1. Acceptance of Terms
By accessing or using the Winsighter website at winsighter.com (the "Site") or any document preparation software, filing guides, or related services we offer (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Winsighter, LLC ("Winsighter," "we," "us," or "our"). We reserve the right to update these Terms at any time. We will notify you of material changes by posting a notice on the Site. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. Your use of the Service is also governed by our Privacy Policy, available at winsighter.com/privacy, which is incorporated into these Terms by reference. By using the Service, you also agree to the terms of our Privacy Policy. Notwithstanding the foregoing, any engagement for document preparation or filing services is not effective and no services will be performed until payment has been successfully processed and confirmed by Winsighter.
2. Not a Law Firm — Important Disclaimer
WINSIGHTER IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE, LEGAL REPRESENTATION, OR LEGAL STRATEGY. Winsighter provides self-service document preparation software that helps you complete California probate and estate court forms based on information you provide. We are in the same category of services as LegalZoom — a technology company that provides document preparation tools, not a source of legal counsel. • We do not review your situation for legal sufficiency, draw legal conclusions, or apply the law to the facts of your matter. • Using our Service does not create an attorney-client relationship between you and Winsighter. • The documents we prepare are based solely on the information you provide. You are responsible for ensuring the accuracy and completeness of that information. • If you need legal advice about your specific situation, you should consult a licensed California probate attorney. For our Attorney-Review tier, the reviewing attorney is an independent, third-party licensed attorney and is not an employee or agent of Winsighter. Any communication with that attorney is separate from your relationship with Winsighter. Any Legal Document Assistant assigned to your case is an independent, county-registered professional who contracts directly with you, exercises independent professional judgment, is solely responsible for the preparation and filing of your documents, and is not an employee, agent, or representative of Winsighter. If you engage an independent attorney through the Attorney-Review tier, an attorney-client relationship may be formed between you and that attorney solely with respect to the limited services provided by that attorney. Winsighter is not a party to that relationship and does not provide legal advice. You acknowledge that information submitted through the Service may be accessible to Winsighter for purposes of operating and improving the platform, and such access does not create or extend any attorney-client relationship with Winsighter.
3. Eligibility
To use the Service, you must: • Be at least 18 years of age • Be administering an estate where the decedent was domiciled in California at the time of death, or where the estate assets are otherwise subject to California probate or succession law • Have the legal capacity to enter into a binding agreement • Use the Service only for estates subject to California law The Service is designed exclusively for California estates. We do not represent that it is appropriate for use in any other jurisdiction. If you are acting as a personal representative, executor, administrator, or trustee, you represent that you have the authority to act in that capacity.
4. Description of Service
Winsighter provides: Document Preparation Software. Our software uses the information you input to populate California Judicial Council and county-specific court forms applicable to your estate matter. The resulting documents are for your use in filing with the appropriate court, county recorder, or financial institution. E-Filing and Filing Guides. Step-by-step procedural instructions explaining how to submit your documents to the appropriate California court or government office. These guides are informational in nature and do not constitute legal advice. Estate Screener. A free, anonymous questionnaire that identifies which California probate or estate administration path or paths may apply to your situation based on your inputs. The screener result is informational only and does not constitute a legal determination or opinion. Attorney-Review Tier. Upon purchase, an independent, CA-licensed attorney will review your prepared document packet and conduct a scheduled 20-minute call to identify potential legal red flags. This review is not a full legal opinion, does not create an attorney-client relationship with Winsighter, and does not substitute for full legal representation. Full-Service Filing Tier. For our Full-Service tier, an independent, California-registered Legal Document Assistant (LDA) may assist with the preparation and submission of your document packet. LDA partners are independent contractors, not employees or agents of Winsighter. Their services are provided pursuant to California Business & Professions Code §6400 et seq. LDA partners do not provide legal advice, and their assistance does not create any attorney-client relationship. All documents generated by the Service are draft outputs provided for informational and preparatory purposes only and are not final or complete until reviewed, verified, and finalized by you or, where applicable, an assigned Legal Document Assistant. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
5. Your Responsibility for Accuracy
You are solely responsible for the accuracy, completeness, and truthfulness of all information you provide through the Service. Winsighter prepares documents based on what you tell us — we do not independently verify the information you submit. If you provide inaccurate, incomplete, or false information: • The resulting documents may be incorrect, rejected by the court, or legally ineffective • Winsighter bears no liability for any resulting harm, loss, or legal consequence • Court filing fees and any costs associated with correcting errors are your responsibility You agree to review all prepared documents carefully before filing them. Winsighter does not warrant that the Service will correctly identify the appropriate legal procedure for your specific situation. Even if the Estate Screener suggests a particular pathway, you are encouraged to verify that pathway with a licensed California probate attorney before filing any documents.
