Does the Byrider Software Services and User Agreement define the term 'Confidential Information'?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
he term of this Agreement ("Anonymous Data"). Licensor shall cause the Anonymous Data to be created in a manner which does not include information that personally identifies Licensee or any of its customers. Licensor's use of Anonymous Data shall only be to the extent allowable by law. For example, Licensor shall be permitted to provide Licensee's Customer Data to service bureaus and other parties who aggregate data for reporting and analysis purposes if the Licensor provides substantially similar Customer Data from the Franchisees of the Licensor for the same purpose. Examples of parties would include Experian, Equifax, Transunion, Carfax, and Lexis-Nexis.
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- Confidential Information. Licensee acknowledges that the Licensed Software and Licensed Documentation include proprietary information containing trade secrets and copyrighted materials. Licensee shall not make the Licensed Software or Licensed Documentation or any portion thereof available by assignment, sublicense, transfer, disclosure or any other means for copying or use by any person, firm, or corporation not a party to this Agreement other than its employees, agents and successors. Licensee acknowledges that any unauthorized disclosure to or use by third parties may cause immediate and irreparable harm and significant injury to Licensor that may be difficult to ascertain.
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 addresses confidential information. Specifically, the agreement states that the Licensed Software and Licensed Documentation include proprietary information containing trade secrets and copyrighted materials. Byrider franchisees are prohibited from making the Licensed Software or Licensed Documentation available to any third party without explicit consent.
Byrider franchisees acknowledge that unauthorized disclosure or use of this information could cause immediate and irreparable harm to Byrider. As a result, Byrider retains the right to seek injunctive relief to enforce these confidentiality obligations in the event of a breach or threatened breach, in addition to any other available remedies.
Furthermore, the agreement emphasizes that the Licensed Software contains proprietary trade secrets and know-how, including the "look and feel" of the software's screen displays and its manner of operation. Franchisees must protect this proprietary information by adhering to the confidentiality provisions outlined in the agreement. This underscores the importance Byrider places on safeguarding its intellectual property and maintaining a competitive advantage.