Service Use Agreement Template for Germany

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Key Requirements PROMPT example:

Service Use Agreement

"I need a Service Use Agreement for my cloud-based software platform that will be used by German enterprise customers starting March 2025, with specific focus on data protection, service level commitments, and integration with third-party services."

Document background

The Service Use Agreement is a fundamental legal document used in the German market to establish the contractual relationship between service providers and their users. It is particularly relevant in today's digital economy where services are increasingly provided through online platforms, software applications, and professional service arrangements. This document type is essential for businesses operating in Germany, as it must comply with specific requirements under German law, including the Civil Code (BGB), data protection regulations (DSGVO), and strict rules regarding standard terms and conditions (AGB-Recht). The agreement typically covers service specifications, usage rights, data protection measures, liability provisions, and termination procedures, while ensuring transparency and fairness as required by German law. It's commonly used by technology companies, professional service providers, and digital platforms to establish clear parameters for service delivery and usage.

Suggested Sections

1. Parties: Identification of the service provider and user, including full legal names and addresses

2. Background: Context of the agreement and brief description of the service being provided

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the services provided, including scope and limitations

5. User Rights and Obligations: Specific rights granted to users and their obligations when using the service

6. Service Provider Rights and Obligations: Provider's commitments, service levels, and maintenance obligations

7. Terms of Use: Specific conditions and restrictions for using the service

8. Data Protection and Privacy: GDPR-compliant provisions regarding data collection, processing, and protection

9. Intellectual Property Rights: Ownership and usage rights of intellectual property related to the service

10. Payment Terms: Pricing, payment conditions, and billing procedures

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Liability and Warranties: Limitations of liability and warranty provisions compliant with German law

13. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

15. Miscellaneous: Standard closing provisions including severability and entire agreement clauses

Optional Sections

1. Service Level Agreement: Detailed service performance metrics and guarantees, required for enterprise or mission-critical services

2. Technical Requirements: Specific technical requirements for using the service, necessary for complex technical services

3. User Support: Details of support services and response times, important for services with significant user interaction

4. Compliance Requirements: Industry-specific compliance obligations, necessary for regulated industries

5. Subcontractors: Provisions regarding the use of subcontractors, important when service delivery involves third parties

6. Insurance: Insurance requirements and coverage details, relevant for high-risk services

7. Data Migration: Terms for data transfer and migration, important for data-intensive services

8. Marketing and References: Terms for using customer references and marketing, relevant for B2B services

Suggested Schedules

1. Service Specification: Detailed technical specifications and features of the service

2. Pricing Schedule: Detailed pricing structure, including any tiered pricing or special rates

3. Service Level Metrics: Specific performance metrics, measurement methods, and remedies

4. Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Security Requirements: Detailed security protocols and requirements

6. Support Services Description: Detailed description of support services, including response times and escalation procedures

7. Acceptable Use Policy: Detailed rules and restrictions for service usage

8. Emergency Contact Information: List of emergency contacts and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Software Development

Cloud Computing

Professional Services

E-commerce

Digital Media

Telecommunications

Financial Services

Healthcare Technology

Educational Technology

Industrial Services

Consulting Services

Online Platforms

Software as a Service

Manufacturing

Relevant Teams

Legal

Compliance

Product Management

Operations

Customer Success

Sales

Information Technology

Risk Management

Data Protection

Commercial

Business Development

Service Delivery

Vendor Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Service Delivery Manager

Product Manager

Chief Technology Officer

Chief Legal Officer

Business Development Manager

Operations Manager

Risk Manager

Data Protection Officer

Commercial Director

Head of Customer Success

IT Manager

Sales Director

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Authors

Alex Denne

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