6. Payments and Refund Policy
Payment. All fees are charged at the time of purchase. Payments are processed securely through Stripe. We do not store your payment card information. Pricing. Current pricing is displayed on the Site at the time of checkout. Prices are subject to change; the price shown at checkout governs your transaction. Refunds. Because our Service involves the immediate preparation of personalized legal documents: • Refunds are available within 24 hours of purchase if document preparation has not yet been completed. • Once your document packet has been delivered, no refunds will be issued, except where required by applicable law. Delivery is deemed complete upon Winsighter's confirmation that the document packet has been successfully transmitted to the email address provided at checkout. Winsighter shall not be responsible for delivery failures resulting from incorrect contact information provided by you, email filtering, spam settings, or other factors outside of Winsighter's control. • If you experience a technical error that prevents delivery of your documents, contact us at support@winsighter.com and we will resolve the issue or issue a full refund at our discretion. For clarity, any included revisions are limited to corrections to the same purchased document packet based on the same underlying facts and do not include new filings, new assets, or changes in legal strategy. Court Filing Fees. Any fees charged by California courts, county recorders, or other government offices to file your documents are separate from Winsighter's fees and are not refundable by us. Court filing fees and similar government charges are collected by Winsighter solely for the purpose of remitting such amounts to the applicable government office and are not retained as revenue or compensation by Winsighter.
7. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to: • Use the Service for any fraudulent purpose, including submitting false information to courts or government agencies • Attempt to gain unauthorized access to any part of the Service or its infrastructure • Upload, transmit, or distribute any malicious code, virus, or harmful content • Reverse-engineer, decompile, or attempt to extract the source code of our software • Use automated tools (bots, scrapers, etc.) to access, collect, or index content from the Service without our written permission • Resell, sublicense, or reproduce any part of the Service or the documents we prepare without authorization • Use the Service in any way that violates applicable federal, state, or local laws or regulations We reserve the right to suspend or terminate your access to the Service for any violation of these provisions.
8. Privacy and Security
User Privacy and Data Use. Winsighter collects, uses, and discloses your personal information solely for the purpose of providing and improving the Service, including generating documents, facilitating LDA or attorney review, and enabling document filing. We do not sell your personal information. Your information may be shared with independent Legal Document Assistants, attorneys, and third-party service providers solely as necessary to perform the services you request. All such handling of personal information is governed by our Privacy Policy, which describes in detail your rights under applicable law, including your rights under California privacy laws. Data Security. Winsighter implements commercially reasonable administrative, technical, and physical safeguards designed to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and Winsighter does not guarantee absolute security. You acknowledge that you provide information to the Service at your own risk and are responsible for maintaining the confidentiality of any account credentials and for securing access to your own devices and communications.
9. Intellectual Property
Winsighter's Content. The Site and Service, including all software, text, graphics, logos, filing guides, screener content, and other materials produced by Winsighter (excluding California Judicial Council forms, which are public-domain government documents), are owned by or licensed to Winsighter and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our proprietary content without our express written permission. Your Documents. The completed court forms generated for you based on your inputs belong to you. We grant you a non-exclusive, non-transferable license to use those documents for their intended legal purpose. Government Forms. California Judicial Council forms and other government-published forms used in our Service are public-domain documents. We make no claim of ownership over the underlying form templates.
