Terms of Service

Last Updated: May 2, 2026 · Effective Date: May 2, 2026 (v12)

1. Definitions

Specificity rule. Where two or more defined terms might apply to the same person, fact, or output, the most specific definition controls. The category-of-User specificity hierarchy, from most specific to least specific, is: Applicant → Resident → Subscriber → Authorized User → User.

“Applicant” means a natural person whose information is submitted to the Services for tenant-screening or rental-application purposes.

“Consumer Report” has the meaning given in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(d) (“FCRA”), and includes any credit report, credit score, criminal-history report, eviction-history report, and prior-landlord reference verification furnished through the Services. Identity-verification results, income or employment verification, document-authentication results, and similar ancillary data are treated as Consumer Reports only to the extent such information qualifies as a consumer report under FCRA (taking account of the source of the data, the purpose for which it is furnished, and the “collection or evaluation” framing of FCRA § 603(d)).

“Reference Communication” means a structured questionnaire response, message, or other communication transmitted between landlords through the Services for the purpose of reference-checking a prospective Applicant. Reference Communications are exchanged between independent third parties; Lotly is the conduit only and does not author, edit, evaluate, interpret, score, summarize, or otherwise modify the substance of any Reference Communication. For the avoidance of doubt, Reference Communications transmitted through the Services are not created, assembled, or evaluated by Lotly and are not treated as Consumer Reports furnished by Lotly, regardless of whether such communications may independently qualify as a consumer report under applicable law.

“Content” means all text, data, images, software, audio, video, designs, trademarks, logos, and other materials made available on or through the Services.

“CRAs” means the third-party consumer reporting agencies and authorized data providers from which Lotly procures Consumer Report data, currently including TransUnion LLC, One Source Technology, LLC d/b/a Asurint, and Underdog Technologies, Inc. d/b/a Pinwheel, as such list may be updated from time to time.

“Operator Portal” means the Subscriber-facing interface of the Services, used to manage properties, units, lots, leases, tenants, work orders, payments, certified mail, owner statements, infill projects, and other operational workflows.

“Resident” or “Tenant” means a person who occupies, or has applied to occupy, a unit, lot, or property managed by a Subscriber through the Services.

“Subscriber” means a property owner, property manager, operator, real-estate professional, or other authorized user that registers a paid account on the Services for the purpose of operating one or more properties or ordering Consumer Reports.

“Tenant Portal” means the Resident-facing interface of the Services, used to pay rent, submit maintenance requests, message a Subscriber, access lease documents, and similar functions.

“User” means any person who accesses or uses the Services, including without limitation Subscribers, Residents, Applicants, listing-site visitors, marketing-site visitors, and casual visitors.

2. Our Role; What We Are and Are Not

2.1 What Lotly Is

Lotly is a software platform that provides property-management tools to Subscribers and related self-service tools to Residents and Applicants. We are a software vendor and (in connection with consumer reports) a reseller of consumer reports as that term is defined in FCRA § 603(u), 15 U.S.C. § 1681a(u). We assemble and merchandise Consumer Reports procured from third-party CRAs and resell those reports to Subscribers without modifying the substantive information furnished by the originating CRAs.

Lotly’s reseller obligations. Lotly complies with the specific reseller obligations set forth in FCRA, including without limitation: (a) the obligation under 15 U.S.C. § 1681b(e) and 15 U.S.C. § 1681e(e) to maintain end-user certifications of permissible purpose and to take reasonable measures to ensure that resold Consumer Reports are used only for the purposes certified; (b) the obligation under 15 U.S.C. § 1681e(a) to maintain reasonable procedures designed to avoid the furnishing of Consumer Reports for impermissible purposes; (c) the obligation under 15 U.S.C. § 1681i(f) to forward consumer disputes to the originating CRA within five (5) business days of receipt; and (d) the obligation to identify, on request, the originating CRA whose data appears in any resold Consumer Report. Subscribers, not Lotly, are end users under FCRA except where Lotly is the actual user of a Consumer Report (for example, where Lotly procures a Consumer Report on its own employees or vendors).

2.2 What Lotly Is Not

Lotly is not a real-estate broker, broker-dealer, real-estate agent, real-estate licensee, landlord, property manager, leasing agent, rental agent, escrow agent, attorney, mortgage broker, lender, accountant, financial advisor, tax preparer, or insurance agent. We do not own, manage, or have any possessory or ownership interest in any property listed by, managed through, or screened by any Subscriber. We do not hold any party’s funds in trust, do not act as an escrow agent, and do not guarantee the performance of any party’s obligations under any lease or other agreement. No agency, partnership, joint-venture, or fiduciary relationship arises between Lotly and any User by reason of these Terms or the Services. Lotly does not owe any fiduciary, advisory, or duty-of-care obligations to any User with respect to tenancy decisions or screening outcomes.

2.3 Subscriber Is the Decision-Maker

The Subscriber that operates a property and orders services through the Services is the “end user” under FCRA and is the decision-maker for all rental, leasing, eviction, maintenance, accounting, and operational matters concerning the properties on its account. The Subscriber, not Lotly, certifies the permissible purpose of any consumer report, evaluates the report, sets screening criteria, makes tenancy decisions, and bears the FCRA obligations of an end user, including the obligation to deliver adverse-action notices under FCRA § 615 where applicable. Lotly does not approve, deny, condition, or otherwise determine the eligibility of any Applicant for any rental opportunity.

No eligibility determinations by Lotly. Lotly does not make, and does not participate in, any eligibility determination regarding any Applicant or Resident, including without limitation approval, denial, conditional approval, deposit amount, or lease terms. All such determinations are made solely by the Subscriber. Subscribers may adopt their own screening, leasing, and operational policies, which are independent of and not controlled by Lotly.

2.4 Transmission of Third-Party Data

The substantive contents of every Consumer Report — including credit data, criminal-record data, housing-court data, identity-verification results, and income-verification results — are furnished by third-party CRAs and public-record sources. The Services transmit, display, organize, and surface this data. Lotly does not generate independent creditworthiness determinations, consumer-facing risk scores, tenancy recommendations, or substitute judgments about any Applicant, and does not alter the substantive content of any Consumer Report.

Display-organization safe harbor. The Services may sort, group, filter, highlight, label, categorize, badge, and otherwise present CRA-furnished data and Reference Communications through the user interface. These display-organization features are presentation conveniences for the Subscriber’s own review and shall not be construed as analysis, evaluation, classification, interpretation, scoring, summarization, or modification of the underlying data. Such organizational features are mechanical, non-substantive data presentation functions and do not reflect any judgment, inference, or interpretation by Lotly. Reformatting, pagination, organization, presentation styling, the addition of identifying headers, tables of contents, page numbers, dates, similar procedural metadata, neutral category labels (for example, “Criminal,” “Eviction,” “Credit” tab labels reflecting the data’s native source), the secure caching of the data for delivery, and other technical handling required to operate the Services, are not modifications of the Consumer Report.

Neutral-platform principle. Lotly provides a neutral platform that transmits Consumer Reports furnished by third-party CRAs and that facilitates communication between landlords for reference-checking purposes. Lotly does not participate in or contribute to tenancy determinations.

No automated decisioning system. Lotly does not operate, provide, or make available any automated decision-making system, tenant-screening model, or algorithm that produces an approval, denial, recommendation, risk score, or eligibility determination regarding any Applicant. Lotly does not produce, and does not offer, any tenant rating, applicant suitability indicator, approval likelihood, risk classification, summary judgment, or comparable derived output of its own.

