Terms of Service

Section 1About ClaimWorks USA

ClaimWorks USA is an intake and case-companion service for injured overseas contractors and maritime workers who may have a claim under the Defense Base Act ("DBA"), the Longshore and Harbor Workers' Compensation Act ("LHWCA"), or related US federal compensation laws.

ClaimWorks USA helps potential claimants gather and organise the information a US-licensed attorney needs to evaluate and progress a claim. ClaimWorks USA does not give legal advice and is not a law firm.

The ClaimWorks USA service is operated as a sole tradership trading as VBFactory, registered in Portugal. Tax identification number available on request at legal@vbfactory.co. The Operator runs the technology platform. A separate US-licensed attorney handles all legal matters.

Section 2What ClaimWorks USA is, and what it is not

ClaimWorks USA is:

• An intake service that asks you about your situation and gathers the information an attorney needs
• A case-companion that helps keep your case moving with follow-ups and document collection
• A bridge that connects you to a US-licensed attorney who can evaluate your case

ClaimWorks USA is not:

• A law firm
• A substitute for an attorney
• A guarantee that you have a claim, that any claim will succeed, or that you will receive any compensation
• A source of legal advice

The AI agents you interact with on this site are AI, not people. They are not attorneys. They do not provide legal advice. When asked, they will tell you they are AI.

Section 3No attorney-client relationship with ClaimWorks USA

If, after intake, the US-licensed attorney decides to take your case, you will sign a separate agreement directly with that attorney. That agreement creates the attorney-client relationship. Until you sign that agreement, no attorney represents you.

The Operator is not your attorney. The Operator does not act on your behalf in any legal proceeding. The Operator does not have the duties an attorney has under US bar rules. The information you share with ClaimWorks USA is protected by privacy laws (see Privacy below), but the strict attorney-client privilege applies only after you have a signed agreement with the attorney.

Section 4How the AI agents work

The site uses an AI conversational agent to take your intake. The agent will ask you questions about your injury, your work history, your employer, and related information. The agent will:

• Identify itself as AI when asked
• Not give legal advice or predict whether you have a strong case
• Refer all legal-decision questions to the attorney's office
• Stop and provide a crisis line if you express suicidal ideation, self-harm, threats, or describe an active medical emergency
• Connect you to a person if you ask

Section 5Who can use this service

You can use ClaimWorks USA if:

• You are at least 18
• You are the injured worker yourself, not a family member, employer, or other third party acting on the worker's behalf (the attorney will speak with family members at a later stage if appropriate)
• Your potential claim is for a US federal compensation programme that ClaimWorks USA covers (DBA, LHWCA, related)
• You give honest information

The Operator may decline service to anyone whose case is outside scope, whose intake is dishonest, or whose case is already represented by another attorney without disclosure.

Section 6What is in scope, what is out of scope

In scope: Defense Base Act claims, Longshore and Harbor Workers' Compensation Act claims, related US federal compensation programmes covered by the attorney's practice.

Out of scope: VA disability claims, state-level workers' compensation for non-overseas and non-maritime injuries, personal injury outside the zone of special danger doctrine, medical advice, settlement decisions, immigration matters, attorney disputes, in-progress case status for cases already filed.

If your situation is out of scope, the agent will tell you and suggest that your state bar's lawyer referral service or a local legal aid clinic is a good first stop.

Section 7Your responsibilities

You agree to:

• Give honest, accurate information
• Tell the agent if you are already represented by another attorney, before the intake goes further
• Not use the service for fraudulent purposes
• Not attempt to bypass the agent's safety limits

You acknowledge:

• The intake is a starting point. The attorney decides whether to take your case.
• No specific outcome is promised.
• Time limits ("statute of limitations") apply to legal claims. ClaimWorks USA does not guarantee that intake will be completed in time for any specific deadline. You are responsible for your own deadlines until you have a signed agreement with the attorney.

Section 8Fees

ClaimWorks USA does not charge claimants for intake. The attorney's fee, if any, is agreed separately between you and the attorney. Many DBA and LHWCA attorneys work on a contingency basis. The attorney will explain their fees in their own engagement letter.

