Does the Byrider Software Services and User Agreement allow for enhancements to the Licensed System?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
he Licensed Software. Licensee shall also implement sufficient procedures to satisfy its own requirements for security and accuracy of input and output. Licensor does not guarantee any retroactive compatibility between new versions, releases, fixes, enhancements, or other modifications to the Licensed System.
THE FOREGOING WARRANTY IS NULL AND VOID IF THE ALLEGED NON-CONFORMITIES ARE PROXIMATELY CAUSED BY ANY OF THE FOLLOWING:
- A. ANY UNAUTHORIZED MODIFICATION OR USE OF THE LICENSED SYSTEM BY LICENSEE,
- B. LICENSEE'S FAILURE TO PERFORM A REQUIRED DUTY OR DUTIES, OR
- C. LICENSEE PERFORMING A REQUIRED DUTY IN AN IMPROPER MANNER.
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- Licensed System Maintenance and Support.
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- a. Licensor may make corrections, updates, and modifications of the Licensed System ("enhancements") from time to time. Licensor shall make the enhancements to the Licensed System available to Licensee without additional charge except for any enhancements which constitute Third Party Software, or changes to Infrastructure Standards. Licensor will provide Licensee any enhancements which constitute Third Party Software or changes to Infrastructure Standards, and shall be permitted to pass through a charge to Licensee equal to Licensee's pro rata portion of an amount equal to Licensor's cost therefor, provided that such changes to the Infrastructure Standards were reviewed by the Dealer Board and are used by all users of the Licensed System. Further, Licensor may or may not, at its option, repair or replace any verifiable non-conformities in the Licensed Software programs such that these programs conform to the documentation of the Licensed System and provide those repairs or replacements to Licensee without additional charge. Also, Licensor will provide consultation by telephone to assist Licensee to resolve difficulties of Licensee related to the use of the Licensed Software. The maintenance services contemplated by this paragraph will be provided generally from 9 a.m. to 5 p.m., Eastern Daylight Time, Monday through Friday, excluding holidays.
- b.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Licensor (Byrider) may make corrections, updates, and modifications, referred to as "enhancements", to the Licensed System from time to time. These enhancements will be made available to the franchisee without additional charge, except for any enhancements that constitute Third Party Software or changes to Infrastructure Standards.
If the enhancements involve Third Party Software or changes to Infrastructure Standards, Byrider is permitted to pass through a charge to the franchisee. This charge will be equal to the franchisee's pro rata portion of Byrider's cost for the enhancement, provided that changes to the Infrastructure Standards were reviewed by the Dealer Board and are used by all users of the Licensed System. Byrider may also repair or replace any verifiable non-conformities in the Licensed Software programs, ensuring they conform to the documentation of the Licensed System, without additional charge to the franchisee.
However, Byrider is relieved of its obligation to provide services if the franchisee or any third party makes unauthorized changes, modifications, enhancements, or improvements to the Licensed System. Such unauthorized alterations can also be grounds for termination of the Software Services and User Agreement.