LEGAL

Acceptable Use Policy

This Acceptable Use Policy (this "Policy" or "AUP") governs your use of the MHPSales.ai AI voice, text, and email agent, dashboard, and related features (the "Service"). The Service is provided by Lotly Software LLC, a Nevada limited liability company, which operates the MHPSales.ai website and service ("Company," "MHPSales," "we," "us," or "our"). The Service is operated by Lotly Software LLC and is powered by Lotly's platform. Tenant/park applications initiated through the Service are processed and screened by Lotly's screening service under Lotly's own applicant terms and FCRA disclosures; MHPSales is not a consumer reporting agency and makes no tenancy or credit decisions.

This Policy is incorporated by reference into, and is part of, the Master Services Agreement between you and Company (together with any Order Form and the Data Processing Addendum, the "Agreement"). Capitalized terms used but not defined here have the meanings given in the Agreement. Your violation of this Policy is a material breach of the Agreement and may result in suspension or termination of the Service as described in Section 6.


1. Scope, Application, and Acceptance

1.1 Who is bound. This Policy applies to the mobile-home-park owner/operator or manufactured-home dealer that subscribes to the Service ("Customer," "you") and to every employee, contractor, agent, and other individual who accesses or uses the Service through your account ("your users"). You are responsible for your users' compliance with this Policy as if their acts and omissions were your own. This Policy binds the Customer and its users; it does not, and is not intended to, impose obligations on, or create any agreement with, any individual whom the Service merely calls, texts, or emails (a "Lead") and who has not separately subscribed to or accepted the Agreement.

1.2 What the Service does. The Service uses an artificial-intelligence agent to call, text, and email the sales and rental leads and prospects you select and direct it to contact ("Leads" or "Consumers"), ingests Leads from marketplace and inbound sources you connect, records and transcribes calls, carries out the multi-day follow-up cadences you configure and authorize, books showings, and forwards park/rental applications for screening through Lotly. The Service does not select recipients or originate any outreach of its own; it acts only at your initiation, authorization, and direction. Because the Service, when you initiate and direct it, carries out high-volume, automated, AI-voice communications with Consumers around the clock and across all fifty states, your lawful and responsible use of the Service is essential.

1.3 Company is a technology provider. Company furnishes tooling. You decide whom the Service contacts, what it is configured to say, on what schedule, and whether the required legal basis for contacting each Consumer exists. Company does not determine whom to contact, the content of any solicitation, or whether consent exists.

Customer-Initiated Service. The Service is a technology tool that operates only at the Customer's initiation, authorization, and direction. Company does not select whom to contact and does not originate, place, or send any call, text message, or email to any person except as initiated, authorized, and directed by the Customer. The Customer chooses the recipients, provides and is solely responsible for all legally required consent, and initiates or approves the outreach; the Service then carries out that Customer-initiated, Customer-authorized outreach on the Customer's behalf and at the Customer's direction. Company does not independently decide to contact any individual and does not place calls of its own volition.

1.4 Acceptance. By checking the box or clicking to accept the Agreement, by executing an Order Form referencing the Agreement, or by accessing or using the Service, you agree to this Policy. The parties consent to transact by electronic means, and electronic records and signatures have the same legal effect as paper records and handwritten signatures under the ESIGN Act and applicable UETA.


2. Defined Terms

The following terms are used in this Policy consistently with the Agreement:


3. Your Compliance Responsibilities

You are the "seller" within the meaning of 47 C.F.R. § 64.1200(f)(10), the "housing provider," and the "business"/"controller" for the communications and data you direct through the Service. You are solely responsible for the lawfulness of every Lead you submit and every communication you cause the Service to make. The obligations below are conditions of your continued use of the Service; Company's suppression, disclosure, scheduling, and record-keeping features are furnished as a convenience to assist you and do not transfer any of these legal duties to Company.

