SaaS agreements
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Contact our teamSoftware-as-a-Service (SaaS) solutions are a cornerstone of modern business operations.
Whether you’re launching a new SaaS platform or incorporating cloud-based applications into your service delivery, having a robust SaaS agreement in place is essential to protect your business interests and ensure regulatory compliance.
At Moore Barlow, our Commercial and Technology team work closely with vendors and customers to draft, review and negotiate SaaS agreements that are legally sound, commercially practical, and tailored to each client’s specific use case. Our deep understanding of technology contracts and extensive experience in cloud-based services allows us to identify key risks and opportunities that others may overlook.
What is a SaaS agreement?
A SaaS agreement is a legal contract between a software provider (the vendor) and a customer, which governs the use of a cloud-based software application on a subscription basis. Unlike traditional software licences, SaaS solutions are hosted by the vendor and accessed via the internet, making data security, service uptime, and user access key areas of concern.
This type of agreement outlines commercial terms such as pricing, payment, and renewals, as well as technical details including service levels (SLAs), data protection responsibilities, intellectual property rights, termination rights, and limitation of liability. A well-drafted SaaS agreement helps prevent disputes, ensures compliance with UK data protection regulations (including GDPR), and sets out clear expectations for both parties.
How we can help with your SaaS agreement
Our specialist commercial solicitors can assist with all aspects of SaaS agreements. Whether you are a growing tech start-up or an established enterprise procuring SaaS tools, we tailor our legal advice to your business needs and commercial objectives.
Our services include:
- Drafting bespoke SaaS agreements for providers launching new platforms
- Reviewing and negotiating SaaS contracts from the customer’s perspective
- Advising on risk allocation and liability limitations
- Incorporating data protection and GDPR compliance clauses
- Advising on intellectual property ownership and licensing terms
- Assisting with service level agreements (SLAs) and performance metrics
- Guidance on auto-renewal, termination and exit provisions
We ensure your agreement is legally compliant, commercially viable and future-proofed against changes in regulation or evolving business models.
Why choose Moore Barlow?
At Moore Barlow, we bring together legal expertise with industry insight. Our firm is recognised in Legal 500 and Chambers for excellence in commercial and technology law. Our team combines technical understanding with commercial acumen, helping clients navigate complex contractual issues with confidence.
Clients choose us because:
- We apply a pragmatic, solution-focused approach to contract negotiation
- We are experienced in working with SaaS providers, from start-ups to established vendors
- We stay updated on the latest trends in cloud computing, software licensing and data law
- We offer clear, practical advice, avoiding unnecessary legal jargon
- We provide a seamless service across multiple legal areas, including intellectual property, data protection, and corporate law
Our offices in London, Southampton, Guildford and Richmond allow us to provide a regional presence with national reach. Regardless of where you are based, we deliver the same high standard of legal service to all our clients.
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Key components of a SaaS agreement
Whether you’re offering or purchasing SaaS services, certain clauses are particularly important in any SaaS agreement:
- Data protection and privacy: Vital for compliance with the UK GDPR and safeguarding user data.
- Service levels: Clearly defined SLAs ensure transparency over support, uptime and response times.
- Intellectual property: Clarifies rights of use and ownership of software and related materials.
- Termination and exit: Important for defining how the relationship can end, and how data is returned or deleted.
- Limitation of liability: Helps manage risk and protect against unexpected claims or losses.
Our team can help you assess the strength and fairness of these clauses and ensure that your agreement reflects current best practice.
Get expert legal guidance for your SaaS agreement
With cloud services rapidly evolving, it’s more important than ever to have a comprehensive SaaS agreement in place that meets your commercial, technical and legal needs. Let Moore Barlow help you navigate this complex area with clarity and confidence. Speak to our Commercial and Technology team today to learn how we can support your business success.
Contact us
Whatever your role in a SaaS transaction, Moore Barlow is here to support you with trusted legal advice. To speak with one of our Commercial and Technology team about your SaaS agreement, please get in touch with our dedicated team. We will schedule a consultation at your convenience, either in person or remotely.
Call us on 023 8071 8000 or fill out our contact form, and we’ll be in touch to discuss how we can support your business objectives.
We are here to help
Discover how our expert commercial and technology lawyers can help you.
Contact our commercial and technology team
Frequently asked questions
What is the difference between a SaaS agreement and a traditional software licence?
Traditional software licences often involve the purchase and installation of software on a user’s hardware, granting a perpetual or fixed-term licence. SaaS agreements, by contrast, offer access to software hosted in the cloud, typically on a subscription basis. The contract focuses more on access rights, data handling and service performance than on software ownership.
Do I need a lawyer to review a SaaS agreement?
Yes, involving a solicitor with experience in commercial and technology law is highly recommended. SaaS contracts involve complex terms around intellectual property, data protection and liability that can expose your business to significant risk if not properly addressed. Legal advice ensures your interests are protected before the agreement is signed.
Can a SaaS agreement be used internationally?
Yes, but extra care must be taken to address governing law, jurisdiction, and compliance with international data protection regulations (such as the GDPR or CCPA). If your SaaS platform serves users from multiple jurisdictions, it’s crucial that your agreement reflects this and provides mechanisms for cross-border compliance.
What should a customer look for in a SaaS agreement?
Customers should pay close attention to clauses on service availability, data security, support response times, data ownership, exit strategies and liability. These clauses determine how reliant you can be on the software and how protected you are if something goes wrong.
Can Moore Barlow help SaaS providers with terms of service and privacy policies?
Yes, we regularly advise and draft terms of service, acceptable use policies, and privacy notices that align with both contract law and data protection regulations. These documents are essential for SaaS providers to operate legally and transparently.
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