factual

Does Brain Balance provide Update Releases and Upgrades of the Software at the Licensee site?

Brain_Balance Franchise · 2025 FDD

Answer from 2025 FDD Document

sonable support and maintenance to the Users within the Normal Hours;

  • (ii) Investigate and address within a reasonable time, the repair of Errors in the Software reported by the Licensee or any Errors of which Licensor otherwise becomes aware;

  • (iii) Correct Errors in the Software, so long as such Errors are repeatable by the Licensee, or to provide a software patch or bypass around such Error. (No warranty is made that all Errors can or shall be corrected.)
  • (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.

| "Maintenance Fee" License Agreement. | has the meaning assigned in Section 3(b) of the | |-----------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | training or technical consulting. | "Maintenance" means Error Corrections and provision of Update Releases, whether by telephone, electronic mail, fax or other delivery. Maintenance shall be within reasonable limits, as determined by Licensor, and does not include requests for basic product | | "Normal Hours" | has the meaning assigned in Section 2(b) hereof. "Support" means telephone inquiries from the Users concerning problems, questions and/or assistance regarding the operation of the Software. "Update Releases" has the meaning assigned in Section 2(d) hereof. | | "Upgrades" | has the meaning assigned in Section 2(d) hereof. | | | | | the License Agreement. | IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date of | | Licensor: | Licensee: | | BB Franchising LLC | | | By: | By: | | | | Name: Charles Miller________________ Name: ____________________

Title: Chief Executive Officer________ Title: _______________________________

EXHIBIT 2 ACH AGREEMENT

AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH DEBITS)

***This form MUST be accompanied by a Printed Voided Check or Bank Letter.***

| to COMPANY's business. Therefore, and notwithstanding the provisions contained in Paragraph | | | | | | |---|---|---|---|---|---| | 20.01 above, FRANCHISEE agrees that upon the happening of any Non-Curable Default or Event | | | | | | | of Default set forth | in Section | 17.01 | or 17.02, or in the | event of a threatened | breach by | ACH commission settlement is available for most bank accounts in the United States, Australia, Canada, Europe, Mexico, and New Zealand.

Source: Item 23 — RECEIPTS (FDD pages 72–292)

What This Means (2025 FDD)

According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance does provide Update Releases and Upgrades of the Software at the Licensee site. Specifically, Brain Balance will provide updates that contain changes to the Software for Error Correction and upgrades to new versions of the Software as they are provided to its other licensees. These Update Releases may also contain enhancements to the Software or Software Materials, at Brain Balance's sole discretion.

However, Brain Balance is not obligated to provide maintenance or support for licensee-provided hardware, operating systems, networks, and connectivity. They also do 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 Brain Balance or its designated representatives. Additionally, Brain Balance is not responsible for issues caused by viruses, damage to the Software or data not caused by them, or modifications to licensee hardware, operating system software, third-party application software, data feeds, or external data.

As a Brain Balance franchisee, you are expected to operate the software in accordance with the Software Materials. You must also arrange access to your premises and/or system for Brain Balance's support personnel, provide remote access to the Software, install upgrades, and assist with the implementation and testing of upgrades and update releases. Furthermore, you need to notify Brain Balance of any changes to your hardware, operating system, or data feeds that could affect the Software and provide any other reasonable assistance that Brain Balance may request for maintenance.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.