Terms of Service

Last Updated: July 6, 2026 · Effective Date: July 6, 2026 (v5)

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") form a legally binding agreement between you and Lotly Software LLC, a Nevada limited liability company doing business as RentalApplication.ai ("RentalApplication.ai," "Lotly," "we," "us," or "our"). They govern your access to and use of the website at rentalapplication.ai, our mobile and web applications, our application programming interfaces, our screening reports and ancillary data services, our AI agent services (including AI-assisted reference verification), and all related products and features (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES. These Terms include a binding individual arbitration provision and a class-action waiver in Section 24. They also include geographic restrictions on availability of the Services in Section 6. Read those sections carefully.

If you are a landlord, property owner, property manager, or other user who orders Consumer Reports through the Services (a "Subscriber"), your use of the Services is also governed by the separate Landlord Subscriber Agreement, which contains additional obligations under the federal Fair Credit Reporting Act and applicable state laws. In the event of a conflict between these Terms and the Landlord Subscriber Agreement, the Landlord Subscriber Agreement controls with respect to Subscriber's ordering and use of consumer reports.

If you are an Applicant (an individual whose information is submitted for tenant-screening purposes through the Services), your use of the Services is also governed by the Applicant Terms, FCRA Disclosure and Authorization, and other consumer-facing disclosures presented to you during the application flow.

1. Definitions

"Applicant" means a natural person whose information is submitted to the Services for tenant-screening 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, identity-verification result, income or employment verification report, document-authentication result, prior-landlord reference verification (including AI-assisted verification), and ancillary data furnished through the Services.

"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 Pinwheel CRA Co. (a consumer reporting agency affiliate of Underdog Technologies, Inc. d/b/a Pinwheel), as such list may be updated from time to time.

"Reference-Call Service Provider" means the third-party telephony and AI vendor that places outbound landlord-reference calls on behalf of a Subscriber, currently Vosy. The Reference-Call Service Provider is a tooling vendor that places calls and produces recordings and transcripts; it is not a consumer reporting agency, does not furnish Consumer Reports, and does not maintain consumer files.

"Subscriber" means a landlord, property owner, property manager, real-estate professional, or other authorized user that registers an account on the Services for the purpose of ordering Consumer Reports or otherwise evaluating Applicants.

"User" means any person who accesses or uses the Services, including without limitation Subscribers, Applicants, and casual website visitors.

2. Our Role; Reseller Status; What We Are Not

2.1 Reseller Status Under FCRA

RentalApplication.ai operates as 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 one or more third-party CRAs and resell those reports to Subscribers, without adding to or modifying the substantive information furnished by the originating CRAs. Our reseller status carries the specific obligations and limitations set forth in FCRA §§ 1681e(a), 1681e(e), and 1681i(f), including the obligation to forward consumer disputes to the CRA that originated the disputed information.

2.2 Subscriber Is the End User

The Subscriber that orders a Consumer Report is the "end user" of that report under FCRA. The Subscriber, not RentalApplication.ai, certifies the permissible purpose, evaluates the report, makes the tenancy decision, and bears the FCRA obligations of an end user, including the obligation to deliver adverse-action notices under FCRA § 615 where applicable.

2.3 We Do Not Make Eligibility Decisions

RentalApplication.ai does not approve, deny, condition, or otherwise determine the eligibility of any Applicant for any rental opportunity. Any decision to rent, decline to rent, raise a deposit, require a co-signer, or take other adverse action is made solely by the Subscriber, in the Subscriber's sole discretion, based on the Subscriber's own criteria and applicable law.

The Services are not designed to and do not rank, score, prioritize, recommend, or comparatively evaluate Applicants against one another. No feature of the Services produces a "best applicant" output, a relative-quality ranking, or any recommendation-based output as between two or more Applicants. Any sorting, filtering, or organizational view available to a Subscriber is a presentation tool only, configured by the Subscriber, and does not constitute steering, recommendation, scoring, or selection by us.

2.4 We Transmit 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. We do not originate, augment, score, or otherwise modify the substantive underlying data furnished by CRAs. We may, however, format, organize, paginate, deliver, or display such data for presentation purposes, and we may add our own identifying header, table of contents, and procedural metadata; such formatting, organization, and presentation do not constitute modification of the underlying substantive data. Any summaries, categorizations, transcripts, sentiment indicators, organizational views, or AI-assisted interpretive outputs that we make available are provided separately from the Consumer Report itself and do not constitute part of the Consumer Report for purposes of FCRA § 603(d) or analogous state law. The substantive Consumer Report and any interpretive layer are conceptually and contractually distinct artifacts, and the FCRA-regulated reseller obligations attach to the former.

2.5 We Do Not Adjudicate 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 any of the channels described at disputes.rentalapplication.ai; (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. We do not investigate the accuracy of the data, do not adjudicate the dispute, do not modify reports, and do not substitute our judgment for that of the originating CRA. Reinvestigation, modification, and removal of disputed information are functions reserved to the originating CRA under FCRA § 1681i.

2.6 What We Are Not

RentalApplication.ai 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, or financial advisor. We do not list properties for rent, do not solicit applicants on behalf of landlords, do not collect or hold rent, do not hold any party's funds in trust, and do not own, manage, or have any possessory or ownership interest in any property listed by or screened through any Subscriber. No agency, partnership, joint-venture, or fiduciary relationship arises between RentalApplication.ai and any Subscriber, Applicant, or other User by reason of these Terms or the Services.

2.7 No Endorsement of Subscribers or Properties

Our acceptance of a Subscriber's account registration is not an endorsement, recommendation, or guarantee of (a) the legitimacy or existence of any property, listing, or rental opportunity offered by the Subscriber; (b) the Subscriber's identity, ownership, or authority to lease the property; or (c) the Subscriber's compliance with applicable laws. We use commercially reasonable Subscriber-credentialing procedures, but we cannot and do not guarantee that every Subscriber is who they say they are. Applicants 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

We have no obligation to monitor, verify, evaluate, or continuously police any User, Subscriber, Applicant, listing, communication, transaction, or activity on or through the Services beyond the specific compliance procedures expressly described in these Terms or required by applicable law. Our use of automated tools, fraud-screening signals, identity-verification checks, or human review at account 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 by any User; or (c) shift to us any liability that would otherwise fall on the User responsible for the conduct. Any monitoring, screening, or enforcement we choose to undertake is at our sole discretion and may be discontinued at any time without notice.

