SaaS start-ups can use the "SaaS Agreement" as the legal contract between the company and its customers, but what exactly is this "SaaS agreement"?
Actually, it's like a Terms & Conditions agreement.
2. Most SaaS apps have a list of legal agreements
including Terms and Conditions (T&C) or Terms
of Service (ToS), Privacy Policy, Disclaimers,
and additional notices.
3. A SaaS agreement is a legal contract between a
developer of the app and user using that SaaS
app.
The SaaS Agreement is a Terms and Conditions
or Terms of Service for SaaS apps.
4. Like the Terms and Conditions or the Terms of
Service, it contains the rules and limitations to
how the SaaS app is accessed and used.
Many SaaS apps have this kind of legal agreement
but still call it a “Terms and Conditions”
or a “Terms of Service”.
6. You just need to be sure the agreement covers
the elements unique to your SaaS app.
7. The SaaS agreement integrates elements of
the Terms and Conditions, Privacy Policy, and
Service Level Agreement (SLA) agreements
covering subjects like:
Warranties
Restrictions
Use
Billing terms
8. Users should accept the SaaS Agreement the
same way they would accept your other legal
agreements: through clickwrap (1).
(1) Link to https://termsfeed.com/blog/browsewrap-clickwrap/
11. Users need to know when the availability
of the SaaS app starts and ends.
This means listing circumstances that
could result in immediate termination of
user accounts or the SaaS app entirely.
15. Payment terms (2) are also important for SaaS Agreements.
These terms are a way to be upfront with users about how
much they need to pay, when, and how.
(2) Link to https://termsfeed.com/blog/payment-terms-terms-conditions/
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18. SaaS companies should pay attention to
license the service and not the software.
Adding language related to the licensing of use in
your agreement will help protect your intellectual
property interests.
21. A Service Level Agreement (SLA) (3) sets out
the specific services provided along with the
rules for using them.
(3) Link to https://termsfeed.com/blog/sla-service-level-agreement/
22. An SLA generally includes:
Information regarding the SaaS software
hosting and the hosting of customer data
Support services
And software maintenance services.
24. Privacy terms can also be included
in the SaaS agreement.
However, if you are doing business in the U.S.,
you need to comply with CalOPPA (4) and
include the name “privacy” in that agreement.
For this reason, your best course is to
contiue providing a separate Privacy Policy.
(4) Link to https://termsfeed.com/blog/caloppa/
25. Include references to your Privacy Policy
in the SaaS Agreement but provide
a separate Privacy Policy agreement.
26. Whether you call the “SaaS Agreement”,
a “Terms and Conditions” or a “Terms of Service”,
legal agreements regarding the use of your SaaS app
are important.
Learn more about SaaS agreements at
https://termsfeed.com/blog/saas-agreement/