Warranties and liability exclusions in a SaaS contract: drafting guide
Draft robust SaaS clauses: warranties (SLAs, security, compliance), lawful liability limitations, GDPR super-caps, data portability and templates ready to adapt.
12 articles
SaaS and tech contracts have their own rules: SLAs, availability, code ownership, data portability and liability limits. Our articles explain key clauses and pitfalls.
Draft robust SaaS clauses: warranties (SLAs, security, compliance), lawful liability limitations, GDPR super-caps, data portability and templates ready to adapt.
AGPL, GPL, LGPL… In SaaS, a “restrictive” open source dependency can trigger an obligation to publish your code or lead to infringement proceedings. A practical method to map, remediate and contract…
Subcontracting chains, cloud hosting, backups, support… Your SaaS depends on essential providers. Here is how to govern these dependencies with GDPR (Article 28), Data Act 2025 and concrete clauses (audit, flow-down)…
Data Act, SREN, NIS2, 2026 e-invoicing: how to draft SaaS pricing and billing clauses that reduce disputes (overages, increases, portability) and remain compliant.
In a SaaS contract, the data hosting clause determines GDPR compliance, security, availability and the ability to exit (Data Act). Here is what to negotiate and how to word it.
B2B and B2C follow different rules. 14-day withdrawal, unfair terms, liability, GDPR/DPA, Data Act (portability/switching), SLAs, accessibility (EAA)… Here is what needs adapting in your SaaS terms of use/sale…
Data Act 2025: a 2-month cap to switch cloud providers, even with a fixed commitment. Notice, refunds, serious breach, exit assistance, SLAs and GDPR: the practical guide.
The SLA is the operational compass of a SaaS contract. Here are the legal obligations in France/the EU and a practical method for defining KPIs, service credits, GDPR security, exclusions and termination rights.
Everything you need to secure your SaaS license agreement in 2026: standard structure, essential clauses (GDPR Article 28, Data Act, SREN), sample wording, negotiation checklist and points to watch.
A generic SaaS contract template exposes you to major risks: GDPR non-compliance (art. 28), Data Act switching, NIS2/DORA security, ineffective clauses. Here is how a SaaS lawyer safeguards your scope…
SaaS startups: in 2026, your terms of sale must reflect the GDPR, Data Act, loi SREN and AI Act. Portability, security, liability and pricing transparency: what the law requires and how to comply.
A SaaS contract is a hybrid agreement. In 2026, it must incorporate SLAs, security, GDPR, Data Act exit/portability, IP and liability. Discover the clauses to require and pitfalls to avoid.