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Drafting an End User License Agreement (EULA)

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SME Lawyers

Do not hastily put this document together yourself — a false sense of security is harmful.
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Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
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An incorrect document often provides a false sense of security.
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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
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  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
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from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Rayane

I am extremely pleased with the quick and adequate initial response. It is great that complex legal theories were explained with simple practical examples. These documents will undoubtedly save us a lot of headaches in the future.

Yasmina

The energetic and positive attitude of the employees was immediately noticeable. The sharp review of the lease agreement protected us from unfavorable clauses. Our business partners were impressed by the professionalism of the contracts.

Mila

Communication was direct and efficient, exactly what we were looking for. They provided a watertight confidentiality agreement that perfectly suited our innovations. The end result aligns 100% with our high standards.

Nora

It was a relief to be helped so quickly. We received excellent advice regarding the division of intellectual property rights. The service was professional and personal.

Bjorn

The nuances of our business operations were listened to carefully. They immediately recognized where the sensitivities lay within our collaboration. Our business partners were impressed by the professionalism of the contracts.

Nienke

It was a relief to speak with lawyers who speak our language. Their input regarding the termination clauses saved us from future problems. The service was professional and personal.

Ayoub

From day one, there was open and honest communication. We received not only a document but also a corresponding manual for its use. Fantastic value for money for this level of expertise.

Hugo

The document aligned well with our requirements. It was essentially ready for use after the first round of corrections. Fantastic value for money for this level of expertise.

Farid

The promise of a quick start-up was absolutely fulfilled. The concept was clear and practically applicable. Everything was delivered neatly and on time.

Zakaria

We came in with a vague idea, but were immediately presented with concrete steps. We received valuable tips on how to present the documents to our clients in practice. The quality fully met our expectations.

Ali

Good service and a clear working method. Ample time was taken to discuss the various options and their implications. Fantastic value for money for this level of expertise.

Aya

Communication was direct and efficient, exactly what we were looking for. The language in the contract was modern and clear, without archaic terms. The quality fully met our expectations.

Hassan

Our assignment was accepted with great enthusiasm and professionalism. The expertise in the field of privacy and GDPR was clearly evident and up-to-date. Our business partners were impressed by the professionalism of the contracts.

Hans

We were immediately assigned a dedicated contact person, which worked very well. The corrections were always implemented lightning-fast in the new version. A company that delivers on what it promises on the website.

Monique

The communication was smooth and professional. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. Fantastic value for money for this level of expertise.

Latifa

Professionalism was evident from the very first moment. Our industry was taken into account. The service was professional and personal.

Jesse

We came in with a vague idea, but were immediately presented with concrete steps. The document was legally well-substantiated. The final result aligns 100% with our high standards.

Luca

The clear structure of the process was well communicated in advance. The service felt personal and reliable. Our clients respond positively to the clear general terms and conditions.

Nisrine

We received excellent assistance with our legal questions. The lawyer really took the time to understand our specific SaaS solution before starting to write. The service was professional and personal.

Said

The start of the process immediately made a professional impression. We received a clear document without unnecessary complexity. A party that delivers on what it promises on its website.

Michiel

Good service and a clear working method. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. The document was accepted flawlessly by our investors.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
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  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of your EULA is determined by a few fundamental choices regarding your product and business model. Answer the questions below before having the agreement drafted, so that the license aligns precisely with your situation.

Choice or question Why this matters legally
Do you provide software as a one-off or as a subscription (SaaS)? A one-time license requires different terms and conditions than a continuous right of use with updates and payment per period.
Is the user allowed to use the software on one or more devices? Determines the scope of the license: per user, per device, or per organization.
Are personal data being processed? If so, the EULA must align with your privacy statement and possibly with a data processing agreement under the GDPR.
Do you target consumers or business users? Mandatory protection rules apply to consumers; some restrictions can therefore be implemented less extensively.
Would you like to commit to maintenance, support, or updates? Determines whether you include service levels and which obligations you assume.
Clauses and provisions

Which components belong in an End User License Agreement EULA?

An EULA consists of a fixed number of core components. Below, you will see which clauses belong in a good license agreement, when they are relevant, and what they regulate. Exactly which components you include depends on your product and form of use.

