When does the Byrider software license agreement expire or terminate?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- Termination. This Agreement shall automatically and without notice expire or terminate concurrently with the expiration or termination of the Franchise Agreement. In addition, if, at any time, Licensee defaults in the performance of any of its obligations under this Agreement and such default is not corrected within ten (10) days after Licensor has given Licensee written notice specifying such default, in addition to any other remedies that it may have, Licensor shall have the right to terminate this Agreement for cause by giving written notice of termination to Licensee, and this Software License Agreement shall then immediately terminate. Termination shall not relieve either party of its pre-existing obligations under this Agreement. Upon initiation of any bankruptcy or receivership proceedings by or against Licensee, or upon execution of a deed of trust or assignment for the benefit of creditors or any other transfer or assignment of a similar nature by Licensee, Licensor reserves the right to terminate this Agreement immediately or at any time thereafter.
Except as provided in Section 19(a) above, upon termination of this Agreement, Licensor shall not have any obligation to refund any fees paid to it by Licensee for use of the Licensed System.
Licensee further acknowledges and agrees that Licensor may terminate this Agreement or suspend Licensee's access to and use of the Licensed Software and Licensed Documentation under and as described in Section 17.2 of the Franchise Agreement.
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- Cease Use of the Licensed System. Immediately upon termination of the Agreement, Licensee shall cease all use, and make no further use, in whole or part, of 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 software license agreement automatically expires or terminates concurrently with the expiration or termination of the Franchise Agreement. Additionally, Byrider can terminate the software license agreement if the franchisee defaults on their obligations and fails to correct the default within ten days of written notice from Byrider. The agreement can also be terminated immediately if the franchisee initiates bankruptcy or receivership proceedings, executes a deed of trust, or makes a similar assignment for the benefit of creditors.
Upon termination of the software license agreement, Byrider is not obligated to refund any fees paid by the franchisee for using the licensed system, except as provided in Section 19(a) of the agreement. The franchisee must also immediately stop using the licensed system. However, Byrider will provide the franchisee with the necessary information to collect receivables and wind down their business in an orderly manner.
These terms are typical in franchise agreements to protect the franchisor's intellectual property and ensure a smooth transition upon termination. Prospective Byrider franchisees should understand these conditions, as they dictate the terms under which they can use the software and what happens to their access and data if the franchise agreement ends.