Is Kidokinetics liable for inadvertent interruption of the Proprietary Software?

According to Kidokinetics's 2024 Franchise Disclosure Document, Kidokinetics is not liable for the inadvertent interruption of its proprietary software. The FDD states that Kidokinetics "shall also have no liability for inadvertent interruption, disabling, or update of the Proprietary Software." This means that if the software experiences downtime or interruptions due to unforeseen circumstances, franchisees cannot hold Kidokinetics responsible for any resulting damages or losses.

This provision protects Kidokinetics from potential lawsuits or claims arising from software malfunctions or interruptions. However, it also places the risk of such interruptions on the franchisee, who may experience disruptions to their business operations as a result. Franchisees should consider this potential risk when evaluating the Kidokinetics franchise opportunity.

It is important for prospective franchisees to understand the scope of this liability waiver and to assess their own risk tolerance. While Kidokinetics is not liable for inadvertent interruptions, it is still responsible for providing a functional software system. Franchisees should inquire about the measures Kidokinetics takes to prevent software interruptions and to provide support in the event of such occurrences. Understanding these measures can help franchisees mitigate the potential impact of software disruptions on their business.