What is the definition of 'interruption of business' for which Acumera is not liable to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS ASSOCIATED WITH INTEGRATION, INTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- 18.3.
THE LIMITATIONS IN THIS SECTION 18 DO NOT APPLY TO EITHER PARTY'S LIABILITY FOR ITS (OR ITS RESPECTIVE AGENT'S AND/OR SUBCONTRACTOR'S) GROSS NEGLIGENCE OR WILFULL MISCONDUCT, WILFUL FAILURE TO COMPLY WITH LAW, FRAUD.
Managed Firewall/SD-WAN Exclusions In no event shall Acumera have any liability to Participating Location for any data breach that occurs:
during any period in which the Acumera-provided or Acumera-approved firewall or SD-WAN device
has yet to be initially connected or is disconnected or has been circumvented;
i. due to the failure to implement a security measure as recommended by PCI-DSS Standards;
j. in any Participating Location environment where POS system data traffic is not configured to be on an isolated network segment through the Acumera firewall;
k. when Participating Location requests that the isolated network segment containing POS data traffic is granted access to any system or service not directly related to processing POS transactions.
However, this exclusion will not apply unless Participating Location received a Configuration Exception from Dairy Queen;
I. when Dairy Queen mandates implementation of a configuration, policy or procedure that Acumera recommends against (if Dairy Queen has been notified of the recommendation);
m. through any firewall in use, whether provided by Acumera or otherwise acquired by Participating Location, that has not passed its most recent Approved Scanning Vendor's scan (unless the issue has already been remediated);
n. in a manner that industry-standard firewall technology employed at time of breach is not able to prevent.
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, Acumera, a provider of managed firewall and SD-WAN services, outlines specific circumstances under which it will not be held liable for any interruption of business experienced by a participating Dq Treat location.
Acumera is not liable for data breaches if the Acumera-provided firewall or SD-WAN device has not been initially connected, is disconnected, or has been circumvented. This also applies if a security measure recommended by PCI-DSS Standards is not implemented, or if POS system data traffic is not configured to be on an isolated network segment through the Acumera firewall. Furthermore, Acumera is not liable if the isolated network segment containing POS data traffic is granted access to any system or service not directly related to processing POS transactions, unless the Participating Location received a Configuration Exception from Dairy Queen.
Liability is also excluded if Dairy Queen mandates a configuration, policy, or procedure that Acumera recommends against (provided Dairy Queen has been notified of the recommendation). Additionally, Acumera is not liable if a breach occurs through any firewall in use that has not passed its most recent Approved Scanning Vendor's scan, unless the issue has already been remediated, or if the breach occurs in a manner that industry-standard firewall technology employed at the time of the breach is unable to prevent. These exclusions highlight the importance of adhering to Acumera's security recommendations and maintaining up-to-date security measures to ensure the protection of the Dq Treat location's systems and data.