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Software Subscription Agreement Template for Switzerland

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Key Requirements PROMPT example:

Software Subscription Agreement

"I need a standard Software Subscription Agreement for my cloud-based project management software that we'll be offering to small and medium businesses in Switzerland, with basic data protection clauses and standard service level commitments."

Document background
This Software Subscription Agreement template is designed for use under Swiss law when establishing a contractual relationship for the provision of software services on a subscription basis. It is particularly relevant in today's digital economy where software is increasingly delivered as a service rather than a one-time purchase. The agreement incorporates essential elements required under Swiss contract law (Code of Obligations) and data protection legislation (FADP), making it suitable for both domestic and international business relationships where Swiss law is the chosen governing law. The document addresses critical aspects including service levels, data protection, intellectual property rights, and liability provisions, while ensuring compliance with Swiss regulatory requirements. It is structured to protect both the software provider's interests and the subscriber's rights, providing a balanced framework for ongoing software service delivery.
Suggested Sections

1. Parties: Identification of the contracting parties - software provider and subscriber

2. Background: Context of the agreement and brief description of the software service

3. Definitions: Key terms used throughout the agreement

4. Subscription Grant: Scope of subscription, access rights, and usage limitations

5. Subscription Fees: Payment terms, fee structure, and billing procedures

6. Service Levels: Performance standards, availability commitments, and support services

7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

8. Data Protection: Data processing terms, privacy obligations, and FADP compliance measures

9. Intellectual Property Rights: IP ownership, licenses, and restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration, renewal terms, and termination rights

12. Warranties and Disclaimers: Service warranties and limitations aligned with Swiss law

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. General Provisions: Miscellaneous legal terms including governing law and jurisdiction

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are provided

2. Third-Party Integrations: Include when the software interfaces with third-party services

3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments

4. Export Control: Include when software is subject to international trade restrictions

5. Insurance: Include when specific insurance coverage requirements exist

6. Source Code Escrow: Include when source code escrow arrangements are required

7. Multi-tenant Provisions: Include for shared infrastructure deployments

8. Audit Rights: Include when usage monitoring and audit rights are required

Suggested Schedules

1. Service Description: Detailed description of the software functionality and features

2. Service Level Agreement: Detailed performance metrics, response times, and remedies

3. Fee Schedule: Detailed pricing, payment terms, and calculation methods

4. Technical Requirements: Required hardware, software, and network specifications

5. Support Services: Support levels, procedures, and contact information

6. Data Processing Agreement: Detailed data protection terms and processing specifications

7. Security Requirements: Security standards, measures, and compliance requirements

8. Acceptable Use Policy: Detailed rules and restrictions for software usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses












































Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Insurance

Banking

Pharmaceuticals

Energy

Transportation

Government

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Finance

Risk Management

Vendor Management

Operations

Software Development

Data Protection

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Information Security Officer

Data Protection Officer

Contract Manager

Vendor Management Lead

IT Operations Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Business Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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