Applicant Terms of Service.

Last Updated: April 27, 2026 • Effective Date: April 27, 2026.

IMPORTANT — PLEASE READ CAREFULLY. These Applicant Terms of Service ("Terms") form a binding legal contract between you and Lotly Software LLC, a Nevada limited liability company that operates RentalApplication.ai ("we," "us," "our"). They govern your use of the RentalApplication.ai platform when you apply to rent a residential property and submit information for tenant-screening purposes (the "Services").

By accessing or using the Services, by submitting an application, or by checking a box indicating your acceptance, you agree to these Terms. These Terms include a binding individual arbitration provision and a class-action waiver in Section 19. Please read that section carefully. You have a thirty (30) day right to opt out of arbitration as described in Section 19.7.

1. Definitions

"Applicant" means you, an individual whose information is submitted to the Services for tenant-screening purposes. "Application Fee" means the fee, if any, that you pay through the Services in connection with your tenancy application. "Consumer Report" has the meaning given in 15 U.S.C. § 1681a(d). "Screening Report" means the package of Consumer Report data and supporting information delivered to a Subscriber. "Subscriber" means the landlord, property owner, property manager, or other authorized user that has invited you to apply.

2. Eligibility and Account

The Services are available only to individuals 18+ in the United States. You may use the Services without creating a long-term account, or you may create an account to track applications. We may collect basic identity-related information (such as a Social Security number for SSN-trace lookup on tiers that include TLO data) and decline to process or refund per Section 5 if the information cannot be matched. The Services do not currently include driver's license (DMV-record) verification, selfie capture, or facial-recognition matching.

3. Information You Submit

You agree that all information you submit through the Services will be true, accurate, and complete to the best of your knowledge. Submitting false, misleading, or fraudulent information may result in immediate termination of your application, reporting to law enforcement and fraud-prevention databases, and civil or criminal liability under federal and state law (including 18 U.S.C. §§ 1001, 1028).

You grant us a limited, non-exclusive license to host, store, process, transmit, and use any documents you upload (pay stubs, W-2s, IDs, etc.) as necessary to provide the Services and comply with our legal obligations. If you connect a payroll account through Pinwheel, you authorize us to retrieve income/employment data from the source you specify.

4. References and AI Reference Calls

When you provide reference contact information, you represent that the references could reasonably be expected to be contacted in connection with a tenancy reference. The Subscriber may use our AI Reference-Call Tool to place outbound calls to those references. Telephony and AI conversational technology for that tool are supplied by Vosy as a service-provider vendor — Vosy is not a consumer reporting agency. Calls may be recorded and transcribed where lawful. We and the Subscriber comply with applicable federal and state call-recording and wiretap laws.

5. Application Fees and Refunds

Your Application Fee will be displayed before you submit. Fees are subject to state and local fee caps (Wisconsin, Virginia, Philadelphia PA, and Washington DC). Fees are generally non-refundable once a Screening Report has been generated. Exceptions: identity verification not completed, system failure, withdrawal before processing, or where state law requires a refund. Refunds for tenancy denials are not provided. In some jurisdictions you may have the right to reuse a recent screening report.

6. Your Information and Privacy

Our collection, use, and protection of your information is described in our Privacy Policy at rentalapplication.ai/privacy, which is incorporated by reference.

7. Communications With You

You consent to transactional communications (status updates, application prompts, dispute responses, security notifications) by email and SMS. Standard message and data rates may apply. Marketing communications require separate opt-in. We comply with the Telephone Consumer Protection Act.

8. Geographic Restrictions

The Services are not currently available for properties in Vermont, Massachusetts, or New York. In Wisconsin, Virginia, Philadelphia PA, and the District of Columbia, the per-applicant fee is automatically capped in compliance with applicable law.

9. FCRA Rights, Disputes, and Adverse Action

You have important rights under the federal FCRA and analogous state laws. Disputes about Screening Report content can be filed at Contact@RentalApplication.ai with subject "FCRA Dispute" or via our consumer compliance portal at disputes.rentalapplication.ai. RentalApplication.ai does not make tenancy decisions. The Subscriber is the user of the consumer report and bears the FCRA responsibility for the adverse-action notice. As an operational convenience we generate and deliver that notice on the Subscriber’s behalf, using the report data and the decision factors the Subscriber selects, so a notice you receive may be sent by us for the Subscriber.

