1. Introduction

These Terms govern the use of:

•       the Property Verification & Permit Analysis Report (the “Report”), and

•       the Lotify online platform, mobile applications, and related services (collectively, the “Platform”),

provided by Lotify AI Inc., a Delaware corporation (“Company,” “we,” or “us”).

By creating an account, accessing the Platform, or receiving a Report, you (“User” or “you”) agree to these Terms. If you do not agree, do not use the Platform or the Report.

 

2. Scope of Services & User Reliance

The Report is for informational purposes only and does not constitute a warranty, guarantee, or prediction of future property conditions.

Report Contents: Depending on the coverage tier purchased, a Report may include analysis drawn from one or more of the following data categories, among others:

•       Permit history and open permit status (sourced from county and municipal records)

•       Zoning classification and applicable use restrictions

•       Flood zone designation (FEMA FIRM-based — see §3B)

•       Non-disclosure state status and MLS coverage limitations (see §3A)

•       Tax assessment records and ownership history

•       Additional data modules as made available by the Company from time to time

The above list is illustrative, not exhaustive. Report contents vary by property location, data availability, and the service tier selected. The Company may add, modify, or discontinue specific data modules at any time. Users should review their specific Report to confirm which modules are included.

Only the named User may rely on the Report. Third-party reliance is prohibited unless expressly authorized in writing by the Company.

Environmental Scope: Where the Report references environmental data, it draws on publicly available records only and is not intended to serve as, or be used as a substitute for, a Phase I or Phase II Environmental Site Assessment (ESA) conducted under ASTM E1527 standards. Unlike a formal ESA, this Report does not involve site reconnaissance, interviews with owners or occupants, regulatory agency file reviews, or professional environmental judgment. Any environmental information included should be treated as a preliminary screen only.

 

3. Public Data & Limitations

The Report is based on publicly available government data. The Company disclaims liability for inaccuracies or omissions in such data.

•       No guarantee is given regarding future permits, zoning approvals, or regulatory changes.

•       The Company does not perform a physical property inspection. Issues such as mold, asbestos, or structural defects are outside the Report’s scope.

•       User Responsibility: You are solely responsible for verifying compliance with applicable laws, inspecting the property, and confirming any unpermitted structures.

Nationwide Coverage — Data Variability: The Platform operates across the United States. However, the depth, accuracy, and availability of underlying public records vary significantly by county and state. Some jurisdictions maintain detailed, digitized permit and tax records; others provide limited or incomplete data. The Company makes no representation that coverage quality is uniform across all markets.

Users should treat data completeness as location-dependent. In counties with limited digital record infrastructure, the Report may reflect a narrower data set. We recommend cross-referencing with local county assessor offices, building departments, or licensed professionals when making material investment decisions in less-covered markets.

 

3A. Non-Disclosure State Coverage

Important — Non-Disclosure States: Lotify AI enhances visibility beyond standard public county records by aggregating permit data, tax records, and related government sources. However, in states classified as non-disclosure states — where sale prices are not reported to public record — the Platform does not replace MLS access for true Comparative Market Analysis (CMA) comps.

If you are evaluating properties in a non-disclosure state, Lotify AI data should be used as a supplementary due diligence layer only. For accurate sold-price comparables, consult a licensed real estate professional with MLS access. Reliance on Lotify AI data alone to determine market value in non-disclosure states is expressly outside the intended scope of this Report.

Coverage and data availability vary by county and state. The Company makes no representation that data completeness in any non-disclosure jurisdiction matches that of full-disclosure states.

 

3B. Flood Zone Disclosure

Flood Zone Status: This Report checks whether the property appears to be located within a FEMA-designated flood zone based on publicly available National Flood Insurance Program (NFIP) map data. This determination is made at the parcel level using the most recent published FEMA Flood Insurance Rate Maps (FIRMs) accessible at the time the Report is generated.

This is not a full flood-risk study. FEMA maps are updated periodically and may not reflect recent re-mapping, local drainage improvements, or development that affects flood patterns. Before relying on this conclusion, the buyer should verify: (1) current flood insurance requirements and premium estimates; (2) elevation certificate availability and the property’s Base Flood Elevation (BFE); (3) drainage history and known local flooding events; and (4) applicable floodplain management regulations from the local jurisdiction. A licensed surveyor or certified floodplain manager should be consulted for any property where flood risk is material to the purchase decision.

