The Software Subscription Agreement serves as the primary contractual framework for software-as-a-service providers operating under Belgian law. This document is essential when establishing a recurring subscription model for software access and usage, whether for business-to-business or business-to-consumer relationships. It addresses critical aspects such as service delivery, data protection, and user rights while ensuring compliance with Belgian legal requirements and EU regulations, including GDPR and the Digital Content Directive. The agreement is particularly important in the context of cloud-based services, SaaS solutions, and digital platform subscriptions, providing comprehensive coverage of operational, technical, and legal aspects of the software subscription relationship.
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1. Parties: Identification of the contracting parties - software provider and subscriber
2. Background: Context of the agreement and brief description of the software service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Subscription Grant: Terms of the subscription license, scope of use, and access rights
5. Service Provision: Description of the software services, functionality, and delivery method
6. Subscription Fees: Payment terms, fee structure, and billing arrangements
7. Term and Renewal: Duration of the agreement and renewal provisions
8. User Access and Security: Requirements for user authentication, access controls, and security measures
9. Data Protection: GDPR compliance, data processing terms, and data security obligations
10. Service Levels: Performance standards, availability commitments, and support services
11. Intellectual Property Rights: IP ownership, licenses, and restrictions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Disclaimers: Service warranties and limitations
14. Liability and Indemnification: Limitation of liability and indemnification obligations
15. Termination: Termination rights, process, and consequences
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Professional Services: Include when implementation, configuration, or training services are provided
2. Third-Party Integrations: Include when the software integrates with third-party services or requires third-party licenses
3. Disaster Recovery: Include for critical enterprise applications requiring specific disaster recovery commitments
4. Audit Rights: Include for enterprise agreements or when handling sensitive data
5. Customer Success: Include when offering dedicated customer success management services
6. Beta Services: Include when providing access to beta or preview features
7. High-Risk Activities: Include when software could be used in high-risk or regulated industries
8. Insurance: Include for enterprise agreements or high-value contracts
1. Schedule 1 - Service Description: Detailed description of the software functionality and features
2. Schedule 2 - Service Level Agreement: Detailed service levels, support times, and performance metrics
3. Schedule 3 - Subscription Fees: Detailed fee structure, pricing tiers, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and security measures
5. Schedule 5 - Technical Requirements: Software technical specifications and system requirements
6. Schedule 6 - Support Services: Description of support services, processes, and escalation procedures
7. Appendix A - Authorized Users: Definition and restrictions on authorized users and access rights
8. Appendix B - Security Policy: Information security requirements and procedures
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