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SaaS End User License Agreement for Austria

SaaS End User License Agreement Template for Austria

This document is an End User License Agreement (EULA) for Software as a Service (SaaS) governed by Austrian law. It establishes the legal framework for the provision and use of cloud-based software services, incorporating requirements from Austrian civil law, EU GDPR, and relevant e-commerce regulations. The agreement covers essential aspects including service access rights, usage terms, data protection, service levels, and liability limitations, while ensuring compliance with Austrian consumer protection laws and digital service regulations.

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What is a SaaS End User License Agreement?

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.

What sections should be included in a SaaS End User License Agreement?

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

What sections are optional to include in a SaaS End User License Agreement?

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

What schedules should be included in a SaaS End User License Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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