Customer is solely responsible for consent. The Customer is solely responsible for obtaining, verifying, documenting, and maintaining all consents, authorizations, and permissions required by applicable law — including any prior express written consent required under the Telephone Consumer Protection Act (47 C.F.R. § 64.1200(f)(9)) and any consent required to record a communication — for every recipient the Customer selects and every communication the Customer initiates through the Service. Company does not obtain consent, does not verify or confirm consent, and does not determine whether consent exists. The Customer represents and warrants that, before it initiates or authorizes any outreach through the Service, it has obtained and holds all such consent for each recipient, and the Customer will not initiate outreach to any person for whom it lacks the required consent.

3.1 Consent (TCPA and Prior Express Written Consent)

You represent, warrant, and covenant that, for each telephone number, mobile number, or messaging address that you submit to or cause to be contacted through the Service, you have obtained and maintain all consents required by Applicable Law — including, where required, "prior express written consent" as defined in 47 C.F.R. § 64.1200(f)(9) — for the Consumer to receive autodialed, artificial-voice, AI-generated-voice, prerecorded-voice, and/or text-message communications, including advertising and telemarketing communications, from or on behalf of you. You acknowledge that a Consumer's submission of a marketplace inquiry or lead form (for example, on Facebook Marketplace, Zillow, MHVillage, or Craigslist) does not, by itself, constitute such consent. You are the "seller" under 47 C.F.R. § 64.1200(f)(10); Company acts solely as your technology provider and does not determine whom to contact, the content of any solicitation, or whether consent exists. You shall retain records evidencing consent for not less than five (5) years and shall produce them to Company promptly upon request.

As an operational compliance control, before your account can place any Customer-initiated outreach, the Service requires you to affirmatively attest — through the automated-outreach consent control in your dashboard — that you hold all consent required by Applicable Law, including prior express written consent where required, for the people the Service will contact on your behalf, and that you hold and can produce the underlying consent records. The Service records that attestation with a timestamp and the identity of the person who made it; the attestation remains in effect only while automated outreach is enabled, and turning automated outreach off revokes it. You shall attest truthfully, shall not enable (and shall promptly disable) automated outreach for any audience for which you lack the required consent, shall maintain your own records evidencing the consent you attest to, shall produce those records to Company upon request, and shall not circumvent, disable, or falsify this control. A Consumer's submission of a marketplace inquiry or lead form does not, by itself, satisfy the consent this attestation represents.

You acknowledge that, at your initiation and direction, the Service places calls using an artificial or AI-generated voice, that such calls constitute "artificial or prerecorded voice" calls under 47 U.S.C. § 227(b) and the FCC's Declaratory Ruling FCC 24-17 (CG Docket No. 23-362, rel. Feb. 8, 2024), and that such calls therefore require the called party's prior express consent (and prior express written consent where the call constitutes telemarketing). You shall not represent to any Consumer, and shall not configure the Service to represent, that such calls are exempt from the TCPA.

3.2 Do-Not-Call Lists (National, Internal, and State)

You are solely responsible for ensuring that all numbers contacted through the Service have been scrubbed against the National Do-Not-Call Registry and every applicable state do-not-call registry, except where a documented exemption (prior express written consent or an established business relationship) applies. Do-not-call scrubbing is your responsibility; to the extent the Service offers any scrubbing or suppression feature, it is furnished as a convenience and does not relieve you of, or transfer to Company, your independent duty to scrub, and you represent that you have done so.

In addition, you shall maintain a written company-specific (internal) do-not-call policy and procedures meeting the minimum standards of 47 C.F.R. § 64.1200(d), including honoring internal do-not-call requests within ten (10) business days and identifying, on each communication, your name and a telephone number or address at which you can be reached. Any suppression, identification, or record-keeping features Company provides are furnished as a convenience to assist you and do not transfer to Company any obligation of the "seller" under 47 C.F.R. § 64.1200(d).

