SaaS / Software Terms of Service

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Business & Platform Identity›Acceptance & Contract Formation›Service Description & Subscription Plans…

Business & Platform Identity13 questions

1. What is the exact legal name of your company (as registered with the state)?

2. Do you operate under a DBA, brand name, or trade name different from your legal entity name?optional

3. What is the SaaS provider's legal entity type?

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4. What is the name of your SaaS product?

5. What is the primary URL where users access your service?

6. List any additional product URLs (app, API, docs, status page, mobile app stores) - one per line.optional

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7. What email address (or mailing address) should receive formal legal notices?

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8. What is the general support email or URL for non-legal inquiries?optional

9. What email address handles privacy requests (GDPR/CCPA access, deletion, opt-out)?optional

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10. What is the effective date of these Terms of Service (for new users)?

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11. Which U.S. state's law governs this agreement?

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12. Who are the primary users or customers of your platform? Select all that apply.

13. How do customers enter into a contract with you? Select all that apply.

Acceptance & Contract Formation3 questions

14. How does a user formally accept these Terms? Select all that apply.

15. How will you notify users of material changes to the Terms, and when do changes take effect for existing users?

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16. List the external policies incorporated by reference into the Terms (name and URL for each), one per line.optional

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Service Description & Subscription Plans8 questions

17. Describe your SaaS product's core functionality and the primary workflows it supports.

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18. What pricing models do you offer? Select all that apply.

19. What type of right do users receive to access and use the service?

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20. Do you offer a permanently free tier (not time-limited)?

21. Do you offer a free trial period before requiring payment?

22. Does your platform support organizations, workspaces, or multi-seat accounts with multiple users?

23. Does your platform connect to third-party apps, data sources, or services (integrations, OAuth connections, webhooks)?

24. Do you offer professional services alongside the SaaS subscription (implementation, onboarding, training, consulting, custom development)?optional

Account Registration & Security5 questions

25. What is the minimum age to create an account?

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26. Is your service directed to children under 13, or do you knowingly allow children under 13 to register?

27. Does your platform support Single Sign-On (SSO) or social login via third-party identity providers (e.g., Google, Microsoft, Okta, SAML)?

28. Who is responsible for all activity occurring under a user's account?

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29. What security obligations do users have under the Terms? Select all that apply.

Acceptable Use Policy5 questions

30. Which categories of content or conduct are expressly prohibited on your platform? Select all that apply.

31. Are there high-risk use cases that are expressly prohibited because the service is not designed or tested for them? Select all that apply.

32. What enforcement rights do you reserve for AUP violations? Select all that apply.

33. Does your platform host or allow users to upload content that could include third-party copyrighted material?

34. Do you restrict access to users in OFAC-sanctioned countries or on restricted-party lists?

Subscription Billing & Auto-Renewal6 questions

35. How do customers pay you - and who is the merchant of record?

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36. Do your subscriptions auto-renew at the end of each billing period?

37. What happens when a user cancels their subscription?

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38. What refund policy applies to subscription fees?

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39. How are taxes, VAT/GST, and similar charges handled?

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40. How many days do you give users to resolve a failed payment before suspending their account?

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Support, Maintenance & Availability3 questions

41. What support channels do you offer? Select all that apply.

42. Do you reserve the right to perform scheduled maintenance that may cause downtime?

43. Do you reserve the right to modify, replace, or discontinue features of the service?

Uptime & Service Availability1 question

44. Do you commit to any uptime service level agreement (SLA)?

Data Ownership & License9 questions

45. Who owns the content and data that users upload or create in your platform?

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46. What license does the customer grant you to use their content to operate and provide the service?

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47. May you freely use feedback, suggestions, or feature requests users submit without compensation or restriction?

48. What sensitive or regulated data is prohibited on your platform unless expressly authorized in a separate agreement? Select all that apply.

49. Do you collect, own, and use platform usage analytics and behavioral telemetry (clickstreams, feature usage, session data)?

50. Do you use aggregated or de-identified data derived from customer content for benchmarking, product development, or published industry reports?

51. Do you use customer content, personal data, prompts, or outputs to train or fine-tune AI/ML models?

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52. Does your service generate outputs, reports, AI-generated content, recommendations, or analytical results for users?

53. What backup and data-restoration obligations do you commit to?

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Privacy, GDPR & CCPA5 questions

54. Do you have a separate Privacy Policy governing data collection and processing, and where is it hosted?

55. Do you have users or customers in the European Union or United Kingdom?

56. Do you have users or customers in California?

57. What is your process for notifying customers of a security incident or data breach?

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58. Does your platform process financial customer data or serve customers who are financial institutions, making GLBA applicable?

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HIPAA1 question

59. Does your platform permit, or is it designed to store, process, or transmit Protected Health Information (PHI) as defined by HIPAA?

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API Usage1 question

60. Do you offer a public, partner, or developer API that allows programmatic access to your platform?

Beta Features & Deprecation2 questions

61. Do you offer beta, preview, experimental, or early-access features that may change or be discontinued?

62. What advance notice do you commit to before deprecating or making breaking changes to generally available (non-beta) features?

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Suspension, Termination & Data Deletion4 questions

63. How many days advance notice do you provide before terminating a good-standing account (e.g., product discontinuation, not AUP violations)?

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64. When you suspend an account, what may be suspended? Select all that apply.

65. After account termination or cancellation, how long is user data retained and available for export?

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66. Which provisions should survive expiration or termination of the Terms? Select all that apply.

Price Changes & Modifications2 questions

67. How many days advance notice do you provide before a price increase takes effect for existing subscribers?

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68. Do you offer any price-lock or grandfathered-rate guarantee to existing subscribers?

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Indemnity2 questions

69. Will customers be required to indemnify you against third-party claims arising from their use of the service? Select all covered categories.

70. Will you offer IP infringement indemnity to paid customers (defending them if a third party claims your service infringes its IP)?

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Disclaimers & Liability Limitation4 questions

71. What warranties do you disclaim, and are any limited warranties provided?

72. What is the maximum aggregate liability you will accept under this agreement?

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73. Do you exclude liability for indirect, consequential, incidental, special, and punitive damages?

74. Do you reserve the right to seek injunctive or other equitable relief for IP misuse, confidentiality breaches, or security violations?

Dispute Resolution4 questions

75. How should disputes be resolved?

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76. Do you require users to attempt informal resolution before initiating arbitration or litigation?

77. Do you include a class action and collective action waiver (users must bring claims individually)?

78. How do users formally assent to the Terms at the time of contracting?

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Confidentiality2 questions

79. Should the Terms include mutual confidentiality obligations covering nonpublic business, technical, pricing, or security information?

80. May you use customer names, logos, case studies, or testimonials for marketing purposes?optional

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General Terms4 questions

81. May either party assign the Terms, including in a merger, acquisition, or change of control?

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82. How must formal legal notices be sent by each party?

83. Do these Terms (plus incorporated documents) constitute the entire agreement between the parties on the subject matter?

84. Will this document be signed electronically?optional

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Required - please read and check this box to generate:ArtiEsq provides self-help legal information and document automation. ArtiEsq is not a law firm, does not provide legal advice, and use of this product does not create an attorney-client relationship. You are responsible for reviewing the document and determining whether you should consult a licensed attorney for legal advice about your specific situation.

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