Provision Relevant to Legal point of attention
Granting of the right of use Always Describes the license: non-exclusive, non-transferable, and the permitted use.
Restrictions and prohibited use Always Prohibits reverse engineering, copying, resale, and use outside the license.
Intellectual property Always Stipulates that all rights remain with you; the user receives only a right of use.
Duration, suspension and termination Always Regulates the term, cancellation, and when you may revoke the license in case of misuse.
Liability and warranties Always Limits your liability and provides software 'as is' where permitted.
Updates, maintenance and support For continuous service Determines whether and how you provide updates and what the user may expect from them.
Processing of personal data When processing personal data Refers to privacy statement or data processing agreement in accordance with the GDPR.
Applicable law and disputes Always Selects Dutch law and the competent court in the event of conflicts.
Use in practice

How do you use this document correctly?

An EULA is only effective if the user demonstrably agrees to it before using the software. The steps below help you implement the agreement legally correctly.

Situation What should you do? Point of attention
Before installation or first use View the EULA and request active consent (click or check). The EULA does not apply without demonstrable consent.
Upon registration or download Save the moment and the version the user agreed to. You can then prove later which conditions applied.
In the event of a change to the terms and conditions Inform users and ask for renewed approval of the new version. Unilateral changes are otherwise difficult to enforce.
In case of detected abuse Rely on the limitations and grounds for termination in the EULA. A clearly defined legal basis makes enforcement possible.
Common mistakes

Common mistakes

When drafting and using an EULA, things often go wrong at the same points. Below are the most common mistakes, their consequences, and how to avoid them.

Wrong Consequence Better approach
Copying a standard foreign EULA Provisions do not align with Dutch law and are partially void. Have a custom EULA drafted under Dutch law.
Do not ask for demonstrable consent The terms and conditions do not apply to the user. Use a mandatory consent moment before use and document this.
Allow unlimited liability You are liable for damages that you could have excluded. Include an workable limitation of liability.
Do not arrange privacy Violation of the GDPR and risk of fines and claims. Refer to a privacy statement and arrange a data processing agreement where necessary.
Ignoring consumer rules Unreasonably burdensome clauses are voidable. Tailor the terms and conditions to your target audience and take consumer protection into account.
Risk profile

What is your situation and what do you pay attention to?

Not every software vendor requires the same EULA. If you recognize your situation below, you will immediately see what you need to pay extra attention to.

Risk profile Example Focus in the document
SaaS or cloud service Users pay periodically for online access. Properly manage updates, availability, cancellation, and data processing.
Mobile app Distribution to consumers via app stores. Alignment with App Store terms and consumer protection.
Software for business customers Delivery to companies, often with integration. Broader limitation of liability and a clear user license per organization.
Software containing personal data The software processes data from end users. Link to privacy statement and data processing agreement under the GDPR.
Additional documents

When is this document not enough?

An EULA covers the relationship with the end user, but not every situation regarding your software. In the following cases, you need an additional or different document.

Situation Supplementary document Why
Situation Related document Explanation
Your software processes personal data on behalf of your customer Data Processing Agreement Mandatory under the GDPR when you act as a processor for your business customer.
You share confidential information or source code with a partner Confidentiality Agreement Protects your know-how and source code in a collaboration or due diligence.
You develop software together with another party Cooperation Agreement Establishes the division of roles, ownership of the IP rights, and revenues.
Explanation of this document

Drafting an End User License Agreement (EULA): why?

