Terms of Use

These Terms of Use (these “Terms”) are an agreement between you and Intake Scout LLC, an Ohio limited liability company doing business as Lotably (“Lotably,” “we,” “us” or “our”). They apply when you visit or use any of our websites and online services, including lotably.com, app.lotably.com, and the websites we host for parking operators (each, an “operator”) at subdomains of lotably.com or at an operator’s own domain (together, the “Services”). For example, they apply when you pay or dispute a parking citation, buy a parking pass, or use a parker portal. By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

In short: if you received a parking citation, or bought parking on an operator’s page, the parking operator named on that citation or page, not Lotably, issued the citation, set the amount, receives your payment and decides any dispute or refund. Please contact the operator about those matters. Lotably provides the software the operator uses.

1. Who these Terms apply to

1.1 Visitors. These Terms apply to everyone who visits lotably.com, app.lotably.com or an operator website that we host.

1.2 Drivers and parkers. These Terms apply when you use an operator’s website or parker portal to look up, pay or dispute a citation, buy a pass, manage a monthly parking subscription, issue a guest pass, or receive messages about any of these. The operator may also have its own rules and terms, such as its parking rules, permit terms and refund policy, which govern your relationship with the operator. If you are under the age of majority where you live, use the Services only with the involvement of a parent or guardian.

1.3 Business customers. If you use the Services on behalf of a parking operator or other business that has a Software Services Agreement or other written agreement with Lotably for the Services, or you are applying for one, that agreement governs the business’s use of the Services and controls over these Terms if they conflict. Users of business accounts must also follow our Acceptable Use Policy.

1.4 Privacy. Our Privacy Policy explains how we handle personal information, including when we process information on behalf of an operator.

2. Operators run their own parking programs

2.1 Lotably is a technology provider. Each operator is a separate business or public body that uses Lotably’s software. The operator named on a citation, page or receipt, not Lotably:

• issues citations, warnings, boot notices and tow notices;
• sets parking rules, fines, fees and the prices of passes and subscriptions;
• decides disputes and refunds;
• carries out any booting or towing;
• is responsible for its signs and for complying with the law; and
• receives your payment.

2.2 What Lotably does not do. Lotably does not issue citations, set amounts, decide disputes or refunds, boot or tow vehicles, or collect debts, and we cannot change an operator’s decision. Lotably is not a government agency, court or police department.

2.3 Contacting the operator. Please contact the operator using the details on your citation, receipt or the operator’s page. If you cannot reach the operator, contact us and we will try to pass your message on.

2.4 No endorsement. An operator’s website shows the operator’s own name and branding. Hosting an operator’s website does not mean that Lotably endorses the operator or has verified its authority to enforce parking at any property.

3. Paying a citation or buying parking

3.1 Stripe processes payments. Payments are processed by Stripe. Your card or bank details are entered directly into Stripe’s secure payment fields, and Lotably never receives or stores your full card number. Stripe’s use of your information is described in its privacy policy.

3.2 Your payment goes to the operator. When you pay, you are paying the operator, which is the merchant for your payment, and your statement will usually show the operator’s name. Lotably does not add its own fee to what you pay; any fees shown are set by the operator. The operator pays Lotably for the software, which may include a percentage of each online payment that Stripe deducts from the operator’s share.

3.3 Check your details before paying. You are responsible for entering the correct citation number, license plate, location, pass, dates and other details. A parking pass is valid only for the plate and location you choose and for the period shown when you buy it, and does not guarantee that a space will be available unless the operator says so. During an event, the operator may offer only an event rate.

3.4 Receipts. If you give an email address or phone number, the operator’s receipt and related messages will be sent to it. Your mobile carrier’s message and data rates may apply to text messages.

3.5 Refunds and card disputes. Refund requests must be made to the operator, and the operator’s refund policy applies. Lotably cannot issue refunds. Whether you can still dispute a citation after paying it depends on the operator’s rules. You may also have rights with your card issuer.

3.6 Monthly parking subscriptions. If you sign up for monthly parking, you will be charged on the schedule shown when you sign up until the subscription is canceled. You can cancel through the parker portal where the operator offers that option, or by contacting the operator. The operator’s terms govern the subscription, including any notice period and refunds.

4. Disputing a citation

4.1 How to dispute. To dispute a citation, use the operator’s contest page, if it offers one, or the method shown on your citation, within the deadline the operator or the law sets. Please give truthful information and only photos and evidence that relate to your citation.

4.2 Who decides. The operator decides every dispute. Operators may use software tools, including AI-generated recommendations prepared by our service providers (see our Privacy Policy), to help them review disputes, but the Services are designed so that a person at the operator makes the decision. Lotably does not review or decide the merits of any dispute.

4.3 Your other rights. Using the contest page does not affect any other legal rights you may have about a citation.

5. Accounts and sign-in

5.1 Parker portal. If an operator gives you access to its parker portal, you may sign in using a link sent to your email. Keep access to your email secure and do not share sign-in links. You are responsible for activity under your portal account. If you can issue guest passes, issue them only for genuine guests and within the operator’s rules. The operator controls portal access and may end it.

5.2 Business accounts. If you have a business user account, keep your password confidential, do not share your account, and tell your administrator and us promptly about any unauthorized use.

6. Acceptable use

When you use the Services, you must not:

• break the law or help anyone else do so;
• give false information, impersonate anyone, or pay with a card or account you are not authorized to use;
• access or try to access information that is not yours, for example by guessing citation numbers to view other people’s citations;
• probe, scan or test the vulnerability of the Services, or bypass any security measure, rate limit or access control;
• scrape, crawl or use bots or other automated means to access the Services;
• interfere with, disrupt or overload the Services, or upload malicious code;
• reverse engineer, decompile or copy the Services, except to the extent the law allows;
• upload content that is unlawful, defamatory, obscene, hateful or infringing, or that violates anyone’s privacy; or
• harass, threaten or abuse operator staff, Lotably staff or anyone else.

