Terms of service

LotOwl is the trade name of Nuvina Systems, LLC, which does business as LotOwl (“LotOwl,” “we,” “us,” “our”). These terms of service (the “Terms”) are an agreement between LotOwl and the dealership that signs up for LotOwl (“you,” “your”). They cover your use of lotowl.ai (the “Site”), the LotOwl service (the “Service”), and any text messages you receive from LotOwl.

By signing up, paying for or using the Service, you agree to these Terms. If you sign up for a dealership, you confirm you are authorized to agree for it. If you don't agree, don't use the Service.

Our privacy policy explains how we handle information and is part of these Terms.

• Buyer means a person who contacts your dealership, whose lead or messages LotOwl handles for you.
• Team member means a person you add to your LotOwl account.
• Your data means the information you or your buyers provide through the Service, including leads, conversations, team details, lot details and your cars for sale.
• Lot means one physical dealership location.
• Replies means the messages LotOwl writes and sends to buyers for you.

LotOwl answers your dealership's internet leads by text, email and WhatsApp, books visits, follows up with buyers who go quiet, alerts your team, and sends leads to your CRM. It answers from the details you give us during setup and from your cars for sale.

• Texting starts as soon as the carriers approve your registration, usually within a couple of days (see “Carrier registration”).
• WhatsApp uses your own WhatsApp business number, connected during setup.
• Email replies go to buyers who wrote by email.

LotOwl answers and qualifies buyers and books visits. It doesn't negotiate, quote final prices you haven't set, approve financing or close sales; your team does.

• You give us accurate information when you sign up and keep it up to date.
• Your plan includes up to 5 people who can sign in, the owner included. People who only get alerts don't count. If you need more, ask and we'll add 5 more at no charge.
• You are responsible for everything done under your account, including by your team members, and for keeping sign-in links and access private. Tell us right away at [email protected] if you think someone used your account without permission.
• You must be a business, and the person signing up must be at least 18.

• Price. The plan is $699 a month, for up to 2 lots. A third lot and more cost extra, at a price we agree with you before adding them. There is no setup fee; setup, the setup call and your carrier registration fees are included.
• Texts. Your plan includes 4,000 text messages a month. Texts over that are $0.03 each, added to your next bill. We email the owner at 80% and 100% of the allowance, and LotOwl never stops replying. Email and WhatsApp are unlimited at no extra cost.
• Month to month. There's no contract or minimum term. Your plan renews each month until you cancel.
• Billing. We bill monthly in advance, on the same date each month, to the card or payment method you give us, through Stripe. You authorize those charges.
• Taxes. Prices don't include sales or similar taxes, which we add where the law requires.
• No refunds. Once a month is billed, it is non-refundable, including if you cancel, pause or the agreement ends during that month. The 30-day promise below gives a free month, not money back.
• Price changes. If we change the price, we email you at least 30 days before it applies to your next bill. You can cancel before then.

If LotOwl doesn't book a single visit with a buyer in your first 30 days, your next month is free. Only visits LotOwl books count, not ones your team books. The promise applies once, to a dealership's first 30 days, and takes the form of a free month, not money back.

If a payment doesn't go through, we email you and keep trying the card. LotOwl keeps answering for 7 days. If the payment still hasn't gone through after that, we pause LotOwl until it does, and email you. As soon as the payment goes through, LotOwl is switched back on as it was. You can update your card from your billing screen at any time.

You can pause for 1, 2 or 3 months from your billing screen. LotOwl keeps answering until the end of the month you've paid for, then rests; nothing is charged while it's paused, and billing restarts on its own when the pause ends. If you resume early, we charge only the rest of that month, prorated, and your billing date stays the same. We show you the exact amount before you confirm.

You can cancel at any time from your billing screen, in a few clicks, with no fee. Your plan ends at the end of the month you've paid for, and you can undo the cancellation until then. After it ends, you can still sign in and download your data for 90 days (see “Your data”).

LotOwl sends messages to your buyers for your dealership, under your dealership's name. That makes some things yours:

• Consent. You are responsible for having permission to contact every buyer whose lead you send to LotOwl, and for only sending leads from sources you're allowed to use.
• Compliance. You are responsible for following the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and texting laws, and any other law that governs your communications with your buyers.
• Your privacy policy. Your own privacy policy tells your buyers that you use service providers like LotOwl to answer them.
• Carrier registration. You give us accurate details for your texting registration (see below).
• Accuracy. You keep your car listings, prices, lot hours and setup answers accurate; LotOwl answers from them.
• Instructions. You don't ask LotOwl to say anything false or misleading, or anything you couldn't lawfully say yourself.

US carriers require every business that texts customers to register a brand and a campaign (A2P 10DLC). Your texting is registered under your dealership's name, and the registration fees are included in your plan. We file it with the details you give us when you pay: legal business name, tax ID (EIN), business address, website and an authorized contact person. Texting starts once the carriers approve, usually within a couple of days. Carriers decide approval, and may filter or block messages; we can't control their decisions or timing. Until texting is approved, LotOwl answers by email and WhatsApp.

When you contact a dealership that uses LotOwl (through a lead form, a marketplace listing such as CarGurus, a text or WhatsApp), LotOwl answers for that dealership. Those messages come from the dealership, about the car or visit you asked about: replies to your questions, visit confirmations and reminders, and, if you go quiet, a few follow-ups.

• Follow-ups: at most seven, 1, 3, 7, 14, 30, 60 and 90 days after the last reply, then none. Only Monday to Saturday, 10 AM to 7 PM in the dealership's time zone, and never two on the same day.
• Stopping: reply STOP (or a word like PARAR, BAJA or SAIR) to any message. You get one confirmation, and that dealership's LotOwl never messages you again. Reply START to come back.
• Permission: the dealership is responsible for having your permission to contact you.

