Home Blog SaaS Agreement Drafting: Key Terms, Tips, Lawyer Help

SaaS Agreement Drafting: Key Terms, Tips, Lawyer Help

Jump to Section

Quick Facts — SaaS Agreement Lawyers

What is SaaS Agreement Drafting?

A SaaS (Software as a Service) agreement is a legal contract signed by a software vendor or provider and customer. It includes all the important terms for how the customer can access the cloud-based software, usually via a subscription.

This contract should be drafted professionally and not miss any important information that could put both parties at risk.

Read the rest of this article to learn more about what’s typically included in a SaaS agreement and how to draft it, as well as what a lawyer will do to make the drafting process easier.

What’s Included in a SaaS Agreement?

A SaaS agreement must be comprehensive to ensure that it’s clear and prevents the possibility of disputes between parties. Here are key terms included in the contract.

  • Scope. This section includes details about who can use the software and what uses aren’t allowed.
  • Subscription and payment. These terms include pricing structures and billing cycles.
  • Data ownership. The SaaS agreement explains who owns the data and how it can be protected.
  • Service Level Agreements (SLAs). This is when the software provider includes guarantees, such as a specific percentage of system uptime and other performance guarantees.
  • Termination. Both parties will want clarity about how long the agreement will last and how they can end it should this be required. There should also be post-termination duties explained, such as what should be done with the data.
  • Add-ons. The agreement should include features that are included in the subscription as well as any add-ons that will be paid for or included in an upgrade.

What are Tips for SaaS Agreement Drafting?

Besides key terms that are typically included in a SaaS agreement, there are important tips to consider when drafting it.

Consider Support and Maintenance

The SaaS agreement should explain what happens when there are issues faced by the customer and list the channels they can use to resolve the problem.

There should also be clarity for how the software provider will deal with maintenance, such as notification periods provided to prevent work disruptions.

Be Wary of Auto-Renewals

Some SaaS agreements will automatically renew your subscription unless you remember to cancel it within a specific timeframe. This is usually 60-90 days prior to the renewal. It’s important to include in the contract to avoid getting stuck in a long-term agreement.

Provide In-Depth SLAs

SLAs should provide information about what guarantees the vendor gives to the customer, but they should include transparency about how they will measure uptime and compensate customers if they don’t fulfill their obligations.

Get Payment Clarity

Include clear, specific payment terms. These include the following:

  • Due dates. When the payments need to be made must be clear to prevent uninterrupted usage.
  • Acceptable methods. The provider should specify what payment methods are accepted to prevent confusion or delays.
  • Penalties. If payments aren’t made on time, there should be consequences included, such as penalties.

Ensure Adequate Privacy and Data Protection

Software providers must clarify all the measures they’ll use to protect customer information and data, such as via encryption.

If the contract is terminated early, the agreement must explain what happens to customer data afterward, such as if it’s the customer’s duty to delete it to prevent exposing sensitive information.

How Can a Lawyer Help with SaaS Agreement Drafting?

DIY contract drafting can cause you to overlook important clauses such as indemnities which can put you at risk. Hiring a lawyer to draft your SaaS agreement is worth it because they have the expertise and experience to provide a tailored, balanced contract.

Here are some ways in which they will assist you with the drafting process:

  • They’ll customize the agreement according to your working relationship, situation, and requirements so that it prioritizes your interests.
  • They’ll write all terms and clauses so that they’re simple and specific to avoid misinterpretations.
  • They’ll reduce your legal risks, such as by establishing clear data protection duties.
  • They’ll identify any issues that can result in disputes, such as one-sided protections and intellectual property (IP) ownership.
  • They’ll ensure that the agreement is compliant with all laws and industry regulations.
  • They’ll prevent generic templates that can fail to address your specific rights and risks.
  • They’ll assess the future of your working relationship and agreement, such as if you might wish to upgrade the services and how this can occur.

Where to Find a Lawyer to Draft a SaaS Agreement

If you need to hire a lawyer to draft your SaaS agreement, you don’t have to cold-call traditional law firms or ask around for someone reputable. Using online legal platforms can make the process much easier.

On ContractsCounsel, one of the largest online legal marketplaces, you’ll have access to a curated network of vetted lawyers who can help you draft your SaaS agreement so that it’s clear, balanced, and legally protects you.

To request that a vetted lawyer on ContractsCounsel writes your SaaS agreement, follow these simple steps.

1. Visit the ContractsCounsel marketplace, where you can post your project for free.

2. Include a few details of what you require so you’ll be directed to the most suitable lawyer.

3. You’ll receive multiple bids from lawyers directly on the platform.

4. Review the lawyers' profiles based on data provided by the platform, such as their location, client ratings, years of experience, and field of expertise.

