What actions can cause the Kidokinetics KIDOLINK Software to automatically cease operating?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
are and any updated versions of it as long as Franchisor requires it.
- (d) Disabling of the KIDOLINK Software. Franchisee understands that Franchisor may include a feature in the KIDOLINK Software that will cause the KIDOLINK Software to automatically cease to operate in whole or in part in the event Franchisee materially breaches this Agreement, the Franchise Agreement, or fails in a timely manner to (i) submit to Franchisor the reports required by Franchisor; (ii) pay to Franchisor the required fees under this Agreement; or (iii) pay to Franchisor the Royalty Fee or any other amounts due to Franchisor under the Franchise Agreement. Franchisor will not be liable to Franchisee for any damages whatsoever that may result directly or indirectly from Franchisor's disabling of the functionality of the KIDOLINK Software pursuant to this Section.
- (e) Disposition of Copies.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the KIDOLINK Software, which franchisees are required to use, can automatically cease to operate if certain conditions are met. Specifically, Kidokinetics may include a feature in the software that disables it if a franchisee materially breaches the Franchise Agreement.
This automatic disabling can occur if the franchisee fails to submit required reports to Kidokinetics in a timely manner. It can also happen if the franchisee does not pay the required fees under the agreement or fails to pay the Royalty Fee or any other amounts due to Kidokinetics under the Franchise Agreement.
Kidokinetics states that it will not be liable for any damages resulting from the disabling of the KIDOLINK Software's functionality under these conditions. Furthermore, if the software is disabled, the franchisee will not receive any refund of payments made to Kidokinetics.