What actions are Dq Treat franchisees explicitly prohibited from taking with respect to Punchh Technology and Punchh Analytics, according to the FDD?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.3 Restrictions. Punchh Technology, as well as the Punchh Analytics (as defined below), constitute valuable trade secrets of Punchh. Customer will not, and will not permit any third party to: (1) access or attempt to access the Punchh Technology or Punchh Analytics, except as expressly provided in this Agreement; (2) use the Punchh Technology or Punchh Analytics in any unlawful manner or take any action that could damage, disable, overburden or impair the Punchh Technology; (3) use automated scripts to collect information from or otherwise interact with the Punchh Technology or Punchh Analytics; (4) alter, modify, reproduce, create derivative works of the Punchh Technology or Punchh Analytics; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of rights to access or use the Punchh Technology or Punchh Analytics available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the
Punchh Technology or the methods through which the Punchh Analytics is provided; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Punchh Technology or Punchh Analytics; (8) interfere with the operation or hosting of the Punchh Technology or Punchh Analytics; (9) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Punchh Technology or Punchh Analytics; or (10) use or access the Punchh Technology or Punchh Analytics for any prohibited end uses under Applicable Laws.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, franchisees face several explicit restrictions regarding Punchh Technology and Punchh Analytics. These restrictions are designed to protect Punchh's trade secrets and ensure the integrity of their platform.
Specifically, Dq Treat franchisees are prohibited from accessing or attempting to access the Punchh Technology or Punchh Analytics except as expressly allowed in their agreement. They cannot use the technology or analytics in any unlawful manner or take actions that could harm or disable the system. The use of automated scripts to collect information or interact with the Punchh Technology or Punchh Analytics is also forbidden.
Furthermore, franchisees are barred from altering, modifying, reproducing, or creating derivative works of the Punchh Technology or Punchh Analytics. They cannot distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any rights to access or use the technology to any third party. Reverse engineering, disassembling, decompiling, or attempting to derive the method of operation of the Punchh Technology or Punchh Analytics is strictly prohibited. Franchisees also cannot circumvent technological protection measures, interfere with the operation or hosting, or remove any proprietary notices. Lastly, they are prohibited from using or accessing the Punchh Technology or Punchh Analytics for any prohibited end uses under applicable laws.