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Software Subscription Agreement

Software Subscription Agreement Template for Belgium

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Key Requirements PROMPT example:

Software Subscription Agreement

"I need a Software Subscription Agreement for my SaaS platform that will be used by Belgian healthcare providers, with specific attention to patient data protection and GDPR compliance, planned to launch in March 2025."

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Document background
The Software Subscription Agreement serves as the primary contractual framework for software-as-a-service providers operating under Belgian law. This document is essential when establishing a recurring subscription model for software access and usage, whether for business-to-business or business-to-consumer relationships. It addresses critical aspects such as service delivery, data protection, and user rights while ensuring compliance with Belgian legal requirements and EU regulations, including GDPR and the Digital Content Directive. The agreement is particularly important in the context of cloud-based services, SaaS solutions, and digital platform subscriptions, providing comprehensive coverage of operational, technical, and legal aspects of the software subscription relationship.
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 being provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Subscription Grant: Terms of the subscription license, scope of use, and access rights

5. Service Provision: Description of the software services, functionality, and delivery method

6. Subscription Fees: Payment terms, fee structure, and billing arrangements

7. Term and Renewal: Duration of the agreement and renewal provisions

8. User Access and Security: Requirements for user authentication, access controls, and security measures

9. Data Protection: GDPR compliance, data processing terms, and data security obligations

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

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

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Disclaimers: Service warranties and limitations

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Termination: Termination rights, process, and consequences

16. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

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

2. Third-Party Integrations: Include when the software integrates with third-party services or requires third-party licenses

3. Disaster Recovery: Include for critical enterprise applications requiring specific disaster recovery commitments

4. Audit Rights: Include for enterprise agreements or when handling sensitive data

5. Customer Success: Include when offering dedicated customer success management services

6. Beta Services: Include when providing access to beta or preview features

7. High-Risk Activities: Include when software could be used in high-risk or regulated industries

8. Insurance: Include for enterprise agreements or high-value contracts

Suggested Schedules

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

2. Schedule 2 - Service Level Agreement: Detailed service levels, support times, and performance metrics

3. Schedule 3 - Subscription Fees: Detailed fee structure, pricing tiers, and payment terms

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and security measures

5. Schedule 5 - Technical Requirements: Software technical specifications and system requirements

6. Schedule 6 - Support Services: Description of support services, processes, and escalation procedures

7. Appendix A - Authorized Users: Definition and restrictions on authorized users and access rights

8. Appendix B - Security Policy: Information security requirements and procedures

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Normal Business Hours
Personal Data
Platform
Professional Services
Renewal Term
Service Credits
Service Levels
Services
Software
Subscription
Subscription Term
Support Services
System Requirements
Term
Third-Party Software
Updates
Upgrades
User Credentials
Virus
Vulnerability
Planned Maintenance
Processing
Controller
Processor
Data Protection Laws
Service Description
Authorized Reseller
Beta Services
Business Hours
Configuration
Custom Development
Data Breach
Disaster Recovery Plan
Emergency Maintenance
Enterprise User
Error
Good Industry Practice
Help Desk
Implementation Services
Incident
Integration
License Metrics
Maintenance Release
Malicious Code
Order Form
Response Time
Resolution Time
Security Policy
Service Environment
Service Provider
SLA
Specifications
Standard User
Start Date
Subscriber
Technical Support
Usage Data
User Interface
Clauses
Grant of License
Access Rights
Service Provision
Service Levels
Support Services
Subscription Fees
Payment Terms
Term and Duration
Renewal
Data Protection
Data Processing
Security Requirements
User Access
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Maintenance and Updates
Service Availability
Acceptable Use
Compliance
Audit Rights
Technical Requirements
Implementation
Training
Documentation
Disaster Recovery
Business Continuity
Third-Party Services
Subcontracting
Assignment
Termination
Suspension Rights
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Insurance
Export Control
Anti-Corruption
Data Backup
Service Credits
Performance Monitoring
Reporting
Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Telecommunications

Government

Non-Profit

Entertainment

Media

Transportation

Energy

Construction

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Sales

Compliance

Information Security

Privacy

Operations

Product Management

Customer Success

Business Development

Risk Management

Technical Support

Account Management

Software Development

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Software Development Manager

Compliance Officer

Contract Manager

Chief Information Officer

Sales Director

Account Executive

Information Security Officer

Privacy Officer

Operations Manager

Product Manager

Customer Success Manager

Business Development Manager

Risk Manager

Technical Account Manager

Industries
Belgian Civil Code (Burgerlijk Wetboek/Code Civil): Fundamental law governing contracts, including formation, validity, and enforcement of contractual obligations in Belgium
Book XII of the Belgian Code of Economic Law: Governs electronic commerce and digital services, including requirements for online contracts and digital service provisions
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and imposes obligations regarding data protection in software services
Belgian Data Protection Act: National implementation of GDPR and additional data protection requirements specific to Belgium
Book VI of the Belgian Code of Economic Law: Contains provisions on consumer protection and fair commercial practices that may apply to B2C software subscriptions
EU Copyright Directive: Governs software copyright protection and licensing in the EU, including Belgium
Belgian Copyright Act: National law protecting intellectual property rights, including software and digital content
EU Consumer Rights Directive: Provides framework for consumer rights in digital content and service contracts
EU Digital Content Directive: Specific rules for contracts concerning digital content and digital services
Belgian Electronic Communications Act: Regulates electronic communications and services, including aspects of software service delivery
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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