These Terms of Service (the "Terms") are a binding legal agreement between you and Lotly Software LLC, a Nevada limited liability company, which operates the MHPSales.ai website and service ("Company," "MHPSales," "we," "us," or "our"). These Terms govern your access to and use of the website located at MHPSales.ai and any related subdomains (the "Site"), and your interaction with the MHPSales.ai artificial-intelligence voice, text, and email agent and related features (collectively, the "Service").
The Service is operated by Lotly Software LLC and is powered by Lotly's platform. It is offered to mobile-home-park owners and operators and manufactured-home dealers (each, a "Customer" or "Seller") who use it to communicate with their prospective buyers and renters. If you are an individual whom the Service contacts, or who visits the Site, on a Customer's behalf, you are a "Lead" or "Consumer," and "you" and "your" in these Terms refer to you as that individual.
PLEASE READ THESE TERMS CAREFULLY. For those who affirmatively agree to them, they include, in Section 11, a binding individual arbitration provision and a class-action and jury-trial waiver that affect how disputes with Company are resolved, and a 30-day opt-out right described in that Section. If the Service merely contacted you (for example, by call, text, or email) on a Customer's behalf and you have not separately agreed to these Terms, that arbitration provision and those waivers do not apply to you.
1. Acceptance, Eligibility, and Electronic Acceptance
1.1 Acceptance. You agree to these Terms, and become bound by them, by affirmatively manifesting assent — for example, by creating an account, subscribing to the Service, clicking or tapping a button or checkbox indicating that you agree to these Terms, or signing or clicking to accept an Order Form or these Terms. By doing so, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not create an account, subscribe, or accept these Terms. If the Service merely contacts you (for example, by call, text, or email) on a Customer's behalf, or you merely visit the Site, and you have not taken one of the affirmative steps described in this Section, you are a Lead who has not agreed to these Terms, and you are not bound by the binding-arbitration provision or the class-action and jury-trial waivers in Section 11, which apply only to those who affirmatively agree to these Terms. Merely receiving a communication from the Service does not, by itself, form any agreement to arbitrate or to waive any right.
1.2 Eligibility. You must be at least eighteen (18) years old and capable of forming a binding contract to use the Site or the Service. By using the Site or the Service, you represent and warrant that you meet these requirements. The Service is intended for use in the United States; we make no representation that the Site or the Service is appropriate or available for use in any other location.
1.3 Electronic Acceptance (E-SIGN / UETA). You consent to transact with us electronically and agree that your electronic acceptance of these Terms — whether by clicking or tapping "I Agree," checking an acceptance box, providing an affirmative spoken or typed response manifesting assent, or otherwise manifesting assent electronically — has the same legal force and effect as a handwritten signature. Electronic records and signatures relating to these Terms are legally equivalent to paper records and wet-ink signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and applicable state Uniform Electronic Transactions Act (UETA) statutes. You may retain a copy of these Terms in printable and downloadable form, and you may withdraw consent to transact electronically only by discontinuing your use of the Site and the Service (which does not retroactively affect the validity of prior electronic records).
2. What the Service Is
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.
2.1 Overview. MHPSales.ai is an artificial-intelligence communication and sales-support tool that Company operates on behalf of, and at the initiation and direction of, its Customers. When a Customer subscribes and directs the Service to do so, the Service uses an AI-powered voice, text, and email agent to respond to and follow up with the Customer's own sales and rental leads about the Customer's mobile-home-park lots or manufactured homes. Acting only as the Customer initiates, authorizes, and directs, the Service may, among other things: contact leads the Customer selects after they submit an inquiry to the Customer; ingest lead information from marketplaces and lead sources that the Customer connects (which may include Facebook Marketplace, Zillow, MHVillage, Craigslist, and the Customer's inbound calls); place and receive calls, send and receive text messages, and send emails; record and transcribe calls; carry out the Customer-configured, Customer-authorized follow-up cadence; answer questions and schedule showings; and pass along applications for further handling as described in Section 4.
