PORTFOLIO SAMPLE - Master SaaS Agreement - Childcare Webapp - USA

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THIS DOCUMENT SERVES AS A SAMPLE OF PREVIOUSLY DRAFTED TERMS OF USE

AND PRIVACY POLICIES. THE NAME OF THE BUSINESS IS KEPT CONFIDENTIAL.
COMPANY LLC IS A FICTITIOUS COMPANY. THE REPRODUCTION AND/OR
UNAUTHORIZED USE OF THIS SAMPLE IS PUNISHABLE BY APPLICABLE COPYRIGHT
AND CRIMINAL LAW. ALL RIGHTS RESERVED BY MIGUEL RODRIGUEZ
GLAUDEMANS.
Index: MASTER SOFTWARE AS A SERVICE AGREEMENT Pg. 1
SERVICE LEVEL AGREEMENT - - Pg. 9
Parents Disclaimer and Terms of Use - - Pg. 10
JOB DESCRIPTION: USA client, company incorporated in DELAWARE,

related to the provision of cloud based services over
a WEBAPP platform for childcare centers. Needs all
legal documents.
MASTER SOFTWARE AS A SERVICE AGREEMENT

This Software as a Service Agreement (the Agreement) sets forth the terms and conditions which
shall rule between you (the Client, you, your) and COMPANY LLC, a company incorporated in
the state of xxxxxxx (the Provider, we, our) in relation of the online Web application (the
WebApp), administered and made available to you by the service Provider, subject to the
definitions covenants and determinations set herein. We strongly recommend that all Clients read
this Agreement carefully. All use of the online and offline features, access, upload and download of
information by means of the Platform is subject to your acceptance of this Agreement. IN CASE YOU
DO NOT AGREE OR DO NOT WISH TO ACCEPT ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY
NOT ACCESS OR USE THE WEBAPP OR ACCESS THE PLATFORM.
_________________________________________________________________
c. Baptista 779, casi Teniente Arvalo y Ayacucho
Edificio "Juan Daniel II" - Piso 3 Of. 3A
Cochabamba, Bolivia.
Email: contact@ejrlegal.com
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YOU CONSENT AND STATE TO ACCEPT AND AGREE WITH THE TERMS OF THIS AGREEMENT ONCE
YOU [PRESS I ACCEPT/ I AGREE/ MARK THE BOX STATING YOU HAVE READ AND HAVE FULL
KNOWLEDGE OF THE DETERMINED HEREIN] .. , AFTER OF WHICH YOU ARE
BOUND BY THIS AGREEMENT. IF YOU REPRESENT AN ENTITY OR A COMPANY YOU STATE THAT
YOU HAVE SUFFICIENT AUTHORITY TO ACCEPT THIS AGREEMENT IN BEHLAF OF SUCH ENTITY OR
COMPANY.
1. DEFINITIONS
For your complete understanding of the terms and conditions of this Agreement, the following
definitions shall apply to the entire Agreement;
PROVIDER is the Company LLC, incorporated under the laws of the state of Illinois which runs and
makes available the Webapp online for the management and administration of childcare related
services.
CLIENT is the individual or entity which operates and provides childcare services. It is assumed that
Client is authorized and has all required licenses to operate and provide such services in the State or
States where it or they operate.
WEBAPP is the online application which allows access to the services and permits the management
and administration of childcare services, managed by Provider.
WEBSITE is the webpage located at http://www. Company LLC com/ and related URLs and
subdomains.
PLATFORM is the interface for the Master User and all their created Account which grants access to
role-specific parts of the Webapp.
SUBSCRIPTION FEES are the fees charged by Provider to Client for compensation of the use and
access to the Services, subject to an plan opted previously by Client.
SUBSCRIPTION PLAN is one of the available plans promoted on the Website of Provider. Client may
opt to the Subscription Plan which fits best for the Clients childcare services.
TRIAL ACCOUNT is an account used to try and access the Webapp through the platform which is not
charged for a period of thirty (30) days.
ACCOUNT is the user account which is not a Master User account, and is allowed to access specific
parts of the Webapp, or upload or read reports and other relevant information of the daycare.
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MASTER USER is the designated person of the Client which will act as main administrator, able to
create all available types of information on the Webapp. Through the MASTER USER account may
also create other accounts and register users such as the children of the childcare related services,
their parents, staff, teachers and assistants. Other options are available subject to the chosen
subscription plan.
TEACHER is the person in charge of a classroom or other kind of learning or care environment which
is able to file reports and which may communicate through the messaging system with Parents when
required.
