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Drafting SaaS General Terms and Conditions

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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
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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

SaaS terms and conditions are about more than payment and liability. You must clearly regulate what the customer may use, what happens to data, what availability you promise, when support applies, and what happens upon termination

  • For SaaS platforms, cloud software, and online tools
  • Attention to subscriptions, data, privacy, and availability
  • Support, updates, fair use, and SLA agreements concretely arranged
  • Alignment with data processing agreement and liability

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About us

Our expertise in terms and conditions for SaaS

Our lawyers and in-house counsel assist SaaS companies, software vendors, and digital platforms with terms and conditions, SaaS agreements, SLAs, data processing agreements, and licensing arrangements. We review subscriptions, accounts, data, privacy, support, uptime, updates, fair use, intellectual property, liability, and termination.

Customization for your SaaS platform

A B2B SaaS platform, marketplace, dashboard, AI tool, or enterprise SaaS service does not require the same terms and conditions. Therefore, we tailor the terms to your technology, customers, data, support model, pricing model, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with SaaS, software, IT contracts, and privacy
  • Attention to data, SLA, support, and liability
  • Fixed rates in advance where possible
  • 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
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
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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Is your document outdated, copied, generated with AI, or no longer suitable?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 in terms and conditions for SaaS

Our lawyers and in-house counsel assist SaaS companies, software vendors, and digital platforms with terms and conditions, SaaS agreements, SLAs, data processing agreements, and licensing arrangements. We review subscriptions, accounts, data, privacy, support, uptime, updates, fair use, intellectual property, liability, and termination.

Customization for your SaaS platform

A B2B SaaS platform, marketplace, dashboard, AI tool, or enterprise SaaS service does not require the same terms and conditions. Therefore, we tailor the terms to your technology, customers, data, support model, pricing model, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with SaaS, software, IT contracts, and privacy
  • Attention to data, SLA, support, and liability
  • Fixed rates in advance where possible

Reviews (21)

Robert

The communication was smooth and professional. The final document looked professional. These documents will undoubtedly save us a lot of headaches in the future.

Sabri

The flexibility in scheduling an appointment was very pleasant. They considered not only preventing disputes but also finding practical solutions. Everything was delivered neatly and on time.

Henk

I was struck by how customer-oriented the initial approach was. It was very pleasant that we could review the drafts digitally and quickly. Our business partners were impressed by the professionalism of the contracts.

Ayman

We didn't know exactly which document we needed, but received sound advice immediately. We exchanged quite a few emails, but the responses remained quick and helpful. It is clear that they have a passion for entrepreneurship.

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.

Marieke

The flexibility in scheduling an appointment was very pleasant. The atmosphere during the meetings was always relaxed but highly focused on results. A party that delivers on what it promises on its website.

Liam

The proactive approach began even before the quotation was signed. The advice regarding the employment contracts was fully in accordance with the latest legislation. The final result aligns 100% with our high standards.

Rik

Practical advice that we could immediately put into practice. The expertise regarding e-commerce legislation was clearly the added value in this process. Our clients are responding positively to the clear general terms and conditions.

Levi

The decisiveness during the first meeting was very pleasant. Communication via email and phone was clear. It is evident that they have a passion for entrepreneurship.

Yahya

The commitment to our case was palpable from the very first minute. Even outside regular hours, we received a quick response to an urgent question. A party that delivers on what it promises on its website.

Chantal

Clear agreements and a neat delivery. Ample time was taken to discuss the various options and their implications. The document was accepted flawlessly by our investors.

Adil

It was immediately clear which steps we needed to follow. It was very pleasant that we could review the drafts digitally and quickly. Our customers are responding positively to the clear general terms and conditions.

Bram

The intake was personal and concrete. They managed to get a stalled negotiation moving again by proposing a smart compromise. These documents will undoubtedly save us a lot of headaches in the future.

Ziad

We immediately got the right expert on the line for our specific problem. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. The service was professional and personal.

Ilham

The document aligned well with our wishes. They flawlessly managed to expose the pain points in our current contract. The quality fully met our expectations.

Brahim

It was nice that potential pitfalls were proactively considered. The document was legally well-substantiated. Our business partners were impressed by the professionalism of the contracts.

Amber

The process went smoothly and was well-organized. The price-quality ratio was good. Everything was delivered neatly and on time.

Fleur

Very clear and professional guidance. The clarity of the penalty clauses leaves no room for interpretation. Our business partners were impressed by the professionalism of the contracts.

Taha

The focus was immediately on the matters that were truly important to us. The transparency throughout the writing process provided a great deal of peace of mind and clarity. The final result aligns 100% with our high standards.

Jihane

We needed tailored legal advice quickly and received excellent assistance. We received a clear explanation of the risks. It is clear that they have a passion for entrepreneurship.

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.

Meet our office

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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.

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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
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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
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  • 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?

No two SaaS services are alike. Before establishing the terms and conditions, you make a number of fundamental choices. These determine which provisions you include and how strict or flexible you formulate them.

