Terms & Conditions

Terms and Conditions of Service for Franchiseware Company– 2024

Last updated: September 18^th , 2024

These Terms and Conditions (“Agreement”) govern the use of services provided by Franchiseware Company, a company offering franchise management solutions, advertising, marketing, and consulting services. By using our services, you (“Client”, “User”, or “Franchisee”) agree to these terms.

Acceptance of Terms

By accessing or using FranchiseWare’s services, you agree to be bound by this Agreement, which may be updated from time to time without notice. Continued use of the services constitutes acceptance of any changes made to this Agreement.

Services Offered

FranchiseWare provides the following services, including but not limited to:

– Franchise management software solutions

– Consulting services

– Training programs

– Technical support

– Data analytics and reporting tools

The scope of services will be outlined in specific service contracts or proposals, as applicable.

Eligibility

By using FranchiseWare’s services, you confirm that you are at least 18 years of age and legally capable of entering into contracts. You must have the authority to bind the franchise or business entity you represent to this Agreement.

Account Creation and Responsibility

– Users may need to create an account to access certain services.

– You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. FranchiseWare will not be liable for any loss or damage arising from your failure to protect your account.

Fees and Payment

– All fees for services are outlined in individual agreements or contracts between the Client and FranchiseWare.

– Payments are due in accordance with the terms of the invoice, unless otherwise specified.

– Late payments may incur interest charges at the maximum legal rate.

– FranchiseWare reserves the right to suspend or terminate services in the event of non-payment.

License and Intellectual Property

– FranchiseWare grants you a limited, non-exclusive, non-transferable license to use its software and services for your franchise operations.

– All intellectual property, including software, trademarks, logos, and content, remains the property of FranchiseWare or its licensors.

– You may not copy, modify, distribute, or reverse-engineer any part of the software without prior written permission from FranchiseWare.

Use of Services

You agree to use FranchiseWare’s services in a lawful manner and in accordance with this Agreement. You shall not:

– Engage in any unauthorized or illegal activities while using the services.

– Interfere with the proper functioning of the services.

– Violate any applicable laws or regulations.

Data and Privacy

FranchiseWare collects, stores, and processes data in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By using the services, you consent to the collection and use of data as outlined in the Privacy Policy.

– Data Ownership: You retain ownership of all data you upload to our platform. FranchiseWare has the right to use this data solely to provide services to you.

– Data Security: FranchiseWare employs industry-standard measures to safeguard your data, but cannot guarantee absolute security. You acknowledge and agree that any data transmitted over the internet may be at risk of interception or unauthorized access.

Service Availability and Maintenance

– FranchiseWare strives to ensure the continuous availability of its services, but does not guarantee 100% uptime.

– Scheduled maintenance or unforeseen downtime may occur. FranchiseWare will make reasonable efforts to notify users of any significant interruptions to service.

Support and Training

FranchiseWare offers technical support and training based on the terms outlined in your specific service package or agreement. Response times may vary depending on the service level.

Limitation of Liability

– To the maximum extent permitted by law, FranchiseWare shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services.

– FranchiseWare’s total liability for any claim under this Agreement, including any implied warranties, is limited to the amount paid by the Client for the services during the 12 months prior to the event giving rise to the claim.

Termination

Either party may terminate this Agreement:

– For convenience with 30 days’ written notice.

– For cause if the other party breaches any material term of this Agreement and fails to remedy the breach within 14 days of written notice.

Upon termination, FranchiseWare will cease providing services and the Client must pay all outstanding fees for services rendered up to the date of termination. Any rights or obligations which, by their nature, should survive termination (including payment, confidentiality, and indemnification obligations) shall continue in effect.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the course of service. Confidential information shall not include information that:

– Is publicly available at the time of disclosure.

– Was already known to the receiving party.

– Is lawfully obtained from a third party.

– Is required to be disclosed by law or legal process.

Dispute Resolution

Any disputes arising under this Agreement shall first be resolved through good-faith negotiation between the parties. If negotiation fails, the dispute will be submitted to binding arbitration in accordance with the rules of [Arbitration Organization]. The venue for arbitration will be [City], [State/Country].

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of laws principles.

Modifications to the Terms

FranchiseWare reserves the right to modify these Terms and Conditions at any time. Users will be notified of any changes, and continued use of services following any modifications signifies acceptance of the updated terms.

Miscellaneous

– Entire Agreement: This Agreement, along with any related service agreements or contracts, constitutes the entire agreement between you and FranchiseWare.

– Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.

– Assignment: You may not assign or transfer your rights under this Agreement without prior written consent from FranchiseWare.