7. Content you submit

You keep ownership of the content you submit, such as dispute statements and photos. You allow the operator and Lotably to use, copy, store, transmit, display and process that content to provide, secure and improve the Services (including through the service providers described in our Privacy Policy), to create de-identified information, and to handle your matter, for example by showing your dispute to the operator. You confirm that you have the right to submit it. Please do not include other people’s personal information unless it is needed.

8. Intellectual property

The Services, including their software, design, text and graphics and the Lotably name and logo, are owned by Lotably or its licensors and are protected by law. Operators’ names and logos belong to the operators. We give you a limited, personal, non-transferable right to use the Services for their intended purpose under these Terms. You may not copy, modify, distribute or create derivative works from the Services except as the law allows. If you send us feedback, we may use it without any obligation to you.

9. Third-party services and links

The Services rely on third-party services, such as Stripe for payments, and may link to other websites. We are not responsible for third-party services or websites, and their own terms and privacy policies apply to your use of them.

10. Availability and changes

We may change, suspend or discontinue any part of the Services at any time. We do not guarantee that the Services will always be available or error-free, and they are not designed for emergency use. If the Services are unavailable close to a payment or dispute deadline, contact the operator using the details on your citation.

11. Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND LOTABLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LOTABLY MAKES NO PROMISE ABOUT ANY OPERATOR, CITATION, AMOUNT OR DECISION.

Some laws do not allow warranties or conditions to be excluded. If you are a consumer, you may have rights under the consumer protection laws of your state, province or country that cannot be excluded, and nothing in these Terms affects those rights.

12. Limitation of liability

12.1 Exclusions. TO THE EXTENT PERMITTED BY LAW, LOTABLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

12.2 Operators’ acts. TO THE EXTENT PERMITTED BY LAW, LOTABLY IS NOT LIABLE FOR THE ACTS OR DECISIONS OF ANY OPERATOR, INCLUDING ITS CITATIONS, FINES, FEES, SIGNS, BOOTING, TOWING, DISPUTE DECISIONS AND REFUNDS. CLAIMS ABOUT THESE MATTERS SHOULD BE MADE AGAINST THE OPERATOR.

12.3 Cap. TO THE EXTENT PERMITTED BY LAW, LOTABLY’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID DIRECTLY TO LOTABLY IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND US$100. PAYMENTS YOU MAKE TO AN OPERATOR ARE NOT PAYMENTS TO LOTABLY.

12.4 What is not limited. Nothing in these Terms limits or excludes liability for fraud, gross negligence or willful misconduct, for death or personal injury caused by negligence, or for anything else that cannot be limited or excluded by law. Consumers in Canada and in some US states have rights under consumer protection laws that cannot be waived or limited by contract, and nothing in these Terms affects those rights.

12.5 Business customers. If you use the Services for a business that has a Software Services Agreement or other written agreement with Lotably for the Services, the limitation of liability in that agreement applies instead of this Section 12.

13. Indemnity

If you use the Services for business purposes, and you are not covered by a Software Services Agreement or other written agreement with Lotably for the Services, you will defend, indemnify and hold harmless Lotably and its owners, managers, employees and agents from and against any third-party claims, losses and expenses, including reasonable legal fees, arising out of your breach of these Terms or your misuse of the Services. This Section does not apply to consumers.

14. Suspension and termination

We may suspend or end your access to all or part of the Services if we reasonably believe you have breached these Terms, to protect the Services or other people, or where the law requires it. You may stop using the Services at any time. Business accounts end as described in the business’s agreement with Lotably. Sections 7, 8 and 11 to 17 survive the end of your use of the Services.

15. Governing law and disputes

15.1 Governing law. These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws rules.

15.2 Courts. Except as Section 15.3 provides, the state and federal courts located in Hamilton County, Ohio have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

15.3 Consumers keep their local protections. If you are a consumer, you keep the protection of any mandatory provisions of the law of the state, province or country where you live, and you may bring proceedings in the courts where you live if that law gives you that right.

15.4 Talk to us first. If you have a concern about the Services, please contact us first so we can try to resolve it informally.

15.5 Disputes about citations. Disputes about a citation, parking charge, boot, tow or refund are between you and the operator, under the laws and procedures that apply to that citation or charge. These Terms do not govern them.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new version date and, if a change is material, take reasonable steps to let you know, for example by a notice in the Services or by email if you have an account. Changes apply from the date they are posted, or any later date we state, and do not apply to disputes that arose before then. If you keep using the Services after a change takes effect, you accept the updated Terms. Changes to a business’s agreement with Lotably follow the process in that agreement.

17. General

17.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms that apply to a particular part of the Services, are the entire agreement between you and Lotably about the Services. They do not govern your relationship with an operator.

17.2 Other terms. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms. We may transfer our rights and obligations to an affiliate or as part of a merger, acquisition or sale of all or part of our business. Nothing in these Terms creates a partnership, agency or employment relationship.

17.3 Electronic communications. You agree that we may communicate with you electronically, and that electronic notices, records and agreements satisfy any requirement that they be in writing.

18. Contact us

Intake Scout LLC d/b/a Lotably, 1142 Carney Street, Cincinnati, Ohio 45202. Email: cody@lotably.com. Phone: +1 (513) 348-3049.

If your question is about a citation, payment, pass, boot, tow or refund, please contact the operator named on your citation or receipt first.