What is the Brain Balance Licensor's obligation after a User notifies them of a suspected Error?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
pt requests for maintenance to the Users from Monday through Friday from 8 a.m. to 6 p.m. Eastern Standard Time, excluding bank and public holidays ("Normal Hours") at:
Phone: Fax: E-mail:
or such new numbers or addresses as may apply in the future by notice to the Licensee.
- (c) Users shall notify the support personnel of suspected Error(s) exhibited by the Software that the User believes requires Maintenance. Support personnel shall respond by confirming receipt of the notification and a reasonable estimate of the time required for diagnosis and resolution of the Error(s). Licensor shall use its commercially reasonable efforts to take the necessary steps to provide an Error Correction within a reasonable time.
- (d) Licensor shall provide the Licensee such update releases containing changes to the Software for Error Correction ("Update Releases") and upgrades to new versions of the Software ("Upgrades") as are provided to its other licensees of the Software. In addition to Error Correction, Update Releases may also contain, at Licensor's sole discretion, enhancements to the Software or Software Materials.
3. Maintenance Period and Fees.
- (a) Maintenance is provided for the Term of the Agreement.
- (b) Maintenance fees are payable annually as set forth in Exhibit B.
4. Maintenance and Support Standards.
- (a) During the Term of this Agreement, Licensee shall operate the Software in all material respects in accordance with the Software Materials.
- (b) Licensee shall observe the following standards during the term of this Agreement:
- (i) pursuant to request by Licensor, arrange access to its premises and/or system and make its hardware accessible to Licensor's support personnel and other designated representatives, and enable logons/passwords for such persons as necessary or appropriate for Licensor's performance under this Agreement;
- (ii) Provide remote access to the Software at all times as reasonably necessary or appropriate for Licensor's performance under this Agreement;
- (iii) Install, or permit Licensor to install, Upgrades to the Software from time-to-time;
- (iv) When Upgrades or Update Releases are provided and the Licensee has requested assistance, provide a reasonable level of assistance to Licensor in implementation and testing of the same;
- (v) Provide Licensor with notice of its intention to change any Hardware, operating system or data-feeds that would affect the Software;
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, when a user reports a suspected software error that requires maintenance, Brain Balance's support personnel must respond by confirming they received the notification. They must also provide a reasonable estimate of how long it will take to diagnose and resolve the error. Brain Balance is then obligated to use commercially reasonable efforts to take the necessary steps to correct the error within a reasonable timeframe.
Brain Balance is also obligated to provide the licensee with update releases that contain changes to the software for error correction, as well as upgrades to new versions of the software. These updates and upgrades must be provided to the franchisee at the same rate as they are provided to Brain Balance's other licensees. These update releases may also include enhancements to the software or software materials, at Brain Balance's discretion.
However, Brain Balance is not obligated to provide maintenance or support for certain issues. These include problems with licensee-provided hardware, operating systems, networks, and connectivity, as well as any software other than the Brain Balance software. They are also not responsible for issues arising from alterations or modifications to the software made by anyone other than Brain Balance or its representatives, or for problems caused by viruses, damage to the software or data not caused by Brain Balance, or modifications to licensee hardware or third-party software.