Terms and Conditions
These Terms and Conditions ("Terms") govern use of the Lot Sidekick website (lotsidekick.com), application (app.lotsidekick.com), and related billing and communication services (collectively, the "Services"), operated by Lot Sidekick LLC, a Washington limited liability company ("Lot Sidekick," "we," "us," or "our").
Who these Terms apply to. Park owners and operators ("Park Owners") accept these Terms in full by clicking or tapping to accept where that option is presented, by creating an account, or by using the Services; if you use the Services on behalf of an entity, you represent that you have authority to bind that entity. Residents and tenants of communities that use the Services ("Residents") are bound only by Section 2 (Text Messaging Program Terms) and, where they use a resident-facing feature, Section 6 (Acceptable Use). Sections 3–5 and 8–11 apply only to Park Owners. Nothing in these Terms limits rights that Residents have under applicable landlord-tenant or consumer-protection law.
1. The Services
Lot Sidekick provides billing and communication software for manufactured-home communities, RV parks, and campgrounds. Park Owners use the Services to generate rent and utility bills, record payments, and communicate with their Residents. Lot Sidekick is a software platform: it is not a party to any lease or tenancy, does not set rents or utility rates, and prepares bills and messages based on data and instructions supplied by Park Owners.
2. Text Messaging Program Terms (for Residents)
Lot Sidekick operates a text messaging program that Park Owners use to contact Residents who have opted in (the "Program").
Program description. Messages are sent by your Park Owner — the community where you reside — via the Lot Sidekick platform, using a telephone number provisioned by Lot Sidekick. Each message identifies the community it is sent from. The Program is limited to informational and transactional messages relating to your tenancy and account: rent reminders, utility and water billing notices, payment confirmations, and community or operational notices. The Program is not used to send marketing, advertising, or promotional messages.
Opt-in. You will only receive messages if you have opted in by one of the following methods:
- completing an online form or checking a consent box (which is never pre-checked) that includes your mobile number;
- signing or initialing a standalone written consent disclosure — which may accompany, but is clearly labeled as optional and separate from, your lease — that states the community name, message types, message frequency, that message and data rates may apply, that consent is not a condition of tenancy, and STOP/HELP instructions; or
- texting a keyword (such as START) to your community's number.
Consent to receive text messages is not a condition of tenancy, of any purchase, or of receiving any service. When you opt in, you will receive a one-time enrollment confirmation message identifying the Program, expected message frequency, that message and data rates may apply, and STOP/HELP instructions.
Message frequency. Message frequency varies with your park's billing cycle and account activity; recurring messages are typically 1–6 per month. Messages are sent between 8:00 a.m. and 9:00 p.m. based on the recipient's local time, except for messages you specifically request.
Cost. Message and data rates may apply. Any such charges are billed by and payable to your mobile carrier. Contact your carrier for details on your plan.
Opt-out. You can opt out at any time by replying STOP (or END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT) to any message, or by any other reasonable method of revoking consent — including emailing [email protected] or notifying your Park Owner in writing or in person. Opt-out requests are honored as soon as practicable and in all cases within ten (10) business days. After you opt out, you will receive one final message confirming that you have been unsubscribed; a STOP request stops all text messages from your community's number. To rejoin, opt in again as you did the first time or text START or UNSTOP.
If you opt out. Opting out does not affect your tenancy or your obligation to pay amounts you owe, and will not by itself cause you to incur any fee. If you opt out, your Park Owner will continue to make your bills and any legally required notices available to you by other means (such as paper or email).
Help. Reply HELP to any message to receive the Program name and support contact information, email [email protected], or visit https://lotsidekick.com/contact.
Not a legal notice channel. Text messages sent through the Program are courtesy communications only. They are not, and may not be used as, legal notices. Any notice that applicable law requires to be in writing or served in a particular manner — including rent increase notices, utility rate or pass-through notices, rule changes, and notices of termination, nonpayment, or eviction — must be delivered separately by the Park Owner in the form and manner required by law. Opting in to, opting out of, or failing to receive a text message does not affect your legal rights, your tenancy, or your obligation to pay amounts due.
Who to contact. Your tenancy, your lease, and your billing relationship are with your Park Owner, not with Lot Sidekick. Questions or disputes about the amount of any bill, your rent, or your tenancy should be directed to your Park Owner. Contact Lot Sidekick for help with message delivery or opting out.