5. Hire a lawyer you think is best suited to your requirements to draft your SaaS agreement so it’s clear and legal. They can also review your contract to keep it updated and valid.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a SaaS Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,496 reviews

Meet some of our Lawyers

Ricardo A. on ContractsCounsel
View Ricardo
4.8 (16)
Member Since:
December 24, 2024

Ricardo A.

Associate General Counsel
Free Consultation
San Antonio, Texas
24 Yrs Experience
Licensed in DC, TX
Interamerican Law School

Ricardo Aponte Parsi is a real estate and corporate counsel with a 22+-year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. Trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Collaborative team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He obtained a bachelor's degree from Syracuse University (1994) with a major in International Relations and his law degree from the Interamerican University of Puerto Rico School of Law (2000). In May 2014, he completed a Master of Laws from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. at Georgetown University Law School in Securities and Financial Regulation. In 2022, he completed a certification in Privacy Law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the Chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, he has worked as an attorney-advisor for the United States Air Force Installations, Energy and Environmental Law Division (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas.SAF/GCN provides legal and policy advice to members of the Secretariat, the Air Staff, and the Space Staff on virtually all matters relating to the Department’s 180 installations, nearly 10 million acres of real estate, Base Realignment, and Closure; annual $7 billion installation and operational energy budgets; annual multibillion-dollar military construction program; $8.3 billion military privatized housing portfolio; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health. The Division advises the Center of Excellence for Environment, Facilities, and Installations and the Energy, Environmental, and Installations Directorates within the Air Force Civil Engineer Center. Experienced with estate planning, wills, trusts, prenuptial agreements and powers of attorney.

Recent  ContractsCounsel Client  Review:
5.0

"Ricardo was excellent. His review was thorough and practical, with clear explanations and concrete wording we could use right away .I'd gladly work with him again."

Nichelle W. on ContractsCounsel
View Nichelle
5.0 (3)
Member Since:
August 12, 2026

Nichelle W.

Business & Contracts Attorney | Outside General Counsel | Sports, Entertainment, Employment & Estate Planning
Free Consultation
Ocala, Florida
5 Yrs Experience
Licensed in FL
Nova Southeastern University Shepard Broad College of Law (J.D., summa cum laude, top 5%)

I help business owners, founders, employers, athletes, creators and families get contracts and legal documents done right the first time, at a flat fee agreed before any work starts. I am licensed in Florida (2021) and Washington, D.C. (2022). I practice as a business and contracts attorney and outside general counsel with Amethyst Law Group, and previously served as Florida Managing Attorney at Lento Law Group. Before that I sat on the business side of the table as General Manager and General Counsel of a professional basketball organization and as Deputy Commissioner of a start-up sports league, so I have negotiated, drafted and enforced the same agreements I now prepare and review for clients: sponsorship and vendor deals, player, coaching and staff contracts, employment and independent contractor agreements, licensing and brand deals. What I handle on ContractsCounsel: - Contract drafting, review and redlining: service agreements, MSAs, NDAs, vendor and supplier agreements, sponsorship, licensing, endorsement and brand deals - Business formation and governance: LLCs and corporations, operating agreements, bylaws, partnership and shareholder agreements, founder and equity arrangements - Employment and hiring: offer letters, employment agreements, independent contractor agreements, non-compete and confidentiality agreements, separation and severance agreements, handbooks and policies - Sports, entertainment and creator agreements: athlete representation, NIL, sponsorship, appearance, management and agency agreements (licensed FIBA agent) - Real estate: purchase and sale agreements, residential and commercial leases, contract review before you sign - Wills, trusts, powers of attorney and estate planning documents - Demand letters, cease and desist letters and pre-dispute contract enforcement - Ongoing outside general counsel support for small and growing businesses How I work: Every project starts with a fixed price and a delivery date you can plan around. You receive a plain-English summary of what the document does, what I changed and why, and any risks you should know about, not just a marked-up file. Two rounds of revisions are included so the final draft is exactly what you need, and I respond to messages the same business day. Credentials: J.D., Nova Southeastern University Shepard Broad College of Law, summa cum laude, top 5% of class, Senior Editor of the Southern Journal of Policy and Justice, Dean's Certificate of Professionalism, 300+ pro bono hours; M.S. Forensic Psychology (4.0 GPA); M.S.Ed. Sports Administration, University of Miami; B.A. English Language and Literature, Southern New Hampshire University. Recognized as an Elite Lawyer recipient. Malpractice insurance carried. Litigation background: first-chair trial attorney with experience in business, employment, real estate, consumer protection and family matters. I draft every contract with a clear view of how it will hold up if it is ever tested.

