SaaS Terms of Service Review

Your SaaS Terms Need More Than Boilerplate

Generic templates miss SLA commitments, data portability rights, and service modification clauses. I check for the provisions that actually protect both you and your customers.

ST
Sergei Tokmakov, Esq. California Bar #279869 · SaaS & Tech Contracts

The 6 SaaS Provisions I Check First

These separate adequate SaaS terms from bulletproof ones

Uptime & SLA Commitments

Is there an SLA? What's the uptime guarantee? What are remedies for downtime - credits or termination rights? How is uptime measured? Exclusions for maintenance?

Data Ownership & Portability

Who owns customer data? What are export rights on termination? Is the export format usable or proprietary? Data retention and deletion timelines after termination?

Service Modification Rights

Can you change features without notice? Material change notification requirements? Customer termination rights if service changes materially? API versioning and deprecation notice?

Pricing & Auto-Renewal

Auto-renewal disclosure for CA compliance. Price increase notice period - 30 days? 60 days? Grandfathering for existing customers? Overage fees and usage-based pricing clarity?

Security & Compliance

Security standards (SOC 2, ISO 27001)? Breach notification timeline? Subprocessor approval rights? Data processing addendum availability?

Termination & Transition

Termination for convenience - both parties? Effect on data after termination? Transition assistance obligations? Which clauses survive termination?

Standard Clauses I Also Verify

Beyond SaaS-specific provisions, I confirm these essentials are properly addressed

Liability Caps

Limitation of liability and damage exclusions

Indemnification

IP infringement and third-party claims

Governing Law

Choice of law and venue selection

Dispute Resolution

Arbitration vs. litigation, class waiver

IP Ownership

Platform IP vs. customer content

Acceptable Use

Prohibited uses and enforcement

Support Terms

Response times and support channels

Force Majeure

Excuse for non-performance events

Industry-Specific SaaS Scanners

Some SaaS niches have additional provisions I check

AI/ML Tools

Output ownership, training data rights, hallucination disclaimers

Live

Marketing SaaS

Email compliance, SMS consent, CAN-SPAM

Coming Soon

Analytics Platforms

Data processing, cookie consent, tracking

Coming Soon

Fintech SaaS

Financial data handling, regulatory compliance

Coming Soon

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Analysis Results

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