Terms and conditions for a subscription-based application downloaded from the internet. An added paragraph on artificial intelligence. Statutory warranty rights excluded for consumers. A content licence granted by an entity that did not upload the content. No procedure for reporting illegal content in an application that publishes user content. And no answer whatsoever to the question of who is liable for a model hallucination inserted into an official document.<\/p>\n
This is what SaaS terms and conditions with AI<\/strong> look like for most products that allow people other than the customer\u2019s employees to access the interface. If your product has a public-facing layer \u2014 a feedback form, issue map, comments section, marketplace \u2014 and an AI module, this article is for you.<\/p>\n I will explain the structural decisions you need to make so that a single set of terms can cover four legal categories of users: a B2B\/B2G customer, a member of their team, a consumer with a free account, and an unregistered guest. For each decision, I will indicate what needs to be included in the document and what needs to be built into the product.<\/p>\n The prevailing market narrative divides terms and conditions into B2B or B2C. A real SaaS product with a public-facing layer requires both at once \u2014 plus standard terms binding anonymous guests. Each of these layers is subject to different limits on freedom of contract.<\/p>\n If your terms and conditions do not distinguish between these categories, clauses copied from a B2B template \u2014 exclusion of statutory warranty rights, a liability cap limited to the amount of the fee, jurisdiction of the courts at the provider\u2019s registered office, confidentiality \u2014 will be ineffective or unfair in relation to consumers under Articles 385\u00b9 and 385\u00b3 of the Civil Code. You believe you are protected when you are not.<\/p>\nFour legal categories in one set of SaaS terms and conditions \u2014 why this is a problem<\/h2>\n
\n\n
\n \nUser category<\/th>\n Example<\/th>\n Basis for being bound by the standard terms<\/th>\n Limits on freedom of contract<\/th>\n<\/tr>\n<\/thead>\n \n Professional customer (B2B\/B2G)<\/td>\n Public authority, consulting firm, property developer<\/td>\n Subscription agreement, acceptance of the terms and conditions<\/td>\n Broad \u2014 exclusion of statutory warranty rights, liability cap, jurisdiction clause in favour of the courts at the provider\u2019s registered office<\/td>\n<\/tr>\n \n Member of the customer\u2019s team<\/td>\n External consulting firm granted access by the customer<\/td>\n Terms and conditions accepted when registering an account<\/td>\n Broader than for consumers, but requires a separate data processing agreement<\/td>\n<\/tr>\n \n End user with a free account (consumer)<\/td>\n Resident creating an account in a public consultation application<\/td>\n Acceptance of the terms and conditions upon registration<\/td>\n Limited \u2014 Articles 385\u00b9 and 385\u00b3 of the Civil Code, the Consumer Rights Act, GDPR<\/td>\n<\/tr>\n \n Unregistered guest<\/td>\n Person accessing the application through a public link, without a checkbox<\/td>\n Article 8(3) of the Act on the Provision of Electronic Services<\/td>\n Limited \u2014 there is no checkbox, so the terms are binding if made available before the service begins<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n