The SaaS End User License Agreement is essential for any organization providing software services through cloud-based delivery models in Austria. This agreement is designed to comply with Austrian legal requirements while protecting both service providers and users. It should be used when offering software services to Austrian users or when Austrian law governs the service relationship. The document incorporates mandatory provisions from Austrian contract law, consumer protection regulations, and EU data protection requirements, particularly GDPR. It addresses key aspects such as service access, usage rights, data processing, service levels, and liability limitations. The agreement is structured to accommodate both business-to-business and business-to-consumer relationships, with specific provisions triggered depending on the user's status.
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1. Parties: Identification of the service provider and the end user, including full legal names and addresses
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of the SaaS service, including features, functionalities, and access methods
5. License Grant: Scope of the license, usage rights, and restrictions on use of the software
6. User Obligations: End user's responsibilities, acceptable use policy, and account management requirements
7. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
8. Data Protection and Privacy: GDPR-compliant provisions regarding data processing, privacy policies, and data security measures
9. Service Levels: Service availability commitments, maintenance windows, and support services
10. Intellectual Property Rights: IP ownership, protection of proprietary rights, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Warranties and Disclaimers: Service warranties, disclaimers, and limitations of liability
14. Indemnification: Mutual indemnification obligations and procedures
15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Professional Services: Include when additional implementation, training, or consulting services are offered
2. Service Credits: Include when offering financial compensation for service level failures
3. Insurance: Include when specific insurance requirements are needed, especially for enterprise customers
4. Audit Rights: Include for enterprise agreements where customer requires audit capabilities
5. Business Continuity: Include when disaster recovery and business continuity provisions are required
6. Export Control: Include when the service may be subject to export control regulations
7. High-Risk Activities: Include when service should not be used for critical or high-risk operations
1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and remedies
2. Data Processing Agreement: GDPR-compliant data processing terms and security measures
3. Acceptable Use Policy: Detailed rules and restrictions for use of the service
4. Support Services Description: Details of technical support, maintenance, and help desk services
5. Security Policy: Information security requirements and procedures
6. Price List: Detailed pricing tiers, optional features, and payment terms
7. Technical Requirements: Minimum system requirements and technical specifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Professional Services
Manufacturing
Telecommunications
Media and Entertainment
Government and Public Sector
Non-profit Organizations
E-commerce
Insurance
Consulting
Real Estate
Relevant Teams
Legal
Information Technology
Privacy and Compliance
Sales
Product Development
Customer Success
Information Security
Risk Management
Operations
Business Development
Relevant Roles
Legal Counsel
Privacy Officer
Data Protection Officer
IT Director
Chief Technology Officer
Chief Information Officer
Software Development Manager
Product Manager
Compliance Officer
Contract Manager
Sales Director
Account Executive
Information Security Manager
Risk Manager
Operations Manager
Customer Success Manager
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