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Free SaaS Master Services Agreement (MSA) Template

Enterprise SaaS Master Services Agreement (MSA) template with data protection, service levels, liability caps, and subscription terms. Pro-grade boilerplate vetted by certified domain experts. Use it as a raw document, or automate it in Glomiq to eliminate manual copy-pasting.

Verified Compliance Document
Vetted by: Ashay Shah
GLOMIQ DRAFT
SOFTWARE-AS-A-SERVICE (SAAS) MASTER SERVICES AGREEMENT
This Master Services Agreement ("Agreement" or "MSA") is effective as of [EFFECTIVE_DATE] between [PROVIDER_NAME], with its principal office at [PROVIDER_ADDRESS] ("Provider"), and [CUSTOMER_NAME], with its principal office at [CUSTOMER_ADDRESS] ("Customer").
1. SUBSCRIPTION SERVICES
(a) Access Grant: Subject to the terms of this Agreement, Provider grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the SaaS platform known as [PLATFORM_NAME] (the "Service") during the Subscription Term solely for Customer's internal business operations.
(b) Authorized Users: The Service may be accessed by up to [AUTHORIZED_USER_COUNT] named users.
2. SERVICE LEVELS & UPTIME COMMITMENT
Provider shall use commercially reasonable efforts to ensure the Service is available at least [UPTIME_COMMITMENT_PERCENT: e.g. 99.9]% of the time during each calendar month, excluding scheduled maintenance windows notified at least [MAINTENANCE_NOTICE_HOURS] hours in advance.
3. FEES AND PAYMENT
Customer shall pay all subscription fees of $[SUBSCRIPTION_FEE_AMOUNT] on a [BILLING_FREQUENCY: monthly/annual] basis. Invoices are due within [PAYMENT_TERMS_DAYS] days of invoice date. Unpaid invoices accrue interest at [INTEREST_RATE_PERCENT]% per month or the legal maximum.
4. PROPRIETARY RIGHTS & DATA OWNERSHIP
(a) Provider IP: Provider retains all rights, title, and interest in and to the Service, including all source code, algorithms, UI designs, and related intellectual property.
(b) Customer Data: Customer retains exclusive ownership of all data, files, and content inputted into the Service ("Customer Data"). Provider shall process Customer Data solely to provide and maintain the Service.
5. DATA PROTECTION & CYBERSECURITY
Provider warrants that it maintains physical, technical, and administrative safeguards designed to protect Customer Data against unauthorized access, destruction, or disclosure, utilizing minimum 256-bit encryption for data in-transit and at-rest.
6. LIMITATION OF LIABILITY
EXCEPT FOR WILLFUL MISCONDUCT OR BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER IN THE [LIABILITY_LOOKBACK_MONTHS: 12] MONTHS PRECEDING THE CLAIM.
7. TERM AND TERMINATION
(a) Initial Term: This Agreement commences on [EFFECTIVE_DATE] and continues for an initial term of [INITIAL_TERM_MONTHS] months. It shall automatically renew for successive [RENEWAL_TERM_MONTHS] month terms unless either party gives written notice of non-renewal at least [NON_RENEWAL_NOTICE_DAYS] days prior to expiration.
(b) Termination for Cause: Either party may terminate upon [CURE_PERIOD_DAYS] days written notice if the other party materially breaches any provision and fails to cure such breach within the notice period.
8. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of [GOVERNING_STATE_OR_COUNTRY], without regard to conflict of laws principles.
[PROVIDER_NAME]
Signature: _______________________________
Name: [PROVIDER_SIGNER_NAME]
Title: [PROVIDER_SIGNER_TITLE]
[CUSTOMER_NAME]
Signature: _______________________________
Name: [CUSTOMER_SIGNER_NAME]
Title: [CUSTOMER_SIGNER_TITLE]

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Expert Drafting Guide & Clause Commentary

Compiled by Ashay Shah. Critical checkpoints before finalizing this document.

1Standard Terms and Definitions▼
Clause Context:

Defines the main terms used throughout the document.

Negotiating Tip:

Ensure definitions are consistently used across all sections to avoid conflicting interpretations.

2Governing Law and Jurisdiction▼
Clause Context:

Determines which courts will settle disputes.

Negotiating Tip:

Set the governing law to your local jurisdiction to minimize travel and legal overhead in the event of a dispute.

Compliance Watchouts

  • Review all placeholders carefully before signing.
  • Consult a professional advisor if editing core clauses.
A

Ashay Shah (Founder, Glomiq)

Ashay is the founder of Glomiq. He is passionate about reducing administrative overhead for Indian professionals. Prior to Glomiq, Ashay spent 6 years leading engineering and product teams building automated document infrastructure and SaaS systems.

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