What are the exceptions to Olo's IP Infringement Obligation regarding Hardees' use of Licensed Applications or Services?

According to Hardees's 2025 Franchise Disclosure Document, Olo's IP Infringement Obligation will not apply in certain situations related to Hardees' use of licensed applications or services. These exceptions outline specific circumstances where Olo will not be held liable for claims of intellectual property infringement.

Specifically, Olo is not responsible for claims arising from Hardees' use of the Licensed Applications or Services in violation of the agreement. This means if Hardees misuses the applications in a way not permitted by the agreement, Olo is not liable for any resulting infringement claims. Additionally, Olo is not liable if the Customer Materials infringe or misappropriate a third party's trade secret, U.S. patent, trademark, or copyright. This highlights the importance of Hardees ensuring that any materials they provide or use with the services do not infringe on others' intellectual property rights.

Finally, Olo's IP Infringement Obligation does not apply to claims resulting from the combination, operation, or use of the Service(s) with any product, service, or material not provided by Olo or on Olo's behalf. This means that if Hardees integrates the Olo services with other systems or materials that cause infringement, Olo is not responsible. This exception encourages franchisees to use the Olo services as intended and to avoid unauthorized integrations that could lead to legal issues.