Terms of Use

This website (Lotly.ai), along with any related pages or applications (collectively, the “Site”), is operated by Lotly Software LLC, including its affiliates, successors, and assigns, and their respective officers, directors, employees, and agents (“Lotly,” “we,” or “us”). Lotly may, in its sole discretion, modify, update, or remove portions of these Terms of Use at any time. It is your responsibility to periodically review these Terms for any changes. By continuing to use the Site after any modifications are posted, you agree to be bound by the updated Terms.

By accessing or using the Site, you agree to comply with these Terms of Use and our Privacy Policy (collectively, the “Terms”). If you do not agree to these Terms, you may not access or use the Site or any services offered through it.

These Terms apply to both Applicants and Visitors (as defined below). If you are a Property Manager, your use of Lotly’s services is governed by the Lotly Master Services Agreement. Certain features or activities may be subject to additional policies, rules, or conditions (“Additional Terms”), which are incorporated by reference. By participating in those features, you agree to comply with any applicable Additional Terms.

Please read these Terms carefully—they include important details regarding the services we offer, as well as your rights and responsibilities, fees, limitations of liability, automatic renewals, and the method for resolving disputes.

Arbitration Notice and Class Action Waiver: Except for certain limited disputes described in the Arbitration Agreement section below, you agree that any disputes between you and Lotly will be resolved through binding individual arbitration. You waive your right to participate in a class action or class-wide arbitration.

Lotly Services

Through the Site, Lotly provides a platform (“Platform”) that enables: (1) individuals (“Applicants”) to create a Lotly account to apply for housing—including apartments, homes, mobile homes, manufactured homes, RVs, or similar dwellings—and to access related services (“Applicant Services”); and (2) businesses that own or manage properties (“Property Managers”) to view and manage Applicant information, coordinate internal workflows, and access features provided by Lotly (“Property Manager Services”).

The Platform, Applicant Services, and the Site are collectively referred to as the “Services.” Visitors to the Site who do not register may still access general information about Lotly and our offerings.

IMPORTANT: Lotly is not involved in rental transactions. We do not own or manage the properties featured on the Site and are not a party to any rental or lease agreements. Lotly does not assume liability for documents, communications, or any other interactions between Applicants, Property Managers, or property owners. If you have a dispute with another user, Property Manager, or owner, you agree to release Lotly from any and all claims, liabilities, or damages—whether known or unknown—arising from or related to that dispute.

Acceptance Through Use

By using the Site, Platform, or any related materials—including features, documents, images, videos, text, audio, code, and downloadable content—you accept and agree to these Terms. Access to new features, updates, or enhancements will also be governed by these Terms.

Updates to Terms and Continued Use

Lotly reserves the right to modify these Terms at any time without prior notice. The revised Terms become effective as of the date posted. We do not guarantee that the information on the Site will be updated regularly.

Lotly may also modify, suspend, or discontinue Services at any time. If a change materially impacts your use, we will attempt to notify you, but such notice is not guaranteed.

Your continued use of the Site or Services following any updates means you accept the modified Terms. We also reserve the right to remove any content from the Services at our sole discretion and without notice, including in cases where content is alleged to violate these Terms.

Eligibility

You may only use the Site and Services for personal, non-commercial purposes. Unauthorized use—including use on behalf of a third party—is strictly prohibited.

Lotly does not knowingly collect personal information from individuals under 13. The Children’s Online Privacy Protection Act (“COPPA”) prohibits the collection of data from children under 13 without verified parental consent. If you are under 13, do not use the Site or Services or submit any personal data. If we discover that we have collected personal information from a child under 13, we will delete it as soon as possible.

You represent and warrant that you:

  • Have the legal capacity to agree to these Terms
  • Are the legal age of majority in your state (typically 18), or have been legally emancipated
  • Are a U.S. resident
  • Will use the Site and Services in accordance with applicable laws

Lotly does not offer Services outside the United States. Accessing the Services from jurisdictions where such access is illegal is prohibited. You agree not to export or re-export the Services in violation of any U.S. laws or regulations.

Intellectual Property

All content associated with the Services—including text, graphics, software, photos, videos, and other materials (the “Content”)—is owned by Lotly or its licensors and is protected by U.S. and international intellectual property laws.

You may not reproduce, distribute, modify, republish, or use the Content for commercial purposes unless expressly permitted in writing by Lotly. You agree to follow all copyright notices and proprietary restrictions included in the Content.

