What is the dependency for the Byrider Licensor's obligations under paragraph c regarding Customer Data?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- c.
The obligations of Licensor under this paragraph are the Licensee's sole remedy for any violation of Licensor's obligations under Sections 5 and 14.
To the extent that any Customer Data must be corrected, recreated, restored or reprocessed due to any fault or negligence of Licensor, its employees or agents, or due to operation of Licensor Software, or due to a breach by Licensor of any of its warranties hereunder, Licensor will be responsible for the cost of taking commercially reasonable efforts to correct, recreate, restore or reprocess the data at no cost to Licensee.
Both parties agree to fully cooperate with one another to effectuate the prompt correction, recreation, restoration or reprocessing of any Customer Data.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the licensor's obligations regarding customer data under paragraph c are dependent on the need to correct, recreate, restore, or reprocess customer data due to specific circumstances. These circumstances include fault or negligence of Byrider, its employees, or agents; the operation of Byrider software; or a breach by Byrider of any of its warranties. If any of these situations occur, Byrider is responsible for the cost of commercially reasonable efforts to correct, recreate, restore, or reprocess the data at no cost to the franchisee.
Furthermore, both Byrider and the franchisee agree to fully cooperate with one another to ensure the prompt correction, recreation, restoration, or reprocessing of any customer data. This cooperation is essential to mitigate any potential disruptions or losses that may arise from issues affecting customer data.
This section outlines Byrider's responsibility and the franchisee's remedy in cases where customer data is compromised due to Byrider's actions or system failures. It also emphasizes the importance of cooperation between both parties to resolve such issues efficiently. However, it's important to note that this obligation is the franchisee's sole remedy for violations of Byrider's obligations under Sections 5 and 14, as stated in the FDD.