Does the Byrider Software Services and User Agreement define the term 'Hosting Facility'?

According to Byrider's 2025 Franchise Disclosure Document, the Byrider Software Services and User Agreement does define the term 'Hosting Facility'. The document specifies that the server portion of the Licensed Software will be hosted by Byrider from its data processing facilities. The portion of those facilities that host the Licensed Software is referred to as the 'Hosting Facility'.

This definition is important for Byrider franchisees because it clarifies where the Licensed Software is housed and maintained. It also establishes that Byrider is responsible for hosting the software, which includes providing the necessary infrastructure and security. The franchisee is responsible for maintaining a secure network connection to the Hosting Facility.

Furthermore, the agreement states that the franchisee must ensure its personnel access the Licensed System and the Hosting Facility in a secure work environment to prevent unauthorized use or access. The franchisee is also responsible for the communication and transmission of data between themselves and the Hosting Facility. This includes ensuring network connectivity through secured network connections and controlled devices, as well as installing and maintaining security measures like anti-virus tools and firewalls as directed by Byrider.

In essence, while Byrider maintains the 'Hosting Facility' and the Licensed Software, the franchisee is responsible for securing their own access and data transmission to that facility. This division of responsibility is typical in franchise agreements involving software and data management, as it allows the franchisor to maintain control over the core system while placing the onus of secure access on the franchisee.