IT, online stores and brand protection · Czechia and Slovakia
SaaS agreement and terms
SaaS does not involve signing a contract for work. The customer accepts the terms with a click, and from then on you are responsible for availability, data and service content. We prepare terms, an SLA and data documentation that scale to hundreds of customers without negotiation and stand up to larger clients' legal departments. For Slovak, Czech and international markets.
- Lawyer registered with both the Czech and Slovak Bar Associations
- For SaaS providers and customers
- Fees agreed in advance
What we'll do for you
Good SaaS terms run themselves. The customer clicks and pays, and both parties know where they stand. We write clearly. Legal jargon in terms drives customers away just as a missing SLA does.
Select an item to see the details.
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Terms of service
Registration and contract formation, subscriptions and payments, trials and upgrades, usage rules, liability and its limits, changes to terms and account termination.
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SLA
Service availability, planned maintenance, incident categories, support response times and outage credits — commitments you can actually fulfil.
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Data and GDPR
A data processing agreement (DPA) for customers, subcontractor arrangements (hosting and analytics), and data export and deletion rules when customers leave.
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Software protection
Licensing arrangements, a prohibition on reverse engineering, protection against API misuse and rights to feedback and integrations.
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Enterprise negotiations
Responses to comments from large clients' legal departments — we know which concessions are safe and which undermine your standard model.
Deliverablea complete SaaS contract suite: terms of service, SLA and data documentation, ready to scale
How it works
Does this process fit your matter? Describe it to the attorney →
- Consultationday 0
We review the product, pricing model and markets, then propose the document suite.
- Draft documentation
We prepare interconnected terms, SLA and DPA, and refine the wording with you.
- Implementation
We help integrate the documents into the ordering process — consent, versions of the terms and changes to them.
- Ongoing support
New features, markets or larger clients — we keep the documentation updated.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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How does a SaaS agreement differ from an ordinary licence agreement?
With SaaS, customers do not receive the software — they access a service you operate. The focus therefore shifts from licensing to availability, support, data and account termination, alongside processing customers' personal data within your infrastructure. A conventional licence agreement does not address these issues.
Can we simply copy terms from an overseas competitor?
We advise against it — common-law templates contain concepts that do not work under our law and omit duties under European and Slovak or Czech rules, particularly concerning consumers and personal data. We write terms that fit your product and the law under which you operate.
Do I need a DPA if my terms have a GDPR section?
Usually, yes. If you process personal data on a customer's behalf — for example, its users' data — you are a processor, and the relationship must be governed by a contract or another legal act with prescribed content: the subject matter and duration of processing, its nature and purpose, the type of personal data, categories of data subjects, and the controller's obligations and rights (Article 28(3) of Regulation (EU) 2016/679, the GDPR). The Regulation also requires it to be in writing, which includes electronic form (Article 28(9)). A section in the terms generally does not cover these requirements, so we prepare a DPA as a standard part of the suite.
We use AWS, analytics and other tools. Must we tell the customer?
If you use these tools to process personal data on the customer's behalf, yes. As a processor, you must not engage another processor without the customer's prior specific or general written authorisation. If you rely on general authorisation, you must inform the customer of any intended addition or replacement of other processors, giving it the opportunity to object (Article 28(2) GDPR). The same data protection obligations must also be imposed on the further processor by contract, and if it fails to fulfil them, you remain liable to the customer (Article 28(4)). In practice, we address this through a subcontractor list and notification arrangements for changes.
When do we become a controller instead of a processor?
When you start making your own decisions about the customer's data. A processor that infringes the Regulation by determining the purposes and means of processing is considered a controller in respect of that processing (Article 28(10) GDPR), with all associated duties. This typically becomes a risk when customer data is used for your own analytics or model training; we therefore expressly address these rules in the terms.
What should a reasonable SLA contain?
Measurable availability with a clear calculation method, exclusion of planned maintenance, incident categories with response times, and credits as the primary remedy for outages. Promise only what the infrastructure can actually support — an SLA is a commitment, not marketing.
We also sell to consumers. What should we watch for?
Consumer rules are stricter — information duties, withdrawal rights, restrictions on limitations of liability and scrutiny of unfair terms. We structure the terms so the B2C section complies and the B2B section does not unnecessarily carry consumer restrictions.
How much does SaaS documentation cost?
It depends on scope — from reviewing existing terms to a complete suite with SLA and DPA. We confirm the fee in advance, and the agreed fee stands.
Legal Q&A
Common questions on this topic
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We sell online courses. Can our terms say course fees are non-refundable?
Not in that form. A consumer buying remotely has a 14-day withdrawal right that cannot be waived in advance, so the clause is invalid and may attract a fine. The law offers digital content sellers a lawful route: the right ends when supply begins if the customer expressly consented, acknowledged being informed of the loss of that right and received confirmation. This is addressed through checkout, rather than a sentence in the terms.
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We are developing a non-custodial crypto wallet. Do we need a CASP authorisation?
Software or hardware for a wallet in which the private keys are held exclusively by the user generally does not require an authorisation as a crypto-asset service provider, because it is not custody on behalf of clients. MiCA says so expressly in recital 83. You do need an authorisation, however, if you gain control over the crypto-assets or the means of access to them, for instance through key management or recovery, or if the application itself provides exchange, receives orders or executes transfers on behalf of users.
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A customer is leaving our SaaS service for another supplier. Must we assist with the switch?
Yes. Since 12 September 2025, the EU Data Act has applied, requiring providers of data processing services, including SaaS, to enable a customer to switch to another provider and to port its exportable data. The contract must provide for a notice period for initiating the switch of no more than two months, a transitional period of no more than 30 days, and a data retrieval period of at least 30 days. From 12 January 2027 you may no longer charge any fees for switching, unless the service is a custom-built one under Article 31.
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Further reading
Limitation of liability in EULAs and SaaS terms: what stands up against businesses and against consumers
Almost every set of licence and SaaS terms contains an exclusion of liability taken from a foreign template. In Slovakia, as between businesses, it is constrained by the ban on waiving damages in advance; in Czechia, by statutory exceptions; and against consumers most such sentences are invalid. This article is for software providers who want a limit that will actually hold up in a dispute.
Read more →
Updates and changes to an application: what you may change for a customer who has already paid
Applications and SaaS services change constantly, but towards consumers the Civil Code sets their provider clear duties and clear limits. The provider must supply the updates needed to keep the product in conformity with the contract, and may change features beyond that only on grounds agreed in the contract. This article is for application developers and providers of digital services.
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Stablecoins in business: when CASP authorisation is not enough and payment authorisation is needed
Electronic money tokens are funds for payment regulation purposes. EBA recommends not treating the exchange of stablecoins as a payment service, but transferring them for clients can be one, including between the same client’s accounts. For now, EBA’s approach indicates where CASP ends and PSD2 begins.
Read more →