What constitutes misuse of proprietary software in the context of a Spray Net franchise agreement?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
- The Spray-Network is the proprietary software of Spray-Net, and may not be sold, redistributed, reverse engineered or used in any other manner than intended for use with the franchise business model.
Training: It is the responsibility of the franchise owner to complete all trainings related to the Spray-Network and apply the training as outlined when operating the Software. It is the Franchise Owner's responsibility to train and support and onboard their employees to the Spray-Network. Training tools and materials may be provided to employees to help facilitate a successful training. It is the responsibility of the Franchise Owner to notify the franchisee if they deem the training and material deficient in any way shape or form and to request additional training. SPRAY-NET may decline to train a Franchise Owner's employees. It is the responsibility of the Franchise Owner to ensure their employees are properly trained on the Spray-Network and retain any responsibility of defect associated with misuse of the platform, by not following the recommended steps, deviating from the appropriate methods to submit bugs, request user support and access to the training materials.
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- The Spray-Network is intended to be used on a Chrome Browser, Desktop and/or iPad. The list view and production sheet modules are also available on Mobile devices.
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- The Quotation module for the scope of providing quotes is to be completed on Chrome on an iPad with mobile data. It is not intended to be utilized with a mobile hot spot.
It is the responsibility of the franchise owner to notify SPRAY-NET of specific conditions and laws related to third party privacy and confidentiality regulations regarding confidentiality and consumer data protection.
Acknowledgement of Risks and Limitations**: It is the responsibility of the franchise owner and employees operating the software Spray-Network to verify price and paint volume calculations. SPRAY-NET is not responsible for the suggested pricing and paint quantities in the SPRAY-NETWORK. The franchise owner and employees must validate and approve all pricing and paint volume recommendations in the Spray-Network.
The Spray-Net is not responsible for loss or stalling of work and operations, difference in prices and pricing, paint.
Issues with the Spray-Network that may impact a franchise owner's operations and bottom line including and not limited to; loss of connection to the internet, failure to use the modules as intended, bugs, failure to refresh the cache following system updates.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the Spray-Network software is proprietary and franchisees are restricted in how they can use it. The software cannot be sold, redistributed, or reverse engineered. Its use is specifically intended for the Spray Net franchise business model. Franchisees are responsible for completing all training related to the Spray-Network and applying that training when operating the software. They are also responsible for training and supporting their own employees in using the software.
Misuse of the platform includes not following recommended steps, deviating from appropriate methods for submitting bugs, failing to request user support, or neglecting to access training materials. Franchisees must also ensure their employees are properly trained on the Spray-Network, as they retain responsibility for defects associated with misuse of the platform. The Spray Net is not responsible for loss or stalling of work and operations, difference in prices and pricing, paint.
Additionally, the Spray Net system is designed to be used on a Chrome Browser, desktop, or iPad. The quotation module, used for providing quotes, should be completed on Chrome on an iPad with mobile data, and not with a mobile hotspot. Franchisees are also responsible for complying with privacy policies and notifying Spray Net of any specific conditions and laws related to third-party privacy and confidentiality regulations regarding consumer data protection in their region.
Franchisees acknowledge that they are responsible for verifying price and paint volume calculations within the Spray-Network, as Spray Net is not responsible for the suggested pricing and paint quantities. Issues that may impact a franchise owner's operations and bottom line include loss of connection to the internet, failure to use the modules as intended, bugs, and failure to refresh the cache following system updates. Franchisees participating in beta launches of new modules and features understand and accept the risks and limitations associated with potential user issues and bugs that could impact their operations.