What is the initial term length of the SOFTWARE agreement for Caring Senior Service?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, the initial term of the Software License and Maintenance Agreement is one year from the effective date. After the initial one-year term, the agreement automatically renews for additional one-year terms, unless either party provides written notice of non-renewal at least 90 days before the end of the current term.
This agreement outlines the franchisee's right to use Caring Senior Service's proprietary software, Tendio™, for managing non-medical operations, scheduling, and billing. It also states that upon termination of the Software License and Maintenance Agreement, the franchisee will lose all rights to use the software.
The agreement also specifies that it automatically terminates if the Franchise Agreement between the parties is terminated, expires, or is not renewed. This ensures that the franchisee's access to the software is directly tied to the continuation of their franchise agreement with Caring Senior Service.