Under what circumstances is Acumera not liable for service failures related to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
UNDER NO CIRCUMSTANCES IS ACUMERA LIABLE FOR SERVICE FAILURES THAT ARE BEYOND THE REASONABLE CONTROL OF ACUMERA.
- In no event shall Acumera have any liability to Participating Location or any third party for Participating Location's VoIP system performance, including, but not limited to phone registration failures, call quality, dropped calls or other issues regardless of whether the VoIP traffic is configured to pass through the Acumera firewall.
Participating Location acknowledges that Acumera does not provide and does not manage Participating Location's Internet circuit and is not responsible for the performance of said circuit and assumes no liability for issues with Internet speed or performance related to the Internet circuit.
Furthermore, Participating Location's acknowledges that if their Internet connectivity is not a terrestrial (landbased) high-speed always-on cable, broadband, fiber, or dedicated circuit (i.e.
T1 or similar), Acumera services may not perform optimally and that under such circumstances Acumera shall have no liability to Participating Location for issues caused by any inadequate or faulty Internet circuit.
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 Dq Treat's 2025 Franchise Disclosure Document, Acumera's liability for service failures is limited under specific conditions. Acumera is not liable for service failures that are beyond its reasonable control. This means that if a service disruption occurs due to factors that Acumera cannot reasonably prevent or manage, Dq Treat franchisees cannot hold Acumera responsible for any resulting damages or losses. This clause protects Acumera from liability for events such as natural disasters, widespread internet outages, or third-party system failures that are outside of their direct control.
Additionally, Acumera is not responsible for issues related to the Participating Location's VoIP system performance, including phone registration failures, call quality, or dropped calls, regardless of whether the VoIP traffic passes through the Acumera firewall. Acumera also assumes no liability for issues with internet speed or performance related to the internet circuit, as it does not provide or manage the Participating Location's internet circuit. If the internet connectivity is not a terrestrial (land-based) high-speed always-on cable, broadband, fiber, or dedicated circuit, Acumera has no liability for issues caused by an inadequate or faulty internet circuit.
Furthermore, Acumera is not liable for any data breach that occurs under the following conditions: if the Acumera-provided firewall or SD-WAN device has not been initially connected, is disconnected, or has been circumvented; due to the failure to implement a security measure as recommended by PCI-DSS Standards; in any Participating Location environment where POS system data traffic is not configured to be on an isolated network segment through the Acumera firewall; when the 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 (unless the Participating Location received a Configuration Exception from Dairy Queen); when Dairy Queen mandates implementation of a configuration, policy, or procedure that Acumera recommends against (if Dairy Queen has been notified of the recommendation); 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 in a manner that industry-standard firewall technology employed at the time of the breach is not able to prevent. These exclusions highlight the importance of maintaining proper security configurations and adhering to recommended security measures to ensure the protection of data and systems.