Does Brain Balance provide operational problem diagnosis and solutions on-site or remotely?
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.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance provides diagnosis and solutions to operational problems, generally on a remote basis. Brain Balance is not obligated to provide support for hardware, operating systems, networks, connectivity, or any software that has been altered or modified by anyone other than Brain Balance or its designated representatives.
Brain Balance will also not provide support for viruses, damage to the software or data not caused by Brain Balance or its representatives, or making modifications to, or providing support for franchisee hardware, operating system software, third party application software, data feeds or external data of the franchisee or its affiliates.
This means that while Brain Balance offers support for operational issues, franchisees should be aware of the limitations. Franchisees are responsible for their own hardware, network, and any unauthorized software modifications. Understanding these limitations is crucial for budgeting and planning for potential IT support needs beyond what Brain Balance directly provides.