PARENTS may be the mother or the father -or both- or in some cases the guardians of a child, which
may access the Webapp to seek relevant information of the childcare services and activities.
CHILDREN are the minors which attend to the Clients childcare establishment and may be registered
on the Webapp by the Client, subject to the previous authorization of their Parents.
USERS are any of the account holders, regardless of their role.
2. SERVICES AND USE
2.1 Services. Provider hereby shall make reasonable commercial and technological efforts to provide
to both trial and subscribing Clients a Webapp intended for administration of institutions providing
childcare related services, accessible by means of the Platform through the Website of the Provider,
as defined in Section 1 of this Agreement. Subject to this Agreement and to availability, the services
provided by the Webapp may include a internal messaging system, registration and scheduling of
activities and reports, displaying of specific information such as meals or relevant projects, all
available by means of the platform accessible through Account (the Services).
2.2 Use of the Services.
Subject to any applicable trial period, plan terms and the timely and accurate payment of the
applicable subscription fees by Client, Provider grants Client a nonexclusive, non-assignable,
worldwide limited right to access and use the Services solely for the business operations related to
childcare services. In case of breach of any section, term or condition of this Agreement by Client
may result in the suspension the Services.
3. ACCOUNTS
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As previously stated, an account is needed to access the platform to use the services provided by the
Webapp. There are different types of Accounts;
3.1 Master Account. When applying and registering a Trial account or subscribing directly to an
available plan, Client shall register a Login and Password for a Master User Account. From this
account, subject to the choice of any of the available plans and the account status of the Client,
other users may be granted access by means of the registration of an account, such as Parents,
Teachers, Staff and other similar roles may be created. Client is exclusively and solely responsible of
keeping the Master User account protected, and the password secret at all times. In the event of a
suspected breach the Client must immediately change the password and notify any third parties
such as the parents of such event. Provider waives all liability regarding a non-authorized access of a
Master User account due to misuse, careless or irresponsible account care. PROVIDER STRONGLY
RECOMENDS USING AND ACCESSING THE MASTER USER ACCOUNT FROM A SECURE DEVICE AT ALL
TIMES, TO PREVENT UNAUTHORIZED ACCESS, HACKING, CRACKING OR OTHER WRONGFUL USE OF
THE ACCOUNT. PROVIDER, ITS AFFILIATES AND/OR PARTNER COMPANIES SHALL NEVER INQUIRE OR
ASK FOR THE LOGIN OR PASSWORD FROM A CLIENT, EITHER ONLINE BY EMAIL OR OTHER MESSAGE,
BY SMS OR OTHER MESSAGING SYSTEM OR BY REGULAR MAIL.
3.2 Regular Accounts. Client is hereby solely responsible for the creation of other accounts, subject
to availability and the chosen subscription plans. Notwithstanding other specific set of terms made
available on the Providers Website, the creating of a new account implies for uch the holders of
such new accounts an acceptance of the terms of this Agreement. Client shall also recommend to
the holders of such accounts to take use reasonable methods to protect their passwords to prevent
a breach or wrongful use from any such account.
3.3 Trial Accounts. Trial accounts are available for a 30 day trial. Some features may from time to
time be unavailable on this type of accounts. Provider does not make any warranties or
representation of the functionality of Trail accounts, and they are offered on an as is basis.
3.4 Parent Account and Access. Parents are granted access to specific information of their child or
children through the Webapp, made possible by Client by means of the Master User account. Client
is solely responsible and liable for the authorization of the Parents to both, usage and deployment of
the Webapp with their childcare services, and obtaining consent of Parents for the storage and
registration of their child or children on the Webapp.
4. ACCESS
When the Client or any User accesses the Services, they must comply with the following:
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4.1 Misrepresentation. It is strictly forbidden to attempt or to aid in the misrepresentation or the

