Is a Bonchon franchisee allowed to modify the Paytronix software?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Restrictions. Except as specifically permitted in this Agreement, Franchisee shall not (a) use any of Paytronix's Proprietary Information to create any software or other materials (whether or not competitive with or similar to the Software), (b) reverse engineer or otherwise try to discover any source code or underlying ideas or algorithms of the Software, (c) sublicense, transfer or distribute the Software, (d) copy (except for reasonable backup or archive purposes) or modify any Software, (e) alter or remove any proprietary or legal notice contained on or in the Software, or (f) use the Software, or allow the transfer, transmission, export or re-export of all or any part of the Software, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from modifying the Paytronix software. The agreement states that franchisees cannot reverse engineer, attempt to discover source code, sublicense, transfer, distribute, copy, or modify the software. Additionally, franchisees are prohibited from altering or removing any proprietary or legal notices contained within the software.
This restriction is typical in franchising, as franchisors need to maintain uniformity and control over their systems. Allowing franchisees to modify software could lead to inconsistencies in operations, data security vulnerabilities, and brand integrity issues. Bonchon retains all rights, title, and interest in its marks, logos, and the Paytronix software, further emphasizing the control Bonchon maintains over its proprietary assets.
The agreement also specifies that franchisees cannot create any derivative works from the software without written permission from Bonchon. Unauthorized modifications or derivative works are not the responsibility of Bonchon. This provision protects Bonchon from liabilities arising from altered or improperly functioning software. Franchisees are responsible for the proper supervision, management, and control of the software's use, including maintaining security and accuracy of information input into the system.
In practical terms, a Bonchon franchisee must use the Paytronix software as provided and cannot customize it to suit their individual preferences or needs. Any desired changes or enhancements would need to be requested through Bonchon, which would then evaluate and potentially implement them system-wide. This ensures that the software remains consistent across all Bonchon locations, maintaining a standardized customer experience and operational efficiency.