Who retains the rights to the Athena Business System (ABS) and any modifications made to it for Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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. Neither we nor any of our affiliates, including BrightStar Technology, will have any duty or obligation to indemnify or defend you in connection with your use of ABS or any Third Party materials.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Franchising, LLC, and its licensors, retain all rights, title, copyright, trade secrets, patents, and other proprietary rights in and to the Athena Business System (ABS). This includes all modifications, enhancements, and any derivative works, regardless of their origin. This means Brightstar Care has the right to license others to use the ABS. The franchisee does not acquire any rights in the ABS or its derivative works, beyond the specific license granted in the agreement. All rights not expressly granted to the franchisee are reserved by Brightstar Care.
This reservation of rights means that while franchisees are granted a license to use the ABS for operating their Brightstar Care Agency within their protected territory, they do not own the system or any improvements made to it. The franchisee is explicitly prohibited from copying, modifying, adapting, translating, reverse engineering, decompiling, disassembling, or otherwise attempting to create derivative works from the ABS, or from altering the ABS or discovering its source code. The ABS is licensed for use only in the United States, and franchisees cannot export it or make it available outside the United States without written permission from Brightstar Care.
Furthermore, any ideas, concepts, techniques, or materials relating to the ABS, whether or not they constitute protectable intellectual property, and whether created by or on behalf of the franchisee or their owners, must be promptly disclosed to Brightstar Care. These contributions are deemed to be the sole and exclusive property of Brightstar Care and part of the Brightstar Care Agency Program. This ensures that Brightstar Care maintains complete control over the ABS and can incorporate any improvements or modifications across the entire franchise system.