impersonation of an individual or entity different to themselves or who they deem to represent,
including without limitation, the Provider.
4.2 Fair Use. When making use of the Services, users must make sure to identify the sender of inside
messages through the App, and refrain from any form of harassment, violence or to discriminate in
any way. Provider is in no way whatsoever liable for the messages sent between Users, and does not
have control over them.
4.3 Prohibition. Users are furthermore prohibited to make wrong use, misuse, or abuse the services;
attempt to undermine, circumvent or breach the security or the integrity of the Webapp or its
algorithms and systems, or aid to a similar goal; make unauthorized copies of or make clones of the
Website or the Webapp; attempt to access parts which they are not cleared or authorized to access
or view; and breach any third party right.
5. SUBSCRIPTION FEES AND TAXES
Client is to pay the Provider a fee for the chosen Subscription plan (the Subscription Fee). Each
plan has a subscription period of one (1) month. Client may choose one of the payment method
available on the Website or Webapp; from time to time these available methods may vary, or new
methods may be added. The first payment shall be made on the effective date of this Agreement or,
in case of a Trial Account, whenever the period of such account expires. Thereafter the preferred
method of payment by Client is charged on the first day of the new subscription period. Client
hereby consents to such monthly automatic payment, provided Client does not discontinue their
subscription, which Client is allowed to do at any given time. No reimbursement shall be made after
a payment is processed. In case that the payment method is rejected at any given moment, Provider
may suspend the associated account and impede entrance to the platform until the payment
proceeds or is otherwise solved. All applicable taxes are sole responsibility of Client, unless
determined differently in applicable law.
6. TERM, DEFAULT AND TERMINATION
6.1 Term. The Term of this Agreement commences on the effective date, at the time of registration
of Client, entering of their data by means of their form, and choosing of a payment method. As
mentioned in Section 5 above, a monthly/yearly subscription period applies from thereon. Unless
such period is interrupted by the cancellation of such subscription by Client, the term shall be
construed as renewed each month/year.
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6.2 Default. Whenever Client fails to make a scheduled payment or the payment method of rejects
the charge or otherwise the payment is not completed or not possible to process, the Client shall be
considered in default, and as a result the Clients associated Master User Account, and all accounts
created by it, will be suspended. If Client remains in Default for a period equal or over ninety (90)
days straight, Provider may close such account. After account closure the information and date
uploaded to the Webapp shall remain available in case Client renews a Subscription. After this
period, Provider is full authorized to permanently erase the account and all its information, and
Clients sole relief shall be the right to open a different Master User account and opt for a new
subscription.
6.3 Termination. Provider may terminate this agreement at any given time in case of a suspected
breach of this Agreement by Client, or when the account is permanently closed as determined in
Subsection 6.2 above. Client may terminate this Agreement at any time during the term of this
Agreement.
7. PERSONAL AND PRIVATE INFORMATION
For a clear understanding of the policies applied by Provider in the handling of personal, delicate and
private information, including such data of Children, we recommend you visit our Privacy and Cookie
Policy.
8. AVAILIBILITY
The Provider shall at all times use reasonable technical and commercial efforts to ensure the services
availability, subject to the Service Level Agreement available at the end of this SaaS Agreement.
9. INTELLECTUAL PROPERTY
Provider shall remain at all times the sole proprietor or licensee of the intellectual property and
material prone of copyright or other type of proprietary right of the Website and the Webapp,
including without limitation, all displayed images, audio, videos, trademarks, brands, content texts.
The grant to use which Provider grants to Client of the Services shall in no way imply any transfer of
rights or license to use for purposes different of those determined herein.
Notwithstanding the aforementioned Client shall remain the proprietor or licensee of all data and
information which is entered into the Webapp by means of the platform.
_________________________________________________________________
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10. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE WEBAPP,
THE PLATFORM, AVAILABLE DOCUMENTATION, AND SERVICES ARE PROVIDED SOLELY ON AN AS
IS, AND AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, AND THE PROVIDER HEREBY
DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER
WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE,
MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBAPP, THE PLATFORM, AVAILABLE
DOCUMENTATION, AND SERVICES, EITHER WHOLE OR TORT OR PART. ADDITIONALLY, PROVIDER
