Does the Byrider Software Services and User Agreement allow for improvements to the Licensed System?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
are"). 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. The Hosting Facility, the Licensed Software, the Infrastructure Standards and Licensed Documentation, together with any modifications, translations, updates, versions, enhancements or improvements to the software programs and/or documentation provided by Licensor to Licensee are hereinafter referred to as the "Licensed System." Licensor agrees to provide Licensee with one (1) copy of the Licensed Documentation and all updates or revisions to the Licensed Documentation. Licensor agrees to provide Licensee access to the Licensed Software.
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- Services. In accordance with the terms and conditions of this Agreement, Licensor shall provide Licensee with usage, login, and access to the Licensed System (all of which constitute and form part of the Confidential Information) for the purpose of providing to Licensee data processing and other services related to the "buy-here-pay-here" automobile sales and collection management systems, particularly generation of specific retail installment sales and security contracts from input data and monitoring of receivables and collection productivity by Licensee (hereinafter referred to as "Services").
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider has the right to make improvements to the Licensed System. The Licensed System includes the Hosting Facility, the Licensed Software, the Infrastructure Standards, and Licensed Documentation, along with any modifications, translations, updates, versions, enhancements, or improvements to the software programs and/or documentation provided by Byrider to the franchisee.
Byrider may make corrections, updates, and modifications of the Licensed System from time to time, referred to as "enhancements". Byrider will make these enhancements 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, equaling the franchisee's pro rata portion of Byrider's cost. However, changes to the Infrastructure Standards must be reviewed by the Dealer Board and used by all users of the Licensed System. Licensee agrees that Licensor shall own and have the right to make, use, sell or license to others the Licensed System and any improvements to the Licensed System or any new Licensed System developed by Licensor as a result of any program services to Licensee under this or any other agreement with Licensor relating to the Licensed System.