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Terms of Service Agreement (TOS)

You can develop Terms of Service Agreement (TOS) that let your software business grow with our experienced and creative advice. Typically, improvements that SaaS Vendors can make to their existing terms include, inserting a balanced mechanism that supports their data-driven business model, enough flexibility to allow for continuous software developments and change of functionality of the service - while balancing the customer's interests to buy the service.

Terms of Service Agreement (TOS) is a contract that regulates the use of a piece of software, web-based services and products. TOS are similar to EULAs but TOS are typically used to provide IT services to business users.

Important business issues to consider in TOS:

  • Service functionality warranties - what functionality is "stable" and will not change over time?
  • IPR ownership warranties - control over the code, proprietary, third party code and/or open-source?
  • Modification of terms - where to draw the line on how the service offering can evolve over time?
  • Updates to the service
  • Accountability and Limitation of liability - the balance between the price level of the service and the level of accountability offered by the SaaS vendor.
  • Management of liquidity - payment terms, when are service charges and other fees due?

Price example project – System Vendors hire us to develop their Terms of Service for a standard business-to-business (B2B) offering with non-sensitive data or to non-regulated market, with two iterations of the documents, we have offered price estimates for our work in the range of SEK 15k – 25k (exclusive of VAT).

 

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