2.9 User-Generated Content; Section 230

Subscribers and other Users are solely responsible for any listings, property descriptions, photographs, communications, references, applicant information, decision narratives, or other content they submit, post, transmit, or otherwise make available through the Services ("User-Generated 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-Generated 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-Generated Content, and we are not responsible or liable for the accuracy, legality, decency, non-infringement, or fitness of any User-Generated Content. We may, but have no obligation to, remove, refuse, or restrict any User-Generated Content for any reason in our sole discretion, and any such action constitutes good-faith moderation under § 230(c)(2).

3. Subscriber Responsibility for Decisions; Fair Housing

3.1 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, 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.

3.2 Fair Housing Safe Harbor; 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 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, summarizes, or filters Consumer Report data is provided as a convenience to support objective, criteria-based screening; it is not a substitute for the Subscriber's independent judgment, and it does not absolve 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.

3.3 Subscriber's Independent Verification

Consumer Reports are decision-support tools, not decisions. The Subscriber must independently evaluate, verify, and contextualize the contents of any Consumer Report before taking any action that affects the Applicant's housing opportunities, including without limitation by considering whether reported information is accurate, current, complete, individualized to the Applicant, and properly considered under the Subscriber's written screening criteria and applicable law.

4. Eligibility and 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 their state of residence, 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@RentalApplication.ai so we can remove the information.

4.2 Account Registration

To order Consumer Reports or access certain features, you must register for 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, 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 to register an account, 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 your credentials confidential, (b) not to share, sell, lend, or otherwise transfer your credentials, (c) to immediately notify us at Contact@RentalApplication.ai of any unauthorized use, suspected compromise, or security incident affecting your account, 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.

4.4 No Automated Access; No Resale

Except as expressly authorized through a written Lotly application programming interface ("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. Permissible Purpose; FCRA and State-Law Compliance

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 (a) you have a permissible purpose under FCRA § 604, (b) you have obtained the Applicant's written authorization to procure the Consumer Report, (c) you will use the Consumer Report only for the certified permissible purpose, (d) you will use the Consumer Report one time only and will not retain, store, redistribute, or share it for any other purpose, except to the extent that retention, storage, or limited internal reference is reasonably necessary for (i) recordkeeping required by FCRA § 1681c, the Federal Trade Commission Disposal Rule (16 C.F.R. Part 682), or analogous federal, state, or local law; (ii) audit, accounting, dispute-resolution, or litigation-hold obligations; (iii) reasonable reference during the duration of an executed tenancy that resulted from the Consumer Report; or (iv) other compliance or legal obligations directly imposed on you, in each case subject to the secure-disposal requirements of the Disposal Rule and analogous law, and (e) you will comply with all applicable adverse-action requirements under FCRA § 615 and state law.

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 or our agreements with the CRAs. Such suspension may be initiated by us independently or at the direction of any CRA or regulator, and 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.

5.2 Subscriber Obligations

Subscribers are subject to the additional obligations set forth in the Landlord Subscriber Agreement, which is incorporated by reference into these Terms. Without limiting that document, Subscribers agree (a) to deliver all required FCRA and state-law disclosures to Applicants, including without limitation a standalone written disclosure that a Consumer Report may be obtained, the Consumer Financial Protection Bureau's "A Summary of Your Rights Under the Fair Credit Reporting Act," and any state-specific notices applicable to the Applicant or property; (b) to obtain the Applicant's written or electronic authorization before requesting any Consumer Report; (c) to comply with the Investigative Consumer Report disclosure requirements of FCRA § 606 and California Civil Code § 1786.16 where applicable, including the California "check-the-box" opportunity for the Applicant to receive a free copy of the report; (d) to comply with all applicable fair-housing, fair-chance-housing, source-of-income discrimination, and eviction-record-reporting laws; and (e) to comply with the Federal Trade Commission Disposal Rule, 16 C.F.R. Part 682.

5.3 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.

6. Geographic Restrictions

6.1 Excluded Jurisdictions

The Services are not currently available in, and may not be used in connection with, any property located in the States of Vermont, Massachusetts, or New York (the "Excluded Jurisdictions").

6.2 Capped-Fee Jurisdictions

In the State of Wisconsin, the State of Virginia, the City of Philadelphia, Pennsylvania, and the District of Columbia (the "Capped-Fee Jurisdictions"), the per-applicant fee charged through the Services is automatically capped at the maximum permitted by applicable law (currently $25.00 in Wisconsin and $50.00 in Virginia, Philadelphia, and the District of Columbia). The Platform will display an onboarding notice identifying the applicable jurisdiction, the underlying state or local law, and the resulting plan and pricing restrictions.

6.3 Updates to Restrictions

We may add, remove, or modify the list of Excluded Jurisdictions and Capped-Fee Jurisdictions from time to time, including in response to changes in applicable law. The current list will be maintained on the Services at a URL designated by us. Continued use of the Services after the effective date of any such update constitutes acceptance.

6.4 User Responsibility for Compliance

Federal, state, county, and municipal laws governing rental applications, tenant screening, application fees, screening fees, fair housing, fair-chance housing, source-of-income discrimination, eviction-record reporting, and related matters are extensive, vary by jurisdiction, and change frequently. Our designation of Excluded Jurisdictions and Capped-Fee Jurisdictions reflects our good-faith assessment of certain laws as of the date stated above and is not a comprehensive legal opinion or legal advice. You are solely and independently responsible for identifying, monitoring, and complying with all federal, state, county, and municipal laws applicable to your use of the Services, including laws not specifically referenced in these Terms. You should consult qualified legal counsel of your own choosing regarding your compliance obligations. Your reliance on our designations does not relieve you of, or transfer to us, any compliance obligation imposed on you by applicable law. We do not monitor, audit, supervise, or enforce compliance with jurisdiction-specific requirements on your behalf, and our provision of the Services does not constitute a representation that your use of the Services in any particular jurisdiction is lawful.

