Is Brain Balance obligated to provide maintenance or support for any software other than the Software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 Brain Balance's 2025 Franchise Disclosure Document, Brain Balance is not obligated to provide maintenance or support for any software other than the specific Software they provide. This also applies if the Software has been altered or modified by anyone other than Brain Balance or its designated representatives.
Brain Balance will also not provide support for issues related to the franchisee's hardware, operating systems, networks, and connectivity. Additionally, they are not responsible for addressing problems caused by viruses, including detecting viruses or recovering software or data damaged by them.
Furthermore, Brain Balance is not obligated to fix damage to the Software or data not caused by them or their representatives. This includes issues like data loss or corruption due to media failure, hardware failure, viruses, power interruptions, failure to back up data, improper use of the Software, or network or operating system problems. They also do not have to make modifications to or provide support for the franchisee's hardware, operating system software, third-party application software, data feeds, or external data.