3.3 Opt-Outs and Revocation of Consent

The Service is designed to recognize and process opt-out and revocation requests made by any reasonable means — including the words "stop," "quit," "end," "revoke," "opt out," "cancel," or "unsubscribe," whether by reply text, spoken statement during a call, or reply email — and to cease further calls and texts on the affected subject as soon as practicable and in no event later than ten (10) business days after the request, consistent with 47 C.F.R. § 64.1200(a)(10)–(11) and (d)(3). You shall not re-submit, re-import, or otherwise cause the Service to re-contact any Consumer who has opted out or revoked consent, and you are solely responsible for propagating opt-outs to any other systems you operate. You shall honor revocation by any reasonable means and shall not require any particular word, form, or channel as the exclusive method to opt out.

3.4 Calling Hours and State Telemarketing Laws

You are solely responsible for ensuring that all communications initiated through the Service occur only between 8:00 a.m. and 9:00 p.m. (or any stricter window required by applicable state law, such as the 8:00 a.m.–8:00 p.m. limits imposed by certain states) in the local time zone of the called party, not your own. Calling-window compliance is your responsibility; to the extent the Service offers a calling-window feature, it is furnished as a convenience and does not relieve you of, or transfer to Company, that duty, and you represent that you have configured your use accordingly.

In addition to federal law, you shall comply with all applicable state telephone-solicitation and "mini-TCPA" statutes, including without limitation the Florida Telephone Solicitation Act (Fla. Stat. § 501.059) and the Oklahoma Telephone Solicitation Act of 2022 (Okla. Stat. tit. 15, §§ 775C.1–775C.6), and any state do-not-call registry, calling-window, call-frequency, consent, disclosure, and telemarketer registration or bonding requirements. Where state law is stricter than federal law for a given called party, you shall configure the Service to, and shall, comply with the stricter requirement.

3.5 Caller Identification and Text-Message Rules

The Service is designed to state, at the beginning of each artificial- or AI-voice message, the identity of the business on whose behalf the call is made, and to provide a callback telephone number and, for telemarketing messages, an automated opt-out mechanism, as required by 47 C.F.R. § 64.1200(b); on voice calls, this business-identity statement is delivered through the deterministic scripted preamble described in Section 3.6. You shall provide an accurate business name and a working customer-service telephone number that accepts do-not-call requests during regular business hours, shall not disable or alter these disclosures, and shall not cause the Service to block or transmit false or misleading caller-identification information in violation of 47 U.S.C. § 227(e) or 47 C.F.R. § 64.1601(e).

All consent, opt-out, calling-time, identification, and indemnity obligations in this Policy apply equally to SMS and MMS messages, which the parties acknowledge are treated as "calls" under the TCPA (see the FCC's 2003 TCPA Order, 18 FCC Rcd 14014, and Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009)). You shall maintain accurate A2P 10DLC brand and campaign registration with The Campaign Registry and comply with the CTIA Messaging Principles and Best Practices, including supporting STOP/UNSUBSCRIBE/CANCEL and HELP keyword handling. You warrant that consent for each messaged number was obtained directly by or for you and was not purchased, rented, or shared across unaffiliated brands in violation of applicable carrier or CTIA rules. You bear all risk of carrier filtering, blocking, or throttling.

3.6 Call Recording and Transcription

You acknowledge that the Service records and transcribes calls. The Service plays a deterministic, scripted recording-and-AI-identity disclosure at the start of each recorded call leg (both inbound and outbound), before any audio is captured; this disclosure is a fixed script that does not depend on the AI model's generated output and cannot be altered or skipped by the model, and you shall not disable or modify it. You are solely responsible for obtaining any additional consent to recording required by the law of the called party's jurisdiction, including all-party (two-party) consent states. You acknowledge that recording-consent law is keyed to the location of the Consumer, not to your location or to the governing law of the Agreement, and that a number of states require the consent of all parties to record a telephone call (including, for example, California under Cal. Penal Code §§ 632 and 632.7, which carries a private right of action for statutory damages of the greater of $5,000 per violation or three times actual damages under Cal. Penal Code § 637.2). You represent that you are the party on whose behalf all calls, texts, and emails are placed and recorded through the Service, and you authorize and direct Company to play the recording disclosure and to record and transcribe communications. Your indemnity obligations extend to any claim arising from call recording or transcription, including claims under 18 U.S.C. §§ 2510–2522 and analogous state wiretap and eavesdropping statutes.