7. Pricing, Payment, and Refunds

7.1 Pricing

Pricing for the Services is presented within the Services and is provided on a pay-as-you-go and à la carte basis. There is no monthly subscription, no minimum commitment, and no long-term contract unless separately agreed in writing. Pricing for any specific plan, à la carte add-on, or rush surcharge is the price displayed at the time of order. We may change pricing from time to time on not less than thirty (30) days' prior notice for non-promotional, non-CRA-pass-through changes; pass-through changes from CRAs (such as legislative recovery fees or third-party royalty increases) and changes required by law may be effective immediately upon posting.

7.2 Payment Authorization

You authorize us and our payment processor to charge your designated payment method for all amounts owed at the time of each transaction, plus any applicable taxes. 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 Section 7.4. Consumer Reports, once generated, are non-returnable, and all sales are final. We do not refund Consumer Reports based on the substantive contents of the report (for example, the presence of negative information about an Applicant), the Applicant's withdrawal after a report is generated, or the Subscriber's subsequent decision not to lease the property.

7.4 Limited Refunds

If a Consumer Report cannot be produced for reasons attributable to us (for example, an irrecoverable system failure on our side), or if an Applicant abandons the application before any Consumer Report is generated, we will refund the successfully charged amount within seven (7) business days.

7.5 No Responsibility for Rental Transactions

RentalApplication.ai is not a party to, and bears no responsibility for, any rental transaction, lease agreement, holding-deposit, security-deposit, or other transfer of funds between an Applicant and a Subscriber. We do not collect, hold, or escrow rent or deposits, and we do not guarantee that any Subscriber will execute a lease, return a deposit, or otherwise perform any obligation. Applicants are solely responsible for verifying the legitimacy of a Subscriber and any property, listing, or rental opportunity before transmitting funds or signing a lease off-platform.

7.6 Chargebacks; Fraud and Scam-Listing Disputes

You agree to make a good-faith effort to resolve any payment dispute with us by contacting Contact@RentalApplication.ai before initiating a chargeback, payment-network dispute, or reversal with your card issuer or bank. We reserve the right, to the fullest extent permitted by law and applicable card-network rules, to (a) contest any chargeback we believe to be unsubstantiated by submitting evidence and documentation to your card issuer or payment network; (b) recover from you any chargeback fees, dispute-handling costs, and reasonable attorneys' fees actually incurred; (c) suspend your account during any chargeback investigation; and (d) recover the underlying amount as a debt if a chargeback is reversed. Nothing in this Section 7.6 limits any right you have under applicable law or card-network rules to dispute a charge in good faith. Submission of a chargeback does not relieve you of your contractual payment obligations under these Terms; amounts disputed remain due and payable, and the underlying contractual obligation survives any chargeback regardless of its outcome. Allegations that a Subscriber's listing was a "scam" or that a Subscriber misrepresented a property are matters between the Applicant and the Subscriber; while we will cooperate with law-enforcement and provide records as required by law, the existence of such an allegation does not, by itself, entitle the Applicant to a refund of fees paid for Services that were performed.

7.7 Taxes

Prices do not include taxes unless expressly stated. You are responsible for all sales, use, value-added, and similar taxes (other than taxes on our net income) arising from your use of the Services.

7.8 Past-Due Amounts

Past-due amounts accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. You are responsible for all costs of collection, including reasonable attorneys' fees.

8. AI Reference-Call Tool

8.1 Service Description

The Services include an AI-assisted prior-landlord reference-call tool that the Subscriber may use to place outbound telephone calls to references identified by the Subscriber or by the Applicant (such as previous landlords). The Subscriber configures the questions the AI agent asks; the AI agent reads those questions to the contacted reference and records the responses. Telephony and AI conversational technology for these calls is provided by our Reference-Call Service Provider (Vosy). Calls are recorded and transcribed (where lawful) and the recording, transcript, and any AI-generated summary are delivered to the Subscriber.

8.2 Reference Calls Are Subscriber-Configured Tooling, Not a Consumer Report Furnished by Us

The reference-call output (recording, transcript, and AI-generated summary) is data collected by the Subscriber, with the Applicant's consent, using a tool we and the Reference-Call Service Provider make available. Neither RentalApplication.ai nor the Reference-Call Service Provider furnishes the reference-call output as a Consumer Report; neither acts as a consumer reporting agency in providing this Service. The reference-call output is not a Consumer Report under FCRA § 603(d), is not a substitute for any Consumer Report, and may not be used by the Subscriber as the basis for an adverse-action decision under FCRA § 615 (adverse-action decisions must rest on the underlying Consumer Report furnished by an originating CRA — see Privacy Policy §4.4 and Terms §3 for the Subscriber-side restrictions on Derived Data). Subscribers remain responsible for (a) obtaining the Applicant's consent to contact references and to record the call, (b) complying with the federal Wiretap Act and any state two-party / all-party call-recording statute applicable to the call (see Section 8.3), and (c) any state-specific disclosure requirements that apply to the Subscriber's own collection of reference information.

8.3 Call Recording and Wiretap Compliance

Where call recording is permitted by law, calls are recorded for the purposes described above. We comply with applicable federal and state wiretap and call-recording laws, including without limitation the federal Wiretap Act, 18 U.S.C. § 2510 et seq., the California Invasion of Privacy Act, the Illinois Eavesdropping Statute, and other "two-party-consent" or "all-party-consent" jurisdictions. Subscribers shall obtain, and represent and warrant that they have obtained, from the Applicant (a) prior written authorization for the Subscriber and its designees to contact references identified by or on behalf of the Applicant, and (b) prior written consent for the recording of any such call, together with any additional consents required by the law of the jurisdiction where the call is placed or received. Reference contact information supplied to us must have been lawfully obtained. Subscribers shall not use the AI Reference-Call Tool to call any person for whom they cannot demonstrate, if audited, that these consents were obtained; use of the AI Reference-Call Tool without demonstrable Applicant authorization for both reference contact and call recording is a material breach of these Terms and of the Landlord Subscriber Agreement.

