For what purpose can a Kidokinetics franchisee use the KIDOLINK Software?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
C. Franchisor's affiliate has developed the KIDOLINK business management software, for which Franchisor has the contractual right to sublicense, to be utilized by Franchisee in connection with the Franchised Business ("KIDOLINK Software"). The KIDOLINK software provides assistance with the management of client leads and data, sales records and documentation, inventory control, marketing efforts, administrative matters, and customer service for Franchisee and Franchisee's employees.
(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 will submit the Gross Sales Report by an electronic transfer of data using the management software we require (currently Kidolink), or any other such software that Franchisor may require Franchisee use in the operation of the Kidokinetics Business.
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.
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.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the KIDOLINK Software is business management software designed to assist franchisees in several key areas. Specifically, it helps with managing client leads and data, maintaining sales records and documentation, controlling inventory, coordinating marketing efforts, handling administrative tasks, and providing customer service. The software is intended to be used by the franchisee and their employees to streamline operations and improve efficiency within the Kidokinetics franchised business.
The license granted to the Kidokinetics franchisee to use the KIDOLINK Software is personal, limited, non-assignable, non-transferable, and non-exclusive. This means the franchisee cannot allow third-party access unless required by Kidokinetics, and they cannot customize, reverse engineer, or modify the software. The franchisee is expected to use only the current versions of the software, although prior versions may be used if necessary to support the current version. Kidokinetics retains ownership of all data and information input and stored in the KIDOLINK Software, licensing it to the franchisee solely for the direct operation of the franchised business during the agreement term.
Kidokinetics franchisees are required to use the KIDOLINK software to submit Gross Sales Reports by electronic data transfer. The franchisor may include a feature in the KIDOLINK Software that will cause the KIDOLINK Software to automatically cease to operate if the franchisee materially breaches the Franchise Agreement, fails to submit required reports, or fails to pay required fees or royalties. Upon termination of the license, the franchisee must return or dispose of all copies of the software as instructed by Kidokinetics and remove all copies from their computers and electronic storage media. The franchisee will not receive any refund of payments made to Kidokinetics if the license expires, is terminated, or if the software is disabled.