Guide · 24 September 2026
Reviewing a SaaS agreement: Five questions before signing
A SaaS agreement should reflect the product actually operated. The main terms, service description, SLA and provisions on data and exit all need to work together.
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A product name and feature list may leave important gaps. The contract should identify the functions promised, the customer’s cooperation duties and how material service changes are communicated. The service description should match the sales promise.
2. Can uptime and support commitments be measured?
An SLA is useful when its measurement point, period, maintenance windows, reporting and response times are clear. Promises should reflect the hosting setup and third-party dependencies. The consequences of missing a commitment should also be defined.
3. Do data protection roles match the data flows?
Whether a processing agreement is needed depends on the actual handling of personal data and the parties’ roles. Data categories, locations, subprocessors and security measures should be checked with the product team. A document label is not enough.
4. Are liability and change rules workable?
Liability provisions should reflect likely service failures and the commercial position of both parties. Standard-form terms must also respect the applicable German law on unfair terms. New features, pricing and scope changes need a procedure that can be followed in practice.
5. Can the customer actually leave?
Export format, timing, transition support, end of access and deletion should be settled before signing. A contractual promise to export data is of little value if the product cannot provide it technically.
Read these documents together
- Main agreement or SaaS terms and the current service description
- SLA, support terms and maintenance rules
- Processing agreement where applicable
- Pricing, term and change provisions
- Data export, deletion and exit assistance rules