Terms and conditions for SaaS application/website without registered business

[Davoo]

What is the name of your state (only U.S. law)? California

Hello.I have a software as a service app soon to be launched. I worked on it by myself and I don't have a proper business registered yet. I'm going to do it when I will earn some money first. So I need to write Terms and Conditions for my users to accept. And I don't know how to specify the party of agreement. I have seen other SaaS companies use something like this at the beginning of TOS:

These terms of service (“Terms&#8221 are a legal agreement (“Agreement&#8221 between you, either an individual or a single legal entity (“You” or “you&#8221, and The Company Inc, which operates The Service Name available at www.theservicename.com.

I don't have a registered company, I only have the domain and my name. So could I use my domain as entity?

These terms of service (“Terms&#8221 are a legal agreement (“Agreement&#8221 between you, either an individual or a single legal entity (“You” or “you&#8221, and The Service Name (www.theservicename.com)

Note I'm not from US, I'm from EU, but this is Internet and my clients will be mainly in US, so it doesn't matter that much. Also this is a temporary thing. This will be an early access sort of thing, where user signs up and I personally create account for the user and communicate with him by email. I won't open it up into the wild (where an unlimited number of users can register and self-service themselves) until I have all business things sorted

 

[Zigner]

What is the name of your state (only U.S. law)? California

Hello.I have a software as a service app soon to be launched. I worked on it by myself and I don't have a proper business registered yet. I'm going to do it when I will earn some money first. So I need to write Terms and Conditions for my users to accept. And I don't know how to specify the party of agreement. I have seen other SaaS companies use something like this at the beginning of TOS:



I don't have a registered company, I only have the domain and my name. So could I use my domain as entity?




Note I'm not from US, I'm from EU, but this is Internet and my clients will be mainly in US, so it doesn't matter that much. Also this is a temporary thing. This will be an early access sort of thing, where user signs up and I personally create account for the user and communicate with him by email. I won't open it up into the wild (where an unlimited number of users can register and self-service themselves) until I have all business things sorted

Sorry, this forum is for US law matters only. Additionally, even if you want us to consider this a US law matter, the fact is that your request goes beyond the scope of this forum. You will want to seek appropriate legal counsel.

Good luck with your app!

 

[Davoo]

Ok, thanks. I guess I will just try with the domain. And yes, you could take it as US law matter. I just look for some general advice, it doesn't have to be too strict.

 

[Zigner]

Ok, thanks. I guess I will just try with the domain. And yes, you could take it as US law matter. I just look for some general advice, it doesn't have to be too strict.

No, you're asking for specific legal advice on how to draft your terms of service. That's not "general" advice. The "general" advice is to seek local counsel.

 

[quincy]

Ok, thanks. I guess I will just try with the domain. And yes, you could take it as US law matter. I just look for some general advice, it doesn't have to be too strict.

I agree with Zigner that you need to find help in structuring your business and drafting a proper terms of service agreement from a legal professional in your area of the world. We cannot assist with the creation of legal agreements.

In addition, it will be the laws of your country that govern you and your business.

I can say that I see problems with you using only a web address. I recommend you wait on sales until your business is developed sufficiently.

Good luck.

 

[Davoo]

I was thinking on using my own name in the terms, along with the domain. At least that would be most legit. As long as I don't have a registered limited liability company, I'm personally responsible for the "business" anyway.

 

[quincy]

I was thinking on using my own name in the terms, along with the domain. At least that would be most legit. As long as I don't have a registered limited liability company, I'm personally responsible for the "business" anyway.

Seek out legal advice and direction in your country. Good luck.