August 2, 2018

SaaS Question: how to create terms and conditions?

hi,

in my case i plan to launch a SaaS project. Of course mvp and totally agile and everything. but when the first customers onboard, then they have to accept terms and close a contract with me.

So I need terms for this contract. But I do not want to hire a lawyer, as i do not store any special data except the email address.

So I wanted to ask how you usually handle the terms for your software projects.

(I do business from germany, if that's important. )


  1. 4

    I'm working on a project for fun, and it makes little money, so I didn't want to hire a lawyer or anything.

    I stumbled upon Automattic's (Maker of Wordpress) Privacy Policy: https://automattic.com/privacy/

    In it, you'll see "We’ve decided to make this Privacy Policy available under a Creative Commons Sharealike license. You can grab a copy of this Privacy Policy and other legal documents on Github. You’re more than welcome to copy it, adapt it, and repurpose it for your own use."

    So that's what I did. I read over it all and obviously changed things to fit my site, but it seems like a really well-done privacy policy.

  2. 2

    IANAL but I use the open source ToS from Automattic. I get the ToS from this github repo https://github.com/Automattic/legalmattic and tailor it to my needs.

  3. 2

    Without hiring an actual lawyer, all you'll end up with is either boilerplate stuff, or someone else's terms+conditions.

    For Pagestead, we initially went with boilerplate legal docs (premium priced ones, from Termsfeed). However, once we started growing and signing on more and more businesses, we couldn't get around hiring a lawyer and making sure we properly covered our bases.

    If you can afford it, and are planning to stick with your project/business longterm, I'd advice to hire a lawyer and get it done right.

    Final thought, be sure you spend sufficient time on drafting a proper privacy statement as well, especially if you're B2C. Big deal in the EU.

    1. 1

      Thanks very much. I do not underestimate this thing. It just needs to be appropriate in effort, regarding that I am first starting out with this project.

  4. 1

    I just adapted them from the most similar product I could find that encouraged it. I've done this for every project actually, mostly adapting from https://automattic.com/privacy/. Make sure to read them carefully first of course, and think about what you need to put in yours.

    One caveat - I think it actually might be important that you do business from Germany. As I understand it, Germany has among the most strict privacy regulations in the world, so you might want to double check the law before adapting e.g. a US company's terms or privacy policy.

  5. 1

    www.lawvolcano.com will launch soon and addresses this issue

  6. 1

    You can find low cost lawyers on Upwork to help you, I can link to the one I used if you want

  7. 1

    For my privacy policy, I use Iubenda. Policies and cookie notice in multiple languages.

    For terms and conditions, I used a template from seqlegal.com ... it was a English law template, so probably no use to you, but there must be German equivalents.

    You should also have a page with your details: company name, registration, contact, registered address, VAT number, etc. I think this is referred to as "imprint" in German?

    1. 1

      yes, exactly.

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