Under what circumstances related to Dairy Queen mandates and Acumera recommendations will Acumera have liability to a Dq Treat Participating Location?

According to Dq Treat's 2025 Franchise Disclosure Document, Acumera's liability to a participating location is limited under specific circumstances related to Dairy Queen mandates and Acumera's recommendations concerning security configurations. Acumera establishes firewall configurations and policies based on PCI-DSS recommendations, industry best practices, and in consultation with Dairy Queen.

Acumera will not be liable for data breaches if Dairy Queen mandates a configuration, policy, or procedure that Acumera advises against, provided that Dairy Queen has been notified of Acumera's recommendation. This means that if Dq Treat, at Dairy Queen's direction, implements a security measure that Acumera believes is flawed and a data breach occurs as a result, Acumera will not be held responsible. This highlights the importance of franchisees understanding the security configurations and policies established for the Dq Treat system and the potential risks associated with overriding Acumera's recommendations based on Dairy Queen's mandates.

This exclusion of liability underscores the importance of clear communication and documentation between Acumera, Dairy Queen, and the Dq Treat franchisee regarding security measures. Franchisees should ensure they are aware of any instances where Dairy Queen's mandates deviate from Acumera's recommendations and understand the potential implications for data security. It is also important for franchisees to understand that Acumera's liability is generally limited to the fees paid by the participating location to Acumera in the twelve months preceding the event giving rise to a claim, as stated in section 18.1.