SaaS Agreements
GlobalB Law structures SaaS customer and partner agreements that balance commercial flexibility with robust risk allocation, from subscription terms and SLAs to data-processing addenda and liability caps.
A SaaS agreement is more than a software licence, it governs continuous service delivery, data custody, uptime expectations, security obligations, and the consequences of failure. Standard click-through terms are rarely sufficient for enterprise or regulated-sector customers, and bespoke negotiation demands a clear understanding of where SaaS providers genuinely share risk and where they do not.
GlobalB Law advises both SaaS vendors expanding from Türkiye into EU and US enterprise markets and international platforms entering the Turkish market. We align subscription agreements with the EU's Digital Services Act obligations, GDPR data-processing requirements, Turkish KVKK rules, and US state-level consumer protection frameworks, ensuring the same master agreement can be deployed globally with jurisdiction-specific addenda.
For high-value enterprise deals, we manage the full commercial contract negotiation: redlining customer-form agreements, defending critical risk-allocation positions on liability caps, indemnities, and IP ownership, and advising on security-incident notification obligations that differ between jurisdictions.
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What is the minimum content a SaaS agreement must cover to be enforceable in Türkiye?
Under Turkish Code of Obligations, a SaaS agreement must clearly identify the parties, the service scope, pricing, duration, and termination rights. For consumer-facing services, mandatory disclosures under the Distance Sales Regulation and the Electronic Commerce Law apply. KVKK also requires a separate or embedded data-processing basis if personal data is processed.
Our enterprise customer wants unlimited liability. How do we handle that?
Unlimited liability is a commercial non-starter for most SaaS providers. We negotiate cap structures that separate categories of liability, typically unlimited for confidentiality and IP indemnities, capped at a multiple of annual fees for other direct losses, and excluded for consequential damages. The right structure depends on your insurance programme and risk appetite.
We process EU personal data on behalf of our customers. What does that mean for our SaaS terms?
You are a data processor for GDPR purposes and must conclude a Data Processing Agreement (DPA) that complies with Article 28 of the GDPR. The DPA must specify the nature and purpose of processing, data subject categories, technical and organisational measures, and sub-processor rules. We draft DPAs as standalone documents or integrated schedules.
Can we use a single set of SaaS terms globally?
A single master agreement with modular jurisdiction schedules is achievable and often preferable for operational simplicity. The core commercial terms can be uniform; the data protection, consumer-law, and tax compliance schedules vary by jurisdiction. We have experience structuring multi-tier documents that serve Turkish, EU, and US customers under one master.
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