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Software and data

SaaS agreement template

SaaS agreement: A SaaS agreement sets the terms for using cloud software on a subscription: access rights, fees, uptime, data protection, security and renewal.

Last reviewed 6 November 2026 · 7 clauses · General guidance, not legal advice

Upload yours for a review and e-signature, or save it as a team template.

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When to use a saaS agreement

  • Selling software subscriptions to businesses
  • Enterprise customers asking for negotiated terms
  • Replacing click-through terms with a signed contract

SaaS agreement template: clause-by-clause outline

Sample starting wording for each clause. Replace the text in [brackets] with your details.

  1. Subscription

    The Provider grants the Customer a non-exclusive right for its authorised users to access the Service during the Subscription Term.

  2. Fees

    The Customer will pay the subscription fees in the Order Form annually in advance.

  3. Customer data

    The Customer owns its data. The Provider processes it only to provide the Service and under the data processing agreement.

  4. Security

    The Provider will maintain the security measures described in its security documentation.

  5. Service levels

    The Service will be available [99.9]% of each month, as set out in the SLA.

  6. Acceptable use

    The Customer will not misuse the Service, reverse engineer it or use it to break the law.

  7. Renewal

    Subscriptions renew for successive [12]-month terms unless either party gives [60] days’ notice.

What to check before you sign

  • Can you export your data at the end?
  • Is there a cap on price increases at renewal?
  • Does the liability cap carve out data breaches?

How to send a saaS agreement for e-signature

  1. Draft or upload it. Use the outline above with your own wording, upload an existing document, or save it as your organisation’s template.
  2. Check it against your playbook. Points outside your positions are flagged, and approval rules route it to Legal when needed.
  3. Send it by email. Signers get a plain-language review and a secure link, sign on any device in the order you set, and can suggest changes as tracked changes.
  4. Keep the signed PDF. Everyone receives it with a certificate of completion, and key dates go to Upcoming with reminders.

SaaS agreement template: frequently asked questions

What is the difference between a SaaS agreement and a software licence?

SaaS gives access to software hosted by the provider; a software licence lets you install and run it yourself.

Should a SaaS agreement include a DPA?

Yes, whenever the provider processes personal data for the customer.

Is an electronically signed saaS agreement legally binding?

In most countries, yes. E-signatures are recognised for commercial contracts under laws such as the ESIGN Act (US), eIDAS (EU), the Electronic Communications Act (UK) and the Information Technology Act (India). econtracts.ai adds a certificate of completion with each signer’s identity check and a fingerprint of the signed content.

Can I get a saaS agreement I received reviewed?

Yes. Upload it to econtracts.ai and you get a plain-language review: key dates, money and points to check, each quoting the clause it comes from.

Related contract templates

Service level agreement templateService level agreement (SLA)Data processing agreement templateData processing agreement (DPA)Software license agreement templateSoftware licence agreement

This outline is a starting point for discussion, not legal advice, and it is not a complete contract. Laws differ by country and sector; have a qualified lawyer review contracts that matter.