What is the Caring Senior Service franchisee agreeing to regarding its use of the SOFTWARE?
Caring_Senior_Service Franchise · 2025 FDDAnswer 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:
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- MAINTENANCE. CSSFP will maintain the SOFTWARE. Additionally, CSSFP will also periodically provide upgrades and enhancements to the SOFTWARE.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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;
- iv.) remove or permit to be removed from CSSFP's proprietary information, any proprietary, confidential, or copyright notices, markings or legends; or
- vi.) copy the Software or database except for archival backup purposes.
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- FRANCHISEE'S BUSINESS RESPONSIBILITY. FRANCHISEE agrees that CSSFP has no responsibility whatsoever for the conduct of FRANCHISEE'S business. FRANCHISEE agrees that any reliance upon the SOFTWARE provided under this Agreement shall not diminish FRANCHISEE'S responsibility for compliance with laws, rules or regulations pertaining to FRANCHISEE'S business. FRANCHISEE releases, defends and indemnifies CSSFP, its directors, officers, agents, employees, contractors and suppliers, from any third party claim related to the foregoing.
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- DEFAULT.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, the franchisee is granted a non-exclusive, non-transferable license to use the object code version of the SOFTWARE (Tendio™) to manage the non-medical operations, scheduling, and billing aspects of their business. This license is for unlimited users but is restricted to the franchisee's offices and is valid as long as the Franchise Agreement remains in effect. Upon termination of the Franchise Agreement, the franchisee's rights to use the SOFTWARE are immediately terminated. The initial term for the software agreement is one year, with automatic renewal for additional one-year terms unless either party provides 90 days written notice of non-renewal. The franchisee will pay a monthly Technology Fee for the use of the Tendio™ system.
The Caring Senior Service franchisee must restrict access to the SOFTWARE to authorized users and ensure that employees are informed of their confidentiality obligations to protect Caring Senior Service's interests. Access to the SOFTWARE is prohibited for Caring Senior Service's competitors or other parties involved in providing client operations management, scheduling, or billing software without express written consent from Caring Senior Service. Independent contractors may not access the SOFTWARE unless they are subject to a written confidentiality agreement with terms similar to those in the agreement.
The franchisee is prohibited from sublicensing, exporting, or transferring the SOFTWARE, providing remote processing or service bureau services using the SOFTWARE, decompiling, disassembling, or reverse engineering the SOFTWARE, removing proprietary notices, or copying the Software except for archival backup purposes. Caring Senior Service has no responsibility for the conduct of the franchisee's business, and the franchisee remains responsible for complying with all laws, rules, and regulations pertaining to their business, even when relying on the SOFTWARE. The franchisee must indemnify Caring Senior Service from any third-party claims related to the SOFTWARE. Caring Senior Service may disable the franchisee's SOFTWARE access if any amounts are outstanding for more than 60 days. The franchisee must also provide a sworn and notarized certification verifying that the Software is being used as permitted by the agreement, upon Caring Senior Service's request.