Under what condition will Brain Balance provide support and maintenance services for the software?

According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance will provide software support and maintenance services to franchisees as long as the franchisee's payment of maintenance fees is current. This support is provided during the term of the Application License Agreement, which runs concurrently with the Franchise Agreement's term, including any extensions or renewals. The specifics of the support and maintenance services are detailed in the Software Maintenance Agreement, which is included as Exhibit D to the Application License Agreement.

Franchisees are required to pay both annual license fees and maintenance fees for the software. The maintenance fees, along with monthly third-party platform hosting fees, are outlined in Exhibit B of the FDD. Brain Balance may increase the maintenance fees annually, but these increases are capped at the Consumer Price Index (CPI) increase for the New York-Northeastern New Jersey region from the preceding December 31st. The third-party platform hosting fees can also be adjusted with 30 days' notice if the hosting company raises its rates.

This arrangement ensures that Brain Balance franchisees receive ongoing support for the software essential to operating their centers, provided they remain current on their payments. Prospective franchisees should carefully review Exhibit D, the Software Maintenance Agreement, to fully understand the scope of support and maintenance services they can expect, as well as Exhibit B for a clear understanding of all associated fees and potential increases.