Is a Kidokinetics franchisee required to use the current version of the KIDOLINK Software, and are there any exceptions?

According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must use the current versions of the KIDOLINK Software. However, there is an exception: franchisees may use prior versions if those prior versions are necessary to support the current version. The current version may include an upgrade that requires an additional fee after the Franchise Agreement's effective date. Franchisees must continue using the KIDOLINK Software and any updated versions as long as Kidokinetics requires, unless notified to discontinue use.

Kidokinetics may include a feature in the KIDOLINK Software that will cause it to automatically cease operating if the franchisee materially breaches the agreements, fails to submit required reports, or fails to pay required fees. Upon termination of the license, franchisees must return or dispose of all physical copies of the KIDOLINK Software and its documentation as instructed by Kidokinetics and remove all copies from their computers.

Franchisees acknowledge that all data input and stored in the KIDOLINK Software is the sole property of Kidokinetics and is licensed to the franchisee only for the direct operation of the franchised business during the term of the agreement. Franchisees are prohibited from customizing the KIDOLINK Software or authorizing any customizations. They must also obtain the necessary computer hardware to implement the Proprietary Software and comply with all specifications and standards prescribed by Kidokinetics.