Choice or question Why this matters legally
Do you target consumers or business customers? For consumers, mandatory rules and the black and grey lists apply to general terms and conditions; B2B offers more freedom to regulate liability and termination.
Do you provide an uptime guarantee (SLA)? An SLA with uptime percentage and compensation builds trust but obligates you to measurable performance; without an SLA, you retain more leeway but also promise less.
Who owns the customer data and what happens afterwards? Make it clear that customer data remains their property, how you back it up, and whether the customer can export data or have it deleted upon termination.
How far do you limit your liability? The choice between an amount equal to the annual fee, exclusion of indirect damages, and retention of liability in case of intent determines your risk in the event of a claim.
Are you allowed to change prices and functionality in the interim? A modification clause allows for updates and price indexation, but must be reasonable and grant the customer the right to terminate the contract in the event of significant changes.
Clauses and provisions

Which elements belong in SaaS general terms and conditions?

Good SaaS terms and conditions regulate more than just price and payment. They describe the right to use the software, availability, data handling, and risk allocation. The components below form the core. Exactly which ones you need depends on your service and customer group.

Provision Relevant to Legal point of attention
Right of use (license) With every SaaS service Stipulate that the customer receives a limited, non-exclusive, and non-transferable right to use the software; you remain the owner of the platform.
Subscription and duration For ongoing service Rules regarding the start date, duration, automatic renewal, notice period, and termination, so that the relationship is predictable.
Price and payment Always Describe the fee per user or module, billing method, payment term, indexation, and the right to suspend access in the event of non-payment.
Availability and SLA Upon commitment regarding uptime Define availability, scheduled maintenance, and any compensation; without agreements on these matters, disputes quickly arise during downtime.
Data and privacy When processing customer data Refer to the data processing agreement, regulate ownership of customer data, backups, and return or deletion upon expiration (GDPR).
Liability Always Limit your liability in terms of amount and type of damage and exclude indirect damage, to the extent permitted; this prevents unlimited claims in the event of malfunctions.
Intellectual property With proprietary software Confirm that all intellectual property rights to the software remain with you (or your licensor) and that the customer may not copy or resell anything.
Termination and consequences Always Describe when parties may terminate or dissolve, what happens to data and access, and which obligations remain in effect.
Use in practice

How do you use this document correctly?

Conditions are only effective if you use them correctly. It is not just about the text, but primarily about the timing and manner in which you make them available to the customer.

Situation What should you do? Point of attention
Before concluding the agreement Provide the terms and conditions or have them actively accepted (for example, via a checkbox upon registration) Only previously disclosed conditions apply; sending them afterwards is not accepted.
Upon online registration Display a clickable link and request explicit consent, and save that consent This way, you can prove later that the customer accepted the terms and conditions.
In the event of a change to the terms and conditions Inform customers in a timely manner and provide an option to cancel in the event of adverse changes Unilateral amendment without notice is often not binding and may be voidable.
In addition to the general terms and conditions Conclude a separate data processing agreement and optionally an SLA The GDPR requires a separate data processing agreement; general terms and conditions alone do not cover this.
Common mistakes

Common mistakes

In practice, we see the same mistakes recurring time and again in SaaS terms and conditions. They may seem minor, but they can cost you dearly in the event of a dispute. Below are the most common ones, along with their consequences and solutions.

Wrong Consequence Better approach
Send terms and conditions only after registration The terms and conditions do not apply, and you fall back on the statutory rules Provide the terms and conditions in advance and have them actively accepted upon registration.
No separate data processing agreement Violation of the GDPR and risk of fines and complaints In addition to the terms and conditions, conclude a data processing agreement that governs the data processing.
Liability not limited or insufficiently limited In the event of a malfunction or data loss, you may be liable for the full damages Limit liability to amount and type of damage, to the extent permitted by law.
Use general B2B terms and conditions with consumers as well Provisions may be voidable due to the black or grey list Create a separate, consumer-friendly version that complies with the mandatory rules.
No provisions for dates upon termination Discussion regarding access, export, and deletion of customer data Specify how and within what timeframe data is returned or deleted upon expiration.
Risk profile

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

The correct implementation depends on your situation. Below are a number of common starting scenarios for SaaS, along with what you should pay particular attention to in each case.

Risk profile Example Focus in the document
Start-up SaaS provider You are launching a new platform and want to onboard customers quickly Ensure proper acceptance upon registration, a data processing agreement, and a realistic limitation of liability.
Business customers with bargaining power Larger customers want an SLA and to introduce their own terms and conditions Pay attention to the overlap of conditions; make clear agreements regarding uptime, support, and exit.
Processing of sensitive data Your platform processes personal data or special categories of data Align the conditions with the GDPR, regulate security, sub-processors, and the obligation to report data breaches.
International customers You deliver outside the Netherlands or outside the EU Pay attention to applicable law, language, transfer of data outside the EU, and any differing consumer rules.
Additional documents

When is this document not enough?

General Terms and Conditions for SaaS govern the basic relationship with your customer, but do not cover everything. In the following situations, you will need additional documents or assistance.

