Who are the parties involved in the Byrider Software Services and User Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Software Services and User Agreement ("Agreement") is entered into as of the «Day» day of «Month», «Year», by and between BYRIDER FRANCHISING PARTNERS, LLC, having its principal place of business at 12802 Hamilton Crossing Blvd., Carmel, Indiana 46032 (hereinafter "Licensor" or "Company") and Franchisee, as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and Franchisee dated «Month» «Day», «Year» (together with its agents and successors, collectively, hereinafter "Licensee"), and is made part of the Franchise Agreement. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Franchise Agreement.
Licensed System.
Licensor has developed certain computer software programs relating to "buy-here-pay-here" automobile sales and collection management systems, including programs which allow generation of specific retail installment sales and security contracts from input data and monitoring of receivables and collection productivity by Licensee, for use in the automobile sales business (hereinafter referred to as "Licensed Software").
The Licensed Software includes components owned and licensed directly by Licensor ("Licensor Software") and components provided from third parties and sublicensed by Licensor ("Third Party Software").
Licensor has also developed documentation associated with these programs (including end-user manuals) to assist in utilization and understanding of that software (hereinafter referred to as "Licensed Documentation").
The server portion of the Licensed Software will be hosted by Licensor from Licensor's data processing facilities (the portion of those facilities that host the Licensed Software is hereinafter referred to as the "Hosting Facility").
Licensor has developed infrastructure standards ("Infrastructure Standards") (as that term is defined and described in Exhibit 1 to this Agreement) that permit approved access to the Licensed System.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Byrider Software Services and User Agreement is between Byrider Franchising Partners, LLC, referred to as "Licensor" or "Company", and the Franchisee, also referred to as "Licensee". The franchisee is identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and the Franchisee. This agreement is part of the overall Franchise Agreement.
The agreement outlines the terms and conditions for the franchisee's access to and use of Byrider's proprietary computer software programs. These programs relate to "buy-here-pay-here" automobile sales and collection management systems. The software allows for the generation of retail installment sales and security contracts, as well as the monitoring of receivables and collection productivity.
The agreement also specifies that the software includes components owned and licensed directly by Byrider ("Licensor Software") and components provided by third parties and sublicensed by Byrider ("Third Party Software"). Byrider is responsible for hosting the server portion of the Licensed Software from its data processing facilities. The franchisee must also adhere to Byrider's infrastructure standards for accessing the Licensed System.