Who is responsible for providing the rack space and connectivity for the Application Services related to the Brain Balance software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Licensee acknowledges that the Software shall be provided by Licensor, either directly, or indirectly through an independent contractor designated by Licensor. Licensor, or its subcontractor, as the case may be, shall provide the appropriate rack space and connectivity for such services reasonably related thereto (collectively, the "Application Services"). The Application Services shall be provided at Licensor's cost and shall remain the property of Licensor or its subcontractor as the case may be. The Software shall be made available to Licensee using a link (the "Access Link") from each of Licensee's Users' (as defined below) computers to access and use the Software on the Access Link using a commercial host. Licensee acknowledges that while the Access Link to the database shall be dedicated for the Licensee's sole usage, the server(s) hosting software applications which provide authentication, security of access and access to the Users may be shared with other users. Licensee further acknowledges and agrees that successful access and use of the Software by Licensee depends upon Licensee's implementation of appropriate hardware and communication software as specified on Exhibit C hereto or as Licensor may reasonably recommend from time to time in its Operations Manual or otherwise (collectively, the "Operating Environment"). Licensee shall be responsible for providing the Operating Environment at its own expense.
- (b) Licensor shall provide, or cause to be provided, all reasonable and necessary maintenance on the Access Link(s) and shall use reasonable commercial efforts to cause
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance, or its subcontractor, is responsible for providing the rack space and connectivity for the Application Services related to the Brain Balance software. The Application Services are provided at Brain Balance's cost and remain the property of Brain Balance or its subcontractor.
Brain Balance provides the software to the franchisee either directly or through a designated independent contractor. The software is made available through an access link from the franchisee's users' computers to access and use the software on a commercial host. While the access link to the database is dedicated to the franchisee's sole usage, the servers hosting software applications for authentication, security of access, and user access may be shared with other users.
The franchisee is responsible for providing the Operating Environment, which includes the appropriate hardware and communication software, at their own expense. This Operating Environment must meet the specifications outlined in Exhibit C of the FDD or as reasonably recommended by Brain Balance in its Operations Manual or otherwise. Brain Balance is responsible for providing all reasonable and necessary maintenance on the Access Links and will use reasonable commercial efforts to ensure the Access Links are operational 24 hours a day, seven days a week, except for scheduled maintenance, required repairs, or interruptions due to causes beyond Brain Balance's control.