3.7 Fair Housing and Non-Discrimination

You are the "housing provider" and remain responsible for fair-housing compliance of every function performed with the Service, consistent with HUD's 2024 fair-housing guidance on tenant screening and digital advertising. Specifically:

3.8 Data You Submit

You represent and warrant that you have all rights, permissions, and lawful bases necessary to submit each Lead, contact, number, and item of Customer Content to the Service and to have the Service process it. You shall submit only data you have the right to submit. With respect to Lead Data and Applicant Data, you are the "business," "controller," or equivalent, and Company is the "service provider," "contractor," or "processor," under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and every other applicable U.S. state privacy law; Company processes such data solely on your documented instructions and for the limited purpose of providing the Service. You are solely responsible for providing all legally required notices to, and obtaining all legally required consents (including sensitive-data and call-recording consents) from, the Consumers whose information you direct Company to process. Where an application is screened, credit and background information is collected, used, and disclosed as permitted by the FCRA (15 U.S.C. § 1681 et seq.) and handled by Lotly and its consumer reporting agency partners; you are the end user of any consumer report and are solely responsible for adverse-action notices under 15 U.S.C. § 1681m.

3.9 Change in Consent Law

The parties acknowledge that the FCC's "one-to-one consent" rule was vacated in Insurance Marketing Coalition, Ltd. v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025), and is not currently in effect. If any federal or state authority adopts a stricter consent, lead-sourcing, opt-out, recording, or disclosure standard applicable to communications initiated through the Service, Company may, on notice, condition your continued use of the Service on your compliance with that standard, and your consent representations shall be deemed to incorporate the then-current legal requirement.


4. Prohibited Uses

You shall not, and shall not permit your users or any third party to, use the Service to:

  1. Place unlawful telemarketing or robocalls — make any autodialed, artificial-voice, AI-voice, prerecorded, or text communication without all consents required by the TCPA and applicable state law, or in violation of any calling-hour, do-not-call, caller-identification, or opt-out requirement;
  2. Upload no-consent, purchased, rented, or scraped contact lists, or otherwise contact any person you lack a lawful basis to contact;
  3. Send spam or unsolicited bulk communications, or engage in messaging that violates carrier or CTIA rules;
  4. Record or transcribe communications without the consent required by the law of the called party's jurisdiction, including all-party-consent states;
  5. Discriminate or violate fair-housing law — configure, script, or operate the Service in any manner that steers, discourages, or makes prohibited statements based on a protected class, or that otherwise violates the Fair Housing Act, FEHA, source-of-income protections, or any state or local fair-housing law;
  6. Harass, deceive, defraud, or impersonate — engage in harassing, abusive, threatening, or deceptive communications, impersonate any person or entity, or falsely suggest affiliation or endorsement;
  7. Misrepresent the AI — configure, prompt, or instruct the agent to deny that it is automated, to claim to be a specific human, or to conceal its artificial identity where disclosure is required (see Section 5);
  8. Distribute malware or attack systems — transmit viruses, malicious code, or engage in denial-of-service, intrusion, penetration, or other attacks against the Service or any system or network;
  9. Scrape, reverse-engineer, or benchmark — scrape, crawl, reverse-engineer, decompile, disassemble, or attempt to derive source code or underlying models, or access the Service to build a competing product or for competitive benchmarking;
  10. Resell or sublicense the Service, or make it available to any third party except your authorized users, without Company's prior written consent;
  11. Use the Service for high-risk or emergency purposes — rely on the Service for emergency, life-safety, medical, or other high-risk uses in which failure could lead to death, personal injury, or severe environmental or property damage;
  12. Infringe or misappropriate — upload, transmit, or generate content that infringes or misappropriates any intellectual-property, privacy, publicity, or other right;
  13. Circumvent opt-outs, suppression, disclosure, rate limits, or usage controls, or disable, alter, or interfere with the Service's recording-disclosure, AI-identification, caller-identification, calling-window, opt-out, or human-escalation features; or
  14. Violate any Applicable Law or the rights of any Consumer or third party.

