factual

Is a Kidokinetics franchisee allowed to customize the KIDOLINK Software?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (b) No Customization. Franchisor prohibits Franchisee from customizing or authorizing customizations of the KIDOLINK Software
  • (e) No Reverse Engineering or Modifications. Franchisee agrees not to reverse engineer, decompile or disassemble the KIDOLINK Software or any part of the KIDOLINK Software, nor will Franchisee change, modify or create derivative works from the KIDOLINK Software.

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, franchisees are explicitly prohibited from customizing the KIDOLINK Software. The franchise agreement grants a limited, non-exclusive license to use the software, but this license does not extend to making any alterations or modifications.

This restriction means that franchisees must use the KIDOLINK Software as it is provided by Kidokinetics, without any ability to tailor it to their specific needs or preferences. The franchisor retains control over the software's functionality and any updates or changes to it. This is a fairly standard practice in franchising, as it allows the franchisor to maintain uniformity and consistency across all franchise locations.

The FDD also states that franchisees agree not to reverse engineer, decompile, or disassemble the KIDOLINK Software, nor will they change, modify, or create derivative works from it. This further reinforces the prohibition against customization and ensures that the franchisee cannot attempt to circumvent the restrictions through technical means. Franchisees must use current versions of the KIDOLINK Software, and updates may include versions requiring additional fees.

Kidokinetics may also develop customized software for the franchisee's use, and the franchisee may be required to purchase and use this software at Kidokinetics' discretion. However, even with customized software, the franchisee agrees to abide by the terms of the agreement, meaning that the franchisor retains control and the franchisee's ability to modify the software is limited.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.