Software as a Service (SaaS) Agreement

Provider: [Company Name] · Customer: [Company Name] · Date: [Date]

1. Access

Provider grants Customer a non-exclusive, non-transferable right to access and use [Software Name] during the Term, for Customer's internal business purposes.

2. Fees

[Subscription fee of [Amount] per [month/year], per [user/seat basis], invoiced [Frequency]. Fees may increase upon renewal with [Notice Period] notice.]

3. Service Level Commitment

Provider will use commercially reasonable efforts to maintain [%] uptime, measured [Monthly/Annually], excluding scheduled maintenance. [Reference remedies for failure to meet the SLA, e.g. service credits.]

4. Customer Data

Customer retains ownership of all data it inputs into the Software ("Customer Data"). Provider will not access Customer Data except to provide the service or as authorized by Customer, and will implement reasonable security measures to protect it.

5. Data Portability and Deletion

Upon termination, Provider will make Customer Data available for export for [Period], after which it will be deleted per Provider's data retention policy.

6. Intellectual Property

Provider retains all rights to the Software itself; this Agreement grants only the access rights described in Section 1.

7. Warranty Disclaimer and Limitation of Liability

[Standard SaaS disclaimer of implied warranties, and cap on liability, typically limited to fees paid in the preceding 12 months.]

8. Term and Termination

This Agreement runs [Term, auto-renewing unless cancelled with [Notice Period] notice] and may be terminated for material breach not cured within [Cure Period].

Provider: ______________________ Date: ____________ Customer: ______________________ Date: ____________

*This document is provided for informational and educational purposes only and does not constitute legal advice. Data portability (Section 5) deserves real attention before signing — a SaaS vendor that makes it difficult or costly to export your own data at the end of the relationship can effectively lock you into paying for continued access just to retrieve your own information.*