LotOwl may collect and use phone numbers to send SMS and MMS messages. These fall into two kinds, and they are consented to separately:

• Non-marketing messages: setup call confirmations, appointment reminders, scheduling notifications, account updates, and replies to questions you send us.
• Marketing messages: special offers and promotional communications.

Agreeing to one is not agreeing to the other. You may consent to non-marketing messages without ever receiving a promotional one, and we will not treat consent to appointment reminders as permission to send you an offer. Each is a separate checkbox, unticked by default.

By providing your phone number and opting in through our website or another authorized channel, you expressly consent to receive recurring text messages of the kind or kinds you selected, from or on behalf of LotOwl.

Message frequency may vary. Consent to receive SMS messages is not a condition of purchase or of any service we provide. Message and data rates may apply depending on your wireless carrier. Wireless carriers are not liable for delayed or undelivered messages.

You may opt out of SMS communications at any time by replying STOP to any message. For assistance, reply HELP or contact us at [email protected]. Opt-out requests are honored immediately, though you may continue to receive legally required or transactional messages where applicable. Opting out of texts does not affect your account, your email, or your phone calls.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service and the messaging provider that delivers the message on our behalf, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Full details of how we handle your information are in our privacy policy.

LotOwl writes replies with AI. Replies follow your setup answers and rules we set, but AI can still be wrong, incomplete or a poor fit for a conversation. You can read every conversation in your dashboard, take over any of them, and pause LotOwl at any time. A person on your team stays reachable to buyers.

Your data is not used to train AI models, ours or anyone else's.

You and your team members won't:

• use the Service to send spam, or messages to people who haven't agreed to hear from you or have asked you to stop;
• use the Service for anything unlawful, deceptive or harassing, or for anything other than selling and servicing vehicles;
• copy, resell, rent or share the Service, or let anyone outside your dealership use your account;
• reverse engineer, scrape or try to get the Service's source code or prompts;
• probe, test or get around the Service's security, or overload it;
• upload anything that contains malware or that you don't have the right to share.

• It's yours. Your dealership owns your data, including your buyers' leads and conversations.
• Our use. You let us use your data only to provide, secure and support the Service for you, and as our privacy policy describes. We don't sell it, use it for other dealerships, or use it to train AI models.
• Download. You can download your leads and conversations at any time while you use LotOwl, and for 90 days after your plan ends.
• Deletion. On day 91 after your plan ends, we delete your data. We keep billing records as the law requires, and buyers' STOP requests, so those buyers are never messaged again.

LotOwl, including its software, design, prompts, workflows and brand, belongs to us. These Terms give you the right to use the Service while your plan is active; they don't transfer any ownership. If you send us ideas or feedback, we may use them freely, without owing you anything.

The Service works with other companies' services, such as lead marketplaces, your CRM, WhatsApp, our messaging and payment providers, and the phone carriers. Their own terms apply to your use of them. We're not responsible for their services, for changes they make, or for messages they delay, filter or block.

Each of us will protect the other's non-public business information, such as your data and our pricing, product plans and how the Service works, use it only for the Service, and share it only with people who need it and are bound to protect it. This doesn't cover information that is public through no fault of the receiver, already known to it, or required by law to be disclosed.

We work to keep LotOwl running at all hours, every day. It may sometimes be unavailable for maintenance, updates or problems outside our control, and we don't promise any specific uptime. We may improve or change features; if a change takes away something important you rely on, we'll tell you first.

We may pause the Service for your dealership, without ending your plan, if a payment is overdue as described above, if you break these Terms in a way that puts buyers, the Service or others at risk, if a carrier or the law requires it, or to stop a security problem. We'll tell you why, and switch it back on once the problem is resolved.

You can end it by cancelling, as described above. We can end it if you seriously break these Terms and don't fix it within 10 days after we tell you, or right away if the breach can't be fixed or involves unlawful messaging. “Your data,” “Our property and feedback,” “Confidentiality,” the disclaimers, limits of liability and indemnity continue after the agreement ends.

Except as these Terms say, the Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't promise any number of leads, replies, visits or sales, or that every reply will be correct.

To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, special or consequential damages, or for lost profits or lost business. Our total liability for any claim relating to the Service or these Terms is limited to the fees you paid us in the 12 months before the claim. These limits don't apply to your payment obligations or to your indemnity below.

You will defend and cover LotOwl against claims, fines and costs (including reasonable legal fees) brought by others that arise from your data, your messaging to your buyers (including consent and compliance with texting and telemarketing laws), or your breach of these Terms.

We will defend and cover you against claims brought by others that the Service, as we provide it, infringes their intellectual property.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Before starting any legal action, we'll each try in good faith to settle the dispute by talking for 30 days after one of us writes to the other. If that doesn't work, disputes are resolved in the state or federal courts located in Orange County, Florida, and we each agree to those courts.

We may update these Terms. For a material change, we email you at least 30 days before it takes effect; if you don't agree, you can cancel before then. The effective date at the top shows the latest version.

• Whole agreement. These Terms and the privacy policy are the whole agreement between us about the Service. Where a signed agreement between us says something different, it controls.
• Notices. We send notices by email to your account's owner and billing address; you send them to [email protected].
• Events outside our control. Neither of us is responsible for delays caused by events beyond reasonable control, such as outages at carriers or providers, natural disasters or changes in law.
• Assignment. You may not transfer these Terms without our written agreement. We may transfer them as part of a merger, acquisition or sale of the business.
• Severability and waiver. If part of these Terms can't be enforced, the rest still applies. Not enforcing a term isn't a waiver of it.

Questions about these Terms: [email protected].

LotOwl, a trade name of Nuvina Systems, LLC.