2.2 The Service acts on the Customer's behalf, at the Customer's initiation and direction. When the Service contacts you, it does so on behalf of, and at the initiation and direction of, the specific business (the Customer/Seller) that you contacted or whose home or community you inquired about, or that otherwise submitted or connected your information. That business — not MHPSales — chose to contact you, selected you as a recipient, and is responsible for having any consent required to do so. Company provides the technology the business uses; the Customer decides which leads to contact, what its offerings and policies are, and how the Service is configured for its business, and Company does not decide on its own to call, text, or email anyone. Company is not the seller, landlord, broker, housing provider, or lender, does not own or offer any home or lot, and does not make any sales, leasing, pricing, availability, screening, or eligibility decision. Those decisions are made by the Customer.
2.3 No professional advice. The Service is a productivity and communication tool. It does not provide legal, financial, lending, credit, fair-housing, compliance, or other professional advice, and nothing the Service communicates should be relied upon as such.
2.4 Availability. We may modify, suspend, or discontinue any part of the Service or the Site at any time, with or without notice, and we are not liable to you for doing so. We do not guarantee that the Service or the Site will be available, uninterrupted, timely, secure, or error-free.
3. The AI Communications — Calls, Texts, and Emails
3.1 You are interacting with an automated system. At the Customer's initiation and direction, the Service uses an artificial or AI-generated voice to place and answer calls, and automated systems to send and respond to text messages and emails. When you speak or exchange messages with the Service, you are interacting with an automated AI agent, not a live human, unless and until the interaction is escalated to a person. At the start of each call, a scripted disclosure plays to identify the interaction as an automated or AI system, consistent with applicable transparency requirements, including California Business and Professions Code § 17941.
3.2 Calls may be recorded and transcribed. The Service records and transcribes the calls it places and receives at the Customer's initiation and direction in order to provide, support, and improve the sales and scheduling services requested by the Customer. A scripted disclosure plays at the beginning of each recorded call to disclose that the call is being recorded. Where the law of your location requires the consent of all parties to record a call, your continued participation after that disclosure, or your affirmative agreement, constitutes your consent to the recording; if you do not consent, you may decline and end the call. Recordings and transcripts are handled as described in our Privacy Policy. We use automated speech-to-text transcription only; we do not create voiceprints or use voice-biometric identification to identify you.
3.3 Communications are placed on the Customer's behalf and at its direction. The business that submitted or connected your information (the Customer/Seller) determines who is contacted, when, and about what, and represents to us that it has obtained all consents required by law to contact you — including, where required, prior express written consent as defined under the federal Telephone Consumer Protection Act and its regulations (see 47 U.S.C. § 227(b); 47 C.F.R. § 64.1200(f)(9)) — for calls, text messages, and emails, including calls using an artificial or AI-generated voice. Under the Federal Communications Commission's Declaratory Ruling FCC 24-17 (CG Docket No. 23-362, released February 8, 2024), calls using an AI-generated or synthetic voice are treated as "artificial or prerecorded voice" calls under the TCPA. As between you, the Customer, and Company, the Customer is the "seller" (47 C.F.R. § 64.1200(f)(10)) and is responsible for the lawfulness of contacting you, including any required consent, do-not-call, calling-time, caller-identification, and call-recording obligations. Company acts solely as the Customer's technology provider: it does not select whom to contact, does not originate, place, or send any call, text message, or email except as initiated, authorized, and directed by the Customer, and does not obtain, verify, confirm, or determine whether consent exists. The Customer is solely responsible for obtaining, verifying, documenting, and maintaining all consent required by law for each recipient it selects and each communication it initiates through the Service, and represents and warrants that it holds all such consent before it initiates or authorizes any outreach.
3.4 How to opt out. You may tell the Service to stop contacting you at any time by any reasonable means, including by saying or replying with "stop," "quit," "end," "revoke," "opt out," "cancel," or "unsubscribe" during a call, by reply text, or by reply email, or by contacting the business directly. The Service is designed to recognize and process these requests and to stop further calls and texts on the affected subject as soon as practicable and no later than ten (10) business days after your request, consistent with 47 C.F.R. § 64.1200(a)(10)–(11) and (d)(3). Because the business controls its own systems and any other channels through which it contacts you, you may also contact the business directly to ensure your request is honored across all of its systems. You may contact us at Contact@lotly.ai if you need help identifying the business that contacted you or if an opt-out request is not being honored.
3.5 No exemption representation. Neither the Customer nor the Service will represent to you that these communications are exempt from the TCPA or from any applicable state telemarketing, do-not-call, or call-recording law.