Recent  ContractsCounsel Client  Review:
5.0

"I had a great experience working with Nichelle! She was knowledgeable, clear, helpful and flexible throughout the process. She was able to work with my timeline and explain legal issues in an easily understandable way. I would recommend her services."

Daliah S. on ContractsCounsel
View Daliah
5.0 (1)
Member Since:
September 1, 2021

Daliah S.

Principal Attorney
Free Consultation
Chicago, IL
22 Yrs Experience
Licensed in IL
University of Illinois College of Law

Daliah Saper operates a cutting-edge internet and social media law practice that regularly leads local and national media outlets to solicit her commentary on emerging internet law issues involving cyberbullying, sexting, catfishing, revenge porn, anonymous online defamation, domain name and user-name squatting, privacy, and the latest business decisions made by social media platforms such as Facebook, Twitter and YouTube. As a litigator Daliah represents companies bringing or defending business and intellectual property disputes. (She has argued cases in a number of jurisdictions including taking a case all the way to the Illinois Supreme Court.) As a transactional lawyer she helps clients choose the right business entity, drafts contracts and licensing agreements, advises on sweepstakes and contest rules, and ensures website terms of use and privacy policies are compliant, and provides comprehensive trademark and copyright counseling. Since founding Saper Law Offices in 2005, Daliah has been named a 40 Under 40 by Law Bulletin Publishing Co., a top Media & Advertising attorney by Super Lawyers Magazine 14 years in a row, and has been repeatedly recognized as a leading media and entertainment lawyer by Chambers and Partners. For the past eleven years, she also has taught entertainment and social media law at Loyola University Chicago School of Law.

Recent  ContractsCounsel Client  Review:
5.0

"Excellent! I couldn't be more satisfied with their professionalism and prompt service."

Anjali S. on ContractsCounsel
View Anjali
5.0 (1)
Member Since:
July 15, 2020

Anjali S.

Counsel
Free Consultation
New York, NY
15 Yrs Experience
Licensed in CA, FL, NY
NYU School of Law

Attorney licensed in California, New York, and Florida with over a decade of experience in technology transactions, data privacy, and intellectual property. I advise businesses on drafting, reviewing, and negotiating commercial agreements, including SaaS agreements, master services agreements (MSAs), vendor and procurement contracts, data processing agreements (DPAs), and intellectual property licensing arrangements. I hold the CIPP/US and CIPP/E privacy certifications and regularly support clients on matters involving data use, privacy considerations, and contract structuring in technology-driven business relationships. My approach is practical and business-focused, with an emphasis on clear guidance, efficient negotiation, and helping clients move forward with confidence.

Recent  ContractsCounsel Client  Review:
5.0

"Anjali is beyond sharp, responsive, and--most importantly for my project--highly knowledgable in the entertainment and intellectual property spaces. I'd work with her again in a second."

Jen D. on ContractsCounsel
View Jen
5.0 (1)
Member Since:
October 29, 2025

Jen D.

Business Lawyer General Counsel
Free Consultation
NJ, USA
28 Yrs Experience
Licensed in NJ, NY
Villanova

I’m a business attorney with 25+ years of experience helping companies and creators protect their brands and get deals done right. After two decades working in-house for consumer product companies, I know how to balance legal protection with real-world business needs—and I bring that practical approach to every contract I handle.

Find the best lawyer for your project

Browse Lawyers Now

See Real SaaS Agreement Projects

California Review first contract for startup (pilot for enterprise SaaS) Review
  • California
  • 6 lawyer bids
  • $200 - $2,500
View Details
Delaware A SaaS agreement for a software company based in Delaware Drafting
  • Delaware
  • 6 lawyer bids
  • $495 - $1,395
View Details
Delaware B2B SaaS Contract for location-based VR Business Drafting
  • Delaware
  • 12 lawyer bids
  • $750 - $3,000
View Details
Georgia Review competitor SaaS contract with 36 month term (to find a way to break it) Review
  • Georgia
  • 7 lawyer bids
  • $180 - $1,000
View Details
South Carolina SaaS Service Agreement Drafting Drafting
  • South Carolina
  • 11 lawyer bids
  • $500 - $1,500
View Details
California Review of SaaS Platform Pilot - Paid Partner Agreement Drafting
  • California
  • 11 lawyer bids
  • $100 - $4,000
View Details

See all SaaS Agreement projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a SaaS Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,496 reviews
CONTRACT LAWYERS BY TOP CITIES
See All SaaS Lawyers
SAAS AGREEMENT DRAFTING LAWYERS BY CITY
See All SaaS Agreement Drafting Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a SaaS Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,496 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city