User agreement SaaS (EN)

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What is it?

With a user agreement for SaaS, you can specify what the conditions are under which a customer will be able to make use of your software. SaaS is short for Software-as-a-Service, which means that the software is offered to the customer through the use of her web browser. In other words: the software is not downloaded and installed on the computer of the customer, she only pays for the use of it.

Why do I need it?

In this agreement you can specific:

• the price;
• the functioning of the software;
• what type of license is given to the user;
• maintenance of the software;
• the procedure in case of a malfunction;
• the rights of the user;
• the obligations resting on the user;
• in which way the data of the user is being used;
• liability.

Other designations

• Terms of use
• Software agreement
• Software as a service agreement
• SaaS-contract

Important tips

Check your agreement.

Because there are a lot of different types of SaaS applications, a lot of variables have been included in this agreement. In this way, you can make the agreement suitable to your personal situation.

Nonetheless, it is still possible that you think something is lacking. That is why you should always carefully check such a specific agreement. Do you want to add a specific clause? Do not hesitate to contact us.

 

If desired, you can also conclude a Service Level Agreement or general conditions for your SaaS.

These you can also declare applicable to this agreement. With a Service Level Agreement (SLA) you can agree on the applicability of the software, its maintenance and the procedure in case of a malfunction. The general terms and conditions give a detailed description of what the rights and obligations of the contracting parties are. Beware: do you conclude a separate agreement with every user? Then these terms and conditions are all but necessary. It can however render your user agreements a lot shorter. This is because a lot of the clauses that have been included in the general terms and conditions do not have to be included.

By means of SaaS, a lot of times personal data is stored and processed. In that case you will also need a privacy policy and a data processing agreement.

Personal data includes for example names- and address details. Do you collect any personal data? Then you are under a legal obligation to also draft a Privacy Policy. Do your clients also use your software to store the data of end-consumers? Then you are also obligated to conclude a data processing agreement. Beware: These are two separate agreements that cannot be included in your user agreement.

Legal explanation

A SaaS agreement is a normal contractual agreement. There is no special IT law in the Netherlands. But in legal practice a lot of concepts have been developed in order to perfectly cover IT applications. SaaS agreements often combine elements of hosting, licensing, intellectual property, data protection and general conditions.