SAAS Platform Terms of Use

Cloud and Web Contracts Updated 13 August 2015

  • $799.00

Our SAAS Platform Terms of Use template can be used by website platform operators to set out the terms and conditions upon which its Software-as-a-Service platform can be accessed. If your platform comprises both a website and a smartphone app, this Terms of Use can also be customised to include provisions which address the smartphone app including the minimum terms prescribed by Apple

How this document can help you

If you  provide  members of your website platform with online services it is important that you ensure that  your members understand their rights and obligations which apply to their use of your platform.   Our Platform Terms of Use template includes provisions that protect you as the owner or operator of the platform.  For example, the template includes provisions that limit your liability and confirms that you retain ownership of intellectual property in the platform.

This Platform Terms of Use is appropriate for a Software as a Service offering which is made available through a Website (and/or smartphone app). This document sets out the terms upon which registered users of the platform  (known as "Members") can access the Cloud Computing functionality of the platform. These Terms of Use also set out the general provisions under which a Member or non-Member can browse and use your website.  

What it includes

This template is prepared in two column format. The left-hand column includes detailed provisions which set out the rights and obligations of you,  the platform owner or operator on the one hand, and the user on the other hand. 

The right-hand column includes a summary of the provisions of the Terms of Use in short form plain English  for readers who wish to quickly grasp the gist of the Terms of Use.

This  template includes, among others, the following provisions:

  • A clause confirming that you as the platform owner or operator may change the terms of use at any time;
  • A clause confirming that member registration is subject to approval and that the user is responsible for the security of relevant login credentials;
  • Provisions confirming your entitlement to early termination fees in circumstances where a member cancels the service prior to the end of the minimum term;
  • A clause  confirming that the user is responsible for any data that it uploads into your service;
  • Clauses confirming that the platform will not be uninterrupted or error-free;
  • Usage restrictions and an Acceptable Use Policy
  • Provisions regarding the ownership of intellectual property in the platform;
  • A clause dealing with disputes between users;
  • Provisions dealing with termination of subscriptions and access to the platform;
  • Clauses limiting your liability as the platform owner or operator;
  • Clauses which address the minimum terms required for submission of apps to the Apple App Store (applicable if your platform also includes a smartphone application);

How much free legal advice does this come with?

This template comes with 30 minutes of free telephone legal advice from Arnotts Technology Lawyers. During this time, Arnotts will answer any questions they can about the template, to the extent possible within the 30 minutes allocated.

Common questions

Is this template good to use for a platform that also includes a smartphone app?

Yes, this template includes provisions that deal with smartphone apps.  It also includes the minimum terms the required by Apple for apps that are uploaded to the Apple App Store. 

What sort of websites can this Terms of Use be used for?

The Terms of Use is for Website owners who provide software as a service (SAAS). To read about what "software as a service" means, please see this Wikipedia article. The Terms of Use confirm that only registered members of the Website are able to use the Member Services. The Terms of Use is designed to refer to a "Services Description" document accessible via a link on your website (which you will need to draft), which sets out a description of the Member Services together with the Fees and any Minimum Term for a Member Services subscription.

Where should the Terms of Use be placed on the Website?

The Terms of Use should be accessible via links clearly visible to the user on every page of the Website. The Website should also include a checkbox that requires customers to tick the checkbox to confirm that they agree, accept and understand the Terms of Use (and your Privacy Policy) before proceeding with any order, purchase, registration or other transaction through the Website. This checkbox should also be included on the "sign up" page.

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