Does Aerus warrant that the operation of the software will be uninterrupted or error-free?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- **12.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO WARRANTIES GRANTED TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR THE SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
THE SOFTWARE AND DOCUMENTATION IS PROVIDED TO LICENSEE "AS-IS" WITHOUT ADDITIONAL WARRANTY OF ANY KIND.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.**
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus does not warrant that the operation of the software provided to franchisees will be uninterrupted or error-free. The document specifies that the software and documentation are provided "AS-IS" without any additional warranty.
This disclaimer means that franchisees assume the risk that the software may have errors or experience interruptions. Aerus is not liable if the software does not meet a franchisee's specific requirements or if the franchisee experiences any issues while using it.
Prospective Aerus franchisees should carefully consider this lack of warranty, as it could impact their business operations if the software malfunctions or is unavailable. It is important to evaluate the software's capabilities and ensure that franchisees have the technical expertise or support to address any potential issues that may arise. Franchisees may want to inquire about the frequency and nature of past software issues from existing franchisees to better understand the potential risks.