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SaaS EULA

SaaS EULA Template for Malaysia

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Key Requirements PROMPT example:

SaaS EULA

"I need a SaaS EULA for my enterprise-level project management software launching in Malaysia by March 2025, with strong data protection clauses and specific provisions for handling government client data."

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Document background
This SaaS EULA is essential for any software company providing cloud-based services to users in Malaysia. The document should be used when deploying software services to Malaysian users, whether individual consumers or business entities. The agreement comprehensively covers service access rights, usage terms, data protection requirements, and compliance with Malaysian legislation. As a SaaS EULA, it specifically addresses cloud-based delivery models and includes provisions for service availability, data handling, and user obligations. The document integrates requirements from Malaysian data protection, consumer protection, and electronic commerce laws, making it suitable for both local and international software providers operating in the Malaysian market.
Suggested Sections

1. Parties: Identification of the service provider and the user/licensee

2. Background: Brief context about the software service and purpose of the agreement

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

4. Grant of License: Scope of the license, permitted uses, and access rights to the software service

5. Service Access and Availability: Terms regarding access to the service, availability, and maintenance

6. User Obligations: User responsibilities, acceptable use policy, and account security requirements

7. Data Protection and Privacy: Compliance with PDPA and handling of personal data

8. Intellectual Property Rights: Protection of IP rights, ownership of data, and restrictions

9. Fees and Payment: Payment terms, pricing, and billing arrangements

10. Term and Termination: Duration of agreement, renewal terms, and termination rights

11. Warranties and Disclaimers: Service warranties and limitations

12. Limitation of Liability: Liability caps and exclusions

13. Confidentiality: Protection of confidential information

14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions

Optional Sections

1. Service Level Agreement: Detailed service levels and performance metrics - include if specific uptime guarantees or performance standards are offered

2. Third-Party Integrations: Terms regarding integration with third-party services - include if the software interfaces with other services

3. Professional Services: Terms for additional services like implementation or training - include if offering professional services

4. Disaster Recovery: Disaster recovery and business continuity provisions - include for enterprise or critical applications

5. Insurance: Insurance requirements - include for enterprise clients or high-risk services

6. Export Control: Export control compliance - include if service may be used internationally

7. Anti-Corruption: Anti-corruption and compliance provisions - include for enterprise or government clients

Suggested Schedules

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

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

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

4. Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA

5. Acceptable Use Policy: Detailed rules and restrictions for service usage

6. Technical Requirements: Minimum technical specifications and requirements for using the service

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 User
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Fees
Intellectual Property Rights
Personal Data
Platform
Service Credits
Service Level Agreement
Services
Software
Subscription Period
Support Services
System Requirements
Third Party Components
Updates
User Account
User Terms
Service Provider
Maintenance Window
Access Credentials
API
Authorized Device
Bandwidth
Business Hours
Customer Content
Data Processing Agreement
Downtime
Emergency Maintenance
Error
Force Majeure Event
Implementation Services
License
Malicious Code
Modifications
Payment Terms
Privacy Policy
Professional Services
Response Time
Security Policy
Service Availability
Subscription Fee
Term
Territory
Uptime
Usage Data
User Documentation
Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Professional Services

Manufacturing

Telecommunications

E-commerce

Government

Consulting

Media and Entertainment

Relevant Teams

Legal

Information Technology

Product Development

Compliance

Sales

Customer Success

Information Security

Business Development

Risk Management

Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Product Manager

Compliance Officer

IT Director

Sales Director

Contract Manager

Privacy Officer

Business Development Manager

Customer Success Manager

Information Security Manager

Industries
Personal Data Protection Act 2010: Malaysia's primary data protection legislation that regulates the processing of personal data in commercial transactions
Consumer Protection Act 1999: Provides protection to consumers including provisions about unfair contract terms, warranties, and guarantees
Electronic Commerce Act 2006: Governs electronic transactions and digital contracts in Malaysia
Contracts Act 1950: The fundamental law governing contract formation, validity, and enforcement in Malaysia
Copyright Act 1987: Protects software and related intellectual property rights
Computer Crimes Act 1997: Addresses unauthorized access and usage of computer systems and software
Digital Signature Act 1997: Regulates the use of digital signatures in electronic transactions
Communications and Multimedia Act 1998: Regulates communications and multimedia activities including online service providers
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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