What is the Byrider licensee's sole remedy for defects in Third Party Software?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensor warrants that the Licensor's Software will substantially conform to Licensor's current published documentation when delivered to Licensee. The Third Party Software is not warranted by Licensor.
In the event that the Licensee provides Licensor with written documentation at any time during the term of the Franchise Agreement verifying that there is a non-conformity in the Licensed Software which significantly impairs a vital business function not caused by defects in Third Party Software or misuse by Licensee, and Licensee is in full compliance with the terms of this Agreement, then Licensor, at Licensor's election, either 1) shall correct the non-conformity free of charge, or 2) shall provide an alternative procedure or "work around" whereby the non-conformity will not have a significant effect on the Licensee's use of the Licensed Software.
Should such non-conformities be due solely to defects in Third Party Software, Licensor shall have no liability to Licensee for such defect and Licensee's sole remedy for such defect shall be from the Third Party.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider does not warrant third party software. If a non-conformity in the licensed software is due solely to defects in third party software, Byrider has no liability to the licensee for the defect. In this case, the licensee's sole remedy for such a defect is to seek recourse from the third party software provider itself.
This means that if a Byrider franchisee experiences issues with software that Byrider licenses from another company, the franchisee must pursue a resolution directly with that third-party provider. Byrider is not obligated to provide a fix or a workaround for these issues. This could potentially leave the franchisee in a difficult position if the third-party software is critical to their operations and the third-party provider is unresponsive or unable to resolve the issue promptly.
This arrangement differs from situations where the franchisor takes full responsibility for all software used in the franchise system. Prospective Byrider franchisees should carefully evaluate the importance of third-party software to their business and consider the potential risks associated with this limited warranty. It would be prudent to understand who the third-party software providers are and what service level agreements Byrider has with them.