8.7 No Training on Reference-Communication Data

We do not use call recordings, transcripts, AI-generated summaries, or any other Reference-Communication content collected through the AI Reference-Call Tool to train, fine-tune, evaluate, validate, or otherwise improve any consumer-facing, general-purpose, cross-customer, or foundational artificial-intelligence, machine-learning, or large-language-model system, and we require, by contract, that the Reference-Call Service Provider and any AI subprocessor engaged for these calls impose the same restriction. Reference-Communication content is used only to (a) deliver the recording, transcript, and AI-generated summary to the Subscriber that placed the call, (b) troubleshoot and secure the Services with respect to that Subscriber, (c) comply with legal, regulatory, and audit obligations, and (d) prevent, detect, or investigate misuse of the Services. Nothing in this Section 8.7 restricts our use of aggregated, de-identified operational metrics (call volume, latency, error rates, etc.) that do not identify any Applicant, Subscriber, or reference.

8.4 AI Output Quality Disclaimer

Outputs produced by our AI agent — including transcripts, summaries, sentiment characterizations, classifications, and any other automated synthesis of reference-call content — may be inaccurate, incomplete, outdated, biased, or otherwise unreliable. AI systems can hallucinate, mishear, mistranscribe, misattribute statements, and fail to capture nuance. Outputs are provided for the Subscriber's convenience as a starting point for review; they are not factual determinations and they are not a substitute for the Subscriber's independent verification. The Subscriber must independently evaluate any AI-generated output before relying on it for any tenancy decision and should review the underlying call recording or transcript where available. We make no representation or warranty as to the accuracy, completeness, currency, fitness, or freedom-from-bias of any AI-generated output, and we expressly disclaim all such warranties. AI-generated output is not legal advice and is not a substitute for legal, financial, or professional advice.

Subscribers acknowledge that AI-generated outputs are inherently non-deterministic and may vary between identical or near-identical inputs and over time as the underlying models, prompts, training data, providers, or post-processing logic are updated, replaced, or fine-tuned. Such variability is a property of generative AI systems and does not, by itself, constitute an error, defect, breach, or non-conformity in the Services. We make no representation or warranty that any specific output will be reproduced if the same input is submitted again, that outputs will remain consistent across model versions, or that previously-generated outputs will continue to be available in any particular format. Subscribers may not bring any claim premised on output drift, model versioning, or inter-output inconsistency.

8.5 Automated Decisioning Disclosure; No AI Eligibility Determinations

Our AI agent assists in collecting and synthesizing reference information; it does not, by itself, make tenancy decisions. The AI agent does not generate, and is not designed to generate, eligibility recommendations, tenancy scores, approve/deny suggestions, deposit-multiplier recommendations, fair-housing classifications, or any other form of eligibility determination regarding any Applicant. AI-generated transcripts, summaries, and characterizations are content-organization aids only; the substantive evaluation of an Applicant — including any decision to approve, deny, condition, or defer a tenancy — is performed exclusively by the Subscriber, applying the Subscriber's own written, objective screening criteria and applicable law. Final tenancy decisions remain the sole responsibility of the Subscriber. We comply with applicable laws governing the use of artificial intelligence and automated decisioning in housing decisions, including without limitation California AB 2930, the Colorado AI Act, Illinois HB 3773, the New York City Automated Employment Decision Tool law where applicable, and analogous laws in other jurisdictions, and we make available such notices and bias-audit disclosures as may be required by law.

8.6 Biometric Information

We do not collect, generate, store, or use biometric identifiers or biometric information (as those terms are defined under the Illinois Biometric Information Privacy Act, 740 ILCS 14/, the Texas Capture or Use of Biometric Identifier Act, the Washington biometric-privacy statute, the New York City biometric-identifier-information disclosure law, the Colorado Privacy Act's sensitive-data provisions, and analogous laws) through the AI agent, including without limitation by inference, extraction, derivation, scoring, classification, or any other form of analysis of voice characteristics, facial features, or other biological or behavioral traits captured in a call recording, video, photograph, document upload, or other media submitted to the Services. Call recordings are not used to create voice prints, facial templates, or any other biometric identifier or biometric information without separate, opt-in written notice and consent that meets the requirements of applicable biometric-privacy law.

9. Acceptable Use; Prohibited Conduct

You agree not to, and not to permit any third party to:

• use the Services to violate any law, regulation, or third-party right, including without limitation the FCRA, the Equal Credit Opportunity Act, the Fair Housing Act, the Americans with Disabilities Act, state and local fair-housing laws, fair-chance housing laws, source-of-income laws, or eviction-record laws;
• resell, redistribute, sublicense, share, or commingle Consumer Reports or any data derived therefrom, except as expressly permitted in the Landlord Subscriber Agreement;
• use the Services to create, augment, train, validate, or maintain any database, model, score, statistical compilation, or other compilation of consumer information;
• use the Services for, or facilitate, any unlawful discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, disability, age, marital status, source of income, lawful occupation, ancestry, military or veteran status, or any other characteristic protected by federal, state, or local law;
• reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or trade secrets underlying the Services;
• access or use the Services through bots, scrapers, crawlers, or other automated means without our prior written consent;
• introduce viruses, worms, malware, ransomware, or other malicious code into the Services;
• attempt to gain unauthorized access to the Services, other accounts, or our systems;
• impersonate any person or entity or misrepresent your affiliation, ownership of a property, or authority to lease;
• submit Applicant information you do not have lawful authorization to process;
• use the Services to harass, defame, threaten, or harm any person;
• attempt to circumvent the Excluded Jurisdiction or Capped-Fee Jurisdiction restrictions in Section 6, including by misrepresenting property location;
• use the Services in violation of U.S. economic-sanctions laws, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), or while located in or organized under the laws of any country or territory subject to comprehensive U.S. sanctions; or
• encourage, assist, or enable any third party to do any of the foregoing.

We may, in our sole discretion and without prior notice, investigate, suspend, terminate, or restrict access to the Services in response to any actual or suspected violation of this Section 9.

10. Privacy and Data Handling

10.1 Privacy Policy

Our collection, use, disclosure, and protection of personal information through the Services is described in our Privacy Policy, which is incorporated by reference. Please review the Privacy Policy carefully.

