Does Brain Balance provide diagnosis and solutions for operational problems on a remote basis?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
5. Definitions.
As used in this Exhibit, the following capitalized terms shall have the meaning assigned below:
"Error" means any failure of the Software to substantially conform to the specifications included with the License Agreement.
"Error Correction" means a software modification or addition that, when made or added to the Software, establishes material conformity to the specifications provided for in the License Agreement, as the same may have been updated or amended by Licensor from time to time.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance does provide diagnosis and solutions for operational problems, generally on a remote basis. However, Brain Balance is not obligated to provide maintenance or support for licensee-provided hardware, operating systems, networks, and connectivity.
Brain Balance will also not provide support for 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, viruses, damage to the Software or data not caused by Licensor or its representatives, and 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.
An "Error" is defined as any failure of the Software to substantially conform to the specifications included with the License Agreement. "Error Correction" means a software modification or addition that, when made or added to the Software, establishes material conformity to the specifications provided for in the License Agreement, as the same may have been updated or amended by Licensor from time to time.