What form is the Pump It Up software provided in?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
etion. We or our designee shall have the right to terminate (and subsequently restart) any Regional Co-op Fund. Upon termination, all monies in that Regional Co-op Fund shall be spent for advertising and/or promotional purposes for Pump It Up Businesses in the subject DMA.
10. MANUALS
A. During the Term, we will allow you access to our Manuals in any medium we decide (the "Manuals"). The Manuals consist of such materials (including, as applicable, audiotapes, videotapes, magnetic media, computer software, written materials, online documentation, recorded virtual webinars, live webinars) that we generally furnish to franchisees from time to time for use in operating a Pump It Up Business.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, franchisees gain access to the Pump It Up manuals in any medium the company chooses. These manuals may include computer software. Pump It Up may also develop certain proprietary or branded products, including software programs, that will be prepared by or for them according to their proprietary designs. The specific software program mentioned in the document is Party Operational Services (POps) v. 1.
Pump It Up may require franchisees to obtain and install new or updated computer or electronic components, and if Pump It Up installs these components, the franchisee must pay the then-current installation fees and any expenses incurred by their personnel. The company also provides a staffed help desk to assist with the initial setup of the POps System. However, franchisees are responsible for engaging with a third-party support company for ongoing network or hardware/software issues.
Pump It Up or its affiliates may condition the license of proprietary software on the franchisee signing a software license agreement. They may also charge a monthly or other fee for the proprietary software or technology licensed to the franchisee, as well as for maintenance and support services. The franchisee is responsible for maintaining the computer system according to Pump It Up's System Standards. If a franchisee develops any new concepts or improvements relating to the system, they must notify Pump It Up, and these developments become the company's property without any payment to the franchisee.
Pump It Up requires franchisees to purchase all products, equipment, materials, supplies, and services from Pump It Up, its affiliates, or from their designated vendors. This includes any proprietary or branded products, such as software programs. The software license is governed by Arizona law, and the franchisee is responsible for all related taxes and telecommunication expenses. The franchisee cannot transfer any rights under the software license without Pump It Up's prior written consent.