10.2 GLBA Notice

Because the Services include the procurement and delivery of Consumer Reports that may include nonpublic personal information from financial institutions, certain information collected and disclosed through the Services is subject to the federal Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., and the regulations promulgated thereunder. Our GLBA Privacy Notice is available within the Privacy Policy or upon request.

10.3 Third-Party Data Providers

Consumer Report data is sourced from third-party CRAs, including those identified in Section 1. By using the Services, you acknowledge that data accuracy and completeness depend in part on data furnished by these third parties, and that the CRAs' own terms, policies, and dispute procedures apply to the data they provide.

10.4 Electronic Communications; ESIGN Act Consent

You consent to receive communications from us electronically, including by email and through the Services, and you agree that all notices, disclosures, agreements, electronic signatures, authorizations, and other communications we provide to or receive from you electronically satisfy any legal requirement that such communications be in writing or signed. This consent is given pursuant to the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. ("ESIGN"), and the Uniform Electronic Transactions Act ("UETA") as enacted in California and any other applicable state. You acknowledge that you can access electronic records in the formats we use (HTML, PDF, plain-text email) and that you have provided a current email address. You may withdraw your consent to receive electronic communications by contacting us at Contact@RentalApplication.ai; however, withdrawal of consent will result in termination of your account because the Services are designed to operate exclusively through electronic delivery. You may obtain a paper copy of any electronic record we are required to retain by contacting us at the same address; we may charge a reasonable fee to cover reproduction and delivery costs unless prohibited by law. To update the email address on your account, log in and update your account profile or contact us.

11. Intellectual Property

11.1 Our IP

The Services and all Content are owned by Lotly Software LLC or its licensors and are protected by U.S. and international copyright, trademark, patent, trade-secret, and other intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for the purposes contemplated by these Terms.

11.2 Trademarks

"Lotly," "RentalApplication.ai," and our logos are trademarks of Lotly Software LLC. "TransUnion," "ResidentScore," "FICO," "Asurint," "Pinwheel," "Vosy," "Plaid," "Argyle," and other third-party names and logos referenced in the Services are trademarks of their respective owners. Nothing in these Terms grants you any right to use these marks without prior written permission of the owner.

11.3 Feedback

If you provide us with suggestions, feedback, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without obligation or compensation to you.

11.4 DMCA / Copyright Infringement Notices

We respect intellectual-property rights. If you believe that material accessible on or through the Services infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, by contacting our designated agent at Contact@RentalApplication.ai. Your notice must include all information required by the DMCA. We may, in appropriate circumstances, terminate accounts of users who are repeat infringers.

12. User Submissions; Data Use, Retention, and Reuse

12.1 User Content License

You retain ownership of content and information you submit to the Services ("User Content"), including Applicant information that you are authorized to submit. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use User Content as necessary to provide and improve the Services, comply with law, enforce these Terms, and respond to disputes. You represent and warrant that you have all rights, consents, and authorizations necessary to submit User Content and to grant us this license.

12.2 No Cross-Subscriber Sharing of Reports

Consumer Reports are generated for, and delivered to, the specific Subscriber that ordered them. We do not share, resell, or otherwise transmit a Subscriber's Consumer Report to any other Subscriber, landlord, or third party except as required by law, in response to a lawful subpoena or governmental request, or as expressly authorized by the Applicant in writing. An Applicant may, at the Applicant's option and through Applicant-controlled features of the Services, elect to reuse a previously-generated Consumer Report for a separate tenancy decision with a different Subscriber within the period permitted by FCRA and applicable state law; any such reuse is subject to the same permissible-purpose, disclosure, authorization, and adverse-action obligations on the receiving Subscriber.

12.3 Retention

We retain account records, transactional records, Consumer Reports, audit logs, and call recordings for the periods required by FCRA, the Federal Trade Commission Disposal Rule (16 C.F.R. Part 682), our agreements with the CRAs, applicable state law, and our legitimate business needs (including audit, dispute resolution, fraud prevention, and defense of legal claims). Specific retention periods for major data categories are described in the Privacy Policy. After the applicable retention period, records are securely destroyed or anonymized in compliance with the Disposal Rule.

12.4 Aggregate and De-Identified Data

We may create aggregate or de-identified data sets from User Content for purposes such as service improvement, fraud detection, capacity planning, security research, and product analytics. Aggregate and de-identified data sets do not identify any individual and are not Consumer Reports.

12.5 Disclosures to Third Parties

We disclose User Content to third parties only as described in the Privacy Policy, which currently includes (a) the CRAs and other data providers necessary to procure Consumer Reports; (b) payment processors; (c) email and telecommunications providers; (d) cloud-hosting providers under written confidentiality and security obligations; (e) professional advisors; (f) law-enforcement and regulators in response to lawful requests; and (g) successors in interest in connection with a merger, acquisition, financing, or sale of substantially all of our assets, subject to confidentiality protections.

13. Third-Party Services and Links

The Services may contain links to or integrations with third-party websites, applications, or services that we do not own or control. We are not responsible for the content, policies, practices, availability, or accuracy of any third-party services, and your use of any third-party services is subject to their own terms and policies. The CRAs and other third-party data providers identified in Section 1 are independent companies; their data, terms, and dispute procedures govern the data they furnish.

14. Suspension and Termination; Fraud Investigation

14.1 By Us

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and in our sole discretion, with or without notice, including if (a) you breach these Terms or the Landlord Subscriber Agreement; (b) we reasonably believe your account has been compromised; (c) you are the subject of a regulatory or law-enforcement inquiry; (d) a CRA has directed us to suspend or terminate your access; (e) your continued use poses a risk to consumers, the CRAs, or us; or (f) we are required to do so by law.

14.2 Fraud Investigation; Cooperation with Authorities

We reserve the right to investigate any actual or suspected fraud, identity theft, scam listing, payment fraud, account takeover, FCRA violation, fair-housing violation, or other unlawful activity involving the Services. In connection with any such investigation, we may (a) review account activity, system logs, communications, payment records, and call recordings; (b) request additional documentation from any User; (c) suspend or restrict access pending investigation; (d) refer the matter to law enforcement, the CRAs, or any applicable regulator; and (e) cooperate with any law-enforcement, regulatory, or judicial process, including by responding to subpoenas, court orders, or administrative requests, and by sharing information with the Federal Bureau of Investigation Internet Crime Complaint Center, the Federal Trade Commission, the CFPB, state attorneys general, and local law-enforcement agencies, in each case as we believe in good faith is necessary or appropriate.

