Legal

Loti Terms of Use
Last Updated: January 1, 2025

Welcome to Loti. Please read these Terms of Use (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of our website located at https://loti.com/ (the “Site”) offered by Loti Services, Inc. (“Loti,” “we,” “us,” “our”).

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LOTI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By accessing and using the Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not access or use the Site.

2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Site, for information on how we collect, use and share personal information.

3. Changes to these Terms or the Site. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore.

4. Who May Use the Site? You may use the Site only if you are 18 years or older.

5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Rights to Use the Content and Site.
a) Content. All content on the Site, or otherwise made available by Loti, including the text, notes, graphics, images, audio, videos, trademarks, service marks and logos contained therein, and the design of the Site (collectively, the “Content”), are owned by or licensed to Loti. The Content is provided to you “as is” for your personal use only and may not be used, reproduced, altered, distributed, transmitted, broadcast, displayed, sold, licensed, removed, obscured, or otherwise exploited for any other purposes whatsoever.
b) Reservation of Rights. We reserve all right, title and interest not expressly granted in and to the Content, the Site and any underlying technology, including all associated intellectual property rights. Using the Site does not give you any ownership of or right in or to any Loti intellectual property, including in any Content made available through the Site. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States.

7. General Prohibitions. You agree not to do any of the following: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content on the Site; (b) use the Site or any Content commercially or for the benefit of any third party or in any manner not permitted by these Terms; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site; (d) interfere with or damage the Site, or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than any software provided by Loti or other generally available third-party web browsers; (g) collect information about other users of the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right; (i) violate any law, rule, or regulation; or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.

8. Disclosure Regarding Content. The Content on the Site is provided for informational purposes only and may be generated in part through Loti’s or its third-party licensors’ algorithms or artificial intelligence (generative tools). Any information provided through the Site is only intended to raise potential considerations for applying for and navigating the process for property insurance claims, recovery and rebuilding. You acknowledge and agree that we are not licensed insurance professionals, and do not offer legal advice or control the insurance claims and settlement process.

9. Links to Third Party Websites or Resources. We may allow you to access third-party websites or other resources through the Site. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

10. Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination or discontinuation of the Site, or your access thereto, the following Sections will survive: 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16.

11. Warranty Disclaimers. THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ACCESS TO THE CONTENT OR OTHER INFORMATION PROVIDED THEREIN, THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR OTHER INFORMATION ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

12. Indemnity. You will indemnify and hold Loti and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site or (b) your violation of these Terms, applicable laws, rules or regulations.

13. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LOTI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND CONTENT THEREIN WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOTI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL LOTI’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED $50.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOTI AND YOU.

14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Loti are not required to arbitrate will be the state and federal courts located in Santa Clara County, and you and Loti each waive any objection to jurisdiction and venue in such courts.

15. Dispute Resolution. 
a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Loti agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Loti are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 
b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 
c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
e) Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f) Class Action Waiver. YOU AND LOTI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
g) Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

16. General Terms.
a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and Loti regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between you and Loti regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Loti’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Loti may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b) Notices. Any notices or other communications provided by Loti under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
c) Waiver of Rights. Loti’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Loti. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

17. Contact Information. If you have any questions about these Terms or the Site, please contact us at legal@loti.com.