Terms of Service
By using the OtmenaTicket website, intake forms, and related services (the “Platform”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Platform.
1) What We Are (and Are Not)
- Platform only. OtmenaTicket is not a law firm, does not provide legal advice, and does not practice law. We operate a technology platform that helps you submit your traffic-ticket information and connects you with independent, licensed attorneys (“Independent Attorneys”).
- No attorney-client relationship with us. Any attorney-client relationship forms strictly between you and the Independent Attorney who accepts your matter. We are not a party to that relationship and do not supervise the attorney’s professional judgment.
- Not a referral service or prepaid legal plan. The Platform provides marketing and intake tools. We do not recommend or endorse any specific attorney, and we do not set or control attorneys’ legal fees.
2) How the Service Works
- Website-only intake. You upload your ticket and details on our website. We do not accept submissions via Telegram or other messaging bots.
- Pricing & communication. By default, we send your price quote by SMS. If you select “No SMS,” we will provide pricing without SMS (e.g., by email you provide or within the site flow).
- Attorney handoff. After you approve pricing and complete payment, we transmit your materials to an Independent Attorney. From that point, the attorney is responsible for case handling and outcomes.
3) Payments
- Stripe processor. Payments are processed by Stripe. You authorize charges to the payment method you provide.
- Platform vs. legal fees. Our Platform/service fee is separate from any legal fees owed to an Independent Attorney unless expressly stated at checkout.
- Taxes & chargebacks. You are responsible for any applicable taxes. Unresolved chargebacks may result in suspension of service.
4) Limited Refund Policy (Platform Fee)
Refunds of our Platform/service fee are available only when all conditions below are met:
- Refund-Eligible label. Your matter was explicitly labeled “Refund-Eligible” at checkout.
- Cooperation. You timely provided accurate information, documents, and signatures; appeared or authorized appearances as required; and complied with attorney and court instructions.
- No material improvement. After the attorney completes the matter, the final disposition reflects no material mitigation versus the citation as written, meaning:
- No dismissal, amendment to a non-moving offense, or deferral/diversion;
- No reduction or avoidance of DMV/insurer-reportable consequences where a point system applies (i.e., points were not reduced or avoided);
- No disposition that keeps the violation off your driving record through traffic school / defensive-driving eligibility or a comparable alternative;
- No negotiated outcome materially better than what the court or prosecutor ordinarily offers to an unrepresented driver in similar circumstances in that venue.
- Scope. Any approved refund applies only to the Platform/service fee you paid to us. Attorney fees are governed by your separate agreement with the attorney.
- How to request. Email support@otmenaticket.com within 30 days of the court’s final disposition or the attorney’s written conclusion (whichever occurs first). Include your name, ticket number, jurisdiction, and proof of outcome (e.g., docket/minute order).
- Exclusions (no refund). Ineligible if you: miss a deadline or appearance; pay or plead without the attorney’s advice; provide false/incomplete data; decline a recommended option (e.g., traffic school); incur additional violations/warrants/holds; fail to pay court or attorney fees; or if the cited offense is outside our scope (e.g., DUI or any misdemeanor/felony).
If your matter was not labeled “Refund-Eligible,” all Platform fees are non-refundable.
5) Privacy & Data Use
- Purpose-limited use. Information and documents you upload are used solely to provide the Platform and to transmit your materials to the Independent Attorney.
- No sale of personal data. We do not sell your personal information.
- Cookies. We use cookies only for analytics and performance statistics.
- Security. We apply reasonable safeguards appropriate to our Platform; however, no method of transmission or storage is 100% secure.
6) Communications
- SMS consent. By providing a phone number, you agree to receive SMS related to quotes, updates, and support. Msg & data rates may apply; frequency varies. Opt out anytime by replying STOP.
- Support. Contact us at support@otmenaticket.com.
- Electronic records. You consent to receive records electronically and to e-sign documents.
7) Your Responsibilities
- Provide accurate, complete, and current information; promptly respond to the attorney and court.
- Monitor your case status and deadlines. The Platform is not responsible for missed appearances or late fees.
- Comply with the attorney’s terms and pay any legal fees they disclose to you.
- Use the Platform lawfully; do not upload illegal content, fraudulent documents, or attempt to interfere with the Platform.
8) Scope & Availability
- Service availability varies by jurisdiction. Some courts or states may limit attorney appearances or remote handling.
- We may decline or cancel matters that are out-of-scope (e.g., criminal misdemeanors/felonies, DUI, reckless driving in some jurisdictions) or received too close to a deadline without confirmation.
9) Intellectual Property & License
- The Platform, its content, and trademarks are owned by us or our licensors. You receive a limited, revocable license to access and use the site for its intended purpose.
- By uploading content, you grant us a limited license to host, process, and transmit it to the attorney for your matter.
10) Disclaimers
- No guarantees. Except for the limited refund policy above (when applicable), we do not guarantee any outcome. Results depend on facts, venue, and judicial/prosecutorial discretion.
- Third-party services. We are not responsible for third-party products or services (including Stripe and Independent Attorneys).
- AS IS / AS AVAILABLE. The Platform is provided “as is” and “as available,” without warranties of any kind.
11) Limitation of Liability
- To the fullest extent permitted by law, our aggregate liability for claims arising out of or relating to the Platform shall not exceed the greater of: (a) the Platform fee you paid to us for the matter at issue, or (b) USD $100.
- We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; loss of data; or business interruption.
- Independent Attorneys are solely responsible for legal services provided to you; we are not liable for their acts or omissions.
12) Indemnification
You agree to defend, indemnify, and hold harmless OtmenaTicket and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Platform, your content, or your breach of these Terms.
13) Dispute Resolution; Class Action Waiver
- Informal resolution. Before filing a claim, email support@otmenaticket.com and allow 30 days to try to resolve informally.
- Arbitration. Except for small-claims matters, any dispute between you and us will be resolved by binding individual arbitration administered by JAMS (or a comparable provider) under its rules. The arbitration will occur in Los Angeles County, California, unless we both agree otherwise.
- No class actions. You and we waive any right to participate in class or representative proceedings.
- Injunctive relief. Either party may seek temporary injunctive relief in court to protect IP or confidential information.
14) Miscellaneous
- Governing law. California law governs these Terms, without regard to conflicts of law rules.
- Severability. If any provision is unenforceable, the remainder remains in effect.
- Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in a merger/acquisition.
- Changes. We may update these Terms at any time. Changes are effective when posted.
- Entire agreement. These Terms constitute the entire agreement between you and us regarding the Platform.
- Contact. Questions? Email support@otmenaticket.com.