May an Embassy Suites franchisee copy or distribute any of the OnQ software?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Although neither HIH nor any predecessor has filed an application for copyright registration for the Hilton OnQ software, which includes OnQ (formerly System 21) and other Hilton systems (namely the Revenue and Customer Relationship Management Systems), HIH claims copyrights and the information is Proprietary Information. You may not copy or distribute any of the OnQ software, and you must notify us of any unauthorized use of the OnQ software or any other Hilton systems.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 72–74)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, franchisees are prohibited from copying or distributing the OnQ software. The OnQ software, which includes OnQ (formerly System 21) and other Hilton systems like the Revenue and Customer Relationship Management Systems, is copyrighted by HIH, and this information is considered proprietary.
This restriction means that franchisees must rely solely on the software as provided by Embassy Suites and HIH. They cannot create their own versions, share the software with unauthorized parties, or modify it in any way. This is a standard practice in franchising, as franchisors need to maintain control over their proprietary systems to ensure consistency and quality across all locations.
The FDD also states that franchisees must notify Embassy Suites of any unauthorized use of the OnQ software or any other Hilton systems. This places a responsibility on the franchisee to protect the software and report any potential breaches or misuse. This is important for maintaining the integrity of the system and protecting the intellectual property rights of HIH and Embassy Suites.