable for any harm resulting from unverified or unreviewed AI Output.
6. FEES, PAYMENT, AND SUSPENSION FOR NON-PAYMENT
6.1 Fees. Subscriber shall pay all fees specified in the applicable Order Form or MSA. All fees are in U.S. dollars and are non-refundable except as expressly provided herein.
6.2 Payment Terms. Fees are due and payable pursuant to the billing cycle specified in your Order Form. Invoices not paid within fifteen (15) days of the due date bear interest at 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less.
6.3 Suspension. Company may suspend your access to the Platform immediately and without notice upon non-payment of any amount due. Suspension does not relieve Subscriber of the obligation to pay all accrued fees. Reactivation is subject to payment of all outstanding amounts plus a reactivation fee.
6.4 Taxes. You are responsible for all applicable taxes, levies, or duties imposed by any taxing authority on fees paid hereunder, excluding taxes on Company’s net income.
7. CONFIDENTIALITY AND DATA
7.1 Your Data. As between the parties, you retain ownership of all data, documents, and PHI you upload to the Platform (“Subscriber Data”). You grant Company a limited, non-exclusive license to process Subscriber Data solely to provide the Services.
7.2 No Training on Subscriber Data. Company will not use Subscriber Data to train, fine-tune, or improve any AI model without your express written consent.
7.3 Data Security. Company maintains security controls described in the Hermosa Strategy HIPAA Policies and Procedures Manual, including AES-256 encryption at rest and TLS 1.2+ in transit. Where Subscriber Data includes PHI, a Business Associate Agreement governs data handling and supplements these Terms.
7.4 Privacy Policy. Company’s collection and use of personal information is governed by the Hermosa Strategy Privacy Policy, incorporated herein by reference.
8. INTELLECTUAL PROPERTY
8.1 Platform IP. The Platform, including all software, AI models, algorithms, interfaces, documentation, and derivative works, is the exclusive property of Company and its licensors, protected by copyright, trade secret, patent, and other intellectual property laws. Nothing herein transfers any intellectual property right to Subscriber.
8.2 Output Ownership. Subject to these Terms and payment of all fees, AI Output generated specifically from your Subscriber Data is owned by you, with the understanding that similar or identical output may be generated for other subscribers from different inputs. Company retains the right to use anonymized, de-identified, and aggregated metadata and usage data for product improvement and analytics.
8.3 Feedback. If you provide feedback, suggestions, or ideas regarding the Platform (“Feedback”), you grant Company a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback without restriction and without compensation to you.
9. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS; (C) ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR LEGAL SUFFICIENCY OF ANY AI OUTPUT; AND (D) ANY WARRANTY THAT THE PLATFORM COMPLIES WITH THE PROFESSIONAL RESPONSIBILITY RULES OF ANY JURISDICTION.
Company does not warrant that: (i) the Platform will meet your specific requirements; (ii) AI Output will be accurate, complete, or suitable for any particular legal matter; (iii) errors in the Platform will be corrected; or (iv) the Platform or any server is free of viruses or harmful components. You assume all risk associated with your use of the Platform and all reliance on AI Output.
10. LIMITATION OF LIABILITY
THIS SECTION LIMITS COMPANY'S LIABILITY TO YOU. READ IT CAREFULLY.
10.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: LOST PROFITS, LOST REVENUE, LOST DATA, LOST CLIENTS, LOST CASES, MALPRACTICE CLAIMS, PROFESSIONAL SANCTIONS, HARM TO REPUTATION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER LOSS OR DAMAGE, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
10.3 Basis of the Bargain. The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. Company would not have entered into these Terms without these limitations.
10.4 Essential Failures. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded or limited under applicable law, including liability for gross negligence or willful misconduct to the extent such exclusion is prohibited.
10.5 Third-Party Claims. COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM, SUIT, OR PROCEEDING BROUGHT BY OR ON BEHALF OF ANY THIRD PARTY — INCLUDING YOUR CLIENTS, OPPOSING PARTIES, COURTS, OR REGULATORY BODIES — ARISING FROM YOUR USE OF OR RELIANCE ON THE PLATFORM OR ANY AI OUTPUT.
11. INDEMNIFICATION AND DEFENSE
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS Company and its members, managers, officers, employees, attorneys, agents, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and litigation costs) (collectively, “Claims”) arising out of or relating to:
Your use of or access to the Platform, including use by any authorized user under your account
Any AI Output that you use, rely upon, submit, file, or distribute without adequate attorney review, verification, and approval
Any claim by a client, former client, opposing party, court, regulatory body, or any other third party arising from your use of AI-assisted work product
Any professional malpractice, disciplinary, or sanctions proceeding arising from your use of the Platform
Your violation of these Terms, any applicable law, or any professional responsibility rule
Your violation of any third-party right, including intellectual property rights or privacy rights
Any data you upload to the Platform, including claims that such data infringes any third-party right
Any negligent or wrongful act or omission by you or your authorized users in connection with the Platform
11.1 Defense. Company reserves the right to assume exclusive control of the defense and settlement of any Claim for which indemnification is owed, at your cost and expense. You shall not settle any Claim involving Company without Company’s prior written consent, which shall not be unreasonably withheld. You shall cooperate fully with Company’s defense of any Claim.
11.2 Survival. The indemnification obligations in this Section survive termination or expiration of these Terms indefinitely.
12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN COURT. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.