Is Brain Balance responsible for virus detection or recovering software damaged by viruses on the Brain Balance system?
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:
- (iii) Viruses (including, without limitation, detection of viruses and resorting or recovering software, including the Software, or data damage caused by viruses);
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 virus detection or for resorting or recovering software, including the Brain Balance software, or data damage caused by viruses.
This means that as a franchisee, you are responsible for protecting your systems from viruses and for any costs associated with virus detection, removal, and data recovery. This includes any damage to the Brain Balance software or your data caused by a virus. It is common practice in franchising for the franchisee to be responsible for maintaining their own hardware, software, and network security.
Therefore, it is crucial for a prospective Brain Balance franchisee to budget for and implement robust cybersecurity measures, including antivirus software, regular data backups, and employee training to prevent virus infections and data loss. Franchisees should also have a plan in place for data recovery in the event of a virus attack.