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Software As A Service Agreement

Software As A Service Agreement Template for Germany

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Key Requirements PROMPT example:

Software As A Service Agreement

"I need a Software as a Service Agreement governed by German law for a healthcare data analytics platform, with strong emphasis on GDPR compliance and data security measures, planned to launch in March 2025."

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This Software as a Service Agreement template is designed for use in the German market, complying with German civil law and EU regulations. It is particularly suitable for businesses providing or procuring cloud-based software services, establishing the legal framework for service delivery, data protection, and operational requirements. The agreement addresses crucial aspects required under German law, including strict data protection requirements, specific liability provisions, and standard business terms regulations. It incorporates necessary GDPR compliance measures, technical specifications, and service level commitments while maintaining alignment with German commercial practices and legal precedents. This template is structured to facilitate both B2B and B2C relationships, though it primarily focuses on business-to-business arrangements.
Suggested Sections

1. Parties: Identification of contracting parties with full legal names and addresses

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

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

4. Service Provision: Description of the SaaS service, access rights, and service scope

5. Service Levels: Performance standards, availability commitments, and response times

6. Customer Obligations: Customer responsibilities, acceptable use policy, and access management

7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

8. Data Protection: GDPR and BDSG compliance, data processing terms, and security measures

9. Intellectual Property: IP ownership, licenses, and restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranty and Liability: Service warranties, liability limitations under German law

12. Term and Termination: Contract duration, renewal, and termination rights

13. General Provisions: Standard clauses including notices, assignment, and governing law

Optional Sections

1. Professional Services: Include when additional services like implementation or training are offered

2. Service Credits: Include when offering financial compensation for service level failures

3. Disaster Recovery: Include for critical systems requiring specific recovery commitments

4. Audit Rights: Include when customer requires rights to audit security or compliance

5. Insurance: Include when specific insurance coverage needs to be maintained

6. Export Control: Include when service may involve cross-border data transfers

7. Source Code Escrow: Include when critical customers require business continuity protection

Suggested Schedules

1. Service Description: Detailed technical description of the SaaS service and features

2. Service Level Agreement: Detailed performance metrics, measurement, and remedies

3. Support Services: Support levels, response times, and escalation procedures

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

5. Security Requirements: Technical and organizational security measures

6. Pricing Schedule: Detailed pricing, including tiered pricing if applicable

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

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized User
Business Day
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Documentation
Effective Date
Fees
Force Majeure
GDPR
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Renewal Term
Service Credits
Service Level Agreement
Services
Software
Specifications
Subscription
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Working Hours
Service Provider
Service Availability
Response Time
Resolution Time
Incident
Critical Incident
Permitted Purpose
Security Breach
Service Environment
Acceptance Tests
Go-Live Date
Implementation Services
Integration
API
Authentication
Authorized Representative
Background IP
Disaster Recovery Plan
Good Industry Practice
Hosting Services
License Metrics
Service Modifications
Usage Data
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Processing
Confidentiality
Intellectual Property
License Grant
Access Rights
User Registration
Security Requirements
Service Availability
Support Services
Implementation
Payment Terms
Price Adjustment
Performance Monitoring
Acceptance Testing
Customer Obligations
Provider Obligations
Warranties
Liability Limitation
Force Majeure
Term and Termination
Exit Management
Data Migration
Audit Rights
Documentation
Training
Maintenance
Updates and Upgrades
Third-Party Integration
Subcontracting
Insurance
Assignment
Change Management
Dispute Resolution
Governing Law
Service Credits
Disaster Recovery
Business Continuity
Notice Requirements
Entire Agreement
Severability
Anti-Corruption
Export Control
Data Backup
Service Monitoring
Reporting
Account Management
Usage Restrictions
Competition
Modification Rights
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Energy

Transportation

Real Estate

Media and Entertainment

Insurance

Public Sector

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Sales

Operations

Risk Management

Commercial

Technical Operations

Data Protection

Solution Architecture

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Officer

Data Protection Officer

Commercial Director

Contract Manager

Solutions Architect

Operations Manager

Sales Director

Account Executive

Technical Project Manager

Risk Manager

Compliance Officer

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Provides the fundamental framework for contract law, including formation, performance, breach, and remedies
General Data Protection Regulation (GDPR): EU-wide regulation on data protection and privacy, crucial for any SaaS service handling personal data
Bundesdatenschutzgesetz (BDSG): Federal Data Protection Act - German implementation of GDPR with additional national requirements
Telemediengesetz (TMG): Telemedia Act - Regulates electronic information and communication services
AGB-Recht (§§ 305-310 BGB): Law on General Terms and Conditions - Regulates standard business terms in contracts
Zahlungsdiensteaufsichtsgesetz (ZAG): Payment Services Supervision Act - Relevant if the SaaS involves payment processing
Telekommunikationsgesetz (TKG): Telecommunications Act - Relevant for services provided over telecommunications networks
Gesetz zur Umsetzung der Verbraucherrechterichtlinie: Act implementing the EU Consumer Rights Directive - Important if the service might be offered to consumers
Gesetz gegen den unlauteren Wettbewerb (UWG): Unfair Competition Act - Relevant for marketing and competitive practices
IT-Sicherheitsgesetz: IT Security Law - Sets requirements for IT security measures, particularly important for cloud services
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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