10. Third-Party Services and Links
The Service may contain links to third-party websites, including California court e-filing portals, county recorder offices, financial institutions, and attorney directories. These links are provided for your convenience only. Winsighter does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party site or service. Your interactions with third-party sites are governed by their own terms and privacy policies. Attorney-Review Services. Independent attorneys who provide the Attorney-Review tier are not employees or contractors of Winsighter. They are licensed professionals operating independently. Winsighter is not responsible for the content of any communication between you and the reviewing attorney, and that attorney's advice does not represent the views or legal position of Winsighter. Legal Document Assistant Services. Any Legal Document Assistant who provides services through the Service is an independent, county-registered professional who contracts directly with you. Winsighter does not control or direct the LDA's work and is not responsible for the content, accuracy, or outcome of any documents prepared, reviewed, or filed by the LDA, all of which are the LDA's independent professional responsibility.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. Winsighter does not warrant that: • The documents we prepare will be accepted by any court, recorder, financial institution, or government agency • The Service will be uninterrupted, error-free, or free from viruses or other harmful components • The information and guides provided are complete, current, or applicable to your specific legal situation • Any particular legal outcome will result from use of the Service Without limiting the foregoing, any content generated using automated or AI-assisted processes may contain errors or omissions, and you remain solely responsible for verifying all information before use or submission. California law may provide you with specific rights that cannot be excluded. Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINSIGHTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. IN NO EVENT SHALL WINSIGHTER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO WINSIGHTER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Winsighter has been advised of the possibility of such damages. Without limiting the foregoing, Winsighter shall have no liability for any acts, errors, omissions, or services provided by any independent Legal Document Assistant or attorney engaged through the Service, all of which are the sole responsibility of such independent professionals. Without limiting the foregoing, any estate screener, pathway recommendation, or routing determination provided through the Service is for informational purposes only and may not reflect the correct legal procedure for your specific situation. You acknowledge that you are solely responsible for verifying the appropriate legal pathway before taking any action, and Winsighter shall have no liability for any decisions, filings, or outcomes based on such screener outputs.
13. Indemnification
You agree to indemnify, defend, and hold harmless Winsighter and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: • Your use of or inability to use the Service • Your violation of these Terms • Any inaccurate, incomplete, or false information you provided through the Service • Your violation of any applicable law or the rights of any third party
14. Force Majeure
Winsighter shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, court closures, government orders, public health emergencies, or failures of third-party services including payment processors, cloud infrastructure providers, or e-filing systems ("Force Majeure Event"). In the event of a Force Majeure Event, Winsighter will use commercially reasonable efforts to notify you promptly and to resume service as quickly as practicable. A Force Majeure Event does not excuse any payment obligations already accrued prior to the event.
15. Governing Law and Dispute Resolution
Governing Law. These Terms and any disputes arising from them shall be governed by the laws of the State of California, without regard to its conflict-of-law principles. Informal Resolution. Before initiating any formal proceeding, you agree to first contact us at legal@winsighter.com to attempt to resolve the dispute informally. We will attempt to respond within 30 days. Completion of this informal resolution step is a prerequisite to any formal proceeding. Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted on an individual basis. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction. You may opt out of this arbitration provision by notifying us in writing at legal@winsighter.com within 30 days of first using the Service. Mass Arbitration Protocol. If twenty-five (25) or more similar arbitration demands are filed against Winsighter by or with the assistance of the same law firm, organization, or group of coordinated counsel, the parties agree that such demands shall be administered in coordinated batches of up to ten cases at a time. The arbitrator shall be selected for each batch in accordance with the applicable rules, and no other demands shall proceed until the initial batch is resolved. The parties agree to cooperate in good faith to implement this process to ensure efficient resolution of claims and to avoid undue burden or cost. Venue for Non-Arbitrable Claims. For any claims not subject to arbitration (including claims for emergency injunctive or equitable relief), the exclusive venue shall be the Superior Court of Sacramento County, California. You hereby consent to personal jurisdiction in that court. Class Action Waiver. To the extent permitted by law, you waive any right to bring or participate in a class action lawsuit or class-wide arbitration against Winsighter. All disputes must be brought on an individual basis only.
16. Termination
Winsighter reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to a violation of these Terms or suspected fraudulent activity. Upon termination: • Your right to use the Service immediately ceases • Provisions of these Terms that by their nature should survive termination (including Sections 2, 9, 11, 12, 13, and 15) shall remain in full force You may stop using the Service at any time. If you have paid for a service that has not yet been delivered, refer to our Refund Policy in Section 6.
17. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting a notice on the Site and updating the "Last Updated" date below. For significant changes, we will provide at least 14 days' advance notice before the new Terms take effect. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.
18. Contact Us
If you have questions about these Terms, please contact us: Email: legal@winsighter.com Support: support@winsighter.com Website: winsighter.com Winsighter, LLC | California Winsighter provides self-service document preparation software. We are not a law firm and do not provide legal advice. Attorney-review services are provided by independent, third-party licensed attorneys; LDA filing services are provided by independent California-registered Legal Document Assistants.