According to the Brain Balance License Agreement, how is 'Maintenance' provided by Brain Balance?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
| "Maintenance Fee" License Agreement. | has the meaning assigned in Section 3(b) of the |
|---|---|
| training or technical consulting. | "Maintenance" means Error Corrections and provision of Update Releases, whether by telephone, electronic mail, fax or other delivery. Maintenance shall be within reasonable limits, as determined by Licensor, and does not include requests for basic product |
- (iii) Correct Errors in the Software, so long as such Errors are repeatable by the Licensee, or to provide a software patch or bypass around such Error. (No warranty is made that all Errors can or shall be corrected.)
- (iv) Provide diagnosis and solution of operational problems (generally on a remote basis); and
- (v) Provide Update Releases and Upgrades of the Software at the Licensee site (to both fix defects or as part of ongoing development of the product).
- (d) Notwithstanding any language to the contrary in this Agreement, Licensor shall not be obligated to provide maintenance or support with respect to or for:
- (i) Licensee provided hardware, operating systems, networks and connectivity;
- (ii) Any software other than the Software, or with respect to the Software if it has been altered or modified by anyone other than Licensor or its designated representatives;
- (iii) Viruses (including, without limitation, detection of viruses and resorting or recovering software, including the Software, or data damage caused by viruses);
- (iv) damage to the Software or data not caused by Licensor or its representatives (including, without limitation, entering, correcting or restoring any data lost, damaged or corrupted due to media failure, Hardware failure, viruses, power interruption, failure to back-up data, improper use of the Software or other software, or network or operating system problems); and
- (v) Making modifications to, or providing support for Licensee hardware, operating system software, third party application software, data feeds or external data of the Licensee or its affiliates.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, maintenance, which includes error corrections and providing software updates, is delivered via telephone, email, fax, or other methods. The extent of maintenance is determined by Brain Balance and does not cover requests for basic product training or technical consulting.
Brain Balance is obligated to correct software errors that the franchisee can replicate or provide a software patch to bypass the error. However, there is no guarantee that all errors will be corrected. They will also diagnose and solve operational problems, typically remotely, and provide software updates and upgrades at the franchisee's location to fix defects or as part of ongoing product development.
However, Brain Balance is not required to provide maintenance or support for franchisee-provided hardware, operating systems, networks, or connectivity. They also do not support any software other than the Brain Balance software, especially if it has been altered by someone other than Brain Balance or its representatives. Additionally, Brain Balance does not offer support for issues related to viruses or data damage not caused by them, nor do they provide modifications or support for the franchisee's hardware, operating system software, third-party applications, data feeds, or external data.