Carrier disclaimer. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and is not guaranteed.
Privacy. Information collected in connection with the Program is handled as described in our Privacy Policy at https://lotsidekick.com/privacy. Mobile opt-in data and consent are never shared with third parties for marketing or promotional purposes.
3. Park Owner Accounts and Responsibilities
Accounts. Park Owners must provide accurate account information and keep credentials secure. You are responsible for activity under your account.
Messaging responsibilities. Park Owners are responsible for the content of messages they send through the Program and for obtaining and maintaining all required consents. Each Park Owner represents and warrants that:
- each Resident enrolled in the Program provided prior express consent through one of the opt-in methods in Section 2 after receiving the full Program disclosure (community name, message types, frequency, "message and data rates may apply," consent-not-a-condition statement, and STOP/HELP instructions), in a language the Resident understands where required by law;
- it will retain records evidencing each consent (method, date, and the disclosure shown) for at least four (4) years and provide them to Lot Sidekick on request;
- it will not pre-select consent checkboxes, make messaging consent a default setting, or condition tenancy, lease renewal, or any service on a Resident's consent to receive text messages;
- it will promptly record in the Services any revocation of consent received by any means (including verbal or written requests made directly to the Park Owner), and will promptly update or remove a Resident's mobile number upon learning it is inaccurate, disconnected, or reassigned, immediately ceasing messages to any number whose current subscriber is not the consenting Resident;
- it will not use the Program to serve legally required notices (including rent increase, rule change, termination, nonpayment, or eviction notices), which must be delivered in the form and manner required by applicable law;
- it will not use the Program to send marketing, advertising, or promotional content, or any message unrelated to the Resident's tenancy or account, unless it has separately obtained prior express written consent meeting TCPA requirements; and
- it will not use the Program to collect debts owed to another party, debts acquired after default, or accounts placed with or assigned to a collection agency or attorney, and will not send collection-related messages outside 8:00 a.m.–9:00 p.m. at the Resident's location.
Resident requests. Park Owners will reasonably cooperate with Resident requests to review, correct, or delete their information.
4. Subscriptions, Fees, and Cancellation
Subscriptions and renewal. Paid plans are billed in advance on a monthly or annual basis as described at https://lotsidekick.com/pricing and automatically renew for successive periods of the same length until cancelled.
Cancellation. Park Owners may cancel at any time through account settings or by emailing [email protected]; cancellation takes effect at the end of the then-current billing period, and you will not be charged again after that.
Refunds. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial billing periods.
Price changes. We will give at least thirty (30) days' notice by email before any price increase, which will take effect at your next renewal; if you do not agree, cancel before the renewal date.
Taxes are your responsibility where applicable. Nonpayment: we may suspend Services for accounts more than fifteen (15) days past due, after notice.
5. Resident Data
As between the parties, the Park Owner owns and controls all Resident information uploaded to or generated in the Services ("Resident Data"). Park Owners grant us a non-exclusive license to host, process, transmit, and display Resident Data solely to provide the Services and as described in our Privacy Policy; we may use aggregated, de-identified data that does not identify any person or park. Lot Sidekick processes Resident Data only on the Park Owner's behalf and instructions, and not for its own purposes. We will: (a) impose confidentiality obligations on personnel handling Resident Data; (b) engage subcontractors under written terms no less protective than this section; (c) implement reasonable technical and organizational security measures; (d) reasonably assist the Park Owner in responding to Resident privacy requests and meeting its security and assessment obligations; (e) notify the Park Owner without undue delay after confirming a breach of security affecting Resident Data; and (f) delete or return Resident Data within sixty (60) days after termination, except as retention is required by law. For thirty (30) days after termination, Park Owners may export Resident Data in a standard format on request. Where an applicable state privacy law applies to the Park Owner, this section constitutes the data processing contract required by that law, with terms interpreted to satisfy it.
6. Acceptable Use
You agree not to use the Services to: send unlawful, harassing, deceptive, or unsolicited messages; violate telecommunications, debt-collection, landlord-tenant, fair-housing, or consumer-protection laws (including the TCPA and FCC rules, the FDCPA and Regulation F where applicable, state landlord-tenant and UDAP statutes, and CTIA messaging guidelines); infringe others' rights; or interfere with the operation or security of the Services. We may suspend or terminate accounts that violate these Terms, including where a Park Owner cannot produce consent records described in Section 3.
