factual

What is CSSFP's obligation regarding the Caring Senior Service SOFTWARE?

Caring_Senior_Service Franchise · 2025 FDD

Answer from 2025 FDD Document

| a CARING SENIOR SERVICE franchise office ("FRANCHISEE") having its principal office at: | | Address: | | City/State/Zip: | | RECITALS |

FRANCHISEE desires to use CSSFP's software application, Tendio™, which may include other related applications and interfaces, collectively referred to in this Agreement as the "SOFTWARE", which will enable FRANCHISEE to manage the non-medical operations, scheduling and billing aspects of its business;

NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS, THE PARTIES HEREBY CONTRACT AND AGREE AS FOLLOWS:

    1. MAINTENANCE. CSSFP will maintain the SOFTWARE. Additionally, CSSFP will also periodically provide upgrades and enhancements to the SOFTWARE.
    1. TERM. The initial term of this Agreement shall be one (1) year from the Effective Date (the "Initial Term"). Thereafter, this Agreement shall automatically renew for additional one (1) year terms, unless notice of non-renewal is provided by one of the parties hereto on at least ninety (90) days written notice prior to expiration of the then current term (each, a "Renewal Term"). Upon termination of this Agreement, FRANCHISEE will lose all rights to use the SOFTWARE. Notwithstanding the foregoing, this Agreement automatically terminates on the termination, expiration, or non-renewal of the Franchise Agreement executed between the parties and in connection with which this Agreement was executed.
    1. FEES. FRANCHISEE will pay CSSFP a monthly Technology Fee for use of the Tendio™ system as communicated to FRANCHISEE from time to time in writing.
    1. CONFIDENTIALITY. FRANCHISEE agrees to restrict access to the SOFTWARE to its authorized users. FRANCHISEE will only provide access to the SOFTWARE to its employees after informing them of their obligations regarding confidentiality under this agreement to protect CSSFP's interests in the SOFTWARE. In no case will FRANCHISEE provide access to the SOFTWARE to CSSFP's competitors or other parties involved in or in the business of providing, client operations management, scheduling or billing software without the express written consent of CSSFP. FRANCHISEE may not allow independent contractors to view or use the SOFTWARE, unless such contractor is subject to a written confidentiality agreement with terms commensurate to those of this Agreement.
    1. PERMITTED USE. This Agreement provides FRANCHISEE an unlimited user, non-exclusive, nontransferable, license to use the object code version of the SOFTWARE exclusively at the FRANCHISEE'S

offices for as long as this Agreement remains in effect. FRANCHISEE agrees and consents to the terms contained herein regarding its use of the SOFTWARE and any related Confidential Information. The use terms provided hereunder shall cease immediately if FRANCHISEE violates the terms contained in Paragraphs 4 above and 6 below. In such instance, FRANCHISEE'S use of the SOFTWARE shall terminate immediately upon written notice provided by CSSFP.

    1. RESTRICTIONS ON USE. Except with CSSFP' written permission, FRANCHISEE shall not:
  • i.) sublicense, export or otherwise transfer the SOFTWARE;
    • ii.) provide remote processing or service bureau services utilizing the SOFTWARE;
    • iii.) decompile, disassemble or reverse engineer the SOFTWARE;

Source: Item 23 — RECEIPTS (FDD pages 53–204)

What This Means (2025 FDD)

According to the 2025 Caring Senior Service Franchise Disclosure Document, Caring Senior Service Franchise Partnership, L.P. (CSSFP) will maintain the SOFTWARE, identified as Tendio™, which includes related applications and interfaces for managing non-medical operations, scheduling, and billing. CSSFP also commits to periodically providing upgrades and enhancements to the SOFTWARE.

The initial term for the Software License and Maintenance Agreement is one year, with automatic renewal for additional one-year terms unless either party provides a written notice of non-renewal at least 90 days before the current term expires. Franchisees are required to pay a monthly Technology Fee for using the Tendio™ system, with the fee amount communicated in writing.

Caring Senior Service franchisees are responsible for restricting access to the SOFTWARE to authorized users and ensuring that employees are aware of their confidentiality obligations. Franchisees cannot provide access to competitors or other parties involved in similar software businesses without CSSFP's written consent and may not allow independent contractors to use the SOFTWARE unless they have a written confidentiality agreement. CSSFP may disable a franchisee's SOFTWARE access if there are outstanding amounts owed for more than 60 days. At CSSFP's request, franchisees must provide a notarized certification verifying that the SOFTWARE is being used as permitted by the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.