What is a Caring Senior Service franchisee obligated to do regarding access to the SOFTWARE?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
At CSSFP's request, FRANCHISEE shall furnish CSSFP with a sworn and notarized certification verifying that the Software is being used in a manner permitted by provisions of this Agreement.
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.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, franchisees have several obligations regarding the franchisor's software. Caring Senior Service franchisees must restrict access to the SOFTWARE to authorized users and only provide access to employees after informing them of their confidentiality obligations to protect Caring Senior Service's interests. Franchisees cannot provide access to Caring Senior Service's competitors or parties involved in providing client operations management, scheduling, or billing software without express written consent from Caring Senior Service. Franchisees may not allow independent contractors to view or use the SOFTWARE unless the contractor is subject to a written confidentiality agreement.
Additionally, at Caring Senior Service's request, franchisees must furnish a sworn and notarized certification verifying that the Software is being used as permitted by the agreement. Franchisees also agree and consent to the terms regarding the use of the SOFTWARE and any related Confidential Information. If a franchisee violates the terms outlined in Paragraphs 4 and 6 of the agreement, their use of the SOFTWARE will terminate immediately upon written notice from Caring Senior Service Franchise Partnership (CSSFP).
These obligations ensure that Caring Senior Service maintains control over its proprietary software and confidential information. Franchisees must adhere to these restrictions to maintain their license to use the software and avoid potential termination of their software access and potentially the franchise agreement.