What is considered misuse or unauthorized use of Brightstar Care's proprietary software, and what are the consequences?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.3.14 Misuse of the Licensed Marks or Confidential Information. You or your owners materially violate any requirement regarding or misuse the Licensed Marks or Confidential Information.
- 13.3.15 Non-Use of Required Software and Systems. You fail to use all required software and systems in operating the Agency.
13.4 Termination by Us With Notice and 30 Days' Opportunity to Cure
We have the right to terminate this Agreement if any of the following defaults remains uncured after expiration of the 30-day cure period:
7.2 Confidential Use
You must at all times use best efforts to keep access to the Operations Manual and any other manuals, materials, goods and information we create and designate for confidential use within the BrightStar Care Agency Program as confidential and limit access to your employees on a need-to-know basis. Unauthorized use or disclosure of our confidential information or trade secrets will cause irreparable injury to us; damages are not an adequate remedy. You covenant not to disclose, use, permit the use of (except as may be required by applicable law or authorized by this Agreement), copy, duplicate, record, transfer, transmit, allow access to, or otherwise reproduce such information, in any form or by any means, in whole or in part, or otherwise make the same available to any unauthorized person or source.
8.5.2 We are the lawful, rightful, and sole owner of the Internet domain names www.brightstarcare.com and www.careers.brightstarcare.com (as described in Section 1.6.3), and any other Internet domain names we register. You unconditionally disclaim any ownership interest in those or any similar Internet domain name. You may not register any Internet domain name in any class or category that contains words used in or similar to any brand name owned by us or our affiliates, the names or likeness of any BrightStar Franchising, LLC executive or employee or BrightStar Technology Group, LLC executive or employee, or any abbreviation, acronym, phonetic variation, or visual variation of those words.
5.2 Authorized Use
Any use of the Licensed Marks other than as expressly authorized by this Agreement, without our prior written consent, may constitute an infringement of our rights therein, The right to use the Licensed Marks granted herein does not extend beyond the expiration or termination of this Agreement. During and after the Initial Term, you may not, directly or indirectly, commit any act of infringement or contest or aid others in contesting the validity of our right to use the Licensed Marks or take any other action in derogation thereof. You must identify yourself as the owner of the Franchised Business (in the manner we prescribe) in conjunction with any use of the Licensed marks, including, without limitation, on invoices, contracts, timesheets, checks, receipts, employment and HR-related documents, and business stationary, as well as such conspicuous locations as we designate in writing at the Agency premises.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to the 2025 Brightstar Care Franchise Disclosure Document, failing to use all required software and systems in operating the agency is considered a default of the agreement. Brightstar Care retains the right to terminate the agreement if this default remains uncured after a 30-day cure period.
Additionally, franchisees must keep access to the Operations Manual and any other manuals, materials, goods, and information created and designated for confidential use within the BrightStar Care Agency Program confidential, limiting access to employees on a need-to-know basis. Unauthorized use or disclosure of confidential information or trade secrets can cause irreparable injury to Brightstar Care, where damages may not be an adequate remedy. Franchisees must not disclose, use, permit the use of (except as required by law or authorized by the Agreement), copy, duplicate, record, transfer, transmit, allow access to, or otherwise reproduce such information in any form or by any means, or make it available to any unauthorized person or source.
Brightstar Care is the owner of Internet domain names www.brightstarcare.com and www.careers.brightstarcare.com, and any other Internet domain names they register. Franchisees may not register any Internet domain name that contains words used in or similar to any brand name owned by Brightstar Care or its affiliates, the names or likeness of any BrightStar Franchising, LLC executive or employee or BrightStar Technology Group, LLC executive or employee, or any abbreviation, acronym, phonetic variation, or visual variation of those words.
Any use of the Licensed Marks other than as expressly authorized by the Agreement, without Brightstar Care's prior written consent, may constitute an infringement of their rights. Franchisees must identify themselves as the owner of the Franchised Business in conjunction with any use of the Licensed marks, including on invoices, contracts, timesheets, checks, receipts, employment and HR-related documents, and business stationary, as well as such conspicuous locations as Brightstar Care designates in writing at the Agency premises.