DOES NOT WARRANT THAT THE WEBAPP, THE PLATFORM, AVAILABLE DOCUMENTATION, AND
SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY
SPECIFIC STATE, PROVINCE OR REGION DO NOT ALLOW ANY OF THESE DISCLAIMERS OR THE
WIAVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE
CLIENT.
8. LIMITATION OF LIABILITY
PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE
SERVICES WHICH ARE AVAILABLE ON THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS
(WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THE WEBSITE. YOUR ONLY REMEDY AGAINST PROVIDER FOR USE OF THE WEBSITE OR ANY CONTENT
IS TO STOP USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF COMPANY ARISING OUT OF OR
IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS
($100). SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO CLIENT IN ITS ENTIRETY. THIS LIMITATION OF LIABILITY SHALL BE ENFORCED TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW.
11. GOVERNING LAW
This Agreement is governed by the laws, acts and regulations of the United States of America. The
courts of the State of Illinois shall have jurisdiction and venue to interpret and make determinations
related to this Agreement.
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12. INDEMNIFICATION
Client hereby agrees to keep Provider indemnified and hold Provider harmless of and against all
claims of loss and/or damage in case of wrongful use of the Webapp, the Platform, available
documentation, and Services, either by client or by Users related or created by the Master User, or
of any legal disputes. The Provider waives all liability of non-authorized use of the Webapp or
registration of Children without the explicit consent of their Parents or Guardians.
13. SEVERABILITY
If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable,
the other provisions of this Agreement will remain enforceable for all purposes which may assist the
parties.
14. NO WAIVER
Any delay or failure by either party to this Agreement to execute or exercise any right or claim
related to the terms determined herein, shall not be construed as a waiver of such right.
15. ASSIGNMENT
The Parties hereto agree that Client may not assigned any of its rights or obligations determined in
this agreement to any third parties, without express and explicit written consent of Provider.
Provider may at any time assign this Agreement, provided that the conditions and terms of this
Agreement survive such assignment and are kept identical or improved by the assignee, and the fees
are kept unchanged for a period of no less than six (6) months.
16. REMEDIES
It is determined that all rights and remedies of Provider under this Agreement are cumulative. Client
acknowledges that the Services, the Webapp and/or the Website may contain valuable trade secrets
and proprietary information of Company, and that any breach of this agreement regarding
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intellectual property and/or copyright may constitute immediate and irreparable harm to Provider,
its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a
simple monetary damage recovery. If such breach occurs, Provider shall be entitled to seek
injunctive relief without any other requirements or requisites. In case that any legal action is
promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees,
legal costs and other expenses, in addition to any other relief which Provider may seek.
17. FORCE MAJEURE
Any delay in the performance of any duties or obligations of either party, excepting the payment of a
Subscription fee, shall not be considered a breach of this SaaS Agreement, provided that such delay
is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of
such party, provided that such party uses reasonable efforts, under the circumstances, to notify the
other party of the cause of such delay and to resume performance as soon as possible.
18. REVISIONS TO THIS AGREEMENT
Provider reserves the right to revise the Terms of this Agreement, and may update this section of the
Website and this Agreement. A notice shall be given to Client previous to such change to their
registered E-mail address. Client is to accept the amendments, revisions or changes to this
Agreement, or may disagree and not accept the terms; in this case, the sole remedy of Client shall be
the cancellation of any active subscription plan. The continued use, access and later payment of the
services shall be deemed as acceptance of Client of the announced amendments, revisions or
changes to this Agreement.
19. ENTIRE AGREEMENT
This Agreement shall be construed as the final and entire agreement between the parties respecting
the subject matters determined herein and supersedes all prior discussions, either written or oral,
respecting the terms and conditions set in this Agreement. No modification of or amendment to this
Agreement, or any waiver of any rights under this Agreement, will be effective agreed and accepted
by both parties.
SERVICE LEVEL AGREEMENT
All the definitions and terms and conditions of the Software as a Services Agreement (the SaaS
Agreement) equally applies to this Service Level Agreement (the SLA).
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A. UPTIME AND MAINTENANCE. Provider shall make reasonable technical and commercial efforts to
keep the Website and Webapp online and available for use and access to the Services for 95% on a
