Functionality clause: Copy, customize, and use instantly
Introduction
A functionality clause defines the scope and performance standards of a product or service, specifying the expected features, capabilities, and any limitations. It ensures that both parties agree on the level of functionality that will be delivered, serving as a key benchmark for performance and delivery expectations.
Below are templates for functionality clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard functionality clause
This version outlines basic functionality expectations.
The [Provider] agrees to deliver the licensed materials with the functionality described in [Schedule X], which shall include [list specific features or capabilities]. Any deviations from these specifications must be approved by the [Customer].
Functionality clause with service level performance metrics
This version ties functionality to performance.
The [Provider] shall ensure that the licensed materials meet the specified performance criteria, including [X speed, Y uptime, Z response time], as detailed in the Service Level Agreement (SLA) attached in [Schedule Y].
Functionality clause with minimum feature set
This version specifies essential features.
The [Customer] acknowledges that the licensed materials shall include at least the following core features: [list key features]. Any additional features or enhancements shall be subject to mutual agreement and may incur additional costs.
Functionality clause with limitations on use of functionality
This version restricts certain features.
The [Customer] agrees that certain functionality, including [feature], shall only be used for [specific purpose], and any other use is prohibited unless expressly authorized by the [Provider].
Functionality clause with regular updates requirement
This version mandates ongoing improvements.
The [Provider] agrees to provide regular updates to the licensed materials to ensure that the functionality remains consistent with current industry standards, including [specific updates] every [X months].
Functionality clause with compatibility requirement
This version ensures compatibility with systems.
The licensed materials shall be compatible with the systems outlined in [Schedule X], including [specific software or hardware]. Any significant compatibility issues must be resolved by the [Provider] at no additional cost to the [Customer].
Functionality clause with bug fix timeline
This version sets bug resolution timelines.
The [Provider] shall fix any bugs or defects in the functionality of the licensed materials within [X] business days of being notified by the [Customer], provided the issue is not caused by improper use.
Functionality clause with feature enhancement provision
This version allows feature additions.
The [Customer] may request additional functionality or feature enhancements at any time, subject to mutual agreement and any additional fees as agreed upon in writing.
Functionality clause with limitation on scope of features
This version narrows the scope.
The functionality of the licensed materials shall be limited to the features outlined in [Schedule X], and any requests for new features or functionality shall be subject to separate negotiations and approval.
Functionality clause with performance testing right
This version allows the customer to test performance.
The [Customer] shall have the right to perform performance tests on the licensed materials to verify that the functionality meets the agreed-upon specifications. Any failure to meet the agreed performance metrics shall be addressed by the [Provider].
Functionality clause with user interface standards
This version sets UI requirements.
The [Provider] shall ensure that the user interface of the licensed materials meets the usability and accessibility standards outlined in [Schedule Y] to provide a user-friendly experience for all users.
Functionality clause with restricted access to certain features
This version limits access.
Certain advanced functionality, including [specific feature], shall be made available to the [Customer] only upon payment of an additional fee, as detailed in [Schedule Z].
Functionality clause with multi-device support
This version requires device compatibility.
The [Provider] shall ensure that the licensed materials support use across multiple devices, including [list of devices], and ensure compatibility with each device type.
Functionality clause with third-party integration support
This version allows third-party tools to be used.
The licensed materials shall be compatible with the third-party tools and platforms listed in [Schedule X], and the [Provider] shall provide integration support for such platforms as part of the standard service.
Functionality clause with data export feature
This version includes export functionality.
The [Customer] shall have the ability to export data from the licensed materials in [specified formats], including [CSV, XML], at any time during the term of the Agreement.
Functionality clause with error handling and troubleshooting support
This version specifies error resolution.
The [Provider] shall include error handling and troubleshooting functionality within the licensed materials, and the [Customer] shall have access to [X hours] of support to resolve any issues that may arise.
Functionality clause with beta feature access
This version grants access to new features.
The [Customer] shall be granted access to beta versions of any new functionality developed by the [Provider] during the term of this Agreement, subject to the [Provider]’s terms for beta testing.
Functionality clause with support for scaling features
This version supports growth.
The licensed materials shall include functionality that allows the [Customer] to scale operations, including [list specific features], to accommodate increased usage or data volume as needed.
Functionality clause with restrictions on reverse engineering
This version prohibits reverse engineering.
The [Customer] agrees not to reverse engineer, disassemble, or decompile any portion of the licensed materials to alter or replicate functionality, except as expressly permitted by the [Provider].
Functionality clause with performance benchmarking
This version includes benchmark measurements.
The [Provider] shall perform regular benchmarking tests to verify the performance and functionality of the licensed materials, with results shared with the [Customer] upon request.
Functionality clause with user access limitations
This version limits functionality based on user roles.
