Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
SaaS Terms (New Zealand) by OLL
Open Legal LibraryUpdated 29 Oct 2026
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SAAS TERMS
Effective date: [effective date (e.g. 1 december 2026)]
Note: Use these Terms if you are a New Zealand business selling subscriptions to an online software service that customers use through a website or app. They suit business customers and, if you choose, consumers. They do not cover custom software development, reseller or white-label arrangements, or selling through an app store or other marketplace: use separate agreements for those, and for any large customer that negotiates its own contract. If you sell subscriptions to consumers through phone calls or visits that you start, extra rules apply to those sales, including a cancellation period, which these Terms do not cover. Complete every yellow field, keep one Option in each Option block and delete the others and the Option labels, and delete any optional words you do not need. Renumber the Clauses only when you have finished, because these notes refer to the original Clause numbers. Delete Schedule 1 before you publish.
Note: Keep these Terms balanced. They are standard form terms. If the Commerce Commission persuades a court that a term in them is unfair to a consumer, or to a business customer whose dealings with you are worth less than NZD 250,000 a year including GST (most subscription customers, whatever their size), you must stop including, applying or relying on that term, and continuing is an offence. Terms that let only you change the terms, the price or the service, renew or end the subscription, or decide whether someone is in breach are standard examples of terms that may be unfair, and you would have to prove that each one is reasonably necessary to protect a genuine business interest. Plain language and clear presentation count in your favour. These Terms limit your own rights for that reason; keep those limits.
Note: How customers accept these Terms. Before anyone can sign up, start a free trial or pay, ask them to agree actively, for example with an unticked box or a button next to the words "I agree to the SaaS Terms" and a link to these Terms. You may call these Terms something else on your website, such as Terms of Service, if you use the same name everywhere. Next to the box, show in plain words the price, how often the customer will be charged, that the subscription renews automatically until cancelled, when any free trial ends and becomes paid, and how to cancel. A contract made online is valid, but a term that was hard to find or understand is less likely to bind the customer and more likely to be found unfair or misleading. Keep a record of who accepted which version and when, and let customers download these Terms.
This is a preview. The full template is free on GitLaw.
These SaaS Terms govern the provision of an online software service to business and consumer customers in New Zealand. They establish the rules for automated renewals, data security, and the use of AI features while maintaining compliance with local consumer protection laws.
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About this template
What is this template?
This document is a service agreement for New Zealand SaaS providers that handles both consumer and business subscriptions. It contains specific options for service level credits, AI feature restrictions, and a mandatory 72-hour security incident notification period. It is not for reseller, white-label, or marketplace-only distribution arrangements.
When should you use it?
Use this template when selling online software subscriptions where you need to manage automated renewals and data protection under New Zealand law. Use a software development agreement instead if you are building custom software rather than providing a standardized service.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 3.1 | Plans, Billing and Renewal | Allows a full refund if an annual subscription is cancelled within 14 days of a renewal date. |
| 4.1 | Free Trial | Requires a reminder email 3 days before a trial ends if it turns into a paid subscription automatically. |
| 5.5 | Fees and Payment | Permits the provider to increase fees for future periods provided they give a stated notice period before the increase applies. |
| 6.1 | Service Levels | Offers optional service credits of up to 50% of monthly Fees if Service availability falls below 95%. |
| 8.7 | Your Content and Personal Information | Obliges the provider to notify the customer of any unauthorized data access within 72 hours. |
| 9.5 | Artificial Intelligence Features | Prohibits the use of customer Content or Output to train artificial intelligence models. |
| 11.5 | Limit on Liability | Caps the total liability of either party at the Fees paid in the preceding 12 months or a fixed amount. |
| 12.7 | Data Export Period | Grants the customer a period of a certain number of days after termination to export their data. |
Who it's for
- a New Zealand business selling software subscriptions via website or app to consumers or businesses
- a SaaS provider requiring specific clauses for automated renewals and AI feature usage
- a vendor needing to comply with the New Zealand Consumer Guarantees Act in a standard form contract
How long it runs and how it's signed
How long
Runs until someone ends it
Stated duration
monthly or 12 month periods
Notice to end it
cancel at any time
Survives the end
Your Content and Personal Information, Intellectual Property and Feedback, Your Rights Under Consumer Law and Our Liability, General
Law it's drafted under
Governed by
Consumer Guarantees Act 1993
Governed by
Fair Trading Act 1986
Jurisdiction
New Zealand
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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