Lotly grants you a limited, non-transferable, non-sublicensable, non-exclusive license to use and locally display the Content solely in connection with your use of the Services. This license does not allow you to otherwise use, distribute, or create derivative works based on the Content.

Even if the Services allow you to download or copy certain Content, these Terms still govern your use of such Content.

Prohibited Activities

You agree to use the Services only as outlined in Section 1. The following activities are strictly prohibited and may result in termination of your access:

  • Using bots, spiders, screen scrapers, or other automated tools to interact with the Site
  • Running mail lists, listservs, or automated messaging that burdens our infrastructure
  • Copying, reproducing, reselling, or exploiting any part of the Services or Content
  • Violating applicable laws, statutes, or regulations
  • Misrepresenting your identity or impersonating another individual
  • Posting or transmitting unlawful, defamatory, deceptive, or offensive content
  • Compromising the security of any account—your own or someone else’s
  • Attempting to collect or guess passwords or login credentials from others
  • Tampering with the Site’s code or reverse-engineering any aspect of the Services
  • Attempting to develop a competing service using our intellectual property
  • Republishing or distributing Content or Services without our written consent
  • Using our branding, trademarks, or service marks without permission

All content transmitted or accessed through the Services is the sole responsibility of the party that submitted it. You accept all risks related to the use or reliance on such content, and Lotly disclaims any liability associated with your interpretation or use of third-party content.

We cannot guarantee the identity of users you engage with through the Services and are not responsible for interactions that occur outside of our control.

You are solely responsible for the content you submit and represent that you have all necessary rights to share it as provided.

Fees

Lotly may offer Services free of charge or may assess fees for certain features or offerings. If you are currently using a free version of any Service, we will notify you in advance should those Services become subject to fees. If you wish to continue using those Services after such notice, you will be required to pay the applicable charges.

Paid Services. Some components of the Services may now or in the future require payment (“Paid Services”). Any payment-related terms provided to you when signing up for or using Paid Services are considered part of these Terms.

Billing. We utilize a third-party provider (“Payment Processor”) to process payments through your linked payment account (“Billing Account”) or within the application. All payments for Paid Services are subject to both these Terms and the Payment Processor’s terms and privacy policy. Currently, Lotly uses Stax Payments as its Payment Processor. You can review Stax’s Terms of Use at staxpayments.com/terms-of-use and Privacy Policy at staxpayments.com/privacy. Lotly is not liable for any errors, delays, or service failures on the part of the Payment Processor.

By purchasing or using any Paid Services, you authorize us, via the Payment Processor, to charge your chosen payment method (“Payment Method”) for the applicable fees. You agree to make payment using that Payment Method and acknowledge that we may correct any billing errors or mistakes—even after a charge has been submitted or collected.

Payment Method. Your Payment Method is governed by the agreement between you and your financial institution, credit card provider, or other payment provider. If a payment is not received by us through the Payment Processor, you remain liable for all amounts due on your Billing Account and agree to pay those amounts on demand.

Keeping Information Up to Date. YOU AGREE TO PROVIDE AND MAINTAIN CURRENT, COMPLETE, AND ACCURATE BILLING INFORMATION. This includes promptly updating any changes to your billing address, credit card details, or account expiration dates. You also agree to notify us or the Payment Processor immediately if your Payment Method is canceled or if you suspect a security breach involving your billing credentials.

To update your billing details, contact us at Contact@Lotly.ai. If you fail to update your information as required, you agree that we may continue to bill you for Paid Services using the last valid Billing Account on file, unless or until you cancel those Paid Services.

Changes to Authorized Amounts. If the amount we charge differs from your previous authorization (other than changes in applicable taxes), we will notify you of the new amount and charge date before processing the transaction. You acknowledge that we may combine charges and submit them together at the end of a billing cycle or other designated interval.

Accuracy of Application Information

If you submit a housing application through Lotly, you agree to provide only truthful, accurate, and complete information about yourself. Lotly is not responsible for delays, rejections, or other issues related to your application that arise from false, incomplete, or outdated information.

Use of Application Information

If you are an Applicant, by applying for housing via the Services, you authorize Lotly to share any information included in your application—or obtained in accordance with your application—with Property Managers and third parties as needed to process and complete your application. This includes but is not limited to verifying your identity (e.g., name, Social Security number, date of birth) or other submitted details prior to finalizing the application.