Third-party data latency. Data furnished through the Services may be delayed, incomplete, or outdated. The freshness, completeness, and accuracy of CRA-furnished data and Reference Communications depend on the originating CRA, public-record source, or responding prior landlord, not on Lotly.

2.5 Disputes

If an Applicant or other consumer disputes the accuracy or completeness of information in a Consumer Report furnished through the Services, we will (a) accept the dispute through our published dispute channel, (b) forward the dispute to the originating CRA promptly and in any event within five (5) business days as required by FCRA § 1681i(f)(2), and (c) deliver any updated information returned by the CRA. Lotly does not evaluate the merits of any dispute, does not make any determination regarding accuracy, does not investigate the accuracy of underlying data, does not adjudicate disputes, does not modify reports, and does not substitute its judgment for that of the originating CRA. Reinvestigation, modification, and removal of disputed information are functions reserved to the originating CRA under FCRA § 1681i. Lotly has no duty to reinvestigate, verify, supplement, or correct any Consumer Report data and expressly disclaims any such obligation, except for the limited forwarding obligation set forth in FCRA § 1681i(f)(2) and described above.

2.6 Marketing-Site Resources

Lotly publishes blog articles, a glossary, calculators, state-by-state legal-information pages, comparison pages, an industry data hub, and similar resources at lotly.ai. These resources are informational only and do not constitute legal, financial, tax, accounting, real-estate, or other professional advice. They are not a substitute for qualified counsel or for your own diligence. State-by-state pages reflect general descriptions of certain laws as of the date stated on each page, are not exhaustive, and should not be relied on without verification against current statute and applicable case law. These marketing-site resources are not directed at, and have no effect on, any individual Applicant’s tenancy review.

2.7 No Endorsement

Our acceptance of a Subscriber’s account is not an endorsement, recommendation, or guarantee of the legitimacy of any property, listing, person, or business. We use commercially reasonable Subscriber-credentialing procedures, but we cannot and do not guarantee that every User is who they say they are. Residents, Applicants, and listing-site visitors should independently verify the legitimacy of any rental opportunity before transmitting funds, signing a lease, or providing additional personal information off-platform.

2.8 No Duty to Monitor (Subject to Statutory Carveouts)

Except to the extent expressly required by FCRA, applicable consumer-reporting law, our agreements with the CRAs, or other Applicable Law, we have no obligation to monitor, verify, evaluate, or continuously police any User, listing, communication, transaction, or activity on the Services. The availability of any feature or tool within the Services does not create any duty on the part of Lotly to monitor, evaluate, or prevent any specific conduct or outcome. Our use of automated tools, fraud-screening signals, identity-verification checks, or human review at onboarding or otherwise does not (a) create a duty of care to any User or third party that we will detect or prevent any specific misconduct, (b) constitute an undertaking to identify discriminatory, fraudulent, unlawful, or otherwise problematic conduct, or (c) shift to us any liability that would otherwise fall on the User responsible for the conduct.

Right to act vs. duty to act. The right reserved by Lotly under Sections 5.3 and 5.4 to suspend access, share information with regulators, or cooperate with law-enforcement and CRA inquiries is a discretionary right, not a duty owed to any User; Lotly’s exercise (or non-exercise) of those rights does not constitute monitoring within the meaning of this Section and does not create any expanded duty under this Section. Cooperation, suspension, information-sharing, and enforcement actions described in these Terms do not constitute monitoring, screening, oversight, gatekeeping, or content-curation obligations of Lotly. Conversely, nothing in this Section limits or conflicts with the affirmative dispute-handling, recordkeeping, certification, identity-verification, Disposal-Rule, and reseller-forwarding obligations described elsewhere in these Terms or imposed by Applicable Law.

3. The Services

The Services include the following categories of features. Specific features may be added, modified, suspended, or removed at any time in our discretion.

3.1 Property Management Software (Operator Portal)

A web-based platform that lets Subscribers manage properties, units, lots, leases, tenants, applicants, work orders, vendor relationships, infill projects, owner statements, accounting and bookkeeping workflows, certified-mail correspondence, document storage, e-signature, communications, and similar operational tasks.

3.2 Tenant Portal

A web and mobile interface used by Residents to pay rent, submit and track maintenance requests, message the Subscriber’s on-site team, access lease documents and notices, manage payment methods, and similar self-service activities.

3.3 Tenant Screening & Background Checks

Through our reseller relationships with the CRAs, we make Consumer Reports available to Subscribers in connection with bona-fide rental-application decisions. Screening features include credit reports, criminal-background checks, eviction-history checks, identity verification, income verification (including via Pinwheel), and prior-landlord reference verification. See Section 5 for use restrictions.

3.4 Online Rent Collection & Payment Processing

Through third-party payment processors (currently Stax Payments, Accept Blue, and Plaid, as such list may be updated), the Services accept rent and other payments via ACH, debit card, and credit card. Lotly does not hold funds; funds are processed and held by the applicable processor in accordance with that processor’s terms and applicable law. Lotly is not a money transmitter, money services business, or bank, and does not provide deposit, lending, or escrow services.

3.5 Listings Sites

Per-Subscriber public listings websites display the Subscriber’s available properties, units, and lots and accept rental applications routed back to the Subscriber. Listings content is supplied by Subscribers and is the Subscriber’s sole responsibility. Lotly does not endorse, verify, or warrant any listing.

3.6 Marketing-Site Resources

The lotly.ai marketing site offers blog articles, a glossary of mobile-home-park and property-management terms, free calculators (cap rate, NOI, lot rent, affordability, late fee, submetering, acquisition ROI, park valuation, and others), state-by-state legal-information pages, comparison pages, and an industry data hub. As described in Section 2.6, these are informational only.

3.7 Newsletter and Email Communications

Subscribers, Applicants, Residents, and visitors who provide an email address may receive transactional, operational, and (where consented) marketing emails from Lotly. See Section 8.

3.8 Reference Communication Tool

The Services include a structured-questionnaire tool that allows a Subscriber-landlord to send a reference questionnaire to a prior landlord and to receive that prior landlord’s written responses through the platform. The tool is a passive conduit. Lotly does not author, edit, evaluate, interpret, score, summarize, or otherwise modify the substance of any landlord’s reference response. See Section 11 for the full Reference Communication Tool disclaimer.

3.9 APIs and Integrations

Lotly may make APIs available to Subscribers and authorized integrators. API access is governed by these Terms, the Master Subscriber Agreement, and any separate API addendum executed with Lotly. Unauthorized API use, scraping, or automated extraction is prohibited.

4. Eligibility & Accounts

4.1 Eligibility

The Services are available only to persons who are at least eighteen (18) years of age (or the age of majority in the state where the User resides, whichever is greater) and who have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these requirements. We do not knowingly collect information from, or provide Services to, persons under thirteen (13) years of age. If you become aware that a person under thirteen has provided information through the Services, please contact us at Contact@Lotly.ai so we can remove the information.

4.2 Account Registration; Identity Verification

To order Consumer Reports, collect rent, list units, or access certain features, you must register an account, complete identity-verification and credentialing procedures (which, for Subscribers, may include verification of business documentation, ownership or management authority over a property, government-issued identification, physical-location verification, professional licensing review, beneficial-ownership disclosure, and review of third-party business listings), and provide accurate, current, and complete information. You agree to update your information to keep it accurate, current, and complete. We may, at any time and in our sole discretion, refuse registration, require additional documentation, suspend or terminate an account, or revoke account credentials.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including any one-time codes (“OTPs”) used for authentication. You agree (a) to keep credentials confidential, (b) not to share, sell, lend, or otherwise transfer credentials, (c) to immediately notify us at Contact@Lotly.ai of any unauthorized use, suspected compromise, or security incident, and (d) to ensure that you log out of the Services at the end of each session on a shared or unsecured device. You are responsible for all activity occurring under your account, whether authorized or not, and you agree that we may rely on instructions received from your account credentials as having come from you. To the maximum extent permitted by law, Lotly is not liable for losses arising from unauthorized access to your account where the unauthorized access is the result of conduct in or about your control of credentials.

