Does Aerus warrant that the software functions will meet the licensee's requirements?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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 provide a warranty that the functions contained within the software will meet a licensee's requirements. The software and documentation are provided "AS-IS" without any additional warranty. Aerus also does not warrant that the operation of the software will be uninterrupted or error-free.
This means that as a franchisee, you are accepting the software in its current state, and Aerus makes no guarantees that it will perform according to your specific needs or expectations. You are also assuming the risk that the software may have errors or interruptions.
This type of disclaimer is relatively common in franchise agreements, as it is difficult for franchisors to guarantee that software will meet the unique requirements of every franchisee or operate flawlessly at all times. Prospective Aerus franchisees should carefully evaluate the software's capabilities and assess whether it is suitable for their business needs before investing in the franchise.