14.3 By You

You may stop using the Services and close your account at any time by contacting us at Contact@RentalApplication.ai. Closing your account does not relieve you of any payment obligations incurred before closure.

14.4 Effect of Termination

Upon termination, your right to access and use the Services ceases. The following sections survive termination: 1, 2, 3, 5.3, 7.3 through 7.8, 8.4, 9, 10, 11, 12, 13, 14.4, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26. We may retain User Content and account records to the extent required by law, regulation, contract with a CRA, or our legitimate business purposes (such as audit, dispute resolution, fraud prevention, and legal compliance).

15. Disclaimers; No Warranty; No Legal Advice; Security; Experimental Features

15.1 General Disclaimer

THE SERVICES, INCLUDING ALL CONSUMER REPORTS, AI-GENERATED OUTPUTS, AND CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE CRAs 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.

15.2 No Warranty on Underlying Data

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (a) ANY CREDIT-BUREAU DATA IS ACCURATE, CURRENT, OR COMPLETE; (b) ANY CRIMINAL-RECORD OR HOUSING-COURT-RECORD SEARCH IS COMPLETE OR INCLUDES ALL JURISDICTIONS RELEVANT TO AN APPLICANT; (c) ANY IDENTITY-VERIFICATION RESULT IS FREE FROM FALSE POSITIVES OR FALSE NEGATIVES; (d) ANY INCOME OR EMPLOYMENT VERIFICATION REFLECTS THE APPLICANT'S CURRENT FINANCIAL STATUS; (e) ANY AI-GENERATED TRANSCRIPT, SUMMARY, OR CHARACTERIZATION IS ACCURATE OR FREE FROM HALLUCINATION; OR (f) ANY SUBSCRIBER OR APPLICANT IS WHO THEY REPRESENT THEMSELVES TO BE. CONSUMER REPORTS ARE COMPILED FROM THIRD-PARTY AND PUBLIC-RECORD SOURCES; THE THIRD-PARTY CRAs AND DATA PROVIDERS, AND NOT RENTALAPPLICATION.AI, ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE DATA THEY FURNISH, subject to the dispute and reinvestigation procedures described in Section 2.5 and applicable law. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE IN RELIANCE ON THE SERVICES. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15.3 No Legal, Financial, or Professional Advice

The Services do not constitute legal advice, financial advice, real-estate advice, tax advice, fair-housing counseling, FCRA-compliance counseling, or any other form of professional advice. No content within the Services — including form letters, adverse-action notice templates, screening-criteria suggestions, jurisdiction-restriction flags, AI-generated summaries, knowledge-base articles, or compliance cues displayed within the Subscriber dashboard — is a substitute for advice from qualified counsel of your own choosing. Reliance on any compliance cue or template provided through the Services is at your own risk and does not establish an attorney-client, fiduciary, or advisory relationship with us. You should consult qualified legal, financial, and real-estate professionals regarding your specific circumstances.

15.4 Security; No Guarantee of Absolute Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect User Content and personal information, as further described in our Privacy Policy. However, no system, service, or transmission is or can be made absolutely secure. We do not warrant or represent that the Services are free from unauthorized access, security flaws, vulnerabilities, malware, intrusion attempts, denial-of-service events, social-engineering attacks, supply-chain compromises, or data exfiltration, and we expressly disclaim any such warranty. You are responsible for (a) safeguarding your own account credentials, devices, networks, and copies of any data you download from the Services; (b) using strong, unique passwords and any multi-factor-authentication features we make available; (c) maintaining current anti-malware and operating-system protections on devices used to access the Services; (d) preventing unauthorized persons from accessing accounts under your control; and (e) promptly notifying us of any suspected compromise. To the fullest extent permitted by law, we are not liable for any loss, damage, or unauthorized disclosure resulting from the failure of any party — including us — to prevent every possible security incident, except to the extent such liability cannot be disclaimed under applicable law.

15.5 Experimental, Beta, and Preview Features

From time to time we may make available certain features of the Services labeled or otherwise identified as "alpha," "beta," "preview," "experimental," "limited release," "early access," or with similar designations ("Beta Features"). Beta Features are provided for evaluation purposes only and are experimental, evolving, and may be modified, suspended, throttled, replaced, or removed at any time without notice, and without liability to you. Beta Features may contain bugs, errors, and incomplete functionality; may produce inaccurate results; may not be supported; and may be subject to additional terms presented at the time of access. Output from Beta Features is informational only and must be independently verified before being relied upon for any tenancy or compliance decision. We reserve the right to require you to discontinue use of any Beta Feature at any time. Use of Beta Features is at your sole discretion and risk.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WE OR THE CRAs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST RENTS, LOST GOODWILL, REPUTATIONAL HARM, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, REGARDLESS OF THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND APPLY EXPRESSLY TO CLAIMS ARISING FROM OR RELATING TO (1) DATA ERRORS, INCLUDING ERRORS IN CREDIT, CRIMINAL, HOUSING-COURT, IDENTITY, OR INCOME DATA; (2) AI OUTPUTS; (3) TENANCY OR LEASING DECISIONS, INCLUDING DECISIONS TO RENT, DECLINE TO RENT, RAISE A DEPOSIT, OR REQUIRE A CO-SIGNER; (4) APPLICANT OUTCOMES, INCLUDING ANY HOUSING OPPORTUNITY OR THE ABSENCE THEREOF; (5) FRAUD OR MISREPRESENTATION BY ANOTHER USER; (6) FAILURE OR DOWNTIME OF THE SERVICES; AND (7) REGULATORY ENFORCEMENT ACTIONS, INVESTIGATIONS, FINES, PENALTIES, RESTITUTION, DISGORGEMENT, OR CONSENT-DECREE OBLIGATIONS IMPOSED ON YOU BY ANY FEDERAL, STATE, OR LOCAL AGENCY OR REGULATOR — INCLUDING WITHOUT LIMITATION THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE FEDERAL TRADE COMMISSION, THE CONSUMER FINANCIAL PROTECTION BUREAU, ANY STATE ATTORNEY GENERAL, ANY STATE OR LOCAL FAIR-HOUSING AGENCY, AND ANY MUNICIPAL HOUSING AUTHORITY — ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER THE ENFORCEMENT ACTION ALSO NAMES OR INVOLVES US. THE LIMITATIONS IN THIS SECTION APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN PART; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless Lotly Software LLC, its affiliates, and each of their respective officers, directors, employees, agents, and licensors, and (as third-party beneficiaries) the CRAs, from and against any and all third-party claims, demands, actions, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Services; (b) your User Content; (c) your breach of these Terms or the Landlord Subscriber Agreement; (d) your violation of any law, including without limitation the FCRA, GLBA, the Fair Housing Act, the Equal Credit Opportunity Act, fair-chance-housing laws, source-of-income laws, eviction-record laws, ESIGN, UETA, or wiretap and call-recording laws; (e) any tenancy decision, adverse action, lease execution, deposit handling, or other action you take in reliance on the Services; (f) any actual or alleged unlawful discrimination by you on the basis of any characteristic protected by law; (g) any misuse, redistribution, or unauthorized retention of any Consumer Report; or (h) your gross negligence, willful misconduct, fraud, or unlawful conduct. We may, at our option and at your expense, assume control of the defense of any indemnified claim, in which case you will cooperate fully with us. You may not settle any indemnified claim without our prior written consent if the settlement imposes any obligation on us other than payment of amounts subject to indemnification.

