Under what conditions can a Big O Tires licensee make a copy of the Software System?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, pursuant to a Software as a Service Agreement between Big O and Sparkplug Studios LLC, d/b/a "Tekmetric" (the "Master SaaS Agreement") attached hereto as exhibit A, Big O has subscribed to certain cloud-based automotive services shop software in which documents, emails, text messages and other data owned by Big O and its participating franchisees will be stored on an infrastructure controlled by Tekmetric and accessed via the internet using the Google Chrome web browser, compatible devices and software, via the Master SaaS Agreement providing for the subscribed services (the "Subscription Services"); and
WHEREAS, as a condition of being conferred the right to use the Subscription Services, Franchisee User shall be required to enter into this SaaS User Agreement and comply with its terms and conditions.
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
Based on the 2025 Big O Tires Franchise Disclosure Document, the specific conditions under which a franchisee can make a copy of the Software System are not detailed in the provided excerpts. However, the FDD does mention the use of a Software System. Big O Tires has selected Tekmetric as the approved point-of-sale vendor and software system for franchisees. Big O licenses the Software System for use in Big O stores and assists with developing an interface between the Software System and a Big O Consumer Database. Franchisees are required to execute a SaaS User Agreement with Big O, which allows Big O to sublicense the Software System and related services to the franchisee for their Big O Tires retail locations.
While the excerpts do not explicitly state whether a franchisee can make copies of the software, they do emphasize the importance of data transmission and cooperation with Big O Tires and Tekmetric for troubleshooting. Franchisees must cooperate with Big O, Tekmetric, and their consultants to resolve any issues preventing the reliable transmission of shared information. This cooperation includes allowing access to the franchisee's computer system for diagnostic and problem-solving purposes.
Because the FDD excerpts do not specify the conditions for making copies of the Software System, prospective Big O Tires franchisees should directly ask the franchisor about the specific terms and conditions regarding software usage, data access, and whether any provisions exist for creating backup copies or accessing the software in offline mode. Understanding these details is crucial for ensuring smooth business operations and data security.