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Subscription Service Agreement

Subscription Service Agreement Template for United States

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Key Requirements PROMPT example:

Subscription Service Agreement

"I need a Subscription Service Agreement for my new SaaS platform launching in March 2025, which will provide AI-powered analytics to enterprise customers in the EU and US, with specific emphasis on GDPR compliance and data security provisions."

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Document background
The Subscription Service Agreement serves as the primary contract governing the ongoing relationship between service providers and their subscribers in the United States. This document is essential when establishing recurring service arrangements, whether for digital platforms, software solutions, or content services. It outlines critical aspects such as service delivery, payment terms, usage rights, and termination conditions while ensuring compliance with federal and state regulations. The agreement is particularly relevant in today's subscription-based economy, where businesses increasingly rely on recurring revenue models.
Suggested Sections

1. Parties: Identifies and defines the contracting parties entering into the subscription service agreement

2. Background: Explains the context and purpose of the agreement, including the nature of the subscription service

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Services: Detailed description of the subscription services provided, including scope and delivery methods

5. Fees and Payment: Payment terms, pricing, billing procedures, and consequences of non-payment

6. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

7. Data Protection: Data handling procedures, privacy obligations, and security requirements

8. Intellectual Property: IP rights, ownership declarations, and licensing terms

9. Confidentiality: Protection of confidential information, including scope and duration of obligations

10. Limitation of Liability: Scope and limits of liability, including warranty disclaimers and damage caps

Optional Sections

1. Service Level Agreement: Performance metrics, service availability guarantees, and remedies for failure to meet standards

2. Professional Services: Terms governing additional services beyond the core subscription, such as implementation or consulting

3. Insurance: Insurance requirements and coverage obligations for both parties

4. Compliance: Industry-specific compliance requirements and regulatory obligations

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications and features of the subscription services

2. Service Level Agreement Schedule: Detailed performance metrics, response times, and service credit calculations

3. Pricing Schedule: Detailed pricing tiers, payment terms, and fee calculations

4. Data Processing Agreement: Comprehensive data handling procedures, security measures, and compliance requirements

5. Security Requirements: Technical security standards, protocols, and compliance procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
Clauses




















Industries

E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and electronic records in commerce

Computer Fraud and Abuse Act: Federal law addressing computer-related fraud and unauthorized access to protected computers and data

Digital Millennium Copyright Act: Federal copyright law addressing digital content protection and service provider liability

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive practices in commerce, including digital services

Americans with Disabilities Act: Federal law requiring accessibility accommodations, including for digital services and interfaces

California Consumer Privacy Act: State law protecting California residents' privacy rights and personal data

State Data Breach Laws: Various state-specific requirements for notification and handling of data breaches

GDPR Compliance: EU privacy regulation that may apply if serving European customers

COPPA: Federal law protecting children's privacy online for users under 13 years of age

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties and service agreements

Fair Credit Billing Act: Federal law regulating billing practices and dispute resolution for credit accounts

ROSCA: Federal law governing online shopping and negative option billing practices

Uniform Commercial Code: Standardized state laws governing commercial transactions and contracts

Electronic Fund Transfer Act: Federal law governing electronic money transfers and customer rights

PCI DSS: Industry security standard for organizations handling credit card information

HIPAA: Federal law protecting medical information privacy and security if handling healthcare data

GLBA: Federal law governing privacy and security requirements for financial institutions

State Contract Laws: Various state-specific requirements governing contract formation and enforcement

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

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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