4.4 No Automated Access; No Resale

Except as expressly authorized through a written API agreement, you may not (a) access or use the Services through any automated means, including bots, scrapers, crawlers, or scripts; (b) bulk-extract, aggregate, or systematically retrieve data from the Services; (c) resell, sublicense, lease, distribute, or otherwise transfer access to the Services; or (d) use the Services to provide a competing or substantially similar service.

5. FCRA Permissible Purpose & Screening Use

5.1 FCRA Permissible Purpose

Consumer Reports are regulated by the FCRA and analogous state laws. You may request and use Consumer Reports through the Services only in connection with a bona fide tenancy-screening decision involving an Applicant who has provided written authorization, and for no other purpose. Each request for a Consumer Report constitutes a separate certification by you that:

1. you have a permissible purpose under FCRA § 604;
2. you have obtained the Applicant’s written authorization to procure the Consumer Report;
3. you will use the Consumer Report only for the certified permissible purpose;
4. you will not retain, store, redistribute, or share the Consumer Report for any other purpose, except to the extent reasonably necessary for FCRA § 1681c recordkeeping, the Federal Trade Commission Disposal Rule (16 C.F.R. Part 682), audit, accounting, dispute-resolution, or litigation-hold obligations, or reasonable internal reference during the duration of any executed tenancy that resulted from the Consumer Report;
5. you will deliver any FCRA § 615 adverse-action notice required by your decision; and
6. you will comply with the Federal Trade Commission Disposal Rule and analogous state law on secure disposal.

5.2 FCRA Penalty Notice

Federal Law Warning. Pursuant to 15 U.S.C. § 1681q, any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18 of the United States Code, imprisoned for not more than two years, or both.

5.3 Suspension for Suspected Misuse

We reserve the right, in our sole discretion and without liability to you, to suspend, restrict, or terminate access to the Services where we reasonably suspect — even in the absence of definitive proof — the absence of a permissible purpose, the misuse of Consumer Reports, the falsification of certifications, or any other violation of FCRA, applicable state law, or our agreements with the CRAs. We may share supporting information with the affected CRA, the Consumer Financial Protection Bureau, the Federal Trade Commission, applicable state attorneys general, and law enforcement as we believe in good faith is necessary or appropriate.

5.4 Regulatory Cooperation

Lotly cooperates with federal, state, and local regulators in connection with the Services and the consumer-reporting industry, including without limitation the Consumer Financial Protection Bureau, the Federal Trade Commission, state attorneys general, state banking and housing regulators, and applicable law-enforcement agencies. By using the Services, you acknowledge and agree that Lotly may, in its sole discretion and as it believes in good faith is reasonably necessary or appropriate:

• respond to subpoenas, civil investigative demands, regulator inquiries, audit letters, examination requests, and other lawful demands;
• cooperate with FCRA-related, FHA-related, TCPA-related, ECOA-related, CCPA/CPRA-related, and analogous state-law investigations;
• share information about User accounts, certifications, transactions, and conduct with the affected CRA, payment processor, or regulator where the activity raises a permissible-purpose, consumer-protection, fair-housing, anti-fraud, or compliance concern;
• preserve records on legal hold;
• suspend, restrict, or terminate access to the Services as described in Section 5.3 and Section 21.3; and
• provide reasonable cooperation with periodic CRA, payment-processor, or regulator audits.

Where compelled to disclose User information by law, Lotly will, to the extent legally permitted, provide the affected User reasonable notice and opportunity to seek a protective order or analogous relief.

5.5 State-Specific Screening Disclosures

Several states impose additional screening obligations on Subscribers, including without limitation:

• California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code § 1786 et seq.), including the “check-the-box” right to receive a free copy of any investigative consumer report;
• New York Fair Chance Housing Act and related New York City and state limitations on criminal-history screening;
• Illinois Just Housing Amendment to the Cook County Human Rights Ordinance and any successor or analogous state law;
• Washington Fair Tenant Screening Act (Ch. 59.18 RCW);
• Colorado, Oregon, Minnesota, New Jersey, Connecticut, and Massachusetts screening-fee caps, look-back limitations, source-of-income protections, and disclosure obligations.

The foregoing list is illustrative, not exhaustive. Subscribers are solely responsible for compliance with all federal, state, and local laws applicable to their use of the Services. Lotly does not warrant that use of the Services is lawful in any specific jurisdiction; that determination is the Subscriber’s alone. Use of the Services does not ensure compliance with any law or regulation.

5.6 Subscriber as Independent Data Controller; Role Allocation

For personal information that a Subscriber accesses, processes, or uses through the Services for tenancy decisions, Subscriber is the independent controller (or the equivalent term under applicable state privacy law). Subscriber determines the purposes and means of its own processing, sets its own retention schedule (subject to FCRA and the Disposal Rule), responds to its own consumer-rights requests under CCPA/CPRA, VCDPA, CPA, CTDPA, UCPA, TDPSA, OCPA, MTCDPA, ICDPA, INCDPA, TIPA, DPDPA, NJDPA, and analogous state privacy laws to the extent applicable to Subscriber, and bears all data-controller obligations imposed by Applicable Law on the Subscriber’s processing.

Lotly’s role with respect to such personal information varies by function: (a) where Lotly handles personal information on the Subscriber’s behalf to deliver the contracted Services (for example, hosting, transmission, storage, and Subscriber-directed processing), Lotly is a service provider, processor, or contractor as those terms are defined under the applicable state privacy law and acts only on Subscriber’s documented instructions, as further described in the Master Subscriber Agreement and any Data Processing Addendum; (b) for Lotly’s own operational, security, anti-fraud, audit, billing, telemetry, and platform-improvement processing, Lotly may act as an independent business or controller with respect to that limited processing; and (c) for any joint determination of purposes or means, the parties may be joint controllers only to the extent and within the scope expressly described in the Master Subscriber Agreement or a separately executed joint-controller addendum. Nothing in these Terms reclassifies Lotly as a controller of personal information processed at the Subscriber’s direction for tenancy decisions.

6. Fair Housing & Anti-Discrimination

6.1 Subscriber Decision Responsibility

The Subscriber is solely responsible for (a) all tenancy and leasing decisions made in reliance on or in connection with the Services; (b) compliance with the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., the Americans with Disabilities Act, the federal Servicemembers Civil Relief Act, and all state, county, and municipal fair-housing, fair-chance-housing, source-of-income, criminal-history-screening, eviction-record-reporting, and anti-discrimination laws applicable to the Subscriber and the property; (c) the timely and accurate delivery of all adverse-action notices required by FCRA § 615 and applicable state law; and (d) maintaining written, objective tenant-screening criteria that are applied consistently to every Applicant.

No legal advice on tenant selection. Lotly does not provide legal advice regarding tenant-selection criteria, screening procedures, adverse-action obligations, fair-housing compliance, or any other tenancy or compliance decision. Any informational content published by Lotly (including state guides, glossary entries, blog articles, and similar resources) is general educational reference only and does not constitute the practice of law or the provision of legal counsel to any Subscriber, Applicant, Resident, or other User. Subscribers should consult qualified counsel licensed in the relevant jurisdiction before adopting, modifying, or applying any screening or tenancy criterion.

