MakeHOME Terms & Conditions

Important information about MakeHOME and this Agreement

Last Updated: December 2024
Contact: support@makehome.app

Important: By joining MakeHOME, you agree to be bound by these terms and conditions, the terms of use for the Platform and the Privacy Policy. You should read these Terms and Conditions carefully as they govern your use of the Platform and its functionality.

1Overview

This makeHOME Terms and Conditions document describes how makeHOME works and forms a legal agreement between you, the end user, and makeHOME that applies each time you use or access the makeHOME website at https://www.makeHOME.app made available to end users, and/or any makeHOME services through any means and their associated content, features, tools, and materials (collectively, the "Platform").

Agreement Acceptance

By joining makeHOME, you agree to be bound by the terms and conditions, the terms of use for the Platform and the Privacy Policy, as well as any other terms and conditions which you may accept to receive additional services on the makeHOME Platform.

Important Notice

You acknowledge that this Platform is managed by makeHOME and not by the owner, manager or any third party affiliated with the property or land for which you pay Rent (your "Rental Provider"), and you agree that this Agreement is between you and makeHOME, and that your Rental Provider is not a party to such Agreement.

2Definitions
In this document, the following words have the special meanings below.
1

"Agreement"

Shall refer to the makeHOME terms and conditions, along with any other rules, terms, regulations, and policies and procedures that makeHOME may issue in writing in conjunction with the Platform.

2

"Authorized user"

Shall mean anyone legally authorized by you to use your Membership Account.

3

"Linked Card"

Shall mean an Eligible Card that a user links for use in connection with participation in the Platform.

4

"Membership Account" or "Account"

Shall mean the Platform account through which the Member participates in the Platform.

3Changes to This Agreement

We may make changes to the Platform and the terms of this Agreement at any time and at our sole discretion. For example, we may temporarily or permanently prohibit you from using any features of the Platform at any time and at our sole discretion.

We may:

  • • Add new platform terms, delete platform terms, or change existing platform terms
  • • Change how you earn a loyalty bonus

Important Notice

We reserve the right to terminate, expire, modify or restrict any aspect of the platform at any time with or without notice, including cancellation of your Membership in the platform, with or without cause.

4Caution and Warning

MakeHOME reserves the right to reject, revoke, cancel, terminate, or suspend any Membership, benefit, this Agreement, and take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member.

Grounds for Action

MakeHOME may take action if it believes a Member has:

  • • Violated any of the platform rules
  • • Abused the Platform or acted in a manner to illegitimately accumulate Points
  • • Acted in a manner inconsistent with applicable law, regulations or ordinances
  • • Engaged in any misconduct or wrongdoing in connection with the Platform
  • • Engaged in abusive, fraudulent, inappropriate, or hostile conduct

Legal Compliance

You acknowledge and agree that you are bound by all applicable laws, regulations and ordinances. Any attempt to deliberately damage or undermine the legitimate operation of the Platform or Website may be a violation of criminal and civil laws.

5Communication

We may send communications about the Platform and marketing messages to you at any mailing or email address in our records or through our online services, such as SMS or Website.

Marketing Consent

By providing your phone number and enrolling in the Platform, you are providing makeHOME or our agents your express consent to receive marketing messages, SMS, and texts, including by automated means.

Information Updates

Let us know right away about any changes to your contact information in makeHOME or Website. You must also timely notify us of any changes to your information provided to a Bank Partner.

6Limitation of Liability and Release

Important Legal Notice

BY ENROLLING IN THE PLATFORM, YOU AGREE TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST MAKEHOME, ITS PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS.

You agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims related to:

  • • The Platform and/or makeHOME app or website
  • • Any errors published in relation to the Platform
  • • Any change in any benefit due to unavailability
  • • Any interruptions in or postponement of the Platform
  • • Human error or technical malfunctions
  • • Any wrongful, negligent, or unauthorized acts
  • • Lost, late, misdirected, damaged correspondence
  • • Theft or unauthorized redemption of benefits

Sole Remedy

THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PLATFORM SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PLATFORM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE.

7Disclaimer of All Warranties

"As Is" Disclaimer

THE PLATFORM, INCLUDING THE PLATFORM, MAKEHOME APP OR WEBSITE, AND ALL POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Neither makeHOME nor its agencies warrant that:

  • • Any information will be timely, accurate, reliable or correct
  • • This Platform will be secure or available at any particular time or place
  • • Any defects or errors will be corrected
  • • This Platform will be free of viruses or other harmful components
  • • Any result or outcome can be achieved

No Legal Rights

NEITHER THE PLATFORM NOR ANY BENEFIT OFFERED BY THE PLATFORM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY MEMBERS AGAINST MAKEHOME. A MEMBER'S USE OF THE PLATFORM IS SOLELY AT THE MEMBER'S OWN RISK.

8Severability

The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of this Agreement should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this Agreement in such a manner as to enable the remaining portions of this Agreement to remain in full force and effect.

9Enforceability and Governing Law

The failure of makeHOME to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement constitutes the entire Agreement between you and makeHOME with regard to your use of the Platform.

Governing Law

The laws of the State of New York govern your access to, and use of, the Platform and the terms of this Agreement.

10Dispute Resolution

This Section Affects Your Rights

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non-appearance based final and binding arbitration.

11Privacy

For an explanation of makeHOME's practices and policies relating to the collection, use, and storage of Member personal information, please refer to makeHOME's Privacy Policy.

Marketing Consent

By providing your phone number and enrolling in the Platform, you are providing your express consent for MakeHOME to collect engagement and transaction information from our merchant partners about you, including your name and phone number, as a member of the Platform in order to provide notice and issuance of rewards and benefits in our merchant ecosystem.

View Privacy Policy
12Payment Card Linking

If you register a payment card in connection with makeHOME, we will collect or receive data relating to transactions with the registered payment card from third parties including Rewards Network Establishment Services Inc.

Transaction Data Usage

Transaction data will be used to monitor transactions on your registered payment card(s) to identify qualifying purchases, determine eligibility for the platform, operate and analyze the effectiveness of the payment card linking.

Card Linking Process:

To link a card, go to your account and follow the prompts to enter the Eligible Card information and click "submit."
To un-link a Linked Card, go to your Account, tap on the card you would like to unlink, follow the prompts to unlink such card.
13makeHOME Rent Account

makeHOME may make available to you a makeHOME Rent Account ("Payment Account"), which is a transaction bank account established by us for your benefit and the benefit of other MakeHOME customers that can be used for the limited purpose of facilitating Rent payments to your payee.

Important Notice

You acknowledge and agree that, in making the Payment Account available to you, you do not hold an account at the Payment Account Bank who maintains the Payment Account and that you are not a customer of such Payment Account Bank. You cannot give a security interest or pledge this Payment Account.

Account Limitations:

  • • Limits on the size, frequency, and timing of Rent payments
  • • Per transaction or cumulative basis limitations
  • • Changes to limits at any time
  • • Additional requirements or restrictions may be imposed

Security Requirements

You agree to keep confidential and to take all reasonable precautions and make all reasonable efforts to protect the secrecy of all Credentials issued to you, selected by you, or utilized by you. If any of your Credentials become lost or known to another person, you agree to notify us immediately.

Contact Us
For more information regarding these Terms & Conditions, or if you have any questions or concerns

These Terms & Conditions were last updated on December 2024