Is Brain Balance obligated to provide support for software that has been altered by someone other than Brain Balance or its representatives?
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 the 2025 Brain Balance Franchise Disclosure Document, Brain Balance is not obligated to provide maintenance or support for software that has been altered or modified by anyone other than Brain Balance or its designated representatives. This means that if a franchisee or an unauthorized third party modifies the Brain Balance software, Brain Balance is not responsible for ensuring its proper function or providing assistance if issues arise.
This lack of support extends to various potential problems, including issues arising from licensee-provided hardware, operating systems, networks, and connectivity. It also includes damage to the software or data not caused by Brain Balance or its representatives, such as data lost due to hardware failure or improper software use. Additionally, Brain Balance is not responsible for addressing problems caused by viruses or making modifications to the franchisee's hardware, operating system software, third-party application software, data feeds, or external data.
As a prospective franchisee, it is crucial to adhere strictly to the approved software usage guidelines and avoid any unauthorized modifications. Any alterations could void Brain Balance's responsibility to provide support and maintenance, potentially leading to operational disruptions and additional costs for the franchisee to resolve independently. Franchisees should rely on Brain Balance's provided updates and upgrades to maintain the software's integrity and ensure continued support.