These Terms of Service (the “Terms”) govern your use of MakeMyMonth, a sales activity tracking application available at makemymonth.com (the “Service”), operated by MakeMyMonth (“we,” “us,” “our”). By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If your dealership gave you this app: your employer controls your account and can see the numbers you enter. Your employer’s agreement with us also applies, and where it conflicts with these Terms for business matters like fees and data ownership, that agreement controls.
MakeMyMonth is a planning and self-tracking tool for automotive salespeople. You enter an income goal and an average commission figure, and the Service calculates activity targets — cars, ups, demos, write-ups, and appointments — and tracks the daily numbers you enter against those targets. Managers at your dealership can view team activity and receive summary reports.
When a dealership enrolls you, that dealership is the controller of your account data. This means:
A dealership that enrolls users represents and warrants that it is authorized to do so and that it has notified those users that their activity is visible to management, as required by applicable employment and privacy law.
All figures in the Service are self-reported. We do not connect to your dealership management system, CRM, payroll system, or any other system of record, and we do not verify what you type. You are responsible for the accuracy of what you enter.
THE SERVICE IS A PLANNING TOOL, NOT A PROMISE. Goals, pace indicators, projected commissions, and activity targets are arithmetic performed on numbers you supply. They are not a prediction, representation, promise, or guarantee that you will earn any particular amount of income or commission, sell any number of vehicles, or retain employment. Actual results depend on factors outside the Service, including your market, inventory, pay plan, and effort.
You agree not to:
Where a dealership subscribes to the Service, fees, billing frequency, and payment terms are set out in the ordering document or subscription agreement between us and that dealership. Fees are non-refundable except as required by law or as expressly stated in that agreement. Pilot and evaluation access may be provided free of charge and may be modified or withdrawn at any time.
We own the Service, including its software, design, brand, and the methods it uses to calculate goals, targets, and coaching signals. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service while your account is active. No other rights are granted.
You and your dealership retain ownership of the data you enter. You grant us a license to host, process, transmit, and display that data as needed to operate and support the Service, and to use aggregated and de-identified data — data that does not identify you, your dealership, or any individual — to improve the Service and produce industry benchmarks.
We aim to keep the Service available but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time. We may perform maintenance without notice. Where a dealership subscription agreement includes a specific availability commitment, that commitment controls for that dealership.
You may stop using the Service at any time. A dealership administrator may deactivate your account. We may suspend or terminate access if you breach these Terms, if we reasonably believe your use creates risk or legal exposure, or if the dealership’s subscription ends. On termination, your access ends immediately. Data handling after termination is described in our Privacy Policy.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ITS CALCULATIONS OR OUTPUTS WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST COMMISSIONS, LOST INCOME, LOST SALES, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
If you are a dealership, you will defend, indemnify, and hold us harmless from claims, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Service, your enrollment of users, your failure to provide required notices to your employees, your use of the Service’s outputs in employment decisions, or your breach of these Terms.
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida, and waive any objection to venue there. Before filing a claim, you agree to contact us at support@makemymonth.com and attempt to resolve the dispute informally for thirty days.
We may update these Terms. If we make a material change, we will update the effective date above and give notice through the Service or by email before the change takes effect. Continuing to use the Service after that means you accept the updated Terms.
These Terms, together with any dealership subscription agreement, are the entire agreement between us regarding the Service. If a provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
MakeMyMonth — support@makemymonth.com