What is the purpose of the agreement between Big O Tires and the franchisee regarding the Software System?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS
- A. Big O, together with certain of its franchisees, has currently selected Sparkplug Studios LLC dba Tekmetric ("Tekmetric") and its cloud based automotive services software system ("Software System") as the Approved Point-of-Sale Vendor and software system for Big O franchisees to use in their Big O Tires store businesses, and Big O authorizes the Big O franchisees to utilize such Software System under the terms set forth in the Software as a Service End User Agreement ("SaaS User Agreement").
- B. Pursuant to a Software as a Service Agreement entered into between Tekmetric and Big O, Tekmetric is licensing to Big O the Software System for use in Big O stores, and will assist with the development of an interface between the Software System and a Big O Consumer Database.
- C. Franchisee is a franchisee of Big O pursuant to one or more Franchise Agreements.
- D. Contemporaneously with the execution of this Agreement, Franchisee is executing an SaaS User Agreement with Big O, pursuant to the terms of which, among other things, Big O will sublicense the Software System and related services to Franchisee for its Big O Tires retail tire and automotive service store(s).
- E. In consideration of Big O's authorization for Franchisee to utilize the Software System and services as set forth in the Saas User Agreement, Franchisee has agreed to perform the obligations set forth in this Agreement.
- F. This Agreement is being executed by Big O and Franchisee for the purpose of acquiring repository data as outlined in the Shared Information - Schedule A defined herein.
- G. Capitalized terms set forth in these Recitals shall have the same meaning ascribed to them in the SaaS User Agreement unless otherwise expressly set forth below.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
According to Big O Tires' 2025 Franchise Disclosure Document, the agreement between Big O Tires and the franchisee regarding the Software System is for the purpose of acquiring repository data as outlined in the Shared Information - Schedule A. Big O Tires authorizes franchisees to use the approved point-of-sale vendor and software system, currently Tekmetric, for their Big O Tires store businesses.
The franchisee agrees to perform the obligations set forth in the agreement in exchange for Big O Tires' authorization to use the Software System and related services. Contemporaneously with the execution of this agreement, the franchisee executes an SaaS User Agreement with Big O, which sublicenses the Software System and related services to the franchisee for their retail tire and automotive service store(s).
Schedule A outlines the Shared Information that the franchisee must collect and transmit, including customer and service history such as customer information (name, address, phone numbers, email), vehicle information (year/make/model/engine, license, mileage, VIN, inspection date), and all information contained on the customer work order and sales invoice. This information is to be transmitted daily by 10 p.m. of the following business day. The franchisee is responsible for including the required information in their work orders, while Big O Tires is responsible for ensuring that the Software System can capture and transmit such information.