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Drafting general terms and conditions for a software company

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

Do not hastily put this document together yourself — a false sense of security is harmful.
Have a specialist screen it and be in a stronger position when it matters.

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  • Available in Dutch and English

How does it work?
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.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

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Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

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

Software terms and conditions must make a clear distinction between customization, licensing, implementation, support, and maintenance. Without clear agreements, disputes arise regarding bugs, acceptance, scope, source code, IP, and liability

  • For software companies, developers, and IT service providers
  • Focus on custom software, licenses, and support
  • Acceptance, bugs, additional work, and source code clearly organized
  • Alignment on IP, privacy, SLA, and liability

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

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

from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable?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

About us

Our expertise in terms and conditions for software companies

Our lawyers and in-house counsel assist software companies, developers, IT service providers, and SaaS vendors with terms and conditions, license agreements, software development agreements, SLAs, and data processing agreements. We examine scope, acceptance, bugs, IP, source code, support, maintenance, data, privacy, and liability.

Custom solutions for your software company

A custom software company, SaaS provider, app developer, implementation partner, or support provider does not need the same terms and conditions. Therefore, we tailor the terms to your services, technology, customers, pricing model, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with software, SaaS, IT contracts, and privacy
  • Attention to scope, acceptance, IP, 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
  • Delivered within 3 working days, express delivery possible
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 software companies

Our lawyers and in-house counsel assist software companies, developers, IT service providers, and SaaS vendors with terms and conditions, license agreements, software development agreements, SLAs, and data processing agreements. We examine scope, acceptance, bugs, IP, source code, support, maintenance, data, privacy, and liability.

Custom solutions for your software company

A custom software company, SaaS provider, app developer, implementation partner, or support provider does not need the same terms and conditions. Therefore, we tailor the terms to your services, technology, customers, pricing model, and risks.

Our facts

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

Reviews (21)

Can

We required a tailored approach, and that was handled well. The sharpness in the negotiations with our opposing counsel was impressive. A reliable partner striving for perfection in their documents.

Jeffrey

The approach was professional and personal. The draft was provided with helpful notes in the margin for clarification. The service was professional and personal.

Saar

We received pleasant assistance from the very first contact. They did not make things unnecessarily difficult regarding minor changes outside the scope. The document was accepted flawlessly by our investors.

Ronald

The intake felt like a real consultation rather than a sales pitch. They provided fantastic input on how we could keep the document commercially friendly. A reliable partner striving for perfection in their documents.

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.

Hajar

The lawyer's sharp questions immediately got us thinking. The draft was delivered faster than promised in the quotation. Fantastic value for money for this level of expertise.

Dylan

We immediately felt that we were in good hands. The coordination with our accountant went flawlessly and professionally. It is clear that they have a passion for entrepreneurship.

Noah

We immediately got the right expert on the line for our specific problem. Reviewing and editing our terms and conditions has significantly improved the quality. A reliable partner that strives for perfection in their documents.

Rania

The openness regarding the expected result was very welcome. The weekly update emails provided a nice sense of control over the process. A party that delivers on what it promises on the website.

Anouar

Scheduling the appointment went very smoothly and quickly. The legal language was strict and forceful where necessary, but lenient where possible. It is clear that they have a passion for entrepreneurship.

Khadija

We immediately clicked well with the lawyer who assisted us. The process was clear from start to finish. A reliable partner who strives for perfection in their documents.

Mina

The lawyer got straight to the heart of the matter. The documents are written in such a way that they grow with the future of our company. Everything was delivered neatly and on time.

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.

Jurre

We quickly gained the certainty we were looking for. The concept was clear and practically applicable. The service was professional and personal.

Oscar

We didn't feel like just a number, but received truly personal attention. The proactive approach went beyond just the legal framework; the business side was also addressed. The final result aligns 100% with our high standards.

Latifa

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

Anouk

The initial analysis of our documents was razor-sharp. It was clearly indicated what we needed to pay attention to. A reliable partner who strives for perfection in their documents.

Meryem

The direct translation of our problem into a legal solution was impressive. The adjustments were logical and carefully incorporated. These documents will undoubtedly save us a lot of headaches in the future.

Chaimae

Very clear and professional guidance. The lawyer showed great commitment to safeguarding our interests. It is clear that they have a passion for entrepreneurship.

Floor

We had immediate confidence in the team's expertise. They managed to forge an extremely complex joint venture agreement in a short timeframe. The quality fully met our expectations.

