Define: Digital Services
In a contract, Digital Services refers to internet-enabled offerings, such as software, platforms, hosting, apps, or online content, that a provider delivers and a customer accesses electronically rather than in physical form. The term sets the scope of what is being supplied, triggering related obligations around uptime, data handling, security, support, and acceptable use throughout the agreement.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What Digital Services Means in a Contract
Digital Services is a defined term used to describe any service that is created, delivered, and consumed through digital infrastructure rather than in person or through physical goods. This can include software applications, cloud platforms, streaming content, online marketplaces, digital communications tools, or data processing services. Contracts use this term to draw a clear boundary around what falls under the agreement's scope, separating it from tangible products or purely offline services.
Because the phrase is broad by nature, most agreements attach a specific definition clause that lists examples or categories of services covered. This prevents ambiguity about whether, for instance, a mobile application update, a customer support chatbot, or a data storage feature counts as part of the Digital Services being provided. The definition often ties directly into other operative clauses, such as those governing fees, service levels, and termination rights.
In many commercial relationships, Digital Services sits alongside related concepts like software licensing, hosting, or a Relevant Circumstances
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