Where is a Caring Senior Service franchisee permitted to use the SOFTWARE?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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.
DEFAULT.
Should FRANCHISEE fail to pay any amount within thirty (30) days of the invoice date, CSSFP shall have the right to add interest at the rate of one (1%) percent per month (or, if such amount is in excess of applicable laws, the maximum allowable amount) on all amounts past due.
CSSFP may disable FRANCHISEE'S SOFTWARE access should there be any amounts outstanding more than sixty (60) days.
VERIFICATION AND AUDIT.
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.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, a franchisee's use of the software is governed by the franchise agreement and is subject to certain restrictions. The franchisee agrees and consents to the terms regarding the use of the software and any related confidential information, which remains in effect as long as the agreement is valid. However, if the franchisee violates specific terms outlined in Paragraphs 4 and 6 of the agreement, their right to use the software terminates immediately upon written notice from Caring Senior Service Franchise Partnership (CSSFP).
The FDD specifies several restrictions on how a Caring Senior Service franchisee can use the software. Unless they obtain written permission from CSSFP, franchisees are prohibited from sublicensing, exporting, or transferring the software. They cannot provide remote processing or service bureau services using the software, nor can they decompile, disassemble, or reverse engineer it. Additionally, franchisees must not remove any proprietary notices or copyright markings from CSSFP's proprietary information, and they are limited in copying the software or database, except for archival backup purposes.
Caring Senior Service also outlines conditions under which a franchisee's software access can be disabled. If a franchisee fails to pay any amount within thirty days of the invoice date, CSSFP has the right to add interest at a rate of one percent per month (or the maximum allowable amount under applicable laws) on all past due amounts. Furthermore, CSSFP may disable the franchisee's software access if any amounts remain outstanding for more than sixty days. To ensure compliance, CSSFP can request a sworn and notarized certification from the franchisee, verifying that the software is being used in accordance with the agreement's provisions.