4. Applications and Screening
4.1 Screening is performed by Lotly, not MHPSales. If, in the course of interacting with the Service, you choose to submit a rental or park application, that application and any related screening are processed and screened by Lotly's screening service under Lotly's own applicant terms, FCRA disclosures, and authorizations, which are separate from these Terms. When you apply, please review and follow Lotly's applicant-facing terms and disclosures, which govern your rights with respect to that screening.
4.2 MHPSales is not a consumer reporting agency. MHPSales is not a consumer reporting agency, does not furnish consumer reports, and does not make tenancy, credit, or eligibility decisions. Any information used to screen you (which may include credit, income-verification, and background information) is collected, used, and disclosed as permitted by and subject to the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., and is handled by Lotly and its consumer reporting agency partners in their capacities under the FCRA.
4.3 The Customer is the decision-maker. The Customer (the property owner or manager) is the end user of any consumer report and is solely responsible for any adverse-action notices required under 15 U.S.C. § 1681m and for the sales, leasing, screening, and eligibility decisions it makes. Because information used for screening is regulated by the FCRA, your rights regarding it are governed by the FCRA and Lotly's disclosures, and it is treated separately from the general privacy rights described in our Privacy Policy. Nothing in these Terms limits any right you have under the FCRA.
5. Acceptable Use
5.1 Your conduct. You agree not to use the Site or the Service to: (a) violate any applicable law or regulation, or the rights of any person; (b) impersonate any person or misrepresent your identity or affiliation; (c) transmit any content that is unlawful, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) upload or transmit any virus, malware, or other harmful code, or interfere with, disrupt, probe, or attempt to gain unauthorized access to the Site, the Service, or any related systems or networks; (e) use any robot, scraper, or other automated means to access, monitor, or copy the Site or the Service except as expressly permitted; (f) circumvent, disable, or otherwise interfere with any security, rate-limiting, or authentication feature; or (g) use the Site or the Service to develop a competing product or to reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by applicable law.
5.2 Customer use. If you are a Customer accessing the Service to operate an AI agent, your use of the Service is additionally governed by the MHPSales.ai Acceptable Use Policy and the applicable subscription agreement, which impose important obligations regarding consent, telemarketing, call-recording, and fair-housing compliance. Those documents, not this Section, govern the Customer relationship, and nothing in these Terms limits them.
5.3 Enforcement. We may investigate any suspected violation of this Section and may suspend or terminate your access to the Site or the Service, remove content, or take other action we deem appropriate, with or without notice. We may also report activity we believe to be unlawful to appropriate authorities.
6. Intellectual Property; Limited License; Feedback
6.1 Ownership. The Site and the Service, including all software, text, graphics, user interfaces, designs, logos, trademarks, service marks, and other content and materials provided by or on behalf of Company (collectively, "Content"), and all intellectual-property rights in them, are and remain the exclusive property of Company and its licensors (including Lotly). The "MHPSales," "MHPSales.ai," "Lotly," and "Powered by Lotly" names and marks, and all related names, logos, and slogans, are trademarks of Company or its affiliates. Nothing in these Terms grants you any right to use them without our prior written permission.
6.2 Limited license. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Service for your own personal, non-commercial purposes of communicating with the applicable business about its homes or lots. This license does not include any right to copy, modify, distribute, sell, lease, or create derivative works from the Site, the Service, or any Content, except as expressly permitted by these Terms or applicable law. All rights not expressly granted are reserved.
6.3 Feedback. If you provide any suggestions, ideas, comments, or other feedback about the Site or the Service ("Feedback"), you grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without any obligation, attribution, or compensation to you. Feedback is not your Confidential Information, and Company is free to use it without restriction.
7. Third-Party Services and Links
The Site and the Service may reference, link to, or interoperate with third-party websites, platforms, and services that we do not own or control, including lead sources and marketplaces, telephony and payment providers, calendar and messaging providers, and the screening services described in Section 4. We provide these links and integrations for convenience only, and their inclusion does not imply our endorsement. We are not responsible for the content, accuracy, availability, practices, or policies of any third party, and your dealings with any third party — including any business (Customer/Seller) that uses the Service, and Lotly and its screening partners — are solely between you and that third party. Your use of any third-party website or service is governed by that third party's own terms and privacy policy, and we encourage you to review them.
