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SaaS Subscription Agreement
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SaaS Subscription Agreement Template
This SaaS Subscription Agreement (“Agreement”) is entered into on [Date], by and between:
Provider (Company): [Full Legal Name / Company Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
Customer (Subscriber): [Full Legal Name / Company Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email Address]
Together referred to as the “Parties.”
1. Definitions
Software: The cloud-based platform provided under this Agreement.
Subscription Term: The period during which the Customer has access to the Software.
Users: Individuals authorized by the Customer to access and use the Software.
2. Grant of License
The Provider grants the Customer a limited, non-exclusive, non-transferable right to access and use the Software for business purposes during the Subscription Term.
3. Subscription Term and Renewal
Initial Term: [Start Date] to [End Date].
The Agreement automatically renews for successive [monthly/annual] terms unless either Party provides [X days] written notice of non-renewal.
4. Fees and Payment Terms
Subscription Fee: $[Amount] per [month/year].
Payment due within [X] days of invoice.
Late payments may incur a fee of [Amount or Percentage].
5. Service Levels and Support
The Provider agrees to:
Maintain 99.9% uptime, excluding scheduled maintenance.
Provide customer support via [email, phone, live chat] during business hours.
Address critical issues within [X hours] of notification.
6. Customer Obligations
The Customer agrees to:
Use the Software only for lawful purposes.
Prevent unauthorized access by third parties.
Comply with applicable data protection laws when uploading or managing data.
7. Data Privacy and Security
The Provider shall implement industry-standard security measures to protect Customer data and comply with relevant privacy laws such as GDPR and CCPA.
8. Intellectual Property
All intellectual property rights in the Software remain with the Provider.
The Customer is granted access rights only and may not reverse engineer or copy the Software.
9. Confidentiality
Both Parties agree to keep confidential all proprietary information exchanged during the term of this Agreement.
10. Termination
This Agreement may be terminated if:
Either Party breaches a material term and fails to remedy it within [X days] after written notice.
The Customer fails to pay fees within [X days] of due date.
Either Party provides [X days] written notice prior to renewal.
11. Limitation of Liability
The Provider’s liability shall not exceed the total fees paid by the Customer in the last 12 months. The Provider shall not be liable for indirect or consequential damages.
12. Governing Law
This Agreement shall be governed by and construed under the laws of [State/Country].
13. Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes all prior agreements or communications.
Signatures
Provider Signature: ____________________________ Date: _________
Printed Name & Title: _________________________________________
Customer Signature: ____________________________ Date: _________
Printed Name & Title: _________________________________________
Details
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SaaS Subscription Agreement
SAAS SUBSCRIPTION AGREEMENT FAQ
What is a SaaS Subscription Agreement?
A SaaS Subscription Agreement is a contract between a software provider and a customer granting access to cloud-based software services under defined terms, including usage rights, pricing, and service levels.
Why is a SaaS Subscription Agreement important?
It protects both the provider and the customer by setting clear expectations regarding data security, performance, support, payment obligations, and termination rights, reducing the risk of disputes.
When should you use a SaaS Subscription Agreement?
Use it whenever providing or purchasing access to hosted software, such as CRM systems, project management tools, or accounting platforms.
What should a SaaS Subscription Agreement include?
It should cover subscription details, service levels, user restrictions, intellectual property ownership, payment terms, data privacy obligations, and termination conditions.
Does this agreement address data privacy compliance?
Yes. A strong SaaS agreement includes provisions addressing compliance with data protection regulations such as GDPR, HIPAA, or CCPA, depending on the software’s user base.
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