Under the Aerus software license, who is responsible for determining the desired results from using the software?

According to Aerus's 2025 Franchise Disclosure Document, the franchisee (Licensee) is solely responsible for determining the desired results from using the software provided by Aerus (Licensor). This means that Aerus does not guarantee the software will meet the franchisee's specific requirements. The franchisee is expected to evaluate the software's capabilities to ensure it aligns with their business needs and to operate the software successfully.

This allocation of responsibility has important implications for prospective Aerus franchisees. It underscores the need for franchisees to thoroughly assess the software during their due diligence. They should consider how the software will integrate into their business operations and whether it can deliver the results they expect.

Furthermore, Aerus explicitly disclaims any implied warranties of merchantability or fitness for a particular purpose. Aerus also does not warrant that the software's operation will be uninterrupted or error-free. This means the franchisee bears the risk if the software does not perform as expected or if there are any issues with its functionality. The franchisee also takes on the responsibility of lost data or lost profits due to the use or inability to use the software, even if Aerus has been advised of potential damage occurring.

In the franchise industry, it is common for franchisors to provide software and support to franchisees. However, the specific terms of software licenses can vary. Prospective franchisees should carefully review the software license agreement and understand their responsibilities and the franchisor's warranties, if any. It is important to determine if the software meets their business needs and what support is available if issues arise.