SAAS SUBSCRIPTION AGREEMENT
THIS SAAS SUBSCRIPTION AGREEMENT ("Agreement") is made on [Date], BETWEEN: [Provider Name], a [State] corporation, of [Provider Address] ("Provider") AND [Customer Name], a [State] corporation, of [Customer Address] ("Customer").
1. SERVICE DESCRIPTION
1.1 Provider will provide Customer access to [Software Name], a cloud-based software application.
1.2 Service Features: [List of included features and functionality]
1.3 Service Limitations: [User limits, storage limits, transaction limits]
2. SUBSCRIPTION TERMS
2.1 Subscription Plan: [Plan Name] for $[Amount] per [Period]
2.2 Users: Up to [Number] authorized users
2.3 Term: [Duration] commencing [Start Date] with automatic renewal
3. SERVICE LEVEL AGREEMENT
3.1 Uptime: Provider guarantees [Percentage]% uptime excluding scheduled maintenance.
3.2 Support: Technical support available [Hours] via [Channels].
3.3 Response Times: [Critical/High/Medium/Low priority response times]
4. DATA AND SECURITY
4.1 Customer Data: Customer retains ownership of all data uploaded to the Service.
4.2 Data Security: Provider maintains industry-standard security measures.
4.3 Data Backup: Provider performs regular backups with [Recovery Time Objective].
4.4 Data Export: Customer may export data in [Formats] upon request.
5. PAYMENT TERMS
5.1 Payment Method: [Credit card, ACH, wire transfer, invoice]
5.2 Billing Cycle: [Monthly/Annual] in advance
5.3 Late Fees: [Percentage]% per month on overdue amounts
6. USAGE RESTRICTIONS
6.1 Customer shall not reverse engineer, decompile, or attempt to access source code.
6.2 Prohibited Uses: Illegal activities, spam, malware distribution, excessive resource consumption.
6.3 Compliance: Customer must comply with all applicable laws and regulations.
7. INTELLECTUAL PROPERTY
7.1 Provider retains all rights to the Service software and technology.
7.2 License: Customer receives limited, non-exclusive license to use the Service.
7.3 Feedback: Any suggestions or feedback provided to Provider may be used without compensation.
8. LIMITATION OF LIABILITY
8.1 Provider's liability is limited to amounts paid by Customer in the preceding 12 months.
8.2 Excluded Damages: No liability for indirect, incidental, or consequential damages.
8.3 Data Loss: Provider not liable for data loss except where caused by gross negligence.
9. TERMINATION
9.1 Either party may terminate with [Notice Period] written notice.
9.2 Immediate Termination: For material breach not cured within [Days] days.
9.3 Effect of Termination: Service access terminates, data may be deleted after [Period].
10. GOVERNING LAW
This Agreement shall be governed by the laws of [State/Jurisdiction].
DISCLAIMER
This template should be reviewed by technology counsel and customized for specific software features and compliance requirements.
SIGNATURES
PROVIDER:
_________________________ Date: __________ [Name], [Title]
CUSTOMER:
_________________________ Date: __________ [Name], [Title]
