Is Byrider liable for incidental or consequential damages to the licensee arising from the use of the licensed system?

According to Byrider's 2025 Franchise Disclosure Document, Byrider is not liable for incidental or consequential damages to the licensee arising from the use of the licensed system. The agreement specifies that the limited warranty provided is in place of all other warranties, whether expressed or implied, including those of merchantability or fitness for a particular purpose.

Specifically, Byrider will not be held responsible for any incidental or consequential damages to the licensee or any third party that occur due to the use or performance of the licensed system or its services, even if Byrider has been informed of the possibility of such damages. Furthermore, Byrider is not liable for any direct or indirect damages, except as explicitly stated in specific sections of the agreement.

Byrider also makes no representations or warranties regarding the retail installment sales and security contracts created by the licensee using the licensed system. The company is not responsible for any loss of profits or indirect or consequential damages resulting from data damage, hacking, employee actions, or the operation of third-party software, even if Byrider was previously advised of the potential for such damages. This disclaimer highlights the importance for franchisees to implement robust security measures and ensure data integrity to mitigate potential losses.