5. AI-Specific Rules

The Service includes an AI-powered voice, messaging, and email agent. Company configures the agent to identify itself as an automated system (for example, "I'm an AI assistant for [Customer]") at the outset of each interaction and whenever a Consumer asks. On voice calls, this automated-system identification is delivered through the same deterministic, scripted preamble described in Section 3.6 that plays at the start of each recorded call leg, so that it does not depend on the AI model's generated output and cannot be altered or skipped by the model. You shall not configure, prompt, script, or instruct the agent to deny that it is automated, to claim to be a specific human, or to otherwise conceal its artificial identity, and shall not disable the agent's self-identification. You acknowledge this disclosure is required to satisfy applicable bot and AI-transparency laws, including California Business & Professions Code § 17941 and the Utah Artificial Intelligence Policy Act (Utah Code § 13-2-12), and that additional state AI-interaction disclosure requirements may take effect during the term. You shall permit the agent to identify as AI on every channel — voice, text, and email — where identification is required or requested.

The agent is a transactional sales and leasing assistant, not a companion or relationship chatbot, and you shall not repurpose it as such.

You shall not use any output of the Service as the sole basis for a housing, tenancy, credit, or eligibility decision. AI outputs are probabilistic and may be inaccurate, incomplete, or inappropriate, and are not professional, legal, fair-housing, compliance, lending, or credit advice. You are responsible for independent human review, supervision, and approval of AI outputs before relying on or acting on them, and Company and the Service make no tenancy, credit, or eligibility decisions.


6. Company's Rights (Monitoring, Suspension, and Termination)

6.1 No duty to monitor; right to monitor. Company has no obligation to monitor Customer Content or your use of the Service, but may monitor, review, and audit use of the Service to operate, secure, and improve it and to verify compliance with this Policy and Applicable Law.

6.2 Suspension and termination. Company may, in its reasonable discretion and with such notice (if any) as is practicable under the circumstances, suspend, throttle, or terminate all or part of your access to the Service, and remove, disable, or block any Customer Content or communication, if Company reasonably believes that you or your users have violated this Policy or Applicable Law, that continued operation poses a legal, security, reputational, or compliance risk to Company or any third party, or that a Consumer complaint, carrier action, or regulatory inquiry warrants it. Company may act immediately and without prior notice where it reasonably believes the conduct is unlawful, creates an imminent risk of harm or liability, or threatens the integrity or security of the Service.

6.3 No waiver; cumulative remedies. Company's rights under this Section are in addition to all other rights and remedies available under the Agreement and at law or in equity. Company's failure to enforce any provision is not a waiver of its right to do so later.


7. Reporting Abuse

If you become aware of any actual or suspected violation of this Policy, any unauthorized access to or use of the Service, or any misuse of the AI agent, please report it promptly to Contact@lotly.ai. You shall reasonably cooperate with Company in investigating and remediating any suspected violation.


8. Changes to This Policy

Company may modify this Policy from time to time. For any material change, Company will provide at least thirty (30) days' advance notice by email to your administrative contact and by a conspicuous in-Service notice, and the change will take effect on the stated effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Policy; if you do not agree, your sole remedy is to stop using and terminate the Service before the effective date. The "Last Updated" date at the top of this Policy indicates when it was last revised.


9. General Legal Terms

This Policy is part of the Agreement, and the following terms apply to it. Where a term below also appears in the Master Services Agreement, the two are intended to be read as one and the same; in the event of a conflict, the order of precedence in the Agreement (Order Form, then Master Services Agreement, then this Acceptable Use Policy, then the Data Processing Addendum, then other policies) controls.

