For Even Hotels, what is the definition of 'FreedomPay Technology'?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Hotel acknowledges that all right, title and interest in and to all patents, copyrights, trade secret, trademark and other intellectual property rights in the goods and services (other than thirdparty Goods and Third-Party services), together with all modifications, improvements, enhancements, updates, localizations and translations thereof (collectively, "FreedomPay Technology"), are, and at all times will remain, the sole and exclusive property of FreedomPay, the provider of the Secure Switching service.
Nothing contained in this Participation Agreement may directly or indirectly be construed to assign or grant to Hotel or any third party any license, right, title or interest in or to the FreedomPay Technology except as necessary to use the goods or services or as otherwise expressly provided in this Participation Agreement.
The license granted to Hotel to the software embedded in the Products and Secure Switching and granted to Hotel in its agreement with IHG is limited to facilitating the sale of Hotel's products and services and does not include any other rights of any type.
FreedomPay owns all Remaining Rights. "Remaining Rights" means, except for the limited license granted to Hotel, all other rights in the software, including but not limited to, improvements, modifications, alterations, additions and deletions to any trademark, logo, copyright or other notices, legends, symbols, labels, displays, sounds, other media or characteristics on or in the FreedomPay Technology on the Products.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, FreedomPay Technology encompasses all intellectual property rights related to the FreedomPay Solution. This includes patents, copyrights, trade secrets, trademarks, and other intellectual property rights in the goods and services provided (excluding third-party goods and services). It also covers all modifications, improvements, enhancements, updates, localizations, and translations of these items. FreedomPay retains sole ownership of this technology.
For an Even Hotels franchisee, this means they are granted a limited license to use the FreedomPay Technology solely for facilitating the sale of the hotel's products and services. They cannot use it for any other purpose. The franchisee cannot directly or indirectly claim any ownership or rights to the FreedomPay Technology beyond this limited usage license. Any attempt to reverse engineer, decompile, or disassemble the technology is strictly prohibited.
FreedomPay retains all rights to modify, alter, or add to the FreedomPay Technology, including trademarks, logos, copyrights, and other identifying elements. The franchisee must also comply with all applicable laws and regulations while using the FreedomPay services and must not use the services for any unlawful purpose. Furthermore, the franchisee is responsible for ensuring that their eCommerce systems transmit full SKU level data with each transaction, as required by FreedomPay. Failure to do so may result in suspension of access to the FreedomPay Solution.