18. CRAs as Third-Party Beneficiaries

You acknowledge and agree that the CRAs are intended third-party beneficiaries of Sections 2, 3, 5, 6, 8, 9, 10, 12, 15, 16, and 17 of these Terms, and may enforce those provisions directly against you.

19. API and Automation Services

If we make application programming interfaces, webhooks, integrations, or other automated-access mechanisms available to you under a separate written API agreement, the following additional terms apply:

19.1 No Uptime or Service-Level Guarantee

Unless expressly stated in a written service-level agreement signed by both parties, we do not guarantee any specific level of availability, uptime, throughput, latency, or response time for the API. The API is provided on an "as available" basis and may be subject to scheduled maintenance, emergency maintenance, third-party CRA outages, internet-routing problems, denial-of-service attacks, and other events outside our control.

19.2 No Data-Synchronization Guarantee

We do not guarantee that data delivered through the API will be received by you, processed by your systems, or remain in synchronization with the data we hold. You are responsible for implementing reasonable retry, idempotency, error-handling, and reconciliation logic in your integration. Webhooks may be delayed, duplicated, dropped, or delivered out of order.

19.3 Rate Limits and Throttling

We may rate-limit, throttle, or temporarily suspend API access at any time and in our sole discretion to protect the integrity, security, or availability of the Services or to comply with our agreements with the CRAs.

19.4 Deprecation

We may deprecate, change, or discontinue any API or API endpoint with the notice period set forth in the applicable API agreement, or, if no period is specified, on at least sixty (60) days' notice (or shorter notice if required by law, by a CRA, or to address a security or compliance issue).

20. 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 upon notice. Continued use of the Services after the effective date of any update constitutes acceptance of the updated Terms. If you do not agree to an updated version, your sole remedy is to stop using the Services.

21. Multi-State Enforceability; Severability; Waiver

We market and provide the Services to Users throughout the United States. These Terms are intended to be valid, binding, and enforceable in every U.S. state, U.S. territory, and the District of Columbia. If any provision of these Terms, with respect to any particular jurisdiction, is held invalid, illegal, or unenforceable, that provision will, to the extent permitted, be reformed within that jurisdiction to the minimum extent necessary to make it enforceable while preserving the parties' intent, and will otherwise remain in full force in all other jurisdictions and as to all other matters. Where the law of a User's state requires the application of that state's substantive law to a particular issue, that state's law will govern that particular issue, but will not displace the choice-of-law provision in Section 24 as to other matters. No waiver of any provision is effective unless in writing and signed by the waiving party.

22. Notices

All notices to us must be in writing and sent to: 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 postal address on file in your account or, in the case of casual website visitors, by posting to the Services. Notices are deemed given upon delivery and, in the case of email, upon transmission absent a bounce-back.

23. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms in whole or in part without your consent, including in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.

24. Governing Law; Dispute Resolution

24.1 Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), governs the interpretation and enforcement of the arbitration provisions in Sections 24.3 through 24.7, and the parties expressly agree that the FAA preempts any state-law rule that would otherwise impair the enforceability of those provisions. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

24.2 Informal Dispute Resolution

Before filing any arbitration or legal proceeding, you agree to first contact us at Contact@RentalApplication.ai with a written description of the dispute and a proposed resolution, and to engage in good-faith discussions for at least sixty (60) days. Many disputes can be resolved informally and quickly through this process. The 60-day informal-resolution period is a condition precedent to commencing arbitration; an arbitration demand filed without satisfying this Section 24.2 may be dismissed or stayed pending compliance.

24.3 Binding Arbitration

READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Except as set forth in Section 24.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved through informal dispute resolution will be resolved by binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules, by a single arbitrator. The seat of arbitration is Clark County, Nevada. The arbitration will be conducted by videoconference unless both parties mutually agree in writing to in-person arbitration, in which case in-person arbitration will be held in Clark County, Nevada, or another location mutually agreed in writing. The FAA governs the interpretation and enforcement of this arbitration provision. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute about the formation, scope, interpretation, applicability, enforceability, or arbitrability of this arbitration agreement, except that the enforceability of the class-action waiver in Section 24.4 and the mass-arbitration protocol in Section 24.7 is for a court to decide. Judgment on the award may be entered in any court of competent jurisdiction.

24.4 Class-Action Waiver

YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, MASS (except as expressly provided in Section 24.7), CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. All disputes will be resolved on an individual basis only. The arbitrator may not consolidate the claims of multiple parties or preside over any form of representative or class proceeding (other than the batched proceedings expressly permitted in Section 24.7). If a court of competent jurisdiction holds this class-action waiver to be unenforceable as to any particular claim, that claim will be severed from the arbitration and may proceed in court, and the remaining claims will continue in arbitration on an individual basis.