6.2 Anti-Discrimination Disclaimer

The Services are intended to be used in compliance with all federal, state, and local laws prohibiting discrimination on the basis of race, color, national origin, religion, sex (including pregnancy, gender identity, and sexual orientation), familial status, disability, age, marital status, source of income, lawful occupation, ancestry, military or veteran status, criminal history beyond what is permitted by applicable law, or any other characteristic protected by law. We do not endorse, condone, or assist in any discriminatory use of the Services. Any feature of the Services that surfaces, displays, or organizes Consumer Report data does so on a passive, non-evaluative basis to support the Subscriber’s own objective, criteria-based screening process; no such feature is a substitute for the Subscriber’s independent judgment, and no such feature absolves the Subscriber of any obligation to apply screening criteria in a non-discriminatory manner consistent with HUD guidance, including the April 4, 2016 HUD Office of General Counsel guidance on the use of criminal-history screening.

6.3 Reasonable Accommodation

Subscribers are responsible for evaluating and granting any reasonable accommodation or reasonable modification request from an Applicant or Resident with a disability, in accordance with the Fair Housing Act and analogous state and local law. Lotly does not adjudicate accommodation requests or determine whether any specific accommodation is reasonable.

7. Payments & Fees

7.1 Pricing

Pricing for the Services is presented within the Services and on the Lotly website. Per-lot, per-property, transactional, and subscription pricing models may apply. Pricing for any specific plan, à la carte add-on, or rush surcharge is the price displayed at the time of order. Subscriber-specific pricing is governed by the Master Subscriber Agreement and any executed Order Form. We may change pricing on not less than thirty (30) days’ prior notice for non-promotional, non-pass-through changes; pass-through changes from CRAs, payment processors, or other third-party providers, and changes required by law, may be effective immediately upon posting.

7.2 Payment Authorization

You authorize us, our payment processor (currently Stax Payments and Accept Blue), and any successor processor to charge your designated payment method for all amounts owed at the time of each transaction, plus any applicable taxes, interchange, processing fees, and surcharges. You represent that you are authorized to use the payment method, and you agree to keep payment information accurate and current.

7.3 Non-Refundable Fees

Fees paid for the Services are non-refundable except where required by applicable law or as specifically provided in writing. Consumer Reports, once generated, are non-returnable. Subscriptions are non-refundable for partial months, partial periods, or unused functionality. Refunds are not available based on the substantive contents of a Consumer Report (for example, the presence of negative information about an Applicant), an Applicant’s subsequent withdrawal, or a Subscriber’s subsequent decision not to lease.

7.4 Resident Payments

Residents who use the Tenant Portal to pay rent or other amounts authorize the applicable payment processor to debit their selected payment method for the displayed amount. Convenience fees, surcharges, and processor fees may apply and are disclosed at the time of the transaction. Payments are processed by the applicable third-party payment processor, not by Lotly. At no time does Lotly take custody, possession, or control of funds. Lotly does not hold, route, settle, disburse, escrow, or otherwise take title to any payment made through the Services; all such functions are performed by the applicable third-party payment processor under its own merchant or money-transmission authority.

7.5 Failed Payments; Late Fees

If a payment fails, is reversed, or is charged back, you remain liable for the full amount, plus any reasonable returned-payment fees imposed by the processor or by applicable law. Subscribers may charge late fees to Residents only as permitted by the lease and applicable state and local law.

7.6 Payment Disputes Are Between User and Processor

Lotly is not a party to any payment, refund, chargeback, or settlement transaction processed through a third-party payment processor. All disputes regarding the authorization, processing, settlement, refund, reversal, or chargeback of any payment are between the paying User, the receiving Subscriber, and the applicable third-party payment processor (currently Stax Payments, Accept Blue, or Plaid). Lotly is not liable for, and disclaims responsibility for, any payment dispute, processor downtime, processor decision, processor fee, processor reserve, processor hold, or processor termination. Lotly may assist with information requests where reasonably possible, but Lotly does not adjudicate, mediate, or guarantee the outcome of any payment dispute. The only Lotly fees subject to refund or dispute are Lotly platform fees billed by Lotly directly, and only as expressly provided in Section 7.3.

7.7 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, value-added, or similar taxes imposed on the Services, except for taxes based on Lotly’s net income.

8. SMS & Email Consent (TCPA / CAN-SPAM)

8.1 SMS Consent (Telephone Consumer Protection Act)

If you provide a mobile phone number to Lotly or to any Subscriber via the Services, you expressly consent to receive recurring transactional, operational, and (where opted in) marketing text messages from Lotly and the applicable Subscriber, including messages sent using an automatic telephone dialing system (“ATDS”), an artificial or prerecorded voice, or a software-based messaging platform that may otherwise constitute the use of an ATDS or artificial voice as those terms are used in the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Such messages may include without limitation rent reminders, payment confirmations, maintenance updates, application status, lease notices, two-factor authentication codes, and customer-service messages.

Message and data rates may apply. Message frequency varies. Reply HELP for help and STOP to opt out of marketing text messages; transactional and operational messages necessary to deliver the Services may continue. Consent to receive autodialed or artificial-voice marketing messages is not a condition of any purchase or use of the Services.

8.1.1 Subscribers Sending SMS Through the Platform

Where a Subscriber uses the Services to send SMS or other electronic communications to Residents, Applicants, prospective tenants, vendors, or other third parties, the Subscriber is the sender of those communications and is solely responsible for TCPA, CAN-SPAM, and state-law compliance with respect to those communications. Lotly does not initiate any communication and does not determine the content, timing, frequency, recipients, or triggering events of any message sent through the Services. The Subscriber, not Lotly, determines all such elements; Lotly acts solely as transmission infrastructure that delivers communications composed and dispatched at the Subscriber’s direction. Standardized templates, scheduling tools, automation rules, default sequences, and similar features that Lotly may make available are configured, selected, edited, activated, and approved by the Subscriber; the Subscriber is the “maker,” “initiator,” “sender,” and (where applicable) “seller” of any resulting message for purposes of the TCPA, the federal Telemarketing Sales Rule, and analogous state law. Subscriber represents and warrants that, before sending any communication through the Services, Subscriber has obtained all consents required by Applicable Law from each recipient, including without limitation prior express written consent for marketing messages sent using an ATDS or artificial or prerecorded voice. Subscriber will indemnify and hold Lotly harmless from any TCPA, CAN-SPAM, or state-communications-law claim arising from Subscriber’s communications, as further described in Section 20.

8.2 Email Consent (CAN-SPAM)

By providing an email address through the Services, you consent to receive transactional and operational emails from Lotly. Where you opt in (for example, by submitting a calculator form, subscribing to the newsletter, or otherwise affirmatively opting in), you also consent to receive marketing emails from Lotly. Every marketing email contains a one-click unsubscribe link, our physical mailing address, and identifies Lotly as the sender, in accordance with the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq., and applicable state law.

8.3 Operational Communications

Operational and transactional communications — including security alerts, account-status notices, billing notices, dispute-related correspondence, legal notices, and similar messages necessary to operate the Services or comply with law — are not marketing and may be sent regardless of marketing-opt-out status.

