Guide to Drafting SaaS Agreements (2026 Template Included)

There are many different types of SaaS agreement. SaaS agreements vary depending on the scale of the business and the nature of the service. Here are some examples of common SaaS agreements.

SaaS Agreements Examples

(1) Basic SaaS Agreement for Small Businesses 

• It tends to be simpler, with terms that cover basic service access, pricing, and support.
• Small businesses may not require extensive service level agreements (SLAs) or complex data management provisions, making these agreements more straightforward.

‍(2) Enterprise SaaS Agreements 

• More complex, often involving multiple departments or global operations. 
• These agreements typically include detailed SLAs, more robust data management clauses, and specific custom features tailored to the needs of large organizations.

‍(3) Free Trial Agreements 

• Govern the terms under which a customer can try the software before committing to a paid subscription. 
• The agreement usually defines the duration of the trial, access limitations, and what happens when the trial ends, including how the customer can transition to a paid plan.

(4) Reseller SaaS Agreement 

• Allows third parties to resell the SaaS service to end users. 
• These agreements typically include terms about pricing, support, and the reseller’s responsibilities in terms of marketing and customer service.
• SaaS vendors expand their reach, and resellers get to offer more solutions to their customers.

SaaS Agreement Template 2026

Creating a SaaS agreement template from scratch can be time-consuming and challenging. Using a template can ensure consistency and legal protection, helping businesses quickly draft agreements that cover all essential legal aspects. Below is a template you may use:

Last Updated: [Date]

This Software as a Service (SaaS) Agreement (“Agreement”) is entered into on [Effective Date] by and between:

[Vendor Name], a [State/Country] corporation with its principal office at [Address] (“Vendor”); and [Customer Name], a [State/Country] corporation with its principal office at [Address] (“Customer”).

1. Purpose

The purpose of this Agreement is to outline the terms and conditions under which the Provider will offer access to the software product described below to the Customer.

2. Definitions

For the purposes of this Agreement:

“Software” refers to the software application provided by the Provider and hosted on the Provider’s servers, which the Customer may access via the internet.

“Subscription” refers to the Customer’s right to access and use the Software for a specified period, typically [monthly/annually], as outlined in the Payment Terms below.

3. Scope of Service

The Provider agrees to provide the Customer with access to the following Software: [Software Name].

The Software will be made available to the Customer via the internet on a cloud-based platform hosted by the Provider.

The Provider will ensure that the Software is accessible [99.9%] of the time, excluding scheduled maintenance or downtime due to unforeseen technical issues.

4. Subscription and Payment Terms

Subscription Fee: The Customer agrees to pay a subscription fee of [Subscription Fee Amount] per [month/year] for access to the Software.

Payment Method: Payments will be made via [Payment Method, e.g., credit card, bank transfer].

Billing Cycle: Payments will be invoiced [monthly/annually] in advance and are due by [due date].

Late Payment: Any payments not received by the due date will incur a [Late Fee Percentage] late fee.

Renewal: This Agreement will automatically renew for subsequent [monthly/annual] periods unless either party provides written notice of termination at least [Notice Period] days before the renewal date.

5. Data Privacy and Security

The Provider agrees to comply with applicable data protection laws, including [Data Protection Law, e.g., GDPR, CCPA].

The Provider will take reasonable measures to protect the Customer’s data and prevent unauthorized access.

‍The Customer acknowledges that they own their data, and the Provider will only use it for the purposes described in this Agreement.

6. Intellectual Property

The Provider retains ownership of all intellectual property rights related to the Software.

The Customer is granted a limited, non-transferable, non-exclusive license to use the Software during the term of this Agreement.

The Customer may not modify, reverse engineer, or sublicense the Software.

7. Support and Maintenance

The Provider will provide technical support during normal business hours via [Support Method, e.g., email, phone, live chat].

The Provider will also perform necessary updates and maintenance to ensure the Software functions correctly. Scheduled downtime will be communicated to the Customer in advance.

8. Limitation of Liability

The Provider’s liability under this Agreement will be limited to the total amount paid by the Customer for the Software in the [12-month] period preceding the event causing the claim.

The Provider will not be liable for any indirect, incidental, or consequential damages, including loss of profit, arising from the use of the Software.

9. Termination

Either party may terminate this Agreement by providing [Notice Period] days’ written notice to the other party.

Upon termination, the Customer’s access to the Software will be revoked, and the Customer agrees to remove any copies of the Software from their systems.

The Customer may request the return of their data, which the Provider will provide in a standard format within [Data Return Period] days of termination.

10. Miscellaneous

Governing Law: This Agreement will be governed by and construed in accordance with the laws of [Jurisdiction].

‍Dispute Resolution: Any disputes under this Agreement will be resolved through [arbitration/mediation] in [Location].

Force Majeure: Neither party will be held liable for failure to perform due to circumstances beyond their control, such as natural disasters or governmental actions.

IN WITNESS WHEREOF, the parties have executed this SaaS Agreement as of the Effective Date.

‍

[Provider Name]

By: ___________________________

Name: [Your Name]

Title: [Your Job Title]

Date: _________________________

‍

[Customer Name]

By: ___________________________

Name: [Customer Representative Name]

Title: [Customer Representative Job Title]

Date: _________________________

Need Help Drafting Your SaaS Agreement?

Imagine: A mid-sized logistics company (ABC) recently received a SaaS vendor’s contract for access to their contract management platform. Understanding the meaning of a SaaS agreement and the potential risks hidden in standard vendor templates, ABC turned to DocLegal.ai to ensure the terms were fair and didn’t expose them to unnecessary risk.

(1) With DocLegal.ai's contract review feature, the company easily uploaded the vendor’s SaaS contract to the system. The AI chatbot reviewed the contract and within minutes it highlighted the high risk provisions in the contract.

For instance:

• Limitation of Liability: The SAAS vendor limited their liability to a maximum of $5,000 regardless of damages even if a platform failure caused significant business disruption or data loss.

• One-sided Indemnity Clause: The contract had a unilateral indemnity provision requiring the customer to indemnify the vendor only.

(2) DocLegal.ai also offered smart recommendations to revise the language. By using it's ‘revise clause’ feature, ABC was able to:

• Increase the liability cap

• Add specific protections for data loss and business interruption.

• Make the indemnity clause mutual rather than one-sided.

All of this was done within minutes. Using Doclegal.ai, ABC company avoided signing a one-sided contract without hiring expensive outside counsel or spending weeks negotiating.

To learn more about how DocLegal.ai simplifies the review and negotiation of SaaS agreements, visit DocLegal.ai. Get started with DocLegal.AI today and streamline your legal document creation process!