9.1 Governing Law and Venue

Governing Law. This Policy and any dispute arising out of or relating to it or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, as applicable, by the Federal Arbitration Act and other applicable federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Venue. Subject to the Arbitration section below, any claim that proceeds in court shall be brought exclusively in the state or federal courts located in Placer County, California, and each party consents to personal jurisdiction and venue there.

9.2 Binding Arbitration and Class-Action Waiver

PLEASE READ — THIS AFFECTS YOUR LEGAL RIGHTS. This section requires binding individual arbitration and waives class actions and jury trials — but only for people and entities that agree to it. If you were merely contacted by the Service and have not separately agreed to these terms, this section does not apply to you. (a) Who is bound. This Arbitration section applies only between Company and any person or entity that has affirmatively agreed to these terms by creating an account, subscribing to the Service, signing or clicking to accept an Order Form or these terms, or otherwise manifesting assent (each, a "Consenting Party"). It does not apply to, and Company does not assert arbitration or any class-action waiver against, any individual whom the Service merely calls, texts, or emails (a "Lead") who has not separately and affirmatively agreed to it. Company does not contend that receiving a communication from the Service, by itself, forms any agreement to arbitrate. (b) Scope / Delegation. For a Consenting Party, any dispute, claim, or controversy arising out of or relating to the Service, these terms, or the relationship between the Consenting Party and Company (including its breach, termination, or enforceability) will be resolved by final and binding individual arbitration, except as stated in (d), (e), and (f). Questions about the interpretation, scope, or enforceability of this Arbitration section are for the arbitrator; whether any agreement to arbitrate was formed is for a court. (c) Rules / Administrator / Fairness. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for entities), as modified here, and is governed by the Federal Arbitration Act. To ensure the process is fair and not a barrier to relief: (i) Company pays all AAA administrative and arbitrator fees for any individual (Consumer) claimant; (ii) each party is entitled to reasonable, bilateral discovery; (iii) the arbitrator is selected through AAA's neutral process; (iv) either party may elect the AAA optional appellate rules; (v) the arbitrator may award any individual remedy a court could, including any statutory fee-shifting or damages available to a prevailing party; and (vi) for a Consumer, hearings may be held remotely or in the Consumer's home county at the Consumer's election. (d) Public-injunction carve-out (McGill). Nothing in this section waives any party's right to seek public injunctive relief in a court of competent jurisdiction. A claim for public injunctive relief is not subject to arbitration or the class-action waiver, may be brought in court, and its assertion does not invalidate the remainder of this section. (e) Small-claims / IP carve-out. Either party may bring a qualifying individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or Confidential Information. (f) Class / Collective / Representative Waiver. To the fullest extent permitted by law, a Consenting Party and Company agree to bring claims only in an individual capacity and not as a plaintiff or member of any class, collective, consolidated, or private-attorney-general proceeding, and the arbitrator may award relief only in favor of, and to the extent necessary to resolve, the individual party's claim. This waiver does not apply to any claim or remedy that applicable law does not permit to be waived. (g) Statutory-rights preservation. Nothing in this section shortens any limitations period, caps or excludes any damages, or waives any remedy that applicable law does not permit to be shortened, capped, or waived, including non-waivable rights and remedies under the Telephone Consumer Protection Act, state call-recording or privacy laws, or the Fair Credit Reporting Act. Where any provision of these terms would do so as to such a claim by a Consumer, it does not apply to that claim. (h) Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules then in effect (or, if administered by JAMS, the JAMS Mass Arbitration Procedures then in effect), which preserve each claimant's right to an individual determination by a neutral arbitrator, to reasonable discovery, to input in arbitrator selection, and to appeal, and no determination in any claim binds any claimant who did not participate in it. (i) Blow-up / Severability. If the Class-Action Waiver in (f) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in the courts of Placer County, California, while all other claims proceed in arbitration; the remainder of this section stays in effect. If any other part of this section is unenforceable, it is severed and the rest stays in force. (j) 30-Day Opt-Out. A Consenting Party may opt out of this Arbitration section by emailing Contact@lotly.ai within 30 days of first agreeing to these terms, stating the name and email associated with the account and a clear statement of opt-out. No account number is required. Opting out does not affect any other part of the agreement. (k) Jury-Trial Waiver. To the extent any claim by a Consenting Party proceeds in court, each Consenting Party and Company waive any right to a jury trial. (l) Limitations. A Consenting Party's claim must be filed within one (1) year after it arises, to the extent permitted by law (and this does not shorten any period that cannot be shortened by agreement or any non-waivable statutory period). This one-year limit does not apply to Company's claims for unpaid Fees, indemnification, or breach of confidentiality or the intellectual-property or use restrictions; and a claim for indemnification accrues no earlier than the date the underlying third-party claim is asserted against the indemnified party.

