SaaS Terms & Conditions is a fundamental legal document for any company offering Software as a Service. This document regulates the relationship between the service provider and the user (whether an individual or a business). Unlike a traditional license where the user buys a copy of the software, in the SaaS model, the user gains temporary access to a cloud service based on a subscription. This specificity requires a unique legal approach covering not only intellectual property rights but also data security, service availability guarantees (SLA), and limitations of liability.
For IT companies operating in Georgia, whether locally or internationally, having robust Terms & Conditions is critically important. This document protects the business from unforeseen risks, regulates payments, and defines the rules of play on the platform. Incorrectly drafted or copied terms can lead to serious disputes, fines, and even loss of intellectual property. Legal.ge offers access to tech law experts who will develop a SaaS agreement tailored to your business model.
What does the SaaS Terms & Conditions Service cover?
Our specialists provide comprehensive legal documentation covering:
- License Grant and Restrictions: Defining what rights the user gets when using the platform and what is prohibited (e.g., reverse engineering, account sharing).
- Payment Terms and Subscription: Detailed policies on subscription fees, auto-renewals, price changes, and refunds.
- Data Protection and GDPR: Rules for processing user data, confidentiality, and compliance with both Georgian legislation and European regulations.
- Limitation of Liability: Capping the company's liability in case of service interruptions, data loss, or other technical glitches.
- Intellectual Property: Stating that the platform and its code belong to the provider, while User Generated Content belongs to the user.
- Termination Conditions: Under what circumstances the provider can block a user (e.g., violation of terms, non-payment).
Common Real-World Scenarios
Problems solved by a well-drafted SaaS agreement:
- Service Downtime: A user demands compensation because the platform was down for 2 hours. The agreement must limit such liability or provide specific compensation (SLA).
- Non-payment: A client stopped paying but demands data retention. The document regulates when data is deleted upon non-payment.
- Misuse: A user utilizes the platform for spamming or illegal purposes. The company needs a legal basis for immediate blocking.
- Price Increase: The company wants to increase subscription fees for existing clients. The mechanism for this must be outlined in advance.
Legal Framework: E-Commerce
SaaS agreements are regulated by the Civil Code of Georgia (standard terms), the Law on E-Commerce, and the Law on Consumer Rights Protection (if the client is an individual). In B2C relationships, it is particularly important that terms are not "unfair" and that the consumer has clear information on withdrawal rights. In B2B cases, parties have more freedom of contract.
Step-by-Step Service Process
- Business Analysis: Studying platform functionality, target audience, and risks.
- Drafting: Creating individual terms and conditions.
- Integration: Advice on placing the document on the website (Clickwrap vs Browsewrap) to ensure legal validity.
- Updates: Periodic review of the document alongside product changes.
Why choose a specialist on Legal.ge?
Template Terms & Conditions cannot protect your unique SaaS product. Lawyers on Legal.ge speak the language of technology and understand the specifics of digital business. We will help you create a legal environment that supports your startup's growth and protects it from legal attacks.
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