Subscription Contract for the United States

Subscription Contract Template for United States

A Subscription Contract is a legally binding agreement that establishes the terms and conditions for recurring service provision between a service provider and a subscriber. Under U.S. law, this document outlines the nature of services, payment terms, duration, renewal conditions, and termination rights. It includes provisions for data protection, service levels, and compliance with federal and state-specific regulations, particularly regarding automatic renewals and electronic transactions. The contract ensures clear understanding of rights and obligations while maintaining compliance with applicable U.S. consumer protection laws.

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What is a Subscription Contract?

The Subscription Contract serves as the primary legal framework for businesses offering recurring services or products in the United States. This contract type is essential for establishing clear terms between service providers and subscribers, covering crucial elements such as service delivery, payment obligations, and termination rights. The agreement must comply with various federal and state regulations, particularly regarding automatic renewals, electronic transactions, and consumer protection. Typically used in software, media, retail, and professional services industries, the Subscription Contract has become increasingly important with the growth of subscription-based business models. It should address specific jurisdictional requirements while maintaining flexibility for different service types and business needs.

What sections should be included in a Subscription Contract?

1. Parties: Identifies the service provider and subscriber with full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Services Description: Detailed description of the subscription services being provided

5. Payment Terms: Subscription fees, payment schedule, and payment methods

6. Term and Termination: Duration of subscription, renewal terms, and termination conditions

7. Service Level Commitments: Performance standards and service availability guarantees

8. Data Protection and Privacy: How user data will be handled, stored, and protected

What sections are optional to include in a Subscription Contract?

1. Free Trial Terms: Terms governing any trial period offered before paid subscription begins

2. Usage Limitations: Specific restrictions and limitations on service usage and access

3. Service Credits: Compensation mechanisms for service level failures or interruptions

4. White Label Provisions: Terms and conditions for rebranding and reselling services

What schedules should be included in a Subscription Contract?

1. Service Level Agreement (SLA): Detailed service performance metrics and guarantees

2. Pricing Schedule: Detailed breakdown of pricing tiers and features

3. Technical Requirements: Technical specifications and requirements for service use

4. Data Processing Agreement: Detailed terms for handling personal data

5. Acceptable Use Policy: Guidelines and restrictions for acceptable use of 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Industries

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

UETA: Uniform Electronic Transactions Act providing legal framework for electronic transactions and signatures at state level

FTC Act: Federal Trade Commission Act governing unfair or deceptive trade practices in commerce

Consumer Review Fairness Act: Federal law protecting consumers' right to share honest reviews of products and services

ADA: Americans with Disabilities Act requiring accessibility considerations for public-facing services

CCPA: California Consumer Privacy Act providing California residents with data privacy rights and control over their personal information

COPPA: Children's Online Privacy Protection Act regulating the collection of personal information from children under 13

CAN-SPAM Act: Federal law setting rules for commercial email practices and giving recipients the right to opt out

State Contract Laws: Various state-specific requirements for contract formation, enforcement, and consumer protection

PCI DSS: Payment Card Industry Data Security Standard for organizations handling credit card information

HIPAA: Health Insurance Portability and Accountability Act protecting sensitive patient health information

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain information-sharing practices and protect sensitive data

Automatic Renewal Laws: State-specific laws governing subscription renewals and requiring clear disclosure of renewal terms

DMCA: Digital Millennium Copyright Act addressing copyright issues in digital content and services

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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