Terms of Service

Introduction

Welcome to Franzy.com. Franzy ("we," "our," or "us") provides an online platform for you to research, compare, and analyze franchise opportunities. 

By creating an account with us, or by otherwise using our websites, networks, mobile applications, or other services or content provided by us (collectively, the “Services”), you agree to these Terms of Service, our Website Terms of Use and our Privacy Policy. If you do not agree to these Terms, you may not use or attempt to use the Services. . If you do not agree to these Terms, you may not use or attempt to use the Services.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

Use of the Services

Account Registration

To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You must be at least 18 years of age to use the Services.

Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Franzy immediately of any unauthorized use of your account.

Restrictions on Use

Prospective franchisees should limit use of the Services and materials provided by Franzy to internal decision-making only. Prospective Franchisees shall not use the Services to engage in any of the “Prohibited Activity” found in the Website Terms of Use, or other acts that would adversely affect Franzy or the Services. We reserve the right to bar any such activity or use, or bar any prospective franchisee at our sole discretion.

Franchise Information

In providing the Services, we give prospective franchisees the opportunity to engage with franchisors. We also share information from prospective franchisees with franchisor(s). 

Accuracy of Information

Franzy sources its information from Franchise Disclosure Documents (FDDs), public sources, and directly from Franchise Brands. While we strive to provide accurate and up-to-date information provided by those sources, we do not guarantee the completeness or accuracy of any information on the Site. The information provided on this site is for informational purposes only and does not constitute an offer to sell or the solicitation of an offer to buy a franchise. 

No Offer of Franchise

Any franchise offer made is by Franchise Brand through a Franchise Disclosure Document (FDD) registered in the applicable state. Neither the information on the Site nor the Services constitute the offering of a franchise, whether or not such an offering or solicitation would be deemed or prohibited by law or regulation. Prospective franchisees are advised to review the FDD and consult with legal and financial advisors before making any decision to invest in a franchise opportunity. Franzy does not verify the claims made by Franchise Brands, and prospective franchisees must conduct their own due diligence. Franzy is not responsible for the outcome of engagements between a prospective franchisee and a Franchise Brand.

Consultants and Advisors

Non-Agency

Franzy Franchise Consultants provide advice and support on navigating the Site but do not act as agents of the sale and cannot influence the purchase decision. The Site contains public information that is provided directly by the Franchise Brands.

Intellectual Property

Ownership

All content, features, and functionality on the Site, including text, graphics, logos, images, and software, are the exclusive property of Franzy or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Restrictions

You may not copy, modify, distribute, sell, or lease any part of the Site or its content without Franzy's prior written consent.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER FRANZY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO THE SERVICES. FRANZY DOES NOT MAKE ANY REPRESENTATIONS AND WARRANTIES, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FRANZY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED INDEMNIFICATION OBLIGATIONS, OR OTHER WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, WITH RESPECT TO ANY ASPECT OF THE FRANZY SERVICES OR THE PLATFORM. 

Limitation of Liability

To the fullest extent permitted by law, Franzy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:


  • Your use of or inability to use the Services
  • Any unauthorized access to or use of the Services
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services

Indemnification and Release

You agree to indemnify, defend, and hold harmless Franzy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that arise from (a) your use of or access to the Services generally; (b) any violation of these Terms or the Website Terms of Use by you; (c) any goods or services purchased by you pursuant to the Services; (d) or any claim related your relationship or interactions with Franchise Brands; or (e) any violation of any rights of another or harm you may have caused to another. We will have sole control of the defense of any such damage or claim. 


You are solely responsible for your interactions with the Franchise Brands and other users of the Services. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product or service of a Franchise Brand, any action or inaction by a Franchise Brand, including its failure to comply with applicable law or obligations to you, and any conduct or speech, whether online or offline, of any other party.

Our Rights and Remedies

If you breach these Terms, your legal obligations or any other agreement with us, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of these Terms shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable and you and we agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of the Site and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms.

Governing Law / Dispute Resolution

This Agreement will be construed and enforced under the laws of Delaware, without respect to conflicts of laws principles. 


THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY. Except as provided below, the parties will first attempt to resolve informally any dispute arising out of or relating to this Agreement. If the parties cannot resolve the dispute, it will be submitted to binding arbitration under the then-current rules of the American Arbitration Association. The arbitration will take place in Charlotte, North Carolina. The arbitration will be on an individual basis only and not consolidated with any other proceeding. The decision of the arbitrator(s) will be final and binding on all parties. 


Notwithstanding this Dispute Resolution process, either party may seek injunctive relief in any court of competent jurisdiction on equitable claims for which an adequate remedy at law is not available.


Such equitable claims are not arbitrable nor subject to an arbitrator’s determination of arbitrability. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or the Services shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

Changes to the Terms

Franzy reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have any questions about these Terms, please contact us at support@franzy.com.


By using Franzy.com, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.