specific month, not considering maintenance hours, which are programmed to occur during no-
regular or usual Childcare service hours. They are normally done in X hours. In case of scheduled
maintenance of the Webapp a notice shall be sent to Client at least three days in advance. The
aforementioned may not apply in Force Majeure events or in case of malicious attacks on the
Webapp, the Website and/or the Servers or databases where they are hosted.
B. CUSTOMER SUPPORT. Provider shall attend to any problems and claims related to the Webapp,
the Website or the Platform within a three (3) working days period. E-Mails or contact forms may be
sent to provider at any time, 24/7.
PARENTS DISCLAIMER AND TERMS OF USE
THIS PARENTS DISCLAIMER AND TERMS OF USE (THE TOU) IS AIMED TO USERS WHICH ARE
PARENTS OR GUARDIANS OF A CHILD OR CHILDREN (THE PARENTS) WHICH ARE REGISTERED OR
ENTERED INTO THE TEN CHILDCARE WEBAPP (THE WEBAPP) DUE SUBSCRIPTION ENGAGED BY A
CHILDCARE INSTITUTION OR SIMILAR ENTITY (THE CLIENT). THE WEBAPP IS OPERATED AND
MANAGED BY COMPANY LLC (THE PROVIDER). NOTWITHSTANDING ANY SPECIFIC CONSENT
AGREEMENT MADE BETWEEN THE CLIENT AND THE PARENTS MUST READ AND ACCEPT THESE TOU
AND THE COOKIE AND PRIVACY POLICIES. PARENTS MAY ALSO READ THE SAAS AGREEMENT
BETWEEN CLIENT AND CLIENT, AS THEY PORTRAY THE EXISTING RELATION BETWEEN THE IF ANY
ONE OF THE PARENTS DISAGREES WITH THE TERMS AND CONDITIONS OF THIS TOU OR THE COOKIE
AND PRIVACY POLICIES THEY ARE STRONGLY ADVISED TO DISCONTINUE ANY ACCESS AND USE, AND
MAY THEREFORE, AND ARE AT ALL TIMES LEGALLY ENTITLED TO, REQUIRE THAT CLIENT DELETE ANY
INFORMATION OR REGISTRATION OF THEIR CHILD OR CHILDREN ENTERED INTO THE WEBAPP BY
MEANS OF CLIENTS MASTER USER ACCOUNT.
RELATION AND SERVICES
The Services offered by the Provider are to improve the quality of childcare Services, by means of
the Webapp. To learn more of the Services you may access the website of Provider available at
http://www.COMPANY LLC.com . Furthermore Parents agree and state to understand that there is
no direct- legal relation between the Provider of the Services and the Parents, and that there is no
direct use or collection of their information by Provider or of their child or children, aside of the
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provision by Provider of the Services to the Client. However, as Parents hold an account to access
the Services, Parents must agree with the terms and conditions of these TOU.
CONSENT
Aside of the consent or similar agreement between the Client and the Parents for the registering and
entering of information of their Child or Children (the Consent), Parents agree and accept that
Provider has no liability whatsoever for the information registered and entered by Client, their staff,
teachers and related personnel, and they Consent that this information will be held on the servers
hired by Provider for provision of the Services and the working of the Webapp. They also state to
understand that they may withdraw this consent at any time by sending an e-mail to xxxx@xxxx.com
or by regular mail to ADDRESS. Please allow a reasonable amount of time for the support to attend
your inquiry or statement. BY WITHDRAWING THE CONSENT PARENTS STATE TO UNDERSTAND THAT
THE ONLY REMEDY PROVIDER IS BOUND TO MAKE IS TO RECOMMEND TO CLIENT THAT THE CHILD
OF CHILDREN OF THE WITHDRAWING PARENTS IS DELETED FROM THE WEBSYSTEM THROUGH THEIR
ACCOUNT AND REGISTRIES. PROVIDER IS NOT ABLE TO DIRECTLY DELETE SUCH CHILD, UNLESS BY
MEANS OF A COURT ORDER OR SIMILAR LEGAL DETERMINATION. FOR PROMPT DELETION OF SUCH
CHILD OR CHILDREN DATA, PROVIDER STRONGLY RECOMMENDS TO CONTACT OR NOTICE DIRECTLY
TO CLIENT.
ACCOUNT
Parents shall hold an account accessible through an interface of the Webapp (the Platform). The
account shall be created and registered by the Client through their Master User account, for which
the Parents e-mail address and other relevant information may be required. Parents are then sent a
username, and also a password which they shall be prompted to change after login in for the first
time. After this Parent understands that they shall be solely responsible for their username and
password protection, and for using a secure device for access. Provider shall never ask for their
username or password. Provider disclaims all liability for wrongful access of Parents account due to
carelessness by Parents or failure to protect their information or device. Provider may discontinue
Parents access to their account in the event that Provider in good faith, at their sole interpretation,
believes there may be possible breach of applicable laws or satutes, or when the Client unsubscribes
from the Services or discontinues their payment.
STORED AND COLLECTED INFORMATION
The information and registration of both Parents and their Child or Children is made by parties
different to the Provider. The reports of activities, schedules, and other features are entered by
Client or by their authorized users. The messages between Client and Parents are private to them, as
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is the data of their Child and Children. For more information about the information which Provider
does collect, please visit our Cookie and Privacy Policies.
DISCLAIMER
THE WEBAPP IS PROVIDED ON AN AS IS BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF

ANY KIND, INCLUDING BUT NOT LIMITED TO, MERCHANTIBILITY, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, COPYRIGHT AND INTELLECTUAL COPYRIGHT INFRINGEMENT OR FITNESS TO A
PARTICULAR PURPOSE. IN NO EVENT, EITHER PRESENT OR FUTURE, SHALL PROVIDER, ITS
AFFILIATES, PARTNERS, SHAREHOLDERS AND AGENTS BE LIABLE FOR ANY DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE OF THE WEBAPP, THE WEBAPP OR THE PLATFORM, EVEN
IN THE EVENT THAT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THERE
ARE SOME LEGAL STRUCTURES AND JURISDICTIONS WHERE DUE TO PROHIBTION OF LIMITING
LIABILITIES OR EXCLUSION, AS A RESULT OF WHICH THIS MAY NOT APPLY TO SPECIFIC CASES.
THE PROVIDER DOES NOT WARRANT THE FUNCIONALITY, THE COMPLETENESS OF INFORMATION,
AND THE ACCURACY AND PROPERTY OF ANY IMAGES, TEXTS, GRAPHICS, AUDIO AND VIDEO
CONTAINED ON THE WEBSITES OR ON THE WEBAPP.
NO WAIVER
THE FAILURE OF THE PARTIES OF THIS TOU TO CLAIM OR ENFORCE ANY RIGHTS ARISING OF THESE
TERMS SHALL NOT BE CONSTRUED AS A WAIVER OF THESE RIGHTS OR OF ANY CONTAINED
PROVISION.
PROTECTION AND SECURITY
PROVIDER TAKES REASONABLE COMMERCIAL AND TECHNICAL MEASURES TO PROTECT THE WEBAPP
AND THE SERVERS WHERE PERSONAL INFORMATION IS STORED. HOWEVER, PARENTS STATE TO
UNDERSTAND AND AGREE THAT DESPITE THE EFFORTS OF PROVIDER TO KEEP ALL INFORMATION
AND DATA AND THE FUNCTIONALITY AND USEFULNESS OF THE SERVICES RUNNING, THE SERVICES
MAY BE INTERRUPTED AND THE DATA AND INFORMATION STORED ON THE WEBAPP MAY BE
BREACHED BY MALICIOUS PARTIES OR MALICIOUS SOFTWARE. PARENTS WAIVE ANY CLAIMS OF
DAMAGES OR OTHER RIGHTS ARISING OUT OF A BREACH OF THE SERVERS, THE WEBAPP OR THE
WEBSITE BY MEANS OF ATTACKS OR OF PARTIES WITH TECHNICAL KNOWLEDGE WHICH WERE ABLE
TO BYPASS THE SECURITY LEVELS OF THE PROVIDER, OR ITS SERVERS.
CHANGES TO THIS PARENTS DISCLAIMER AND TERMS OF USE
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PROVIDER MAY CHANGE THESE TOU TO ABIDE LEGAL OBLIGATIONS OR TO FOLLOW NEW LEGAL
DIRECTIVES, WHENEVER THEY DEEM NECESSARY, WITHOUT ANY OTHER OBLIGATION THAN TO SEND
A NOTICE OF SUCH CHANGE TO THE CLIENT, AND, IF POSSIBLE TO PARENTS.
MISCELANEOUS
Severability. In the event that any provision of these TOU is determined or found to be inapplicable
or otherwise void or unenforceable such provisions shall be severable and the whole non-severed
parts and provision of these TOU shall remain fully enforceable and valid.
Third party rights. All content and functionality of the Webapp and the Website are interpreted to
be legal and law abiding. If any third party rights are breached Provider may take measures to stop
these third party right from being breached.
Jurisdiction. This TOU may be interpreted by courts and authorities of the State of Illinois, of which
the laws shall govern, exclusive of any conflict of law principles.
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PORTFOLIO SAMPLE - Master SaaS Agreement - Childcare Webapp - USA

