When does the Caring Senior Service franchisee's license to use the data in the software expire?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Software License and Maintenance Agreement ("Agreement") is made and entered into as of (the "Effective Date") by and between CARING SENIOR SERVICE |
|---|
| FRANCHISE PARTNERSHIP, L.P. ("CSSFP"), a Texas limited partnership, having its principal offices |
| located at 201 E. Park Ave., San Antonio, TX 78212 and: |
| 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:
-
- MAINTENANCE. CSSFP will maintain the SOFTWARE. Additionally, CSSFP will also periodically provide upgrades and enhancements to the SOFTWARE.
-
- 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").
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, the franchisee's license to use the Tendio™ software expires upon the termination of the Software License and Maintenance Agreement. The agreement's initial term is one year from the effective date and automatically renews for additional one-year terms unless either party provides 90 days written notice of non-renewal before the current term expires.
However, the agreement automatically terminates if the Franchise Agreement between Caring Senior Service and the franchisee terminates, expires, or is not renewed. Additionally, Caring Senior Service can terminate the franchisee's software use immediately with written notice if the franchisee violates specific terms, such as restrictions on use or confidentiality.
Specifically, the franchisee's right to use the software ceases immediately if they violate the terms outlined in Paragraphs 4 (Confidentiality) and 6 (Restrictions on Use) of the Software License and Maintenance Agreement. This includes unauthorized activities like sublicensing, reverse engineering, or providing access to competitors. Therefore, a Caring Senior Service franchisee's access to the software is contingent upon maintaining an active Franchise Agreement and adhering to the terms of the Software License and Maintenance Agreement.