Situation Supplementary document Why
You process personal data of customers Related document The GDPR requires a separate data processing agreement that governs data processing and security.
You share confidential information with partners or customers Related document A confidentiality agreement protects your trade secrets and code in addition to the general terms and conditions.
A customer does not pay invoices Related document You can turn to our collection service for the collection of outstanding SaaS invoices.
Explanation of this document

Drafting SaaS Terms and Conditions, why?

Not every entrepreneur knows exactly what SaaS general terms and conditions are, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal drafting is important.

What are the general terms and conditions for a SaaS company?
General Terms and Conditions for a SaaS company are the standard conditions applied by a Software as a Service provider to all subscriptions for its cloud application. They combine the elements of a software license—establishing the right of use—a service agreement—availability guarantees, support, and maintenance—and an acceptable use policy—the rules of conduct for using the platform. SaaS terms and conditions are the most comprehensive and legally nuanced type of terms and conditions in the software sector: they must comply with the Software Directive, the GDPR, the Digital Services Act, the Data Act, and consumer protection rules for private subscribers. Our lawyers draft terms and conditions for SaaS companies that correctly define usage rights per subscription type, correctly formulate availability guarantees and service credits, regulate customer data rights in accordance with the Data Act, and effectively limit liability.
How do you arrange the subscription structure and payment terms?
The subscription structure in your SaaS terms and conditions determines how subscriptions are entered into, renewed, and terminated. Your terms must specify, for each subscription type: the price per period, the payment methods, and the procedure for price increases — with what notice period do you announce a price increase, and does the customer have the right to cancel? For consumers, strict rules apply to automatic renewal: automatic renewal for a maximum of one year, with a notice period of no more than one month. Your terms must also regulate the consequences of non-payment: suspension of access following a payment reminder, and termination in the event of persistent non-payment. Our lawyers draft a subscription structure that is commercially attractive and legally sound.
How do you manage customer data rights in accordance with the Data Act?
The Data Act — effective in the EU as of September 2025 — grants users of digital services extensive rights over their own data. For SaaS providers, this means: customers have the right to export their data in a machine-readable format and transfer it to another service provider. Your SaaS terms and conditions must describe the data export procedure: in what format, within what timeframe following a request, and for how long will the data remain available after cancellation of the subscription? After the export period, you may delete the data, but you must confirm to the customer that the deletion has taken place. Our lawyers ensure SaaS terms and conditions that are fully Data Act compliant.
How does it work at MKBjuristen?
After a brief intake regarding your SaaS product, subscription structure, and customer profile, our lawyers draft terms and conditions for your SaaS business that correctly define usage rights, properly formulate availability guarantees and service credits, regulate data rights in accordance with the Data Act, and effectively limit liability.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

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.

Customization per SaaS model

Not every SaaS company faces the same legal risks. Therefore, we do not draft generic terms and conditions for SaaS, but tailor them to the platform, the data, the support level, and the commercial structure.

B2B SaaS & cloud software

Attention to accounts, subscriptions, support, data, privacy, and liability.

Enterprise SaaS

Attention to order forms, SLA, security, purchasing terms and conditions, audits, and liability limits.

Platform & marketplace

Attention to user roles, content, transactions, abuse, platform rules, and liability.

AI & automation

Attention to output, customer control, usage restrictions, data usage, and liability.

SaaS with implementation

Attention to onboarding, configuration, acceptance, additional work, planning, and support.

Data-intensive SaaS

Focus on GDPR, processor agreements, data location, export, backup, and security incidents.


General terms and conditions for SaaS must connect technology, data, and the contract process. Therefore, we look at subscriptions, users, availability, support, privacy, updates, fair use, termination, and liability.

Common mistakes in SaaS terms and conditions

SaaS terms and conditions are not standard terms of delivery. Without specific provisions regarding accounts, data, availability, and exit, disputes quickly arise.

  • Do not include a clear SaaS usage license
  • too absolute to promise uptime or availability
  • Do not define support, maintenance, and updates
  • Forgot data processing agreement or privacy agreements
  • Do not include a provision for data export and deletion
  • Do not exclude third-party hosting, APIs, and integrations
  • Failure to regulate fair use, abuse, and account suspension
  • Do not limit liability for malfunctions or data loss

Draft general terms and conditions for your SaaS platform properly to prevent unnecessary problems in the future. Good SaaS terms clarify what customers are allowed to use, what you promise, and where the limits lie.

Are general terms and conditions sufficient for SaaS?

Sometimes, but often, a data processing agreement, SLA, or order form is also required. That depends on data, support, and service levels.

Does a SaaS company need a data processing agreement?

Yes, if you process personal data on behalf of the customer. General terms and conditions do not replace those GDPR agreements.

Can I include 99.9% uptime in my terms and conditions?

Only if the measurement method, maintenance windows, exclusions, and consequences are clearly regulated.

What happens to customer data after termination?

That must be documented. Consider export, retention period, deletion, and backups.

Can MKB Juristen review existing SaaS terms and conditions?

Yes. We check accounts, subscriptions, data, privacy, support, uptime, updates, fair use, IP, liability, and termination, among other things.

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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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