8.4 Voice Calls and Call Recording (Two-Party Consent)

Some features of the Services may enable Subscribers to place outbound calls, receive inbound calls, route voicemail, or interact with voice-agent / interactive-voice-response functionality through third-party telecommunications providers. Subscribers are solely responsible for compliance with all federal and state laws governing the recording, monitoring, or interception of voice communications, including the federal Wiretap Act, 18 U.S.C. § 2511, and state two-party-consent statutes in California (Cal. Penal Code § 632), Florida (Fla. Stat. § 934.03), Illinois (720 ILCS 5/14-2), Maryland (Md. Code Ann., Cts. & Jud. Proc. § 10-402), Massachusetts (M.G.L. ch. 272 § 99), Montana (Mont. Code Ann. § 45-8-213), Nevada (NRS § 200.620), New Hampshire (N.H. RSA 570-A:2), Pennsylvania (18 Pa. C.S. § 5703-04), Washington (RCW § 9.73.030), and analogous laws in other states. Where Applicable Law requires, Subscriber will obtain all required consents (and provide all required disclosures) from each call participant before any recording or monitoring is initiated. Lotly is a tooling vendor; Subscriber is the party making, receiving, and (where applicable) recording the call, and bears all liability for any failure to obtain required consent.

9. User Content; Communications Decency Act § 230

Subscribers, Residents, Applicants, and other Users are solely responsible for any listings, property descriptions, photographs, communications, references, applicant information, decision narratives, comments, reviews, or other content they submit, post, transmit, or otherwise make available through the Services (“User Content”). We are an interactive computer service provider as that term is used in 47 U.S.C. § 230 (the federal Communications Decency Act) and intend to avail ourselves of the protections afforded thereunder. To the fullest extent permitted by law, we disclaim all liability arising from or relating to User Content under 47 U.S.C. § 230(c)(1) (treatment of publisher or speaker) and § 230(c)(2) (good-faith content moderation), and the parties agree that we are not the “publisher or speaker” of any information provided by another information content provider. We do not author, edit, endorse, or adopt User Content, and we are not responsible or liable for the accuracy, legality, decency, non-infringement, or fitness of any User Content. Lotly does not materially contribute to the creation or development of User Content and does not solicit, require, or induce unlawful or defamatory content. We may, but have no obligation to, remove, refuse, or restrict any User Content for any reason in our sole discretion, and any such action constitutes good-faith moderation under § 230(c)(2).

10. Prohibited Activities

You agree not to do, and not to permit any third party using your account to do, any of the following:

• access or use the Services through bots, scrapers, crawlers, scripts, or other automated means, except as expressly permitted by a written API agreement;
• bulk-extract, aggregate, scrape, or systematically retrieve data from the Services;
• copy, download, store, redistribute, or create a database of Consumer Reports or Reference Communications, except as expressly permitted under FCRA and these Terms;
• resell, sublicense, lease, distribute, or otherwise transfer access to the Services;
• use the Services to provide a competing or substantially similar service;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services, except to the limited extent expressly required by applicable law;
• circumvent or attempt to circumvent any access control, rate limit, or security measure;
• use the Services to violate any law, including FCRA, FHA, ECOA, ADA, TCPA, CAN-SPAM, COPPA, ESIGN, the Computer Fraud and Abuse Act, or any state or local equivalent;
• impersonate any person or entity, falsify identity-verification documents, or misrepresent your authority over a property;
• upload, post, or transmit any content that is unlawful, defamatory, deceptive, threatening, harassing, obscene, or that infringes the intellectual-property or privacy rights of any person;
• upload malicious code, malware, viruses, or any code designed to interfere with the Services;
• use the Services in a manner that imposes an unreasonable or disproportionately large load on our infrastructure;
• access another User’s account or attempt to do so;
• collect, harvest, or solicit personal information from any User;
• solicit funds, transmit chain letters, conduct sweepstakes or contests, or send unsolicited bulk communications through the Services without our express written consent;
• use Lotly’s name, logo, trademarks, or trade dress without written permission, including in metadata, ads, or domain names;
• misuse the Services in any way that violates the rights of any third party.

11. Reference Communication Tool

11.1 Role of the Reference Communication Tool

The Services include a structured-questionnaire feature (the “Reference Communication Tool”) that enables a Subscriber-landlord to transmit a reference questionnaire to a prior landlord identified by an Applicant, and to receive the prior landlord’s written responses through the platform. Reference responses are exchanged between independent third parties — the requesting Subscriber and the responding prior landlord. The Reference Communication Tool is a communications utility and not a screening, evaluation, or decision-making product of Lotly. Lotly does not generate independent assessments, scores, ratings, recommendations, or eligibility determinations from any Reference Communication; the substance of any reference response is the speech of the responding prior landlord, not the speech of Lotly. The Subscriber receives the prior landlord’s written responses as written and is solely responsible for reading, weighing, and deciding what to do with them. Display-organization features described in Section 2.4 apply equally to Reference Communications.

11.2 Reserved

The substance of this Section has been consolidated into Sections 11.1 and 11.6.

11.3 Lotly Does Not Verify Reference Communications

Lotly does not verify the identity of, the relationship of, the truthfulness of, or the accuracy of any statement made by, any prior landlord who responds through the Reference Communication Tool. The accuracy, completeness, and reliability of statements made by any prior landlord are the responsibility of that prior landlord, not Lotly. Lotly makes no representation or warranty that any reference response is accurate, complete, current, free from bias, or fit for any particular purpose. The Subscriber is solely responsible for forming its own judgment about the credibility and weight to give any reference response, including by independently corroborating any statement before relying on it.

11.4 Reference Communications Are Not Consumer Reports Furnished by Lotly

A reference response transmitted through the Reference Communication Tool is the statement of the responding prior landlord. Lotly transmits the response without modification of substance and does not assemble, evaluate, or generate it. Where any reference response (alone or combined with other information) constitutes a “consumer report” under FCRA § 603(d) or analogous state law, the originating consumer reporting agency, if any, is the prior landlord and any third-party CRA that furnished underlying data, not Lotly. Lotly’s role is limited to that of a reseller and conduit as described in Sections 2.1 and 2.4. Lotly does not combine, correlate, merge, or synthesize Reference Communications with Consumer Reports, public-record data, or any other data to produce any unified profile, evaluation, scoring, or output, and any such combination, if performed, is performed solely by the Subscriber.

No § 1681e(b) accuracy procedures for Reference Communications. Because Reference Communications are not Consumer Reports furnished by Lotly, Lotly does not maintain procedures intended to assure maximum possible accuracy of Reference Communications under FCRA § 1681e(b) or analogous state law, and assumes no consumer-reporting-agency function with respect to such communications. Lotly’s reseller-level § 1681e(b) and § 1681e(a) procedures are directed only to Consumer Reports furnished through the reseller arrangement with third-party CRAs, as described in Section 2.1.

11.5 Subscriber Decision-Making

The Subscriber, not Lotly, makes all tenancy decisions (including approval, denial, conditional approval, deposit-setting, and co-signer requirements), eviction decisions, lease-renewal decisions, and other adverse actions against an Applicant or Resident. All such decisions must be based on the Subscriber’s own written, objective screening or operational criteria applied consistently. Lotly does not participate in or contribute to tenancy determinations.

11.6 Third-Party Statements; Accuracy and Reputational Harm

Reference responses are statements authored by independent third-party prior landlords. Lotly does not create, select, edit, rank, amplify, or endorse specific Reference Communications beyond providing neutral transmission infrastructure. To the maximum extent permitted by Applicable Law, Lotly disclaims liability for the accuracy, completeness, currency, lawfulness, or character of any statement contained in any Reference Communication, and disclaims liability for defamation, libel, slander, false light, intentional infliction of emotional distress, intrusion upon seclusion, intentional misrepresentation, negligent misrepresentation, or other reputational, dignitary, or emotional harm arising from any statement contained in any Reference Communication. The responding prior landlord is solely responsible for the content of its responses; the receiving Subscriber is solely responsible for reading and acting on any response, including for ensuring that any communication or decision based in whole or in part on a reference response is accurate, lawful, and consistent with the Subscriber’s independent judgment, screening criteria, and applicable adverse-action obligations.