9.3 Warranty Disclaimer

AS-IS. The Service is provided "AS IS" and "AS AVAILABLE," with all faults, and Company disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

AI output. The Service uses artificial-intelligence voice, text, transcription, and summarization. Company does not warrant that AI-generated calls, messages, transcripts, summaries, or outputs are accurate, complete, current, appropriate, or free of error, and such outputs may contain mistakes or "hallucinations." The Service is a productivity tool, not professional, legal, compliance, fair-housing, lending, or credit advice, and is not a substitute for the Customer's own judgment and human review. Customer is responsible for reviewing outputs before relying on them and for all decisions it makes (including any decision to sell, lease, approve, or deny). Company does not warrant any particular result, response time, lead conversion, or sales outcome.

9.4 Limitation of Liability

No indirect damages. To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused and under any theory, even if advised of the possibility.

Cap. To the maximum extent permitted by law, Company's total cumulative liability arising out of or relating to the Service or these terms will not exceed the greatest of (i) the total fees Customer paid to Company for the Service in the twelve (12) months before the event giving rise to the liability, (ii) the total fees Customer paid to Company for the affected home under the applicable Order Form, or (iii) five hundred U.S. dollars ($500).

Carve-outs. The cap and the exclusion of indirect damages above do not limit: (a) Customer's payment obligations; (b) Customer's indemnification obligations; (c) Customer's breach of the Acceptable Use Policy or of its consent, do-not-call, call-recording, consumer-protection, or fair-housing representations; (d) either party's breach of its confidentiality obligations; (e) either party's infringement or misappropriation of the other's intellectual property; or (f) any liability that cannot be limited under applicable law (including, under California law, liability for a party's own fraud or willful injury under Cal. Civ. Code § 1668). Company's own indemnification obligations remain subject to the cap and to the exclusion of indirect damages, except that Company's indemnity for third-party intellectual-property claims is capped at two times (2×) the amounts described in the cap rather than the base cap. Nothing limits a Consumer's non-waivable statutory rights.

Consumer note. Some jurisdictions do not allow certain limitations; in those, the above applies to the fullest extent permitted, and nothing limits non-waivable statutory rights.

9.5 Severability

If any provision of this Policy is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect. The severability provisions specific to the Arbitration section in Section 9.2(i) govern that section.

9.6 Relationship to the Agreement

This Policy supplements and does not limit the representations, warranties, covenants, and indemnification obligations set out in the Master Services Agreement, including your obligation to defend, indemnify, and hold Company harmless from claims arising out of your communications, consent practices, do-not-call and calling-time compliance, call recording, fair-housing conduct, and use of the Service. Nothing in this Policy limits Company's own operation of the recording-disclosure, AI-identification, or other compliance controls described in the documentation.


10. Contact

Questions about this Policy, and reports of suspected abuse, should be directed to:

Lotly Software LLC Attn: Legal — MHPSales.ai 5754 Lonetree Blvd, Rocklin, CA 95765 Email: Contact@lotly.ai

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