Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website www.lotpop.com, the LotWalk software platform, Lotpop Connect business development services, and related services (collectively, the "Services") provided by Lotpop Inc. ("Lotpop," "we," "us," or "our"). By accessing our website, creating an account, submitting a form, or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. Description of Services

Lotpop provides software and services designed for automotive dealerships, including:

• LotWalk: A dealership performance platform combining data analytics, task management, and accountability coaching.
• Lotpop Connect: A business development (BDC) service that performs lead follow-up and outreach on behalf of participating dealerships.
• Website and Content: Educational resources, guides, the LotTalk podcast, newsletters, and related materials available at www.lotpop.com.

Specific features, pricing, and service levels are described in your order form, subscription agreement, or on our website, and those documents control where they conflict with these Terms.

2. Eligibility and Accounts

The Services are intended for business use by automotive dealerships and their authorized personnel. You must be at least 18 years old to use the Services. If you create or use an account on behalf of a dealership, you represent that you are authorized to bind that dealership to these Terms. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@lotpop.com if you suspect unauthorized use.

3. Subscriptions, Fees, and Payment

Paid Services are billed according to the pricing and terms in your subscription agreement or order form. Unless otherwise stated in that agreement, fees are billed monthly, are non-refundable, and subscriptions continue for the term stated in your agreement. Information on canceling a LotWalk subscription is available on our cancellation page. We may change pricing for future terms with reasonable advance notice.

4. Text Message (SMS) Notification Terms

Lotpop offers text message notifications and communications as part of the Services (the "Text Program"). This section governs all text messages sent by or on behalf of Lotpop.

a. Types of Messages

Depending on how you interact with us, the Text Program may include:

• Service Notifications: Account alerts, task reminders, performance notifications, and operational messages sent to dealership users of LotWalk.
• Dealer-Directed Outreach: Messages sent by Lotpop Connect to a dealership's leads and customers on behalf of, and at the direction of, that dealership.
• Informational and Follow-Up Messages: Messages related to demo requests, lead magnet downloads, workshops, or other inquiries you submit through forms on our website.

b. Consent and Opt-In

By providing your mobile phone number and checking the SMS consent box on one of our web forms, enabling text notifications in your LotWalk account, or otherwise agreeing to receive texts from us, you consent to receive text messages from Lotpop at the number provided. Consent to receive text messages is not a condition of purchasing any goods or services.

c. Opt-Out

You can opt out of text messages at any time by replying STOP to any message you receive from us. After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will receive no further texts from that program. You may also opt out by adjusting your notification settings within LotWalk or by contacting us directly. Opting out of texts does not affect other communications you have agreed to receive, such as emails.

d. Help and Support

For help with the Text Program, reply HELP to any message, email support@lotpop.com, or call 844-LOTPOP-4.

e. Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and network availability. Lotpop is not responsible for delays or failures in message delivery.

f. Privacy of Text Program Data

Phone numbers and opt-in data collected through the Text Program are handled as described in our Privacy Policy. Text messaging originator opt-in data and consent will not be shared with or sold to any third parties, excluding aggregators and providers of the text message services necessary to deliver messages.

g. Dealership Responsibilities for Lotpop Connect

Dealerships that engage Lotpop Connect to text leads or customers on their behalf represent and warrant that they have obtained all consents required by applicable law, including the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing laws, for each phone number they provide to Lotpop. The dealership is responsible for the accuracy of lead data it supplies and agrees to promptly communicate any opt-out or do-not-contact requests it receives. Lotpop honors all opt-out requests received directly through the Text Program.

h. Your Responsibilities

You agree to notify us promptly if you change, deactivate, or transfer the mobile number you enrolled in the Text Program. You are responsible for messages sent to a number you no longer control if you fail to notify us.

5. Acceptable Use

You agree not to:

• Use the Services in violation of any applicable law or regulation.
• Access or attempt to access accounts, data, or systems you are not authorized to use.
• Copy, resell, sublicense, or redistribute the Services or any part of them without our written permission.
• Reverse engineer, decompile, or attempt to extract the source code of our software.
• Interfere with or disrupt the integrity or performance of the Services.
• Upload or transmit malicious code, or use the Services to send spam or unlawful communications.

6. Intellectual Property

The Services, including all software, content, designs, logos, trademarks (including LotWalk, Lotpop Connect, LotTalk, and LotPorter), and documentation, are owned by Lotpop Inc. or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services for your dealership's internal business purposes during your subscription term. No other rights are granted.

7. Customer Data

You retain ownership of the data your dealership submits to the Services, including inventory, lead, and CRM data ("Customer Data"). You grant Lotpop a license to use Customer Data as necessary to provide, maintain, and improve the Services, and as described in our Privacy Policy. You are responsible for ensuring you have the rights and consents needed to provide Customer Data to us.

8. Third-Party Services

The Services may integrate with or link to third-party products, such as CRM systems, analytics providers, and messaging platforms. Lotpop does not control and is not responsible for third-party services, and your use of them is governed by their own terms.

9. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Lotpop disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that data or reports will be accurate or complete. Performance insights, benchmarks, and coaching recommendations are informational tools; business decisions based on them remain your responsibility.

10. Limitation of Liability

To the fullest extent permitted by law, Lotpop will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to the Services, even if advised of the possibility of such damages. Lotpop's total aggregate liability arising out of or related to these Terms or the Services will not exceed the amounts paid by you to Lotpop in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Lotpop and its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of applicable law (including telemarketing and text messaging laws with respect to lead data you provide), or your misuse of the Services.

12. Termination

We may suspend or terminate your access to the Services if you materially breach these Terms and fail to cure the breach after reasonable notice, or where required by law. Upon termination, your license to use the Services ends, and data handling follows our Privacy Policy and your subscription agreement. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Kansas, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you consent to the jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms periodically. Updates will be posted on this page with a revised "Last Updated" date. Material changes may also be communicated by email or in-app notice. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us