May a Bens Soft Pretzels franchisee be required to license software for the POS system?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- D.
POS System.
You must purchase a POS system that complies with our standards and requirements, including all future updates, supplements and modifications (the "POS System") and sign any related agreements (now or in the future; current forms attached as a Schedule to this Agreement).
The POS System is a tool for you to use in the operation of your Store and not as a means for us to exercise control over the day-to-day operation of your Store.
The POS System includes all hardware and software used in the operation of the Store, including electronic point-ofsale cash registers and any designated software used to record and analyze sales, customer count, average check amount, customer data ("Customer Information" as further defined below), labor, inventory, product usage, employee information and tax information.
The POS System also will include any credit card processing system and/or gift card processing system we designate.
It is your responsibility to make sure that you are in compliance with all laws that are applicable to the POS System or other technology used in the operation of your Store, including all data protection or security laws as well as PCI compliance.
The computer software package developed for use in the Store may include proprietary software.
You may be required to license the software from us, an affiliate or a third party and you also may be required to pay a software licensing or user fee in connection with your use of software and all other fees associated with the POS System or any other technology used in the operate of the Business.
All right, title and interest in the software will remain with the licensor of the software.
You shall not use or download any software on your computer unless it has been authorized by us in writing.
In the event that you use or download any unauthorized software, you shall be liable for all damages and problems caused by the unauthorized software in addition to the other remedies provided under this Agreement.
You acknowledge and agree that we will have full and complete access to the information and data entered and produced by the POS System.
You must, at all times, have at the Store Internet access with a form of high speed connection as we require and you must maintain an email account for the Store.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, franchisees are required to purchase a POS system that meets Bens Soft Pretzels' standards, including all updates and modifications. This system includes hardware and software for store operations, such as electronic cash registers and software for sales analysis, customer data, labor, inventory, and tax information. The POS system also incorporates any designated credit card and gift card processing systems.
The FDD states that franchisees may be required to license the software for the POS system from Bens Soft Pretzels, an affiliate, or a third party. Franchisees may also have to pay software licensing or user fees, along with other fees associated with the POS system or any other technology used in the business. The franchisor retains all rights, title, and interest in the software. Franchisees cannot use or download unauthorized software and are liable for damages caused by such software.
Bens Soft Pretzels will have full access to the data entered and produced by the POS system. Franchisees must maintain Internet access with a high-speed connection and an email account for the store. This ensures compliance with the franchisor's technology requirements and facilitates data sharing and communication. Franchisees are responsible for complying with all laws applicable to the POS system, including data protection, security laws, and PCI compliance.