Is the Byrider Software Services and User Agreement part of the Franchise Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Software Services and User Agreement ("Agreement") is entered into as of the «Day» day of «Month», «Year», by and between BYRIDER FRANCHISING PARTNERS, LLC, having its principal place of business at 12802 Hamilton Crossing Blvd., Carmel, Indiana 46032 (hereinafter "Licensor" or "Company") and Franchisee, as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and Franchisee dated «Month» «Day», «Year» (together with its agents and successors, collectively, hereinafter "Licensee"), and is made part of the Franchise Agreement. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Byrider Software Services and User Agreement is indeed a part of the Franchise Agreement. Specifically, the Software Services and User Agreement is referenced as Exhibit D to the Franchise Agreement.
This agreement outlines the terms and conditions under which Byrider franchisees are permitted to use Byrider's proprietary software for managing "buy-here-pay-here" automobile sales and collections. This software includes components owned directly by Byrider and components sublicensed from third parties. The agreement also covers the associated documentation and infrastructure standards required to access the licensed system.
For a prospective Byrider franchisee, this means that using Byrider's technology system is not optional but a mandatory part of operating the franchise. The franchisee must agree to the terms outlined in the Software Services and User Agreement and pay the costs associated with the technology system as invoiced. Upon termination or expiration of the Franchise Agreement, the Software Agreement also terminates, and the franchisee will no longer have access to Byrider's computer software, except for information needed to collect receivables and wind down the business.