8. Disclaimers
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. If you are a Lead — AI communications and assumption of risk. If the Service contacts you as a Lead, you acknowledge and agree that the automated agent speaks on behalf of the Customer (the business that submitted or connected your information), not on Company's behalf, and that its calls, messages, and other communications are AI-generated and may contain errors, inaccuracies, or "hallucinations." The Customer — not Company — is the source and warrantor of any statement about pricing, availability, terms, financing, screening, or eligibility, and any home, lot, or offering. You should not rely on any such statement made by the Service without confirming it directly with the Customer, and any communication the Service delivers to you is provided "AS IS" without warranty of any kind. Company is not the seller, landlord, broker, housing provider, or lender and makes no representation or warranty about any home, lot, offering, or the accuracy of any communication delivered on a Customer's behalf.
9. 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.
10. Indemnification by You
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any third-party claim, demand, action, or proceeding, and all resulting losses, damages, liabilities, costs, and reasonable attorneys' fees, arising out of or relating to: (a) your misuse of the Site or the Service; (b) your violation of these Terms, including the Acceptable Use provisions in Section 5; (c) your violation of any applicable law or of the rights of any third party; or (d) any content or information you submit to or through the Site or the Service. This Section does not apply to any liability arising from Company's own gross negligence, willful misconduct, or fraud, and applies only to the extent the applicable claim is attributable to your conduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.
11. Governing Law; Binding Arbitration and Class-Action Waiver
11.1 Governing Law and Venue
Governing Law. These Terms and any dispute arising out of or relating to them 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.
11.2 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.
12. Changes to the Service and These Terms; Termination
12.1 Changes to the Service. We may add, change, suspend, or discontinue any part of the Site or the Service at any time, with or without notice, and we are not liable to you for any modification, suspension, or discontinuation.
12.2 Changes to these Terms. We may modify these Terms from time to time. When we make changes, we will update the "Effective / Last Updated" date at the top of these Terms and, for material changes, will provide reasonable notice through the Site, by the contact information you have provided, or by another reasonable means before the change takes effect. Changes are effective when posted or on the stated effective date. If you have an account or subscription, your continued use of the Site or the Service after a change takes effect constitutes your acceptance of the revised Terms; if you do not agree, you must stop using the Site and the Service. No change to Section 11 (Arbitration) will apply retroactively to a dispute of which we already had notice, and we will provide a Consenting Party a renewed opportunity to opt out of any material change to that Section.
12.3 Termination. We may suspend or terminate your access to the Site or the Service at any time, with or without cause and with or without notice. You may stop using the Site and the Service at any time. Provisions that by their nature should survive termination will survive, including Sections 4, 6, 8, 9, 10, 11, 13, and 14.
13. Miscellaneous
13.1 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect. Severability within Section 11 is governed by the specific terms of that Section.
13.2 Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, 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, to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all of our assets, without your consent. These Terms bind and benefit the parties and their permitted successors and assigns.
13.3 Entire Agreement. These Terms, together with our Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Company regarding the Site and the Service and supersede all prior or contemporaneous agreements, proposals, and representations, whether written or oral, on that subject. You have not relied on any statement or representation not expressly set forth in these Terms, including any statement about the performance, accuracy, or results of the AI features.
13.4 Force Majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, governmental action or order, labor disputes, and failures or outages of the internet, telecommunications or mobile carriers, electrical utilities, cloud-hosting infrastructure, or any third-party provider (including telephony/AI-voice, hosting, payment-processing, and consumer-reporting/screening vendors).
13.5 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing to be effective.
13.6 Notices. We may provide notices to you through the Site, by the contact information you have provided, or by another reasonable means. You may provide legal notices to us by email to Contact@lotly.ai and by mail to Lotly Software LLC, 5754 Lonetree Blvd, Rocklin, CA 95765.
13.7 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Company. You have no authority to bind Company in any manner.
13.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
14. Contact
If you have questions about these Terms, wish to opt out of arbitration under Section 11.2(j), or need help identifying or reaching the business that contacted you, please contact us:
Lotly Software LLC Attn: Legal — MHPSales.ai 5754 Lonetree Blvd, Rocklin, CA 95765 Email: Contact@lotly.ai
MHPSales.ai is operated by Lotly Software LLC and is Powered by Lotly.