What is the permitted use of the Athena Business System (ABS) for a Brightstar Care franchisee?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to your continued compliance with this Agreement, we grant, and you accept, a non-exclusive, non-transferable, limited license to use the Athena Business System ("ABS"), in binary or object code form only, during the Initial Term with the Third Party Materials (defined in Section 1.8.1) we designate and provided to you by us or our affiliate, BrightStar Technology Group, LLC ("BrightStar Technology"), or any other affiliate of ours. We and BrightStar Technology reserve the right to upgrade and change the ABS from time to time. Use of the ABS is for the limited purpose of operating the Agency within the Protected Territory as we prescribe in the Operations Manual or otherwise in writing. We or our licensors will retain all right, title, copyright, trade secrets, patents and other proprietary rights in and to the ABS, and all modifications, enhancements and any derivative works thereof regardless of origin (and accordingly have the right to license others to use ABS). You do not acquire any rights, express or implied, in the ABS or derivative works thereof, other than those specified in this Agreement, and all rights in and to the ABS that are not expressly granted herein are reserved to us. You may not, and will not permit others to, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to create derivative works from the ABS, otherwise alter the ABS, or discover its source code. The ABS is licensed for use in the United States, and you may not export the ABS or make it available outside of the United States without our written permission.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive, non-transferable, limited license to use the Athena Business System (ABS). This license is specifically for operating the Brightstar Care agency within the defined protected territory. The ABS must be used in the form provided, and Brightstar Care retains all rights and ownership of the system, including any modifications or improvements.
The permitted use of the Athena Business System (ABS) is explicitly for operating the BrightStar Care Agency within the franchisee's protected territory. Franchisees must comply with the agreement and any instructions in the operations manual. Brightstar Care retains the right to upgrade and change the ABS from time to time. Franchisees are responsible for acquiring any necessary third-party software or materials required for the ABS to function as intended.
This license is limited, meaning franchisees cannot copy, modify, reverse engineer, or create derivative works from the ABS. The ABS is licensed for use only within the United States unless written permission is granted to use it outside of the country. Franchisees must also install any updates or replacements to the ABS as directed by Brightstar Care. Franchisees are responsible for costs and expenses not covered by the Monthly ABS and Email Service Fee.
For a prospective Brightstar Care franchisee, this means they are granted access to a crucial management system (ABS) but must adhere to strict usage guidelines. They do not own the system and must keep it updated as directed by Brightstar Care. Understanding the costs associated with the ABS, including the monthly fee and any additional third-party software, is essential for budgeting and financial planning.