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.

Age Requirement: The Platform is intended for users who are 18 years of age or older. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. Users under 18 are not permitted to access the Platform.

 

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.

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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.
•       Certain underlying data referenced in your Report may not be stored, exported, or retained in your own systems for more than ninety (90) consecutive days from the date of the Report. This limitation applies to the underlying data itself, not to your retained copy of the completed Report.

•       AI Interpretation & Algorithmic Limitations: The Platform uses artificial intelligence and automated machine-learning algorithms to parse, summarize, and interpret public records data. AI technology is subject to inherent limitations, text-parsing errors, and algorithmic anomalies (including so-called “hallucinations”). The Company disclaims all liability for errors, omissions, or misstatements caused by the Platform’s automated translation, parsing, scoring, or summarization of underlying records, regardless of whether the underlying source data is accurate.

•       Legal Redactions & Privacy Compliance: The Company complies with federal and state privacy mandates governing the display of personal information in public records, including laws protecting the home addresses of law enforcement officers, judicial officers, and other protected individuals (including, without limitation, “Daniel’s Law” and analogous state statutes). The Company reserves the right, at its sole discretion and without prior notice or liability to the User, to instantly redact, obscure, or remove any property data, ownership records, or Report content to comply with applicable legal requests, court orders, or privacy statutes. No refund or credit will be issued solely on account of a legally required redaction.

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.

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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.

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4. Use of the Platform & Acceptable Use Policy

You may not use the Platform or any Report for any purpose not expressly permitted by these Terms. Without limiting the foregoing, you specifically agree not to:

•       Copy, distribute, sublicense, or resell the Report or Platform data, in whole or in part, as a standalone data product or as part of a competing service, without the prior written consent of the Company.
•       Cache, copy, or store any underlying data referenced in a Report for more than thirty (30) days, or use such data for any purpose other than the specific Report in which it was provided.

•       Use Platform data to harass, stalk, intimidate, or make unsolicited contact with property owners or other individuals identified in the data.

•       FCRA / Telemarketing Compliance: Use the Platform in violation of any applicable federal, state, or local law or regulation, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Fair Credit Reporting Act (FCRA), or any applicable data privacy law. The Platform data is not intended for use as a consumer report under the FCRA and may not be used for credit, employment, insurance, housing eligibility, or other FCRA-regulated purposes.

•       Attempt to access, probe, scan, scrape, crawl, or reverse-engineer the Platform, its underlying databases, algorithms, or source code, whether through automated means or otherwise.

•       Use the Platform for any unlawful, defamatory, fraudulent, or deceptive purpose, or in any manner that could damage the reputation or interests of the Company or third parties.

•       Share your account credentials with any third party or allow others to access the Platform through your account. Each subscription is for a single authorized user or entity, as specified in your service tier.

You must maintain the confidentiality of your account credentials and notify us immediately at legal@lotify.ai of any unauthorized access or suspected breach of your account.

 

4A. Account Suspension & Termination

Company’s Right to Suspend or Terminate: The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform or any Report, with or without notice, if the Company reasonably believes that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to the Platform, its data sources, or other users.

•       Termination for Cause: If your account is terminated for a material violation of these Terms, no refund will be issued for any prepaid fees or unused subscription period.

•       Voluntary Cancellation: You may cancel your account at any time through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for the remainder of a billing cycle.

•       Effect of Termination: Upon termination for any reason, your license to use the Platform and all Reports terminates immediately. You must cease all use of Platform data and, upon request, certify in writing that you have destroyed or returned any copies of Reports or exported data in your possession.

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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.

User Feedback & Contributions: If you submit feedback, error reports, data corrections, or suggestions regarding the Platform or its outputs (collectively, “Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Platform and related services without compensation or attribution to you. You represent that you have the right to submit such Feedback and that it does not infringe any third-party intellectual property rights.

 

5A. Copyright Infringement (DMCA)

The Company respects intellectual property rights and expects users to do the same. If you believe that content available on or through the Platform infringes your copyright, you may submit a written notice to our designated DMCA agent including the following:

•       A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

•       Identification of the copyrighted work claimed to have been infringed.

•       Identification of the material on the Platform that is claimed to be infringing, with enough detail to locate it.

•       Your contact information, including address, telephone number, and email address.

•       A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law.

•       A statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: legal@lotify.ai (subject line: DMCA Notice). It is the policy of the Company to terminate the accounts of users who are repeat copyright infringers.

The Company will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). The Company reserves the right to remove allegedly infringing content without prior notice or liability, pending resolution of the claim.

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6. Privacy & Data Handling

Your use of the Platform is subject to our Privacy Policy, 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, CPRA, TDPSA, and GDPR requirements.

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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.

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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. Geographic Scope & Export Controls​
The Platform is operated from the United States and is intended for use by persons located in the United States. We make no representation that the Platform or its content is appropriate or available in locations outside the United States. If you access the Platform from outside the United States, you do so at your own initiative and are responsible for compliance with local laws and regulations.

You agree to comply with all applicable export control laws and regulations of the United States and any other applicable jurisdiction. You may not export, re-export, or transfer any portion of the Platform, its data outputs, or any direct product thereof, to any destination, entity, or person restricted or prohibited by applicable export controls.
 

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, UNLESS A SHORTER PERIOD IS REQUIRED UNDER APPLICABLE LAW. ANY CLAIM NOT BROUGHT WITHIN THIS PERIOD SHALL BE PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY. This limitation applies to the fullest extent permitted by applicable law.
 

16. Assignment

By You: These Terms are personal to you. You may not assign, transfer, or delegate any of your rights, obligations, or licenses under these Terms without the prior written consent of the Company. Any attempted assignment in violation of this provision is void.

By the Company: The Company may assign, transfer, or delegate these Terms, or any of its rights or obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law. The Company will provide notice of any such assignment where practicable.

These Terms bind and insure to the benefit of each party’s permitted successors and assigns.
 

17. No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, agency, or any other form of association between you and the Company. You and the Company are and shall at all times remain independent of each other. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.

18. Severability

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

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19. 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.

© 2026 Lotify AI Inc. — All rights reserved.