Updated January 24, 2023
Software as a service (SaaS) terms and conditions outline a company’s rules regarding the use of its applications and programs. The terms are generally subscription-based and offer a free trial upon a user creating an account. It is recommended that a SaaS website require users agree to its terms through a clickwrap agreement at the time of payment or entering into a free trial.
Can be used for
- Desktop Apps (Windows, Mac)
- Mobile Apps (Android, iOS)
- Website
Are Terms and Conditions Required?
No, although it is highly recommended to have terms and conditions to set the rules and requirements for using the software. In addition, terms and conditions limit the liability of the software developer for any harm or damage caused through its use.
Clauses to Include (11) |
1. Introduction
The introduction paragraph explains to the user the website’s owner and that they agree to be bound by the terms and conditions by accessing the website. If a user does not agree with any portion of the terms and conditions, they can have the option not to access the services.
Agreement to Terms.
This website is owned and operated by [COMPANY NAME] (the “Company”).
Welcome to our website and software as a service known as [ENTER NAME] (the “Service”). We provide the services defined below that we solely own and operate. By accessing our website and services, you agree to be bound by the terms and conditions mentioned herein. If for any reason you do not agree, you may leave or no longer access the website.
2. Service Description
The service should clearly define its features, limitations, and restrictions. If there is an intended user, such as for businesses only or an age restriction, it should be mentioned explicitly in this section.
Our Services.
The Service is a web-based platform providing services related to [TYPE OF SERVICE] to its users. Such services may include, but be limited to the following: [LIST THE SERVICES].
The services provided are permitted to be used by businesses and individuals over the age of 18 years old.
3. Free Trial
A free trial is a period of time during which a user can try a product or service without being charged. This allows the customer to try the service, and if they like it and approve, they can agree to a financial commitment to use it on a continued basis. Depending on the type of free trial, the website may or may not require a credit card to activate.
Generally, a free trial lasts from 7 to 30 days. This gives the user enough time to test the service and its features.
Trial Period.
Our Company offers a free trial for a period of [#] days that allows users full or limited access to the Service and it it’s features. At the end of the free trial period, users will have the option to continue access by use of payment or choose to no longer have access to the Service.
A free trial is limited to one individual or entity. The Company reserves the right to decline or terminate a free trial to any user and for any reason. It is strictly forbidden to create duplicate email accounts for the sole purpose of accessing an additional free trial period.
4. Subscription Basis
The payment terms should include costs for the service, billing cycles, and if any refund policies exist. To unsubscribe or cancel a subscription, there should be instructions on how users can do it themselves or contact details.
Payment Terms.
This Service is available on a subscription basis with plans that are updated accordingly. The Company only accepts electronic payment with the options available upon checkout. The pricing and payments reflect the costs for the Service in its entirety as mentioned and for the period selected. All payments made are non-refundable unless otherwise stated by the Company.
5. User Responsibilities
Defining the user’s responsibilities limits the Company’s liability in the event an account is hacked or not being used in its intended manner. The Company can also add language that limits the website’s usage and prohibits the copying of code or using the services for malicious purposes.
Your Responsibilties.
It is the responsibility of the user to safeguard their account to protect its access from unwanted parties. It is not our liability and the user agrees to hold the Company harmless from any unauthorized activity that occurs on their account. When using the Service and accessing the website, the user agrees to adhere to all local, state, and federal laws.
6. Intellectual Property
Outline the information and property on the website protected under copyright law, such as the software and content. The website holds the right to terminate any account that violates this section if it determines that a user is violating or attempting to manipulate the services provided.
Company’s Property.
The Service and all related intellectual property, including but not limited to the software, trademarks, copyrights, and content are protected under the trademark and copyright laws under the governing law. No property of the Company, whether it be intellectual property or other protected types, is permitted to be used without our express written consent.
7. Security
Often covered by a website’s privacy policy, this section includes a brief explanation of how the company safeguards the data and personal information of the user. Such as mentioning that the website has security measures in place that are in accordance with industry standards.
Data Privacy and Security.
We are committed to providing our Service in an environment that safeguards the personal information and data of its users. To provide such protections, we use industry standard security measures to protect our systems from unauthorized access and breaches of any kind. In the event of any breach or unauthorized access, we will provide notice to any users affected and provide an explanation on how it occurred when such details are understood.
8. Service Availability
If a service or software is only available during certain times of the day and if there is scheduled downtime, it should be mentioned and defined to users. This does not include regularly scheduled downtimes due to maintenance but only if service is not usable during specific periods during the year.
Availability of the Services.
It is in our best interest for users and for our Company to have the Service be available at all times 24 hours per day and 365 days per year. If for any duration that unscheduled outages occur, we will make all efforts and attempts to bring the Service back online and working as intended. Due to common maintenance for the purpose of updating and ugrading systems, we may have scheduled downtimes that do not conflict with the peak hours of our users.
9. Hold Harmless Clause
The intention of any software as a service is to provide on a do-it-yourself basis that significantly reduces the liability of the company. In addition, the terms and conditions should include such a clause to confirm that the company will be held harmless for any claims made against it that may or may not affect the user.
Limitation of Liability.
It is the responsibility of each user for the entirety of their actions on the website and when using the Service. In no event will the Company be liable for damages, losses, or any harm as a result of using the Service. This includes, but is not limited to, any indirect, incidental, or consequential damages.
10. Governing Law
The governing law is the jurisdiction that “governs” any conflicts between a website and its users. Therefore, if the laws in the If a dispute arises between the parties, any legal matters or complaints must be filed in such location.
Jurisdiction.
The website and these terms and conditions are governed by and construed in accordance with the laws located in [STATE/PROVINCE] in the country of [COUNTRY].
11. Changes of Terms
Terms and conditions for a company tend to change based on economic environments. It should mention that the company reserves the right to change its terms and that users will be notified (via e-mail) along with the updates being reflected on the website.
Modification of Terms.
The Company reserves the right to modify, update, and change ts terms and conditions at any time and with or without notice to users. The terms and conditions shown on this webpage are the most current version and supersedes all other versions. A user’s continued use of the website or Services after the terms and conditions are updated shall constitute as acceptance of such changes.