What are 'Proprietary Software Programs' as defined by Nothing Bundt Cakes?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) If we develop or custom design a software program for conducting accounting, business intelligence, KPI reporting, inventory and point-of-sale functions and/or other activities (collectively, the "Proprietary Software Programs"), you agree to obtain the Proprietary Software Programs and install into your Bakery, at your expense, the necessary computer hardware and software to provide us with full and direct electronic access to all of your data, software systems, security camera footage, and related information.
Additionally, you must comply with all specifications and standards we prescribe regarding the Proprietary Software Programs as provided from time to time in the Operations Manual,.
It is possible that we might not be able to alter the Proprietary Software Programs to accommodate each franchisee within the System, and therefore, at such time that we require the implementation of such Proprietary Software Program(s), you will only utilize such Programs we prescribe.
(d) We must have independent, unlimited access to the information generated through the use of our Proprietary Software Programs, without compensation to you, and we may share revenue and other data concerning your Bakery with other franchisees in the System.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, 'Proprietary Software Programs' refer to software programs developed or custom-designed by Nothing Bundt Cakes for specific functions. These functions include accounting, business intelligence, KPI (Key Performance Indicator) reporting, inventory management, and point-of-sale operations.
For a prospective franchisee, this means that if Nothing Bundt Cakes develops such software, the franchisee is required to obtain and install these programs in their bakery at their own expense. This also includes purchasing the necessary computer hardware and software to provide Nothing Bundt Cakes with full and direct electronic access to all of the franchisee's data, software systems, security camera footage, and related information.
Nothing Bundt Cakes retains the right to access all information generated through the use of these proprietary software programs without compensating the franchisee. Furthermore, Nothing Bundt Cakes may share revenue and other data concerning the franchisee's bakery with other franchisees within the Nothing Bundt Cakes system. Franchisees must also comply with all specifications and standards prescribed by Nothing Bundt Cakes regarding these programs, as outlined in the Operations Manual.
A potential risk for franchisees is that Nothing Bundt Cakes might not be able to customize the Proprietary Software Programs to accommodate every franchisee's specific needs. Therefore, franchisees will be required to use the programs as prescribed by Nothing Bundt Cakes, without the possibility of requesting alterations to suit their individual requirements.