Does the Byrider Software Services and User Agreement allow for updates to the Licensed System?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensed System Maintenance and Support.
- 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.
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 does allow for updates to the Licensed System. Specifically, Byrider, as the Licensor, may make corrections, updates, and modifications to the Licensed System, which are referred to as "enhancements" from time to time.
These enhancements to the Licensed System will be made available to the franchisee (Licensee) 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, covering the franchisee's pro rata portion of Byrider's cost. However, changes to Infrastructure Standards must be reviewed by the Dealer Board and used by all users of the Licensed System.
Byrider may also choose to repair or replace any verifiable non-conformities in the Licensed Software programs to ensure they conform to the documentation of the Licensed System, providing these repairs or replacements to the franchisee without additional charge. Additionally, Byrider will provide telephone consultation to assist the franchisee in resolving difficulties related to the use of the Licensed Software.