10. Acceptable Use

You agree not to: submit information about anyone other than yourself; impersonate any person; upload documents you do not have the right to use; attempt to circumvent identity verification, fraud detection, or geographic restrictions; reverse engineer the Services; access through automated means; harass any person; or violate any applicable law. We may suspend or terminate your access for violations.

11. Intellectual Property

You retain ownership of the information and documents you submit. The Services themselves — including software, content, design, branding, and trademarks — are owned by Lotly Software LLC or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal tenancy-application purposes.

12. Suspension and Termination

We may suspend or terminate your access if you breach these Terms or applicable law; if your account has been compromised; or if continued use poses a risk. You may stop using the Services at any time and request deletion at Contact@RentalApplication.ai, subject to legal retention obligations.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT GUARANTEE THE OUTCOME OF ANY APPLICATION; SUBSCRIBERS MAKE INDEPENDENT TENANCY DECISIONS BASED ON THEIR OWN CRITERIA.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR AGGREGATE LIABILITY TO YOU FOR CONTRACT CLAIMS BETWEEN YOU AND US WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR (II) TWO HUNDRED DOLLARS ($200). THIS LIMIT DOES NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS, CAPS, OR WAIVES: (A) ANY ACTUAL, STATUTORY, OR PUNITIVE DAMAGES, COSTS, OR ATTORNEYS FEES AVAILABLE TO YOU AS A CONSUMER UNDER THE FAIR CREDIT REPORTING ACT, INCLUDING 15 U.S.C. SECTIONS 1681n AND 1681o; (B) ANY CLAIM UNDER THE FAIR HOUSING ACT, 42 U.S.C. SECTION 3601 ET SEQ., OR ANY STATE FAIR-HOUSING, MINI-FCRA, OR CONSUMER-PROTECTION STATUTE; (C) LIABILITY FOR OUR OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; OR (D) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Lotly Software LLC and its affiliates from any third-party claims arising out of (a) your submission of false, misleading, or fraudulent information; (b) your use of the Services in violation of these Terms or any law; (c) your impersonation of any other person; or (d) your gross negligence, willful misconduct, or fraud. This indemnity does not apply to any claim to the extent it arises from our own negligence, gross negligence, willful misconduct, or violation of law, or from our failure to perform an obligation imposed on us directly as a reseller of consumer reports under the FCRA. Nothing in this Section requires you to pay any fine, penalty, or damages assessed against us for our own conduct.

16. Modifications

We may update these Terms from time to time. If we make a material change, we will provide notice by email or through the Services at least thirty (30) days before the change takes effect, except that changes required by law or to address a security or compliance issue may take effect immediately.

17. Multi-State Enforceability; Severability; Waiver

These Terms are intended to be valid, binding, and enforceable in every U.S. state, U.S. territory, and the District of Columbia in which the Services are offered. If any provision is held invalid, illegal, or unenforceable in a particular jurisdiction, that provision will be reformed to the minimum extent necessary while preserving the parties’ intent. Where the law of your state of residence requires the application of that state’s substantive law to a particular issue (consumer-report disclosures, application-fee caps, fair-housing, fair-chance housing, breach notification), that state’s law will govern that issue.

18. Notices

Notices to us: Lotly Software LLC, Attn: Legal — RentalApplication.ai, 5754 Lonetree Blvd, Rocklin, CA 95765, with a copy by email to Contact@RentalApplication.ai. Notices to you may be delivered to the email or mobile number on file with us.

19. Governing Law; Dispute Resolution

READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION (SUBJECT TO SECTION 19.6).

19.1 Governing Law. These Terms are governed by California law (without regard to conflict-of-laws principles), except that Section 19.3 (arbitration) is governed by the Federal Arbitration Act.

19.2 Informal Dispute Resolution. Before filing arbitration, you agree to first contact us at Contact@RentalApplication.ai with a written description of the dispute and engage in good-faith discussions for at least sixty (60) days.

