Roberts Law is happy to help our company clients draft their customer-facing agreements. One such agreement is a Subscription as a Service agreement (also known as a SaaS agreement). SaaS agreements are contractual agreements between providers and customers that outline the terms and conditions for the provisioning of software, services, or content on a recurring, subscription basis. In a SaaS business model, instead of purchasing software or services outright, customers pay a recurring fee to obtain and use the offerings for a specified period of time (term of the agreement).
Subscription as a Service agreements will typically define the scope of services, including features, functionalities, and support levels (service-level agreement or SLA) to be provided. Subscription as a Service agreements should outline the terms of payment, such as the recurring fee, billing cycle, and payment methods. Moreover, given the current privacy climate, it is important for the agreement to include provisions for data privacy and security in addition to more standardized sections governing intellectual property, confidentiality, limitations of liability, dispute resolution, term, and termination.
Subscription as a Service agreements set forth the rights and responsibilities of both the provider and customer and clarify the permitted use of software or services, including any usage restrictions and applicable policies. Subscription as a Service agreements should establish a clear understanding between the provider and its customers regarding the services being provided, the associated costs, and the terms governing the relationship.
Both providers and customers should carefully review the terms of a Subscription as a Service agreement to ensure they align with their specific requirements and expectations.
Whether your company is just getting started or needs to evaluate whether your current SaaS agreement conforms to the way your business is set up and how your software or services are used, Roberts Law can help.
Authored by Josh Roberts
Email: josh@joshrobertslaw.com
Author: Josh Roberts
Josh Roberts is a business and litigation attorney at Roberts Law, PLLC with over a decade of BigLaw and in-house experience assisting business and business owners to navigate contracts, privacy concerns, negotiations, and dispute resolution.
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