What are examples of actions that constitute unauthorized modification or use of the Licensed System by a Byrider licensee?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
THE FOREGOING WARRANTY IS NULL AND VOID IF THE ALLEGED NON-CONFORMITIES ARE PROXIMATELY CAUSED BY ANY OF THE FOLLOWING:
- A.
ANY UNAUTHORIZED MODIFICATION OR USE OF THE LICENSED SYSTEM BY LICENSEE,
- B.
LICENSEE'S FAILURE TO PERFORM A REQUIRED DUTY OR DUTIES, OR
- C.
LICENSEE PERFORMING A REQUIRED DUTY IN AN IMPROPER MANNER.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the warranty for the Licensed System is void if non-conformities are proximately caused by any unauthorized modification or use of the Licensed System by the licensee.
Specifically, Byrider licensees are prohibited from making any copies of the Licensed Software, in whole or in part, and are restricted in making copies of the Licensed Documentation beyond what is necessary for using the License System. Licensees cannot make any copy of the Licensed Documentation available to anyone other than their employees or agents who are bound to maintain the information in confidence. Licensees must also properly label all copies of the Licensed Documentation with the copyright notice and must not remove, hide, or disable any of Byrider's copyright notices on the Licensed System.
Furthermore, Byrider licensees must access the Licensed System only through equipment and procedures similar to those outlined in Appendix A of the franchise agreement. The Licensed System is to be used solely for business conducted at the location specified in Appendix C, and additional locations require Byrider's approval. Licensees are prohibited from using the Licensed System for data processing services or as a service bureau for third parties. They must also adhere to all laws and regulations of the United States or any state or country where the licensee is located when using the Licensed System or transmitting data to or from the Hosting Facility.
These restrictions are typical in franchising to protect the franchisor's intellectual property and maintain system standards. Byrider retains all title, ownership, intellectual property rights, and similar rights in the Licensed Software and Licensed Documentation. Licensees must keep the Licensed Software and Licensed Documentation free and clear of all claims, liens, and encumbrances, and any action to create such claims is void.