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Terms Of Use EULA

Terms Of Use EULA Template for Germany

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Key Requirements PROMPT example:

Terms Of Use EULA

"I need a Terms of Use EULA for a B2B SaaS platform launching in March 2025, which will process customer data and integrate with third-party payment providers, to be compliant with German law and GDPR."

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Document background
The Terms of Use EULA is a fundamental legal document required for any software or digital service deployment in the German market. This agreement serves as the primary contract between software providers and end users, establishing the legal framework for software usage, distribution, and licensing. It must comply with strict German legal requirements, including the German Civil Code (BGB), particularly sections 305-310 regarding standard terms and conditions, the Telemedia Act (TMG), and EU regulations such as GDPR. The document is essential for protecting intellectual property rights, limiting liability, and ensuring clear understanding of user rights and obligations. It should be drafted with particular attention to German consumer protection laws, which tend to be more stringent than in many other jurisdictions.
Suggested Sections

1. Parties: Identification of the service provider/licensor with full legal details as required by TMG (§5)

2. Background: Brief context about the software/service and purpose of these terms

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Software', 'Service', 'User', 'License' etc.

4. Scope of Application: Clear description of what services/products are covered by these terms

5. License Grant: Specific terms of the license, including scope, restrictions, and usage rights

6. User Obligations: User responsibilities, acceptable use policy, and restrictions

7. Intellectual Property Rights: Clear statement of IP ownership and protection measures

8. Data Protection and Privacy: GDPR-compliant privacy terms and data processing information

9. Warranty and Liability: Warranty disclaimers and liability limitations (in compliance with German law)

10. Term and Termination: Duration of agreement, termination rights and processes

11. Final Provisions: Governing law, jurisdiction, severability clause, and entire agreement provision

Optional Sections

1. Payment Terms: Include when software/service is not free, detailing pricing, payment methods, and billing cycles

2. Service Level Agreement: Include for cloud-based software or services with specific performance commitments

3. Update and Maintenance: Include when regular updates or maintenance services are provided

4. Third-Party Content: Include when the software integrates third-party services or content

5. Export Control: Include when software is subject to export restrictions

6. Beta Testing: Include for pre-release or beta versions of software

7. Enterprise User Provisions: Include for business/enterprise versions with specific organizational requirements

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy policy as required by German law

2. Acceptable Use Policy: Detailed guidelines for acceptable use of the software/service

3. Technical Requirements: Specific technical requirements and compatibility information

4. Service Level Metrics: Detailed service level commitments and metrics (for SaaS products)

5. Processing Agreement: Data Processing Agreement as required by GDPR Article 28 when processing personal data

6. Security Measures: Description of technical and organizational security measures implemented

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
Confidential Information
Content
Documentation
Effective Date
End User
Fees
Intellectual Property Rights
License
Licensed Software
Personal Data
Privacy Policy
Products
Services
Software
Specifications
Subscription Period
System Requirements
Term
Territory
Third-Party Software
Updates
User Account
User Data
Usage Data
API
Access Credentials
Authorized Devices
Beta Features
Commercial Use
Consumer
Customer
Data Controller
Data Processor
Data Protection Laws
Force Majeure
Intellectual Property
License Key
Maintenance Services
Non-Commercial Use
Open Source Software
Platform
Provider
Security Incident
Service Level Agreement
Source Code
Support Services
Technical Data
Terms of Use
User Interface
Working Day
Clauses
License Grant
Intellectual Property
Usage Rights
Usage Restrictions
Access Rights
Payment Terms
Data Protection
Privacy
Confidentiality
User Obligations
Provider Obligations
Warranty
Liability Limitation
Indemnification
Term and Termination
Technical Requirements
Service Availability
Maintenance and Support
Updates and Upgrades
Security Measures
Force Majeure
Assignment
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Notice
Export Control
Third-Party Rights
Acceptable Use
Account Management
Service Level
Compliance with Laws
Audit Rights
Relevant Industries

Software Development

Information Technology

E-commerce

Digital Services

Cloud Computing

Mobile Applications

Enterprise Software

Gaming

FinTech

Healthcare Technology

Educational Technology

Internet of Things

Artificial Intelligence

SaaS (Software as a Service)

Digital Media

Relevant Teams

Legal

Compliance

Product Development

Information Technology

Software Development

Risk Management

Customer Success

Technical Support

Sales

Business Development

Data Protection

Information Security

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Compliance Officer

IT Director

Chief Technology Officer

Chief Legal Officer

Privacy Officer

Software License Manager

Business Development Manager

Contract Administrator

Risk Manager

General Counsel

Software Architecture Lead

Digital Products Manager

Industries
BGB (Bürgerliches Gesetzbuch): German Civil Code - fundamental law governing contractual relationships, contract formation, and general terms and conditions (§§ 305-310 BGB specifically addresses standard contract terms)
GDPR (General Data Protection Regulation): EU regulation governing personal data protection and privacy, mandatory for any service collecting or processing EU citizens' data
TMG (Telemediengesetz): German Telemedia Act - regulates electronic information and communication services, including website operator obligations and liability
UrhG (Urheberrechtsgesetz): German Copyright Act - crucial for software licensing and protecting intellectual property rights in digital content
UWG (Gesetz gegen den unlauteren Wettbewerb): German Unfair Competition Act - ensures fair commercial practices and protects against misleading business practices
VERbrStrG (Verbraucherstreitbeilegungsgesetz): Consumer Dispute Resolution Act - regulations regarding alternative dispute resolution for consumer contracts
EU Consumer Rights Directive: Directive 2011/83/EU implemented in German law, covering distance contracts and digital content
Digital Content Directive: Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services
German Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates how prices must be displayed and disclosed to consumers
BDSG (Bundesdatenschutzgesetz): German Federal Data Protection Act - supplements and specifies GDPR requirements in German context
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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