Is an Embassy Suites By Hilton franchisee allowed to copy or distribute the OnQ software?
Embassy_Suites_By_Hilton 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.
There are no agreements currently in effect which significantly limit your right to use any of HIH's claimed copyrighted materials. Also, there are no currently effective determinations of the U.S. Patent and Trademark Office, Copyright Office (Library of Congress) or any court pertaining to or affecting any of the claimed copyrights discussed above. Finally, as of the issuance date of this Disclosure Document, neither we nor HIH are aware of any infringing uses of or superior prior rights to any of their claimed copyrights which could materially affect your use of them.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 72–74)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, franchisees are explicitly 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, an affiliate of Embassy Suites By Hilton, and considered Proprietary Information.
This restriction is a standard practice in franchising, as franchisors need to protect their proprietary systems and maintain uniformity across all franchise locations. Unauthorized copying or distribution could compromise the integrity and security of the software, potentially leading to operational inconsistencies or even legal issues.
Embassy Suites By Hilton franchisees are also obligated to notify the franchisor of any unauthorized use of the OnQ software or any other Hilton systems. This requirement ensures that the franchisor can take appropriate action to address any potential breaches or misuse of its proprietary technology. Franchisees do not have any agreements that would allow them to use the copyrighted materials in an unapproved way.