SaaS Terms of Service (Canada) by OLL
SAAS TERMS OF SERVICE
This template is click-wrap terms of service for a self-serve SaaS product, sold to consumers or small businesses who accept by clicking "I Agree," creating an account, or using the Service — not by countersigning a negotiated agreement. It is not suitable for a negotiated enterprise deal with its own Order Form, MSA, DPA and SLA; that is a separate template (saas-subscription-b2b, not yet built). It is not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.
⚠️ Provincial consumer protection legislation varies and is not fully resolved in this template's registry. Auto-renewal, cancellation and limitation-of-liability terms in a consumer-facing SaaS subscription are commonly constrained by provincial consumer protection statutes — but the specific rules differ by province, and the Ontario registry entry (on-consumer-protection-act) is confidence: low: it is unresolved which of two Ontario instruments is currently in force, so this template does not cite Ontario's consumer protection statute by year anywhere below. Sections 7, 15 and 16 flag the substantive concern without asserting what the rule is. Confirm current requirements in every province where the Service is sold to consumers before relying on those sections.
[Company Legal Name] ("we," "us" or "Company") provides [Product Name] (the "Service") subject to these Terms of Service (the "Terms"). These Terms are between Company and the person or entity using the Service ("you" or "Customer").
Acceptance of Terms
By clicking "I Agree," creating an account, or accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are accepting these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
You must be at least [Minimum Age] years old, or the age of majority in your province, to use the Service.
Definitions
"Account" means the account you create to access the Service.
"Customer Data" means any data, content or information you or your authorised users submit to or through the Service.
"Documentation" means Company's user guides and help materials for the Service, as updated from time to time.
"Subscription Term" means the period described in Schedule A for which you have subscribed to the Service.
The Service
Subject to these Terms and payment of applicable fees, Company grants you a non-exclusive, non-transferable licence to access and use the Service during the Subscription Term, for your internal business or personal purposes in accordance with the Documentation.
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Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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