Not every entrepreneur knows exactly what End User License Agreements (EULAs) are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a license agreement?
If you want to allow someone else to use your intellectual property, you record these agreements in a license agreement. This ensures that there will be no disputes or problems later on. The person who owns the intellectual property is called the licensor. The person who will use it is called the licensee. Intellectual property law is a fairly broad concept encompassing trademark law, design law, copyright law, patent law, and plant breeders' rights. A license agreement is a form of contract in which one party, the licensor, grants the other party, the licensee, permission to perform certain actions that would otherwise not be permitted due to the licensor's exclusive rights. In return, the licensee will pay a fee for this. The fee can be a fixed amount payable once or periodically, but is often also defined as a percentage of the profit. Depending on the type of exclusive rights held by the licensor, a distinction is sometimes made between a trademark, patent, and design license agreement.
Why do I need a license agreement?
Trademark law is not simple. Intellectual property rights are simply far less absolute and more often give rise to harsh words. If you infringe upon your intellectual property rights or grant certain powers of action to other parties, it is always advisable to draw up a license agreement. After all, the license agreement makes it possible to receive royalties in exchange for the use of your exclusive rights. It is therefore an ideal way to convert exclusive rights into euros. This allows a self-employed professional with limited investment capital to still have their invention produced and exploited. A license agreement removes financial barriers. At the same time, a license agreement is also an instrument to protect one's own exclusive rights. For instance, the license agreement outlines the boundaries within which the licensee may perform certain actions. And in this way, there is no need to infringe upon the broader rights held by the licensor. A win-win situation. We couldn't summarize it better.
What does the license agreement state?
Because the legal interests of a license agreement are very significant, a license agreement will always be an extensive document packed with practical arrangements and legal jargon. Consequently, there are several points of attention that you would do well to take to heart. First and foremost, the license agreement will always name the parties involved. It is important that the license agreement specifically indicates who the parties involved are. Especially in the case of clustering, any subsidiaries must also be indicated in the license agreement. Alternatively, it must be specified that the license does not apply to them. Subsequently, the rights held by the licensee will naturally be specified. Various agreements are possible here. Sometimes one will only have the right to produce, while at other times one may make modifications or even grant sublicenses. It is important that all rights and restrictions are set out in the license agreement so that the agreements made are clear to all parties. Within the framework of the legal definition, the parties will guarantee certain things to each other. For instance, the licensor will guarantee that he effectively has the right to grant the license. Conversely, the licensee will guarantee, through an anti-freeze clause, that it will effectively exploit the acquired right economically within a reasonable period. A license agreement is always interwoven with such guarantee provisions, which, in the event of an infringement, naturally also provide easy access to liability claims. The rights of the licensee must not be defined solely on a practical level. Geographical restrictions, specific applications, or agreed market sectors must also be taken into account. Such agreements are also included in the license agreement. Nevertheless, attention must also be paid to infringements of the licensor's rights. If the licensee engages in an infringement, it can indicate the consequences for the agreement. Penalty clauses are certainly not uncommon either. Therefore, control and inspection clauses are always included in the license agreement so that the licensor can always keep the licensee on the right track. However, third parties can also violate the rights of the licensor and licensee. In that case, it is in principle the licensor who must take action and make injunctions legally enforceable. However, it is not uncommon for the licensor to grant the licensee the right to claim damages themselves. In this context, agreements are often made regarding the costs of maintaining the patents on the one hand, and the costs of potential legal proceedings in the event of infringements on the other. Naturally, all of this is included in the license agreement. Additionally, the license agreement will discuss the type of license, which may or may not be exclusive, and the agreed duration. Remuneration also forms a crucial part of the license agreement. Various remuneration systems are possible in this regard, ranging from a lump sum combined with royalties to so-called milestone payments. The license agreement also contains a detailed invoicing and payment schedule. Other provisions often included in a license agreement are those regarding the transfer of rights, the consequences of product improvements, (product) liability provisions, dispute resolution mechanisms (forum and choice of law), a potential right of first refusal, and termination or cancellation arrangements.Therefore, have your license agreement reviewed or drafted by expert legal professionals!
What are the consequences if I do not have a license agreement?
A license agreement can be concluded in any form. In other words, an oral license agreement is also legally permitted. Nevertheless, it is naturally recommended to always draw up a written license agreement. Only in this way do you have legal evidence to support your case. Moreover, legal practice repeatedly demonstrates that written agreements significantly reduce the risk of conflicts. In any case, drafting a legally watertight license agreement is highly recommended. Otherwise, numerous problems can arise. After all, without a provision explicitly prohibiting this, the licensee can transfer their rights via so-called sublicenses. And that is obviously not the intention. Furthermore, disputes quickly arise regarding the consequences of any modifications to the product and the procedure for established infringements. Moreover, do we even need to discuss the risk of infringing your rights?
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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