Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
SaaS Terms (AU) by OLL
Open Legal LibraryUpdated 29 Oct 2026
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SAAS TERMS
The terms for subscribing to our online software
This is a preview. The full template is free on GitLaw.
These SaaS Terms govern the relationship between an Australian business and its customers for online software subscriptions. They cover automatic renewals, data security, and compliance with the Australian Consumer Law, including specific provisions for service credits and AI-generated content.
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About this template
What is this template?
This document is a set of terms and conditions for Australian software-as-a-service providers. It contains specific clauses for AI-generated content rights transfers and service credits for uptime failures. It is not for custom software development or reselling third-party platforms.
When should you use it?
Use these terms when launching an online subscription service in Australia where users agree to terms during sign-up. Use a Professional Services Agreement instead if the work involves bespoke software development or manual consulting.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 4.1 | Free Trial | Allows a [length of the free trial] period which may automatically convert to a paid subscription with a 3-day reminder email. |
| 5.4 | Availability | Provides a [availability target] uptime guarantee with a [service credit] for failures if requested within 30 days. |
| 6.2 | GST | Specifies that fees include GST unless stated otherwise, as defined by the A New Tax System (Goods and Services Tax) Act 1999. |
| 7.1 | Automatic Renewal | Specifies that subscriptions renew for the same length as the Billing Period until terminated by either party. |
| 9.4 | No training on your data | Prohibits the use of Customer Data to train artificial intelligence models without express written agreement. |
| 9.9 | Getting your data out | Requires the business to hold Customer Data for a [data export period] after termination for customer export in machine-readable format. |
| 13.1 | Artificial Intelligence Features | Transfers all rights in generated content to the customer while requiring them to verify accuracy before publication. |
| 14.5 | Overall limit | Limits total liability for each party to the greater of 12 months' fees or a [liability cap amount]. |
| 15.1 | Intellectual property claims against you | Obliges the provider to defend third-party infringement claims at its own cost, provided the customer gives prompt notice. |
| 16.2 | Ending for breach | Permits termination by email if a serious breach remains unfixed for 14 days after a request to fix it. |
Who it's for
- an Australian business selling online software subscriptions to customers via a website
- a SaaS provider using AI features to generate content from customer instructions
- a software company requiring automatic renewals for annual or monthly billing periods
- a provider storing customer data in multiple countries including Australia and the US
How long it runs and how it's signed
How long
Runs until someone ends it
Stated duration
the Billing Period
Notice to end it
[notice period for changes]
Survives the end
Confidentiality, Intellectual Property, Our Responsibility and Limits on Liability, Claims by Others, Your Data, Privacy
Law it's drafted under
Governed by
Australian Consumer Law
Governed by
Competition and Consumer Act 2010 (Cth)
Refers to
A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Governed by
Privacy Act 1988 (Cth)
Refers to
Corporations Act 2001 (Cth)
Refers to
Fair Trading Act 1987 (NSW)
Australia note
This version is drafted for Australia. Some terms are set federally and others by state or territory. Tell GitLaw where the parties are and it adjusts the draft.
Jurisdiction
Australia
Document info
GitLaw document. Document created on Thu Oct 29th, 2026. Last updated on Thu Oct 29th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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