YOU UNDERSTAND AND AGREE THAT LOTLY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DECISION MADE BY A PROPERTY MANAGER REGARDING YOUR APPLICATION.

Background Checks and FCRA Rights

If you are an Applicant using the Services, you may either:

  1. provide written consent for Lotly to obtain a consumer report (a “background check”) on your behalf, or
  2. allow a Property Manager to request such a report via Lotly when you submit a housing application to them.

FCRA Section 619 Notice: Pursuant to Section 619 of the Fair Credit Reporting Act (FCRA):
“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, United States Code, imprisoned for not more than two years, or both.”

As an Applicant, you are entitled to specific rights under the FCRA. You can review a summary of these rights by visiting:

Consent to Receive Marketing Communications

By signing up for the Services and providing your phone number or email, you consent to receive messages from Lotly, including marketing communications. You may receive these communications through automated systems such as autodialers, text messages, or email.

You will receive a welcome message when you sign up, along with information about how to opt out. You agree that anyone you register for the Services or provide contact information for has given their consent to receive such communications.

You agree to indemnify and hold Lotly harmless from any claims, damages, or losses resulting from a breach of this consent.

Service Interruptions

You understand that the Services may, at times, be unavailable, slow, or delayed due to a variety of factors, including system maintenance or external conditions beyond Lotly’s control. While Lotly employs commercially reasonable practices to maintain uptime, we cannot guarantee uninterrupted access to the Services.

Disclaimer of Warranties

The Services—including all related content, recommendations, and features—are provided “as is” and “as available,” without any express or implied warranties.

Lotly and its affiliates, partners, officers, agents, and employees (collectively, the “Lotly Parties”) do not make any representations about the reliability, accuracy, legality, completeness, or usefulness of the Services or any content accessed through them.

THE LOTLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER MALWARE.

We do not warrant that the Services will operate without interruptions or errors, or that any errors will be corrected. Your use of the Services and any content downloaded through them is at your own risk. You assume full responsibility for any damage to your devices or data loss resulting from such use.

Some jurisdictions do not allow limitations on the duration of implied warranties, so some of the disclaimers above may not apply to you.

Limitation of Liability

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE LOTLY PARTIES DISCLAIM ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW—REGARDLESS OF WHETHER THAT LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. WITHOUT LIMITING THE FOREGOING, AND TO THE GREATEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL ANY LOTLY PARTY BE RESPONSIBLE FOR ANY LOSS OF DATA, CORRUPTION OF CONTENT, ERRORS CAUSED BY FEATURES OR TOOLS WITHIN THE SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, INTERRUPTION OF OPERATIONS, LOSS OF GOODWILL, BUSINESS DISRUPTION, LOSS OF DATA ACCURACY, OR SYSTEM FAILURES.

IN ADDITION, THE LOTLY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

  1. COSTS RELATED TO SUBSTITUTE PRODUCTS, SERVICES, OR TECHNOLOGIES;
  2. TOTAL DAMAGES EXCEEDING THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO LOTLY FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR
  3. EVENTS OR CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF DAMAGES, AND IF YOU ARE IN SUCH A JURISDICTION, THESE LIMITATIONS MAY NOT APPLY TO YOU.

UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, YOUR ONLY REMEDY FOR ERRORS, APPLICATION-RELATED ISSUES, OR MISSING DATA IS THAT WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE ISSUE OR RECOVER DATA IN A TIMELY MANNER.

TO THE FULLEST EXTENT ALLOWED BY LAW, LOTLY IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT, USERNAME, OR PASSWORD—EVEN IF IT OCCURS WITHOUT YOUR KNOWLEDGE. YOU MAY, HOWEVER, BE HELD RESPONSIBLE FOR LOSSES RESULTING FROM SUCH MISUSE IF DUE TO YOUR NEGLIGENCE OR MISCONDUCT.

Indemnification

By using our Site or Services, you agree to indemnify, defend, and hold harmless the Lotly Parties from any and all claims, losses, liabilities, damages (actual or consequential), expenses, and costs (including reasonable attorneys’ and accountants’ fees) that result from or arise out of:

  • your use or misuse of the Services,
  • any third party using your account or credentials, or
  • your breach of these Terms of Use.

Lotly reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with us in defending any such matter.

Privacy Policy

To learn about how we collect, use, and disclose your Personal Information, please refer to our Privacy Policy. That policy is fully incorporated into these Terms by reference, and your use of the Services confirms your agreement to its most recent version.