Daphne

The direct contact and the absence of hidden costs were the deciding factors. It felt like we had an in-house corporate counsel for the duration of the project. These documents will undoubtedly save us a lot of headaches in the future.

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
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • 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 terms and conditions depends on your delivery model and your customers. The choices below determine which provisions you need.

Choice or question Why this matters legally
Do you provide licenses, SaaS, or custom solutions? The delivery model determines the provisions regarding right of use, availability, and delivery.
Are your customers business-only or also consumers? Mandatory protection rules apply to consumers, and you may exclude less.
Do you process personal data for the customer? In that case, in addition to the conditions, a separate data processing agreement (Article 28 GDPR) is mandatory.
How far do you want to limit your liability? An excessively broad exclusion may be voidable; a reasonable limitation stands up.
Do you work with SLA agreements regarding availability? Commitments regarding uptime require a measurable standard and an arrangement for the consequences.
Clauses and provisions

Which elements belong in the general terms and conditions of a software company?

Good general terms and conditions for a software company cover the entire supply chain: from quotation and license to availability, payment, and liability. The components below form the basis. Exactly which ones you need depends on your delivery model.

Provision Relevant to Legal point of attention
Applicability and precedence In every quotation and agreement Stipulates that your terms and conditions apply and excludes the customer's purchasing terms and conditions.
Description of the service For licensing, SaaS, maintenance, or support Makes concrete what you deliver and prevents discussion about the scope.
License and right of use With every software delivery Specifies which right of use the customer acquires and under what conditions.
Availability and SLA With SaaS and hosting Manages uptime, maintenance windows, and any service levels.
Price, invoicing and indexation Always Determines rates, payment terms, prepayment, and annual price adjustment.
Liability and indemnification Always Limits your liability in amount and extent and excludes consequential damages.
Intellectual property For custom and standard software Retain the copyright to the software and arrange the right of use.
Term, termination and exit For subscriptions and SaaS Manages renewal, notice period, and return or deletion of data.
Use in practice

How do you use this document correctly?

General terms and conditions are only effective if they are properly declared applicable and made available to the customer in a timely manner.

Situation What should you do? Point of attention
Before concluding the agreement Refer to the terms and conditions in your quotation and provide them Only then do the terms and conditions form part of the agreement.
For online sales Offer the terms and conditions in advance electronically In this way, you comply with the duty to provide information and the conditions are non-voidable.
With every new customer Have the customer accept the terms and document this Proof of acceptance prevents later discussion regarding applicability.
In case of a change of service Update the terms and conditions and communicate them again Outdated terms and conditions do not cover new services and risks.
Common mistakes

Common mistakes

With general terms and conditions for software companies, things often go wrong regarding applicability, liability, and data protection. You see the errors listed below most frequently.

Wrong Consequence Better approach
Failure to provide terms and conditions, or providing them too late The conditions are voidable and do not apply Refer to them and make them available for the conclusion of the agreement.
Allow unlimited liability A software error can lead to large damage claims Limit the amount of liability and exclude consequential damages.
No data processing agreement for personal data You are acting in violation of the GDPR and risk a fine Conclude a separate data processing agreement in addition to the terms and conditions.
Failure to regulate intellectual property Uncertainty regarding who is permitted to use or exploit the software Retain the rights and grant only a right of use.
Copying the terms and conditions from the internet The provisions do not suit your service and are partially invalid Have custom terms and conditions drafted for your delivery model.
Risk profile

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

The points of attention vary by type of software company. If you recognize your situation, you know where the focus should lie.

Risk profile Example Focus in the document
SaaS provider You provide software as an online service on a subscription basis Pay attention to availability, SLA, data storage, and exit at the end of the subscription.
Custom developer You build software to customer specifications Pay attention to delivery, acceptance, additional work, and ownership of the source code.
Licensor You supply standard software under license Pay attention to the scope of the right of use, updates, and usage restrictions.
Customer data processor Your software processes personal data of customers Pay attention to a data processing agreement, security, and retention periods.
Additional documents

When is this document not enough?

General terms and conditions govern the standard agreements with all your customers. For specific situations, you require additional documents.

Situation Supplementary document Why
You process personal data for your customers Data Processing Agreement Mandatory in addition to the conditions as soon as you process personal data as a processor.
You work structurally with another party Cooperation Agreement Records the agreements between collaborating companies, separate from your customer terms and conditions.
You share confidential information with a partner Confidentiality Agreement Protects business-sensitive information that is shared outside your ordinary customer relationship.
Explanation of this document

Drafting general terms and conditions for a software company, why?

