Is Byrider responsible for any loss of profits resulting from damage to data?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
D, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES TO LICENSEE OR ANY THIRD PARTY OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED SYSTEM OR ITS SERVICES UNDER THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES. FURTHER, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE OF NATURE, EXCEPT AS PROVIDED IN SECTIONS 20 AND 21 BELOW. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE UNINTERRUPTED. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM DAMAGE TO DATA, OR DAMAGES DUE TO HACKING OR AN EMPLOYEE OF LICENSEE DAMAGING DATA/SYSTEM, OR ANY DAMAGES DUE TO OPERATION OF THE THIRD PARTY SOFTWARE, EVEN IF LICENSOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider is generally not liable for any loss of profits resulting from damage to data, subject to certain exceptions. Specifically, Byrider is not responsible for any indirect or consequential damages resulting from damage to data. This also extends to damages due to hacking, employee damage to data/systems, or the operation of third-party software, even if Byrider has been advised of the possibility of such damages.
However, there are exceptions to this general limitation of liability. If Byrider's fault or negligence, or the operation of Byrider's software, or a breach of warranty by Byrider causes Customer Data to be corrected, recreated, restored, or reprocessed, Byrider will be responsible for the cost of commercially reasonable efforts to correct, recreate, restore, or reprocess the data at no cost to the franchisee. Both parties are expected to cooperate to promptly correct any Customer Data issues.
This means that as a Byrider franchisee, you bear the risk of loss of profits due to data damage unless the damage is a direct result of Byrider's actions or software malfunctions. It is important to have robust data backup and security systems in place, as well as understand the limitations of Byrider's liability as outlined in the franchise agreement.