24.5 Carve-Outs; Venue for Non-Arbitrable Matters

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court if the dispute qualifies under that court's rules, and (b) seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights, Confidential Information, or rights pending arbitration. For any matter that is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada, and waive any objection based on improper venue or forum non conveniens.

Statutory Carve-Outs. Nothing in this Section 24 requires arbitration of, or waives, any claim that applicable federal or state law prohibits from being arbitrated or subjected to a class-action waiver, including without limitation: (i) claims of sexual assault or sexual harassment covered by the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402 ("EFAA"), which you may elect to bring in court notwithstanding this Section; (ii) claims for public injunctive relief that, under governing state law, may not be waived by a pre-dispute agreement; (iii) representative claims that a court of competent jurisdiction determines are non-waivable under a state's public-enforcement statutes, including without limitation representative claims under the California Private Attorneys General Act, Cal. Lab. Code §§ 2698 et seq. ("PAGA"), to the extent PAGA is deemed applicable and non-waivable; and (iv) any consumer's private right of action, or right to participate in a class action, arising under the federal Fair Credit Reporting Act (including without limitation 15 U.S.C. §§ 1681n, 1681o, and 1681p) or analogous state consumer-protection statutes to the extent such right is deemed non-waivable. Where any such claim survives this Section 24, it shall proceed in a court of competent jurisdiction, and the remainder of this Section 24 shall continue to apply to all other claims.

Consumer Home-State Election. If you are a consumer (a natural person accessing the Services primarily for personal, family, or household purposes, including without limitation as an Applicant), you may, at your election and notwithstanding the choice-of-law and venue provisions in Sections 24.1 and 24.5, bring an individual claim against us in the small-claims court or general trial court of your home state or county of residence for claims within that court's subject-matter and jurisdictional limits. This election is at your option; nothing in this paragraph requires you to use these courts if you would prefer arbitration under the other provisions of this Section 24.

24.6 Opt-Out Right

You have the right to opt out of the arbitration agreement and class-action waiver in this Section 24 by sending a written notice of opt-out to Contact@RentalApplication.ai within thirty (30) days after first accepting these Terms. The opt-out notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

24.7 Mass-Arbitration Protocol; Batched Proceedings

If twenty-five (25) or more substantively similar arbitration demands are filed against us by or with the coordination of the same counsel, law firm, or coordinated group of counsel within any ninety (90)-day period (a "Mass Filing"), the parties agree that the following procedures apply, notwithstanding any inconsistent provision of the JAMS rules:

1. Batching. The arbitration provider shall organize the demands into sequential batches of no more than twenty-five (25) demands per batch (each, a "Batch"), assigned in the order received.
2. Single Arbitrator per Batch. A single arbitrator shall be appointed for each Batch and shall hear that Batch as a coordinated proceeding for the limited purpose of resolving common factual or legal issues and conducting bellwether arbitrations selected by the parties.
3. Per-Batch Fees. Filing fees, administrative fees, and arbitrator fees for the Mass Filing shall be assessed on a per-Batch basis (not per individual demand). We shall pay our share of fees in accordance with the applicable JAMS consumer rules; you shall pay your share, and the arbitrator may reallocate fees in the final award consistent with applicable law.
4. Bellwether Arbitrations. Each side shall select up to five (5) demands per Batch to proceed as bellwether arbitrations. Demands not selected as bellwethers are stayed until the bellwethers conclude.
5. Mediation Window. After three (3) Batches have been adjudicated to final award (or a total of fifteen (15) bellwether arbitrations, whichever occurs first), the parties shall engage in good-faith mediation, administered by a mediator mutually agreed or otherwise selected by JAMS, regarding the remaining stayed demands. Mediation shall last not less than thirty (30) days and not more than ninety (90) days unless extended by mutual agreement.
6. Continuation If Mediation Fails. If mediation does not resolve the remaining demands, the parties shall proceed with the next Batch under the same procedures, and the cycle repeats until all demands are resolved.
7. Tolling. All applicable statutes of limitations and contractual time-bars are tolled for any individual demand from the date the demand is filed until the demand is dismissed, withdrawn, settled, or proceeds to arbitration in its assigned Batch.
8. Severability. If a court of competent jurisdiction holds any provision of this Section 24.7 unenforceable as applied to a particular Mass Filing, that holding shall not invalidate the remainder of this arbitration agreement, which shall continue in effect on an individual basis.

This Section 24.7 is intended to provide an orderly, fair, efficient, and economical procedure for handling Mass Filings while preserving each party's right to a substantively fair adjudication on the merits. It does not waive, diminish, or impair any party's substantive rights.

25. Export and Sanctions Compliance

The Services are provided from the United States and are intended for use by persons and entities located in the United States. You may not access or use the Services if you are located in, organized under the laws of, or a national of any country or territory subject to comprehensive U.S. economic sanctions, or if you are an individual or entity identified on any U.S. government list of restricted parties (including the OFAC Specially Designated Nationals List). By using the Services, you represent and warrant that none of the foregoing applies to you.

26. General Provisions

26.1 Independent Contractors

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship.

26.2 Force Majeure

Neither party will be liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, governmental actions, war, terrorism, civil unrest, labor disputes, internet or utility outages, cyberattacks, or pandemics.

26.3 No Third-Party Beneficiaries

Except as expressly stated in Section 18 with respect to the CRAs, these Terms are for the sole benefit of the parties and create no rights in or for any third party.

26.4 Headings

Headings are for convenience only and do not affect interpretation.

26.5 Entire Agreement

These Terms, together with the Landlord Subscriber Agreement (where applicable), the Privacy Policy, the Applicant Terms (where applicable), and any pricing schedule, order form, or written addendum referenced in or executed under any of the foregoing, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings on the subject matter.

26.6 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.

26.7 Contact

Lotly Software LLC d/b/a RentalApplication.ai · 5754 Lonetree Blvd, Rocklin, CA 95765 · Contact@RentalApplication.ai