11.7 No Training on Subscriber, Applicant, Resident, or Reference Data

Lotly does not use Reference Communications, Customer Data, Applicant data, or Resident-supplied data to train consumer-facing or general-purpose machine-learning or large-language-model systems — including, without limitation, by way of embeddings, vector representations, retrieval-augmented generation, or similar derived representations — except where embeddings, vector representations, or similar representations are generated and used solely for retrieval, search, deduplication, or similar operational functions within the same Subscriber account or customer context, and not used to train cross-customer or general-purpose models. Lotly does not produce any analytical, derivative, or decisioning output from such data, except for internal operational, security, fraud-prevention, abuse-detection, billing, audit, recordkeeping, system-integrity, and legal-compliance purposes that do not produce consumer-facing scores, ratings, recommendations, or eligibility determinations. Where third-party subprocessors or operational vendors (for example, document-handling, transcription, or infrastructure providers) are used in connection with the Services, Lotly procures those services under data-protection terms that prohibit the subprocessor or vendor from using inputs to train consumer-facing or general-purpose foundation models and that bind the subprocessor to confidentiality and use-limitation obligations consistent with these Terms. Lotly may use de-identified, aggregated operational metrics derived from usage of the Services to operate, debug, and maintain platform features on a privacy-preserving basis as described in the Privacy Policy.

11.8 Acceptable Use of the Reference Communication Tool

Subscribers will use the Reference Communication Tool only to seek bona fide rental references in connection with a permissible-purpose tenancy review under FCRA. Subscribers will not request, transmit, or solicit information through the Reference Communication Tool that violates FCRA, the Fair Housing Act, the Equal Credit Opportunity Act, applicable state and local fair-housing or fair-chance-housing laws, applicable anti-discrimination laws, or applicable consumer-privacy laws (including CCPA/CPRA, VCDPA, CPA, CTDPA, UCPA, TDPSA, OCPA, MTCDPA, ICDPA, INCDPA, TIPA, DPDPA, NJDPA, and analogous statutes). Subscribers shall not solicit or encourage false, misleading, or defamatory statements through the Reference Communication Tool, and shall not use any reference response in a manner that violates state or local restrictions on the use of prior-tenancy information. Subscribers will not represent any reference response as a Lotly evaluation, Lotly recommendation, or Lotly Consumer Report to any third party.

12. Intellectual Property

12.1 Lotly IP

The Services, including all software, content, designs, trademarks, logos, trade dress, and other materials, are the property of Lotly and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely as permitted by these Terms. All rights not expressly granted are reserved.

12.2 Feedback

If you provide suggestions, comments, ideas, or other feedback about the Services (“Feedback”), you grant Lotly a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution.

12.3 User Content License

You retain ownership of any User Content you submit. By submitting User Content, you grant Lotly a worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to host, store, reproduce, transmit, display, perform, modify, and create derivative works of the User Content solely as necessary to operate, improve, and provide the Services. The license granted in this Section does not authorize Lotly to alter the substantive meaning of any Reference Communication or any other User Content authored by a User; the “modify” and “create derivative works” rights are limited to operational reformatting, transcoding, indexing, redaction required by Applicable Law, and similar non-substantive technical handling. You represent and warrant that you have all rights necessary to grant this license, including all rights, releases, and consents from third parties depicted or referenced in the User Content.

13. Privacy & Data Retention

13.1 Privacy Policy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we comply with the California Consumer Privacy Act and California Privacy Rights Act (“CCPA/CPRA”), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Montana Consumer Data Privacy Act, the Iowa Consumer Data Protection Act, the Indiana Consumer Data Protection Act, the Tennessee Information Protection Act, the Delaware Personal Data Privacy Act, the New Jersey Data Protection Act, and other applicable state privacy laws.

13.2 Retention Schedule

Lotly retains personal information, Customer Data, and Consumer Reports in accordance with the retention schedule set forth in the Privacy Policy and Lotly’s internal data-retention policy. The schedule reflects, without limitation:

• Account information: retained for the duration of the account plus a reasonable period thereafter for audit, dispute-resolution, and recordkeeping purposes;
• Consumer Reports: retained as required by FCRA, the FTC Disposal Rule (16 C.F.R. Part 682), agreements with the CRAs, and any Subscriber retention instructions, with secure disposal at the end of the retention period;
• Consumer disputes and dispute responses: retained for the period required by FCRA § 1681i and analogous state law;
• Application logs and access logs: retained for a rolling period sufficient to support security monitoring, fraud detection, and audit, then aggregated or deleted;
• Reference Communications: retained for so long as necessary to provide the Services, support audit and dispute response, and comply with Applicable Law, after which they are securely deleted or de-identified;
• Financial and tax records: retained for the period required by federal and state tax law (typically seven years);
• Marketing-list records: retained until you unsubscribe, plus a reasonable period to honor your opt-out;
• Litigation-hold records: retained for the duration of the hold.

When personal information is no longer needed, Lotly securely deletes or de-identifies it, in accordance with the Disposal Rule and Applicable Law.

14. State-Specific Disclosures

14.1 California Residents

Notice of Right Under California Civil Code § 1789.3: The provider of the Services is Lotly Software LLC, 5754 Lonetree Blvd, STE C7, Rocklin, CA 95765, Contact@Lotly.ai, (916) 824-5000. The cost of the Services is described in the Services. To file a complaint regarding the Services, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Additional California-specific rights are described in our Privacy Policy, including rights under the CCPA/CPRA to know, delete, correct, opt out of sale or sharing, and limit use of sensitive personal information.

14.2 Massachusetts Residents

Lotly maintains a written information security program in accordance with 201 CMR 17.00 and complies with the Massachusetts data-breach-notification law, M.G.L. c. 93H.

14.3 Illinois Residents

Lotly does not collect, capture, purchase, receive through trade, or otherwise obtain biometric identifiers or biometric information as defined in the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq., except to the extent expressly described in the Privacy Policy and authorized by you.

14.4 New York Residents

Subscribers operating in New York must comply with the New York City Fair Chance Housing Act, the New York State Human Rights Law, the New York Real Property Law, and any local rent-stabilization or rent-control ordinance applicable to their properties. Lotly does not warrant that any specific feature complies with any specific New York requirement; the Subscriber bears responsibility for compliance.

14.5 Florida Residents

Subscribers operating mobile home parks in Florida must comply with the Florida Mobile Home Act, Chapter 723 of the Florida Statutes, including its lot-rent-increase notice, reduction-in-services, and homeowner-association provisions.