The Company expressly disclaims liability for any loss, damage, or cost arising from flood events, inaccuracies in FEMA map data, or a user’s failure to independently verify flood zone status and insurance requirements.

 

4. Use of the Platform

You may not:

•       Copy, distribute, or sell the Report or Platform data without permission.

•       Use the Platform for unlawful purposes or to harass, defraud, or mislead others.

•       Attempt to access, scrape, or reverse-engineer the Platform or its databases.

You must maintain the confidentiality of your account credentials and notify us immediately of unauthorized use.

 

5. Intellectual Property

All content, designs, code, and proprietary analysis in the Platform and Reports are owned by the Company or its licensors. You are granted a limited, non-transferable, revocable license to use the Platform and Report for your personal or internal business purposes.

 

6. Privacy & Data Handling

Your use of the Platform is subject to our Privacy Policy [insert link], which explains how we collect, store, and use your information. By using the Platform, you consent to such data practices. If applicable, we comply with CCPA and GDPR requirements.

 

7. Electronic Delivery & Signature

You agree to receive communications, notices, and Reports electronically, and that electronic acceptance or signatures are binding as if signed in ink.

 

8. Beta & Trial Access

Trial & Design Partner Access: The Company may, at its sole discretion, offer trial or beta access to the Platform or specific Report modules at no charge or at reduced fees for a defined period (“Trial Period”). Trial access may be offered in connection with design partner programs, early adopter initiatives, or other promotional arrangements.

•       Trial access is subject to these Terms in full, including all disclaimers and liability limitations.

•       The Company may modify, suspend, or terminate trial access at any time and for any reason without notice or liability.

•       Reports generated during a Trial Period are subject to the same scope limitations and data variability disclosures as paid Reports.

•       Participation in a trial or design partner program may involve structured feedback obligations as separately agreed in writing. Any such feedback is voluntarily provided and the Company may use it to improve the Platform without compensation or attribution.

•       At the conclusion of a Trial Period, continued access requires a paid subscription unless otherwise agreed in writing by the Company.

 

9. Fees, Subscriptions & Refund Policy

All fees for one-off Reports are non-refundable once the Report has been generated or delivered, except as required by law or expressly stated otherwise in writing.

Subscriptions: If you purchase a subscription service, your subscription will automatically renew at the end of each billing cycle (e.g., monthly or annually) at the then-current rate, unless you cancel through your account settings before the renewal date. The Company does not provide refunds or credits for partial subscription periods, unused Report allocations, or subscriptions that were not cancelled prior to renewal. Subscription pricing is subject to change with at least 30 days’ prior written notice.

 

10. Disclaimers & Liability Limitation

The Company provides the Platform and Reports “AS IS” without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, the Company disclaims liability for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption.

Total liability is limited to the amount paid for the Report or the last 12 months of Platform use, whichever is greater.

 

11. Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including but not limited to natural disasters, government actions, internet outages, or strikes.

 

12. Waiver & Release

You release and hold harmless the Company, its affiliates, and representatives from all claims, liabilities, and losses arising from your use of the Platform or Report, except to the extent caused by our gross negligence or willful misconduct.

 

13. Governing Law & Mandatory Arbitration

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or a Report — including disputes about the existence, validity, interpretation, breach, or termination of these Terms — shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The seat of arbitration shall be Wilmington, Delaware, unless the parties mutually agree in writing to an alternative location or remote proceeding. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this Class Action Waiver is found unenforceable with respect to any dispute, then the entirety of the arbitration provision shall be null and void as to that dispute, which shall proceed in court.

Carve-Outs: Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, including for protection of intellectual property rights, confidential information, or data security. Such a court action does not waive the right to arbitrate the underlying dispute.

If for any reason a dispute proceeds in court rather than arbitration, both parties irrevocably waive any right to a jury trial. Any such litigation shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and both parties consent to personal jurisdiction in those courts.

 

14. Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

 

15. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and the Company and supersede all prior understandings regarding the Platform and Reports.

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