19.3 Binding Arbitration. Any unresolved dispute arising out of these Terms or the Services will be resolved by binding individual arbitration administered by JAMS pursuant to its Consumer Arbitration Minimum Standards together with its Streamlined Arbitration Rules, by a single arbitrator. Where those rule sets conflict, the Consumer Arbitration Minimum Standards control. Any in-person proceeding will take place in the county where you reside unless you choose a different location. To minimize burden on Applicants, the arbitration will be conducted by videoconference unless both parties mutually agree in writing to in-person arbitration. We will pay all JAMS fees in excess of those required for an equivalent court filing, except where the arbitrator finds your claim was frivolous. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute about the scope, interpretation, applicability, enforceability, or arbitrability of this arbitration agreement, except that (i) whether an agreement to arbitrate was formed and (ii) the enforceability of the class-action waiver in Section 19.4 and of the coordinated-filings paragraph in that Section, are for a court and not the arbitrator to decide.

19.4 Class-Action Waiver. YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR INDIVIDUAL FAVOR AND ONLY TO THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM. THIS WAIVER DOES NOT APPLY TO ANY RIGHT THAT IS NON-WAIVABLE UNDER APPLICABLE LAW.

19.5 No Class Arbitration; Effect of a Partial Holding. Class, collective, mass, consolidated, and representative proceedings will not be arbitrated under any circumstances. If Section 19.4 is held unenforceable as to a particular claim or a particular form of relief, then that claim or request for relief alone will be severed and heard in a court of competent jurisdiction, and every remaining claim will continue in individual arbitration. Severance under this Section does not invalidate Section 19.3 or any other part of this Section 19.

Coordinated filings. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against us by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the demands will be administered in sequential batches of no more than fifty (50). Each batch will be heard by a single arbitrator, and the parties will attempt in good faith to resolve the remaining demands after each batch using the outcomes as guidance. All applicable statutes of limitations and contractual time-bars are tolled for every demand in the queue from the date that demand is filed until it is dismissed, withdrawn, settled, or proceeds to arbitration in its assigned batch, so that no claimant is prejudiced by the sequencing. Either party may ask a court to enforce this paragraph. This paragraph does not apply to any claim carved out of arbitration above. California public-injunctive-relief carve-out: Notwithstanding the foregoing, this Section does not bar a California resident from seeking public injunctive relief in court under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017).

19.6 Carve-Outs. Either party may bring an individual action in small-claims court if the dispute qualifies, and may seek temporary or preliminary injunctive relief in court to protect intellectual-property rights, trade secrets, or confidential information. Nothing limits your right to file a complaint with any government agency.

19.7 Opt-Out Right. You may opt out of the arbitration agreement and class-action waiver in Sections 19.3 through 19.5 within thirty (30) days after first accepting these Terms. Your notice must include your name, the email address associated with your application, and a clear statement that you wish to opt out of arbitration. You may send that notice by any one of the following methods, and any one of them is sufficient: (a) through the contact form at rentalapplication.ai/contact; (b) by email to Contact@RentalApplication.ai; or (c) by mail to Lotly Software LLC, Attn: Arbitration Opt-Out, 5754 Lonetree Blvd, Rocklin, CA 95765. A timely opt-out is effective when sent, and remains effective even if we do not receive it or if one of the methods listed above fails. Opting out affects no other provision of these Terms, and it will not affect your application or how it is processed.

20. Consumer Reporting Agencies

You acknowledge that the consumer reporting agencies and authorized data providers identified in the FCRA Disclosure are intended third-party beneficiaries of Sections 3, 4, 6, 9, 10, and 13 of these Terms. For the avoidance of doubt, no consumer reporting agency or data provider is a third-party beneficiary of Section 14 (limitation of liability) or Section 15 (indemnity), and no such party may enforce those Sections against you.

21. Export and Sanctions Compliance

The Services are intended for use by individuals located in the United States. You may not access the Services if you are located in or a national of any country or territory subject to comprehensive U.S. economic sanctions, or if you appear on any U.S. government list of restricted parties.

22. Children

The Services are not directed to and may not be used by individuals under the age of eighteen (18). For California minors aged 13–16, we do not "sell" or "share" Personal Information without affirmative authorization, as required by the California Consumer Privacy Act.

23. General Provisions

We are not your real-estate agent, attorney, financial advisor, or fiduciary. Neither party will be liable for delays caused by force majeure events. You may not assign these Terms; we may. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding your use of the Services. The FCRA Disclosure and Authorization is a separate, standalone statutory disclosure and consent. It is not incorporated into these Terms, is not a contract term you can breach, and nothing in these Terms, including Sections 14, 15, and 19, applies to it.

California Consumer Notice. Pursuant to California Civil Code § 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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