14.6 Mobile Home Park & Manufactured Housing Operations

Lotly’s platform is designed primarily for the operation of mobile home parks, manufactured-housing communities, and similar lot-rental properties. Operators of such properties are subject to a meaningful body of state-specific statutory and regulatory requirements that go beyond ordinary residential landlord-tenant law. The list below is non-exhaustive and provided for general informational context only; it is not a representation that the enumerated statutes are complete, current, applicable to any specific property, or sufficient to assure compliance. Examples include, without limitation:

• California Mobilehome Residency Law, Cal. Civ. Code § 798 et seq., including its 60-day rent-increase notice requirement, sale-of-home protections, and park-rules-change procedures;
• Florida Mobile Home Act, Fla. Stat. ch. 723, including its prospectus, reduction-in-services, and homeowner-association provisions;
• Oregon Manufactured Housing Statutes, ORS chapter 90 (with MHP-specific rent-cap, opportunity-to-purchase, and lot-rental-agreement provisions);
• Washington Manufactured / Mobile Home Landlord-Tenant Act, RCW 59.20;
• Arizona Mobile Home Parks Residential Landlord and Tenant Act, A.R.S. Title 33, Ch. 19;
• Colorado Mobile Home Park Act, C.R.S. § 38-12-200.1;
• Texas Property Code Chapter 94 (Manufactured Home Tenancies);
• New Jersey Mobile Home Park Disclosure Statement, N.J.S.A. 2A:42-95 et seq.;
• Delaware Mobile Home Park Lot Lease Act, 25 Del. C. Ch. 70;
• Michigan Mobile Home Commission Act, MCL 125.2301 et seq.; and
• analogous statutes in other states.

Subscribers operating mobile home parks acknowledge that the Lotly Services are tools that Subscribers may use to manage their own compliance processes (for example, by automating certified-mail notice delivery, tracking lease and rent-increase histories, and storing required disclosures), but that Lotly does not provide legal advice or warrant compliance with any specific MHP statute. The state-by-state informational hub at lotly.ai/states/ describes general MHP regulatory frameworks for educational reference but is not a substitute for qualified counsel licensed in the Subscriber’s state.

14.7 Washington My Health My Data Act

Lotly does not knowingly collect or process “consumer health data” within the meaning of the Washington My Health My Data Act, RCW ch. 19.373. Subscribers will not upload, transmit, or process consumer health data through the Services without first executing a written agreement with Lotly that addresses MHMD requirements, including any required consumer-health-data privacy policy, consent, and authorization obligations.

14.8 Not a Registered Data Broker

Lotly operates as a direct-relationship platform for Subscribers, Applicants, and Residents and does not buy and resell consumer personal information to unrelated third parties. Lotly is not a registered data broker under California Civil Code § 1798.99.80 et seq. (the “Delete Act”), the Vermont data-broker registry (9 V.S.A. ch. 62), the Texas data-broker statute (Tex. Bus. & Com. Code ch. 509), the Oregon data-broker registry (ORS § 646A.500 et seq.), or analogous data-broker registries in other states. If our practices change in a manner that triggers data-broker registration in any jurisdiction, we will register and provide the related disclosures.

14.9 Other State Requirements

Many states impose specific landlord-tenant, screening, eviction, fair-housing, mobile-home-park, rent-control, and source-of-income requirements not specifically enumerated in this Section. Subscribers are solely responsible for compliance with all such requirements.

15. Copyright and DMCA Notice

Lotly responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a DMCA notice, send the following to our designated agent at the address below:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;
• identification of the copyrighted work claimed to be infringed;
• identification of the material on the Services that is claimed to be infringing, and information sufficient to permit us to locate the material;
• contact information for the complaining party;
• a statement that the complaining party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

DMCA designated agent: Lotly Software LLC, Attn: DMCA Agent, 5754 Lonetree Blvd, STE C7, Rocklin, CA 95765, dmca@lotly.ai.

Repeat infringers’ accounts will be terminated.

16. Accessibility

Lotly aims to make its Services accessible to people with disabilities, consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Accessibility is an ongoing effort, and we welcome feedback. To request an accommodation or report an accessibility issue, contact accessibility@lotly.ai.

17. Export Controls and Sanctions

The Services are controlled and operated from the United States. You may not access or use the Services if you are located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or if you are an individual or entity on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) list, the U.S. Department of Commerce’s Denied Persons List or Entity List, or any analogous list. You represent and warrant that you are not such a person and that your use of the Services does not violate U.S. export control or economic sanctions laws.

18. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THE MASTER SUBSCRIBER AGREEMENT BETWEEN LOTLY AND A SUBSCRIBER (IF ANY), THE SERVICES, INCLUDING ALL CONTENT, AUTOMATED PLATFORM FEATURES, REPORTS, REFERENCE COMMUNICATIONS, CALCULATORS, BLOG ARTICLES, GLOSSARY ENTRIES, STATE-BY-STATE INFORMATION, INDUSTRY DATA, COMPARISONS, AND OTHER MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOTLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TITLE, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Without limiting the foregoing, Lotly does not warrant that:

• the Services will be uninterrupted, timely, secure, or error-free;
• defects will be corrected;
• the Services or any content are free of viruses or other harmful components;
• any Consumer Report, Reference Communication, calculator output, blog article, glossary entry, state-by-state guide, industry-data figure, or comparison-page assertion is accurate, complete, or current;
• the Services will satisfy your specific business requirements or comply with the laws of any specific jurisdiction.

You assume the entire risk of using the Services. Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted.

No reliance. You agree that you do not rely on the Services — including any Reference Communication, calculator output, blog article, glossary entry, state-by-state guide, industry-data figure, or comparison-page assertion, each of which is transmitted or published without verification or endorsement by Lotly — to make any legal, financial, or tenancy determination. Reliance is permitted only on the Services as a software tool for operational workflow, communication, recordkeeping, and data-presentation purposes. Any legal, financial, or tenancy determination is your independent responsibility, made on the basis of your own diligence and, where appropriate, the advice of qualified counsel licensed in the relevant jurisdiction.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL LOTLY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE “LOTLY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF LOTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE AGGREGATE LIABILITY OF THE LOTLY PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (i) ONE HUNDRED DOLLARS (US$100) OR (ii) THE AMOUNT YOU ACTUALLY PAID TO LOTLY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

(c) THE LIMITATIONS IN THIS SECTION 19 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THE LIMITATIONS REFLECT AN ALLOCATION OF RISK BETWEEN THEM AND ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN.

(d) Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the foregoing exclusions and limitations apply to the maximum extent permitted by law.

(e) Without limiting the foregoing, the Lotly Parties are not liable for: any decision made by a Subscriber regarding any Applicant or Resident; any harm arising from a User’s breach of FCRA, FHA, TCPA, ECOA, ADA, ESIGN, COPPA, CAN-SPAM, BIPA, or any other federal, state, or local law; any unauthorized access to your account; any third-party service (including any CRA, payment processor, or integration partner); any property condition, dispute, or transaction; any User Content; any Reference Communication; or any inaccuracy in marketing-site content (blog, calculators, glossary, state guides, comparisons, industry data).

20. Indemnification

You agree to defend, indemnify, and hold harmless the Lotly Parties from and against any and all third-party claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expert costs) arising out of or relating to:

1. your access to or use of the Services;
2. your User Content;
3. your breach of these Terms or any representation, warranty, or covenant in these Terms;
4. your violation of any applicable law, including FCRA, FHA, ECOA, ADA, TCPA, CAN-SPAM, COPPA, ESIGN, BIPA, CCPA/CPRA, or any state or local equivalent;
5. any decision you make based on Consumer Reports, Reference Communications, calculator outputs, or other content from the Services;
6. any dispute between you and any other User, Resident, Applicant, Subscriber, vendor, or third party;
7. your violation of any third party’s rights, including intellectual-property, privacy, or publicity rights.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with us. You may not settle any matter that affects Lotly’s rights or obligations without Lotly’s prior written consent.

21. Term & Termination

21.1 Term

These Terms become effective when you first access or use the Services and continue until terminated as provided here.

