Is the use of proprietary software currently required for Burros Fries franchisees?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee may be required to use our proprietary software for the operation of the Business (currently not in effect).
If we develop proprietary software and require Franchisee to use such software, we will provide Franchisee with a ninety (90) day written notice to purchase (if applicable) and use such software for the operation of its Business.
If developed, we will provide all update and upgrade requirements for the proprietary software as necessary.
The installation, maintenance, repairs and upgrade costs for the proprietary software will be the responsibility of the Franchisee.
Usage of any propriety software ("Software"), if developed, will be subject to the following terms:
- a.
Franchisee will use our approved software on a computer/POS that: (i) meets our computer hardware specifications; and (ii) is located at your Business or on a backup system if the original computer is inoperable.
Franchisee will be licensed to use the software only for Franchisee's internal, in-house data processing and data communications purposes and only in connection with the Business and not for re-marketing or redistribution under any circumstances;
- b.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the use of proprietary software is not currently required for franchisees. However, Burros Fries retains the right to develop such software and mandate its use in the future.
Should Burros Fries develop proprietary software, they will provide franchisees with a 90-day written notice to purchase and implement the software. The franchisee will be responsible for the costs associated with installation, maintenance, repairs, and upgrades of this software. Franchisees must also comply with Burros Fries's terms of use, privacy policies, and any upgrade requirements related to the software and internet usage.
If proprietary software is developed, franchisees must use it on a computer or POS system that meets Burros Fries's hardware specifications and is located at the business or on a backup system. The license to use the software is limited to the franchisee's internal data processing and communications purposes related to the Burros Fries business, and it cannot be remarketed or redistributed.
Franchisees are responsible for supplier or licensor charges for the use, maintenance, support, and updates to the required systems. Burros Fries is not obligated to reimburse franchisees for any technology item, software, networking, or technology support costs.