What software is HSS obligated to maintain or repair for Embassy Suites?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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- General. HSS will provide Customer with maintenance and support for Proprietary Software and PEP for a term of one (1) year (with annual renewals at the option of HSS) commencing upon execution hereof, for the Proprietary Software and PEP, specifically excluding any maintenance and support of any Certified Third Party Software.
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- Certified Third Party Software Only. Customer understands that the use of any software other than that provided by HSS pursuant to this Agreement, unless such additional third party software has been approved in writing by the HSS Information Technology Department, is not warranted for use on the Authorized Equipment. In the event Customer uses or installs any third party software other than Certified Software on the Authorized Equipment or uses equipment that is not Authorized Equipment, HSS will have no further obligations to provide any software maintenance services to Customer hereunder.
3. Software Maintenance.
- (a) Customer acknowledges and understands that HSS is unable to modify the Certified Third Party Software.
HSS does not provide support the Certified Third Party Software In the event Customer notifies HSS of any condition which Customer believes constitutes a breach of any warranty provided by a third party vendor or a defect in Certified Third Party Software, HSS will, upon Customer's request, provide reasonable cooperation and assistance in notifying such third party vendor of such condition and in urging such third party vendor to correct such condition.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to Embassy Suites' 2025 Franchise Disclosure Document, HSS (presumably a third-party vendor) is primarily responsible for maintaining and supporting the "Proprietary Software and PEP." This explicitly excludes any maintenance or support for "Certified Third Party Software." If an Embassy Suites franchisee uses any software other than what HSS provides, or uses non-authorized equipment, HSS is not obligated to provide software maintenance services.
If the franchisee notifies HSS of an issue with Certified Third Party Software, HSS will reasonably cooperate and assist in notifying the third-party vendor and urging them to correct the issue. However, HSS is unable to modify the Certified Third Party Software and does not provide support for it.
The franchisee is responsible for maintaining duplicate or back-up copies of its software, data files, and documentation. HSS is not liable for damages resulting from the franchisee's failure to maintain these copies, nor for the costs of reconstructing lost data. Additionally, HSS’s maintenance obligations do not apply to issues caused by unauthorized modifications to the software, unapproved hardware, failure to follow HSS instructions, or the franchisee's negligence.