Friday Systems, Inc. programs are protected by copyright laws pertaining to computer software. It is illegal to alter or copy any program without written permission from Friday Systems, Inc.
License Agreement
All software and web services described in this agreement are licensed for one dealership (same name and address). Supplemental licensing must be purchased for each additional installation unless otherwise noted.
Program start-up fees are non-transferable and non-refundable.
The start-up fee does not include on-site training, hardware support, network installation, re-installation of software, or transfer of data unless otherwise stated. Support not included within this contract may be available at an additional charge.
The Lot Wizard software itemized within this agreement remains the property of Friday Systems, Inc. The customer is required to pay subscription fees to keep the software operable. Failure to pay these fees may result in partial or full software shutdown.
Subscription/hosting fees are guaranteed and protected within the first year of this agreement. Fees are subject to changes thereafter upon 60 days written notice. Subscription fees include the use of all standard retail forms, program updates, minor version upgrades, and phone support for retail forms. Dealership-specific forms, leasing calculations, and leasing forms are available at an additional charge.
Terms of Agreement
The Lot Wizard monthly subscription includes both the use of the Lot Wizard software and hosting of customer data on a cloud-based SQL server (currently Microsoft Azure Hosting). The SQL server host is subject to change at any time. The customer will receive adequate notice if/when these changes take place.
Subscription fees also include document programming for standard dealership forms such as retail bank contracts, retail insurance verification forms, state papers, credit insurance certificates, national warranties, title releases, power of attorneys, standard buyer’s orders, and other standard state or national forms.
Subscription fees DO NOT INCLUDE customization of standard forms or credit applications, custom dealership forms, on-site support or training, special reserve calculations, hardware support, diagnostic support for non-Friday Systems software, or reinstallation or transfer of software or files.
All monthly fees are to be pre-paid on a quarterly or annual basis unless otherwise noted.
The customer agrees to maintain a reliable business-class internet service, available for connection to Friday Systems, Inc. and its cloud-based data servers. Hot spots, inconsistent, or slow data connections will result in poor performance of or failure to launch Lot Wizard software.
The terms and conditions of this agreement are applicable to transaction(s) outlined in this agreement and to all subsequent transactions between the customer and Friday Systems, Inc.
The customer is responsible for checking all financial calculations and information generated by the software described herein.
Friday Systems, Inc. shall not be held liable for any damages caused by delay in delivering or furnishing any product or service referred to in this agreement.
Any statements made by Friday Systems, Inc. and its employees, including but not limited to statements regarding capacity, suitability for use, or performance of software described on the reverse side, shall not be deemed a warranty or representation of Friday Systems, Inc. for any purpose, nor give rise to any liability or obligation of Friday Systems, Inc. whatsoever.
Friday Systems, Inc. is not liable to the customer for hardware incompatibilities or enhancements that may be necessary to operate the software.
Friday Systems, Inc. makes no guarantee as to the compatibility between the software herein and other third-party software.
Website service fees reflect the cost to create and maintain a website based on select design options offered by Friday Systems, Inc. Proprietary and custom graphics, styles, and formats requested by the customer will incur additional hourly charges.
Domain names originally registered through Friday Systems, Inc. will remain the responsibility of Friday Systems throughout the course of this contract. The customer will maintain renewals of domains originally registered by the customer.
Additional hosting charges may be applied to inventories exceeding 200 vehicles.
The customer agrees to allow Friday Systems, Inc. to publish the customer’s dealership(s) inventory to Friday Systems’ websites and other public websites. Inventory data feeds to third parties (such as Autotrader.com) may be subject to restrictions, authorizations, and fees placed by those third parties for which Friday Systems, Inc. holds no liability.
The recommended number of Lot Wizard user installs for the selected plan is based on average usage. A different plan may be necessary if heavy usage or a larger database is required. The maximum number of concurrent users (users signed in at one time) will be the upper limit of the subscription plan purchased.
For internal use, Friday Systems reserves the right to use the customer’s database(s) stored in the cloud or backup to help diagnose technical issues, test revisions, and assist the dealership with training or other problems that may occur. Friday Systems agrees not to sell or disseminate confidential dealership or customer (of dealership) information contained in the customer’s cloud database files to any third party without the customer’s knowledge and consent.
The customer agrees to receive email and phone notifications from Friday Systems, Inc. and their associates.
Limits of Liability
Friday Systems, Inc. agrees to take proper and appropriate precautions to safeguard customer data. Friday Systems is not responsible for the loss or dissemination of confidential data due to outside criminal activity unrelated to Friday Systems or its employees.
The customer assumes full responsibility that the services or merchandise described elsewhere in this agreement meet the specifications, capacity, capabilities, and other parameters required to perform as described by the customer.
The customer assumes full responsibility for the overall effectiveness and efficiency of the operating environment, including internet connectivity, in which the products are to function.
Friday Systems, Inc. shall not be liable for any damages or lost income caused by website downtime, delays, or faulty data feeds to the web services that Friday Systems may supply. Friday Systems, Inc. shall have no liability or responsibility to the customer or any other person or entity with respect to any liability, loss, or damage caused or alleged to be caused directly or indirectly by computer equipment or products/services provided by Friday Systems, Inc., including but not limited to, any interruption of service, loss of data, loss of business or anticipatory profits, or consequential damages resulting from the use or operation of the equipment and/or software. In no event shall Friday Systems, Inc. be liable for loss of profits, or any indirect, special, or consequential damages arising out of, or connected with the sale, use, or anticipated use of the products referred to herein.
Cancellation
In the event that the customer wishes to terminate services, written notification must be submitted to and confirmed by Friday Systems, Inc. 30 days prior to the cancellation date.
In the event that the customer resumes services after cancellation, the customer agrees to pay the full monthly rental for which data usage occurred.
Friday Systems Inc. does not guarantee any customer data preservation or archiving after cancellation takes effect. Should the customer wish to keep a copy of their data, the customer must request a data archive prior to their termination date. An additional storage fee may be assessed for this service.