Section 9Data and privacy

Full detail is in the Privacy Notice. Summary:

The Operator collects the information you share during intake and stores it securely. The Operator shares it with the attorney who is evaluating your case. The Operator does not sell your data. You can ask for a copy, ask for corrections, or ask for deletion (subject to legal retention requirements).

Your conversations with the agent are kept isolated from other claimants. Memory is per-claimant. Other claimants cannot see your information.

Section 10AI-specific terms

The agent is powered by a large language model. Large language models can make mistakes. They can produce plausible-sounding statements that are wrong. The Operator works to limit these mistakes within the agent's defined scope, but cannot eliminate them.

If the agent says something about your case that turns out to be wrong, the Operator is not liable for relying on it as if it were legal advice. The attorney is the source of legal advice, not the agent.

If the agent attributes a position to you ("you have a strong case", "you should refuse the settlement") that the agent is not allowed to take, treat that as a mistake to flag to the attorney's office, not as legal advice.

Section 11Crisis and emergency

If you are in immediate danger, in the United States call 988 for the Suicide and Crisis Lifeline, or call 911 for medical emergencies. The agent will pause intake and remind you of these numbers if it detects crisis signals.

For workers in extreme distress related to the injury and its consequences, talk to your doctor, a counsellor, or contact the Department of Labor's Office of Workers' Compensation Programs (OWCP) Veterans' Crisis Line resources where applicable.

Section 12Disclaimers

The service is provided as-is. The Operator does not guarantee:

• That you have a valid legal claim
• That any claim will succeed
• That you will receive any specific compensation
• That the service will be available without interruption
• That the agent will not make mistakes

Nothing in these terms reduces your statutory rights as a consumer.

Section 13Limitation of liability

To the maximum extent the law allows, the Operator's liability to you for any claim arising from your use of ClaimWorks USA is limited to €100 or its USD equivalent.

The Operator is not liable for: lost compensation, missed deadlines, attorney fees you incur, lost wages, indirect, incidental, consequential, or punitive damages, or any losses arising from your reliance on something the agent said as if it were legal advice.

This limitation does not apply to: gross negligence or wilful misconduct by the Operator, death or personal injury caused by the Operator's negligence, fraud, or any liability that cannot be limited under Portuguese consumer law.

Section 14Indemnification

You will indemnify the Operator against losses, costs, and reasonable legal fees arising from your fraudulent or dishonest use of the service, or from any breach of these terms by you.

Section 15Termination

You can stop using ClaimWorks USA at any time. The Operator may stop providing the service to you at any time, for breach of these terms or for any lawful reason, with reasonable notice where the law requires.

After termination, the Operator will keep the intake data for as long as the attorney needs it for an active case, and otherwise for the period required by US and Portuguese record-keeping laws.

Section 16Changes to these terms

The Operator may change these terms. Material changes will be flagged on the site for at least 30 days before they take effect. Continued use after the change date counts as acceptance.

Section 17Governing law and dispute resolution

These terms are governed by Portuguese law.

If you have a dispute with the Operator, the parties will first try to resolve it through mediation. For consumers, mediation is available through a Portuguese consumer arbitration centre such as CNIACC (www.arbitragemdeconsumo.org). If mediation does not resolve the dispute, the matter can be brought to the Portuguese courts in Lisbon.

A note on jurisdiction. The Operator is based in Portugal. Choosing Portuguese law and Portuguese courts is a choice the parties make under contract. If you are a consumer protected by the mandatory consumer-protection rules of the country where you live, those rules may still apply to you alongside Portuguese law. Nothing in this section takes away rights you have under the mandatory law of your home country.

Disputes about the attorney's services are separate. Those are governed by the attorney's engagement letter and US bar rules.

Section 18Other

If any part of these terms is unenforceable, the rest still applies. You cannot transfer your rights or obligations under these terms. The Operator may transfer rights and obligations to a successor with notice to you. No waiver of any breach is a waiver of any other breach. These terms are the whole agreement between you and the Operator about ClaimWorks USA.

Section 19Contact

For questions: legal@vbfactory.co.