Does Kidokinetics warrant that it will correct all software defects?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Proprietary Software
may conduct, among other things, scheduling, accounting, inventory, and related activities. Franchisee must obtain the computer hardware necessary to implement the Proprietary Software into the Kidokinetics Business, and comply with all specifications and standards prescribed by Franchisor regarding the Proprietary Software as provided in the Franchise Operations Manual. This Proprietary Software will be Franchisor's proprietary product, and the information collected therefrom will be deemed Franchisor's confidential information. Franchisee agrees to sign Franchisor's then-current form of software license agreement for any Proprietary Software Franchisor may now or in the future create, pay any license fees associated with use of Proprietary Software, and upgrade the Proprietary Software as Franchisor designates.
- 11.3.6.
Franchisee is required to participate in any System-wide computer network, intranet system, or extranet system that Franchisor implements and may be required by Franchisor to use such computer network, intranet system, or extranet system to, among other things: (i) submit Franchisee's reports due under this Agreement to Franchisor online; (ii) view and print portions of the Franchise Operations Manual, including any updates or modifications thereto; (iii) download approved local advertising materials; (iv) communicate with Franchisor and other System franchisees; and (v) to complete any initial or ongoing training.
Franchisee agrees to use the facilities of any such computer network, intranet system or extranet system in strict compliance with the standards, protocols, and restrictions that Franchisor included in the Franchise Operations Manual, including those related to the encryption of confidential information and prohibitions against the transmission of libelous, derogatory or defamatory statements.
- 11.3.7.
Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time.
Franchisee shall maintain an electronic mail account with an Internet service provider acceptable to Franchisor.
Franchisee shall read all electronic mail related to the Kidokinetics Business on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor.
Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
Based on the 2024 Kidokinetics Franchise Disclosure Document, there is no mention of a warranty regarding the correction of all software defects. The FDD does outline the franchisee's responsibilities regarding software, including obtaining necessary computer hardware, complying with Kidokinetics's software specifications, and upgrading software as designated by Kidokinetics. The franchisee must also sign Kidokinetics's software license agreement and pay associated license fees.
Kidokinetics requires franchisees to participate in any system-wide computer network and may require them to use it for various purposes, such as submitting reports, viewing the operations manual, downloading advertising materials, and communicating with Kidokinetics and other franchisees. Franchisees must also maintain adequate hardware and software to access the internet at the speed required by Kidokinetics and maintain an acceptable electronic mail account, checking it daily for communications from Kidokinetics.
Given the absence of an explicit warranty, a prospective Kidokinetics franchisee should inquire about the franchisor's policy on software maintenance, bug fixes, and updates. Understanding the level of support and the process for addressing software issues is crucial for the smooth operation of the franchise. It would be prudent to discuss the potential costs associated with software maintenance and upgrades, as well as the expected response times for resolving any software-related problems.