7. Intellectual Property; Your Content
The Services, including all software, content, and trademarks, are owned by Lot Sidekick or its licensors. We grant Park Owners a limited, non-exclusive, non-transferable right to use the Services for their intended purpose while these Terms are in effect. You retain ownership of content you submit and grant us a license to process it to provide the Services.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MESSAGE WILL BE DELIVERED.
THE SERVICES ARE A TOOL FOR PREPARING BILLS AND RECORDS BASED ON DATA AND SETTINGS SUPPLIED BY PARK OWNERS. LOT SIDEKICK DOES NOT VERIFY METER READINGS, RATES, OR CHARGES; DOES NOT PROVIDE LEGAL, TAX, OR UTILITY-RATE ADVICE; AND IS NOT A PARTY TO ANY LEASE OR TENANCY. PARK OWNERS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF BILLS ISSUED THROUGH THE SERVICES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO THEIR COMMUNITIES, INCLUDING LANDLORD-TENANT, UTILITY-RESALE, AND SUBMETERING LAWS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability (Park Owners)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOT SIDEKICK WILL NOT BE LIABLE TO ANY PARK OWNER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM USE OF THE SERVICES. LOT SIDEKICK'S TOTAL LIABILITY TO A PARK OWNER FOR ANY CLAIM ARISING OUT OF THE SERVICES WILL NOT EXCEED THE AMOUNTS THE PARK OWNER PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY FOR A PARTY'S FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE RIGHTS RESIDENTS HAVE UNDER APPLICABLE LAW.
10. Indemnification (Park Owners)
Park Owners will defend, indemnify, and hold harmless Lot Sidekick and its officers, employees, and agents from third-party claims, damages, and reasonable attorneys' fees arising out of: (a) Resident Data, including claims that Resident information was uploaded without required consent; (b) messages sent through the Program, including claims under the TCPA, FDCPA, or state telemarketing, debt-collection, or consumer-protection laws; (c) bills or charges issued through the Services; (d) claims that a legally required notice was not properly served; or (e) violation of these Terms or applicable law. We will promptly notify you of any claim and permit you to control the defense with counsel we reasonably approve; we may participate at our own expense, and you may not settle any claim imposing obligations on us without our consent. This section does not apply to Residents.
11. Termination
Either party may terminate a subscription effective at the end of the then-current billing period on notice. We may suspend or terminate access immediately for violation of these Terms or where required by law, and may discontinue the Services (or any feature) on at least sixty (60) days' notice to Park Owners with a pro-rata refund of prepaid, unused fees. Termination does not relieve you of fees accrued before termination. Data export and deletion are handled as described in Section 5. Sections that by their nature should survive termination (including Sections 5 and 7–14) will survive.
12. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days' advance notice by email to Park Owners and/or by prominent notice in the Services before the changes take effect; material changes to Section 2 will be communicated to enrolled Residents by text or through their Park Owner. Changes apply prospectively only and will not apply to any dispute that arose before the effective date of the change. If you do not agree to the updated Terms, stop using the Services (and, for Park Owners, cancel your subscription) before the changes take effect. Continued use after the effective date constitutes acceptance.
13. Governing Law and Venue
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law rules. Any dispute arising out of these Terms or the Services between Lot Sidekick and a Park Owner will be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to personal jurisdiction and venue there. Nothing in this Section deprives Residents of the protection of the landlord-tenant and consumer-protection laws of the state where their community is located, or limits any non-waivable rights under the consumer-protection laws of your state of residence.
14. General
Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain in effect.
Entire Agreement. These Terms, together with the Privacy Policy and any order or pricing page referenced at signup, are the entire agreement between you and Lot Sidekick regarding the Services and supersede all prior discussions.
Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including carrier or network outages, hosting-provider failures, acts of God, or government action.
No Waiver. Failure to enforce a provision is not a waiver.
Notices. We may provide notices by email to the address on your account or through the Services.
15. Contact
Lot Sidekick LLC
Email: [email protected]
Web: https://lotsidekick.com/contact