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PORTFOLIO SAMPLE - Master SaaS Agreement - Childcare Webapp - USA

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THIS DOCUMENT SERVES AS A SAMPLE OF PREVIOUSLY DRAFTED TERMS OF USE

Index: MASTER SOFTWARE AS A SERVICE AGREEMENT Pg. 1

SERVICE LEVEL AGREEMENT - - Pg. 9

Parents Disclaimer and Terms of Use - - Pg. 10

JOB DESCRIPTION: USA client, company incorporated in DELAWARE,

MASTER SOFTWARE AS A SERVICE AGREEMENT

USERS are any of the account holders, regardless of their role.

2. SERVICES AND USE

2.2 Use of the Services.

4.1 Misrepresentation. It is strictly forbidden to attempt or to aid in the misrepresentation or the

5. SUBSCRIPTION FEES AND TAXES

6. TERM, DEFAULT AND TERMINATION

7. PERSONAL AND PRIVATE INFORMATION

11. GOVERNING LAW

17. FORCE MAJEURE

18. REVISIONS TO THIS AGREEMENT

19. ENTIRE AGREEMENT

SERVICE LEVEL AGREEMENT

PARENTS DISCLAIMER AND TERMS OF USE

RELATION AND SERVICES

STORED AND COLLECTED INFORMATION

THE WEBAPP IS PROVIDED ON AN AS IS BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF

PROTECTION AND SECURITY

CHANGES TO THIS PARENTS DISCLAIMER AND TERMS OF USE

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