What software is HSS obligated to maintain or repair for Embassy Suites By Hilton franchisees?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
HSS has no obligation to maintain or repair any software other than the Proprietary Software or PEP, nor to repair or replace any expendable or consumable components such as ribbons, paper, toner cartridges, print wheels, drums, batteries, or diskettes.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, HSS (presumably a software vendor) is only obligated to maintain or repair the "Proprietary Software or PEP." HSS has no obligation to maintain or repair any other software. Specifically, HSS does not provide maintenance, support, or help desk services for any Certified Third Party Software. Maintenance support and services for Certified Third Party Software is to be provided by the applicable Preferred Provider pursuant to the applicable Master Agreement.
Embassy Suites By Hilton franchisees are responsible for maintaining duplicate or back-up copies of their software, data files, and documentation. HSS is not liable for damages resulting from a franchisee's failure to maintain these copies, nor for the costs of reconstructing lost data. Additionally, HSS's obligations do not extend to errors or problems caused by modifications to the Proprietary Software, Certified Third Party Software, or Authorized Equipment made by the franchisee or any third party without HSS's written approval.
Prospective Embassy Suites By Hilton franchisees should be aware that HSS is not responsible for performance or security issues that result from the Customer's failure to accept the application of Patches. The franchisee is responsible for ensuring that their staff is trained and knowledgeable in the use of the Information System. Franchisees should clarify with Embassy Suites By Hilton and HSS the specific software included under "Proprietary Software" and "Certified Third Party Software" to fully understand their support responsibilities and potential costs.