Severability and Waiver

If any provision of these Terms of Use is found to be unenforceable, that provision will be replaced with one that reflects the original intent as closely as possible and remains enforceable. The rest of the Terms will remain in full force and effect.

Lotly’s failure to enforce any part of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized Lotly representative to be valid.

Governing Law

These Terms shall be governed by and interpreted in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of California, without regard to conflict of law rules.

Arbitration & Jury Trial Waiver

Please read this section carefully, as it requires arbitration for most disputes and limits how you can seek legal remedies.

Agreement to Arbitrate. If any dispute arises related to these Terms, you and Lotly agree to first try resolving it through good-faith negotiations. If those efforts fail, the dispute must be resolved by binding arbitration conducted in California in accordance with the JAMS Streamlined Arbitration Rules and Procedures, in English, by a single arbitrator experienced in commercial and IP matters.

Scope & Enforcement. This arbitration clause applies to any claims involving Lotly or its employees, directors, contractors, or agents (collectively, “Personnel”), who are third-party beneficiaries of this clause.

Fees & Costs. Arbitration fees will be handled in accordance with the JAMS rules. Lotly will cover arbitration fees for claims under $75,000. We will not seek reimbursement of our legal costs unless the arbitrator finds your claim to be frivolous.

Exceptions. Either party may file claims in small claims court in California (or the U.S. county where you reside or work). Either party may also seek injunctive relief in court to prevent or stop IP infringement.

Waiver of Jury Trial. YOU AND LOTLY EXPRESSLY WAIVE YOUR RIGHTS TO A JURY TRIAL. Instead, disputes will be resolved by an arbitrator or a judge, as applicable.

Waiver of Class Actions. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. YOU AND LOTLY AGREE THAT NEITHER PARTY WILL PARTICIPATE IN A CLASS OR CONSOLIDATED ACTION. If this waiver is found unenforceable, then the arbitration clause in its entirety will not apply.

Opt-Out Option. You may opt out of the arbitration agreement by sending written notice to:
Lotly Software LLC, 5754 Lonetree Blvd, Rocklin, CA 95765
Postmarked within 30 days of first accepting these Terms. Your notice must include:

  1. Your name and physical address
  2. The email and/or phone number associated with your Lotly account
  3. A clear statement that you wish to opt out of arbitration

Venue for Litigation. If you opt out or if this agreement allows litigation instead of arbitration, you and Lotly agree that all legal proceedings (excluding small claims) will be handled in state or federal courts in Placer County, California, or the appropriate federal district court for that county.

Severability. If the class action waiver is deemed unenforceable, then the entire arbitration section will be void. This arbitration agreement survives even if you terminate your use of the Services.

Termination

Lotly reserves the right to suspend or permanently terminate your access to the Services at any time, without prior notice. If we choose to notify you, we may do so by email.

You may stop using the Services at any time by contacting us at Contact@Lotly.ai. Terminating your account may result in deletion of data associated with it. Please review our Privacy Policy for how we handle your data after termination.

If you deleted your account by mistake, reach out to us promptly. While we’ll do our best to help, we cannot guarantee data recovery.

Any provisions of these Terms that should reasonably remain in effect after termination—including disclaimers, limitations of liability, dispute resolution terms, and intellectual property provisions—will survive.

Assignment

Lotly may assign its rights or obligations under these Terms at any time without notice. You may not assign, delegate, or transfer your rights under these Terms without Lotly’s prior written approval.

Entire Agreement; No Third-Party Beneficiaries

These Terms of Use constitute the complete agreement between you and Lotly with respect to your use of the Services. They replace any prior agreements—written or oral—regarding the same.

If you are a Property Manager with a signed agreement with Lotly, that agreement will govern your use of Property Manager Services, in addition to these Terms.

Except as expressly stated in the Arbitration section, there are no third-party beneficiaries to these Terms.

Miscellaneous

You are solely responsible for fulfilling any tax, reporting, or other legal obligations resulting from your use of the Services. Lotly may, at its discretion, take on those obligations on its own behalf or on your behalf.

You acknowledge that your relationship with Lotly is that of an independent party. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Lotly.

Contact Us

If you have questions or concerns about these Terms, reach out anytime at:
📧 Contact@Lotly.ai
🏢 Lotly Software LLC
5754 Lonetree Blvd, Rocklin, CA 95765

Last updated: April 14, 2025

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