For what purpose is the data and information in the KIDOLINK Software licensed to the Kidokinetics franchisee?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- (c) Scope of Use. Franchisee may use the KIDOLINK Software solely for Franchisee's internal needs in the operation of Franchised Business as a franchisee of Franchisor and will not make the KIDOLINK Software available to or permit the use thereof by any person or entity except to the extent and in the manner permitted under Subsections 1.A.(d) and (e) below.
Franchisee acknowledges and agrees that all data and information input and stored in the KIDOLINK Software is the sole and exclusive property of Franchisor and that such information is licensed to Franchisee for its use solely for the direct and customary operation of the Franchised Business and only during the term of this Agreement.
Unless notified to discontinue use, Franchisee agrees to continue to use the KIDOLINK Software and any updated versions of it as long as Franchisor requires it.
Franchisee agrees, acknowledges and understands that use of the KIDOLINK Software is for the purposes of assisting Franchisee with maintenance of certain books, records and reports useful to Franchisee and which may be required pursuant to the Franchise Agreement between Franchisee and Franchisor.
The KIDOLINK Software is not intended, and Franchisor specifically disclaims any representation or warranty regarding use of the KIDOLINK Software, to produce records or reports that comply with generally accepted accounting principles ("GAAP") or Internal Revenue Service ("IRS") policies and guidelines.
It is Franchisee's sole responsibility to comply with any applicable requirements of law or otherwise relating to GAAP or IRS polic
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the KIDOLINK Software is licensed to franchisees for their internal use in operating the franchised Kidokinetics business. The franchisee's use of the KIDOLINK Software is specifically limited to the direct and customary operation of the franchised business during the term of the Franchise Agreement. The franchisee cannot make the software available to any other person or entity unless required by Kidokinetics. Franchisees must use current versions of the KIDOLINK Software, but may use prior versions if necessary to support the current version.
The FDD specifies that all data and information input and stored in the KIDOLINK Software is the sole and exclusive property of Kidokinetics. The KIDOLINK Software is designed to assist franchisees with maintaining certain books, records, and reports useful to the franchisee and which may be required pursuant to the Franchise Agreement.
Kidokinetics emphasizes that the KIDOLINK Software is not intended to produce records or reports that comply with generally accepted accounting principles (GAAP) or Internal Revenue Service (IRS) policies and guidelines. It is the franchisee's sole responsibility to comply with any applicable requirements of law or otherwise relating to GAAP or IRS policies. Franchisees must continue to use the KIDOLINK Software and any updated versions of it as long as Kidokinetics requires, unless notified to discontinue use.