Not every entrepreneur knows exactly what general terms and conditions for a software company 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 frameworks are important.

What are the general terms and conditions for a software company?
General terms and conditions for a software company are the standard conditions applied by a software developer, supplier, or IT service provider to all its assignments and deliveries. They cover the entire spectrum of a software company's activities: custom software development, licensing, SaaS delivery, IT consultancy, implementation services, and software support. The general terms and conditions of a software company are more complex than those of an average service company because they integrate multiple areas of law: copyright on the software, liability for software errors, GDPR obligations regarding data processing, and the specific rules of the Software Directive. Our lawyers draft general terms and conditions for software companies that correctly define the intellectual property position on all types of output, effectively limit liability for software errors, correctly integrate GDPR obligations, and hold up with both B2B and B2C clients.
How do you manage the intellectual property position on all types of output?
A software company produces various types of output for which the IP position differs per type. Custom software: the copyright rests with the creator — the software company — unless it has been expressly agreed that the right transfers to the client. Your general terms and conditions must establish the standard position: in the absence of an express transfer agreement, the software company retains the copyright and grants the client a right of use. Standard software: the software company is the rights holder; the client merely obtains a license. Documentation and training material: copyright with the software company, right of use to the client. And client data: the client remains the owner of their own data entered into the software company's systems. Our lawyers formulate the appropriate IP clause for each type of output.
How do you effectively limit liability for software errors?
Software errors can cause serious consequential damage to customers: a bug in a financial system can lead to incorrect payments; a security breach can result in a data leak with GDPR fines. Without an effective limitation of liability, the software company is exposed to claims that far exceed annual revenue. Your general terms and conditions must limit liability to direct damage, exclude consequential damage and business interruption damage, and limit maximum liability to the amount of the contract or subscription fee for the last twelve months or the amount of the professional liability insurance. For consumers, consequential damage clauses may not go as far. Our lawyers formulate a limitation of liability that is legally defensible even for a consumer client.
How does it work at MKBjuristen?
After a brief intake regarding your product portfolio, customer profile, and liability risks, our lawyers draft general terms and conditions for your software company that correctly define the IP position, effectively limit liability, properly integrate GDPR obligations, and hold up with both business and private clients.
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 software company

Software companies vary greatly in their services. Therefore, we do not draft generic general terms and conditions for software companies, but tailor them to customization, licenses, implementation, support, maintenance, data, and liability.

Custom software

Attention to scope, milestones, acceptance, bugs, additional work, IE, and source code.

Software licenses

Attention to usage rights, users, installation, restrictions, maintenance, and termination.

Implementation & integrations

Attention to planning, customer data, access, testing, dependencies, and acceptance.

Support & maintenance

Attention to helpdesk, updates, patches, response times, excluded support, and SLA.

SaaS & cloud software

Focus on subscriptions, accounts, data, uptime, privacy, and exit.

App, web & AI

Attention to output, hosting, content, data usage, customer control, and liability.


General terms and conditions for a software company must connect technical practice and legal risks. Therefore, we look at scope, acceptance, bugs, source code, IP, support, maintenance, data, and liability.

Common mistakes in software company terms and conditions

In software projects, disputes often arise because scope, acceptance, IP, or support are not clearly defined.

  • Do not use a clear scope or SOW
  • Forgotten software acceptance procedure
  • Confusing bugs and change requests
  • Failure to regulate intellectual property and source code
  • Formulating support and maintenance too broadly
  • Forget open source and third-party dependencies
  • Forgot data processing agreement or privacy agreements
  • Do not limit liability for data loss or downtime

Draft general terms and conditions for your software company properly and prevent unnecessary problems in the future. Good terms and conditions prevent disputes regarding scope, delivery, IP, support, bugs, and liability.

Are general terms and conditions sufficient for software development?

Often not. For custom software, a Statement of Work (SOW) or software development agreement is usually also required.

Who owns custom software?

That depends on the agreements. Without a clear transfer, IP often remains with the creator. Therefore, explicitly document ownership or the license.

Does source code always have to be provided?

No. Source code is only provided if agreed upon. Also arrange documentation, escrow, and usage rights.

How do I handle bugs and acceptance?

Use an acceptance procedure with a test period, error definition, rectification option, and tacit acceptance.

Can MKB Juristen review existing software terms and conditions?

Yes. We check scope, acceptance, IP, source code, licenses, support, privacy, liability, and termination, among other things.

Contact us

Annelore Hendriks

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