factual

What is Cream's definition of 'Confidential Information' regarding software and technology?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

any software or technology which is proprietary to the System, including any login credentials for, source code of, and data, reports, and other materials generated by, the software or similar technology;

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, Confidential Information includes any software or technology proprietary to the Cream system. This encompasses login credentials, the software's source code, and any data, reports, or materials generated by the software or similar technology.

Cream retains ownership of all Confidential Information, granting franchisees only the right to use it as specified for operating their shops during the term of the franchise agreement. Franchisees do not acquire any other interest in the confidential information. Cream considers this information proprietary and includes its trade secrets, disclosing it only under the condition that franchisees protect it.

Unauthorized use or disclosure of Cream's Confidential Information is considered an unfair method of competition and a breach of trust, potentially causing irreparable harm to Cream and its affiliates. Franchisees are responsible for ensuring that their employees and representatives who have access to this information also adhere to these confidentiality requirements. This extends to adopting and maintaining security measures to prevent unauthorized use or disclosure, such as restricting access to key personnel and requiring confidentiality agreements.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.