21.2 Termination by You

You may stop using the Services at any time. Subscribers may cancel paid subscriptions in accordance with the Master Subscriber Agreement and the cancellation procedures available within the Services. Cancellation does not entitle you to a refund of any pre-paid amounts except as required by law or as expressly provided.

21.3 Termination by Us

We may suspend or terminate your access to the Services, in whole or in part, with or without notice, for any reason or no reason, including without limitation: (a) breach or suspected breach of these Terms or the Master Subscriber Agreement; (b) suspected misuse of Consumer Reports or violation of FCRA; (c) non-payment of fees; (d) suspected fraud, identity misrepresentation, or unlawful activity; (e) request from a CRA, payment processor, regulator, or law-enforcement agency; or (f) discontinuation of any feature or the Services as a whole.

21.4 Effect of Termination

Upon termination, your right to access the Services ceases. We may delete your data after a reasonable retention period, except that we may retain data as required by FCRA, the Disposal Rule, audit, legal-hold, or other legal obligations. Subscribers should export data they wish to retain prior to termination. The provisions that by their nature should survive termination will survive, including Section 2, Section 5, Section 8, Section 9, Section 11, Section 12, Sections 18, 19, 20, 23, 24, and 26.

22. Changes to These Terms

We may modify these Terms from time to time. The “Last Updated” date at the top reflects the most recent change. For material changes, we will provide reasonable advance notice (such as by email, in-product notice, or notice on the Services). Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Services and, if applicable, cancel your subscription.

23. Binding Arbitration; Class-Action Waiver

23.1 Informal Resolution

Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute informally for at least sixty (60) days. To start informal resolution, send a written notice describing the dispute, the relief sought, and your contact information to legal@lotly.ai and to Lotly Software LLC, Attn: Legal, 5754 Lonetree Blvd, STE C7, Rocklin, CA 95765.

23.2 Agreement to Arbitrate

If informal resolution fails, you and Lotly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) shall be resolved exclusively by binding individual arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (or, if the amount in controversy exceeds $250,000, the JAMS Comprehensive Arbitration Rules and Procedures), conducted by a single neutral arbitrator with substantial experience in commercial and technology matters. The arbitration will be conducted in Placer County, California, in English. Judgment on the award may be entered in any court of competent jurisdiction.

23.3 Federal Arbitration Act

This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction in interstate commerce. The arbitrator, not any court or agency, shall have exclusive authority to resolve any Dispute, including the scope, enforceability, and arbitrability of this Section.

23.4 Class-Action Waiver

YOU AND LOTLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

23.5 Consumer Cost Protection

If you are a natural person bringing a Dispute as an Applicant, Resident, or other consumer (rather than as a Subscriber, in a commercial capacity, or on behalf of a business), Lotly will pay all JAMS filing fees, administrative fees, and arbitrator fees for the arbitration of your Dispute, except that you are responsible for filing fees applicable to small-claims court if you elect to use the small-claims exception in Section 23.6. Lotly will not seek reimbursement of those fees from you unless the arbitrator determines that your claim was frivolous or brought for an improper purpose under standards comparable to Federal Rule of Civil Procedure 11. The parties acknowledge and agree that this consumer cost protection is a material element of the bargain in this arbitration agreement and is intended to satisfy the requirements of California Code of Civil Procedure §§ 1281.97 and 1281.98 and analogous law.

23.6 Mass-Filing Procedures

If twenty-five (25) or more similar arbitration demands are filed against Lotly by or with the assistance of the same counsel or coordinated representation within a 60-day period, the parties agree that the JAMS Mass Arbitration Procedures and Guidelines, or successor mass-arbitration rules, will apply, and that JAMS’s mass-filing fee schedule (rather than the per-case schedule) will apply. The arbitrator shall have authority to consolidate cases involving common factual or legal issues solely for the purpose of administering bellwether proceedings.

23.7 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court of competent jurisdiction; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights. The exceptions in (a) and (b) do not waive the agreement to arbitrate any other dispute.

23.8 Opt-Out

You may opt out of this Section 23 within thirty (30) days of the date you first accepted these Terms by either of the following methods:

1. Physical mail. Send written notice to Lotly Software LLC, Attn: Legal, 5754 Lonetree Blvd, STE C7, Rocklin, CA 95765, postmarked within the 30-day window; or
2. Electronic submission. Email a written opt-out notice to Legal@Lotly.ai from the email address associated with your verified account, sent within the 30-day window.

The notice must include your name, the email address associated with your account, a physical mailing address, and a clear statement that you wish to opt out of arbitration. Opting out has no other effect on your relationship with Lotly. If you do not opt out within the 30-day window, you will be bound by this Section 23.

23.9 Severability

If any portion of this Section 23 is held to be unenforceable as to a particular Dispute, that Dispute shall be severed and resolved in court; the remainder of this Section 23 will continue to apply to all other Disputes. If the class-action waiver in Section 23.4 is held to be unenforceable as to a particular Dispute, then the entirety of Section 23 (other than this severability clause) is null and void as to that Dispute, and the parties shall litigate that Dispute in court subject to Section 24.

24. Governing Law & Venue

These Terms are governed by and construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any action that is not subject to arbitration under Section 23 must be brought exclusively in the state or federal courts located in Placer County, California, and you irrevocably consent to the personal jurisdiction and venue of those courts.

25. Force Majeure

Lotly is not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, riot, civil disturbance, government action, embargo, strike, labor dispute, infrastructure failure, internet outage, denial-of-service attack, third-party service disruption, supplier failure, or other force majeure event.

26. General Provisions

26.1 Entire Agreement

These Terms (together with the Privacy Policy and, for Subscribers, the Master Subscriber Agreement and any executed Order Form) constitute the entire agreement between you and Lotly regarding the Services and supersede all prior or contemporaneous understandings, whether oral or written.

26.2 No Waiver

No waiver of any term is effective unless in writing and signed by an authorized representative of Lotly. The failure to enforce any term is not a waiver of the right to enforce it later.

26.3 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

26.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms (in whole or in part) to any affiliate or to any successor in connection with a merger, acquisition, reorganization, or sale of assets, in each case without your consent.

26.5 No Third-Party Beneficiaries

Except as expressly stated in Section 23 (which makes Lotly Personnel third-party beneficiaries of the arbitration provision) and Section 2 (which protects Lotly affiliates and licensors), there are no third-party beneficiaries to these Terms.

26.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.

26.7 Notices

We may provide notices to you via email to the address on file, in-product notice, or by posting on the Services. You may provide notices to us at legal@lotly.ai or by mail to Lotly Software LLC, Attn: Legal, 5754 Lonetree Blvd, STE C7, Rocklin, CA 95765.

26.8 Electronic Communications & Signatures (ESIGN/UETA)

You consent to receive electronic communications, agreements, disclosures, and signatures from Lotly in compliance with the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. (“ESIGN”), and the Uniform Electronic Transactions Act, as adopted in the relevant state. Electronic signatures, including click-through, type-through, and electronic-acceptance affirmations, satisfy any legal writing requirement.

26.9 Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

26.10 Survival

The provisions identified in Section 21.4, plus any other provisions that by their nature should survive, will survive termination of these Terms.

27. Contact

Questions, concerns, or notices may be sent to:

Lotly Software LLC
5754 Lonetree Blvd, STE C7
Rocklin, CA 95765
Email: Contact@Lotly.ai · Legal: legal@lotly.ai · Phone: (916) 824-5000

About this document. These Terms supersede all prior versions, including any prior “Terms of Use” or “Terms and Conditions.” If you previously accepted an earlier version of the Terms, your continued use of the Services after the “Last Updated” date constitutes acceptance of this version.