As the technology sector has developed, the way software is used has also changed, and businesses have begun to meet many of their needs through subscription-based digital services instead of purchasing software. SaaS (Software as a Service) is a business model in which software is offered as a service over the internet instead of being physically delivered to the user.

Although the SaaS model offers cost advantages, quick access and scalability, it creates legal relationships between the parties that need to be regulated carefully. Clearly setting out the rights and obligations of the software provider and the company receiving the service is of great importance for preventing disputes that may arise later.

What Is a SaaS Agreement?

A SaaS agreement (SaaS sözleşmesi) is a technology-focused service contract that governs how a piece of software or a digital platform is made available to the user for a certain period and under certain conditions.

These agreements regulate not only the right to use the software but also the scope of the service, access conditions, data management, security obligations, payment terms and the responsibilities of the parties.

Key Issues a SaaS Agreement Should Cover

In SaaS services, the scope of the agreement may vary depending on the nature of the software used and the commercial relationship between the parties. However, a robust SaaS agreement needs to regulate certain topics clearly. The following are among the basic provisions that protect the rights of the parties:

the scope of the software service provided,
user permissions and licence terms,
the subscription period and renewal terms,
pricing and payment obligations,
technical support and maintenance services,
service levels (SLA) and performance criteria,
the provisions that will apply if the agreement ends.

Software Usage Rights and Intellectual Property

One of the most important legal issues in SaaS models is who owns the rights to the software. A user’s access to the software usually does not mean that the user acquires ownership of the software or rights over its source code.

For this reason, the agreement should clearly set out:

the limits on use of the software,
the scope of the licence,
permissions to copy and modify,
the protection of intellectual property rights.

Data Security and the KVKK Dimension of SaaS Services

In cloud-based software, user data is often stored on the service provider’s systems. This makes it necessary to determine the responsibilities of the parties in terms of personal data protection and data security.

SaaS agreements should carefully regulate data processing activities, security measures, data transfers, the steps to be taken in the event of a breach and the responsibilities of the parties.

Under the Law on the Protection of Personal Data No. 6698 (KVKK), correctly determining the roles of data controller (veri sorumlusu) and data processor (veri işleyen) is an important legal issue for businesses.

SLA (Service Level) Provisions

In SaaS services, continuous availability of the software can be critically important for businesses. For this reason, service levels need to be regulated clearly in the agreement.

Under SLA provisions, the expectations of the parties can be clarified by determining:

system availability rates,
technical support response times,
maintenance work,
response procedures in the event of a fault.

Determining Responsibilities in SaaS Agreements

A significant proportion of disputes in technology services arise because the responsibilities of the parties have not been regulated clearly enough.

It must be determined in advance which party will assume which obligation in the event of service interruptions, data loss, security breaches, third-party claims and technical problems.

Termination of SaaS Agreements and the Transition Process

When a SaaS service ends, it is not simply a matter of the subscription expiring. Issues such as handing over user data, closing system access, deleting data and the service transition process also become important.

For this reason, the agreement should clearly regulate how the post-termination process will be managed.

The Importance of SaaS Agreements for Technology Companies

SaaS agreements are not merely documents that set out the conditions of software use. They are also important legal tools that protect companies’ commercial activities, data security and digital infrastructure.

For growing technology companies in particular, drafting agreements correctly at the outset helps reduce financial and legal risks that may arise in the future.

Legal Certainty in Technology Contracts with Attorney Ezgi Çalışkan

Attorney Ezgi Çalışkan carries out legal work on SaaS agreements, software service relationships, the contract processes of technology companies, data security obligations and digital commercial relationships.

A software service needs to be sustainable not only technically but also legally. A legal assessment is important for creating a contractual structure in the SaaS model that protects the rights of the parties, reduces commercial risks and can meet future needs.