The functionality of the licensed materials shall be available only to authorized users with the appropriate access levels, as specified in [Schedule X].
Functionality clause with service availability guarantee
This version ensures uptime.
The [Provider] guarantees that the licensed materials will be available for use [99.9%] of the time during the term of this Agreement, excluding scheduled maintenance and downtime due to force majeure events.
Functionality clause with product support features
This version includes support functionality.
The licensed materials shall include a built-in support feature, allowing users to access help documentation and contact support directly from within the application.
Functionality clause with custom functionality option
This version allows for customization.
The [Customer] may request custom functionality or modifications to the licensed materials, which will be subject to separate pricing and development timelines agreed upon by both parties.
Functionality clause with access to future upgrades
This version includes future upgrades.
The [Customer] shall receive access to all future upgrades and updates to the functionality of the licensed materials at no additional cost during the term of the Agreement.
Functionality clause with downtime limitations
This version governs downtime periods.
The [Provider] shall not exceed [X] hours of downtime in any given month, and the [Customer] shall be notified of any planned downtime at least [X] days in advance.
Functionality clause with feature-specific training requirement
This version requires training for specific features.
The [Customer] shall ensure that all users of the licensed materials are trained on the core functionality of the system, including [specific feature], through training sessions provided by the [Provider].
Functionality clause with limited liability for functionality defects
This version limits the provider's liability.
The [Provider] shall not be liable for any losses, damages, or disruptions arising from defects in the functionality of the licensed materials unless caused by gross negligence or intentional misconduct.
Functionality clause with feature exclusion list
This version clarifies excluded features.
The licensed materials shall not include the following functionality, which is excluded from the scope of this Agreement: [list of excluded features or capabilities].
Functionality clause with live feature status updates
This version includes feature status transparency.
The [Provider] shall provide the [Customer] with real-time updates on the status of any key features, including functionality changes, updates, and performance issues.
Functionality clause with third-party software compatibility guarantee
This version ensures compatibility with external software.
The licensed materials shall be compatible with third-party software applications as specified in [Schedule X] and shall integrate seamlessly with such software.
Functionality clause with backup and recovery functionality
This version includes data protection.
The licensed materials shall include functionality for data backup and recovery, allowing the [Customer] to restore data to a previous state in the event of data loss.
Functionality clause with export/import functionality
This version provides data management capabilities.
The [Customer] shall have the ability to import and export data from the licensed materials in the specified formats, including [CSV, JSON], to enable integration with other systems.
Functionality clause with multi-language support
This version supports multiple languages.
The licensed materials shall include support for multiple languages, as specified in [Schedule Y], and the [Customer] shall have access to [X] language options for the user interface.
Functionality clause with conditional feature access
This version controls feature availability.
Certain advanced features of the licensed materials shall be made available to the [Customer] upon reaching predefined thresholds, including [X sales or user count].
Functionality clause with content customization rights
This version allows the customer to modify content.
The [Customer] may customize the content and functionality of the licensed materials within the boundaries of the features specified in [Schedule X], but may not modify underlying code without prior consent from the [Provider].
Functionality clause with data encryption requirement
This version mandates security features.
The [Provider] shall ensure that all data processed through the licensed materials is encrypted using industry-standard encryption protocols, including [specific encryption types].
Functionality clause with limited warranty on functionality
This version limits the warranty period.
The [Provider] warrants that the licensed materials will perform according to the specifications outlined in [Schedule X] for a period of [X months]. After this period, the [Provider] makes no further warranty regarding functionality.
Functionality clause with interim functionality changes notification
This version governs updates and changes.
The [Provider] shall notify the [Customer] in writing at least [X days] in advance of any interim changes to the functionality of the licensed materials, including updates or feature removals.
Functionality clause with feature exclusion based on product version
This version excludes features for certain versions.
The functionality of the licensed materials is limited based on the version purchased by the [Customer], and certain features may be excluded unless the [Customer] upgrades to a higher-tier version.
Functionality clause with third-party software dependency
This version includes third-party software requirements.
The [Customer] acknowledges that certain functionality of the licensed materials depends on third-party software, as specified in [Schedule X], and the [Provider] is not responsible for issues caused by the third-party software.
Functionality clause with performance-based fee adjustment
This version adjusts pricing based on performance.
The [Customer] agrees to pay a higher fee if the [Provider] meets performance metrics, including functionality speed, uptime, and accuracy, as detailed in [Schedule Y].
Functionality clause with accessibility features requirement
This version ensures accessibility.
The [Provider] shall ensure that the licensed materials comply with accessibility standards, including [WCAG 2.0], to provide equal access to all users, including those with disabilities.
Functionality clause with resource allocation guarantee
This version guarantees the resources required for functionality.
The [Provider] guarantees that sufficient system resources, including server capacity and processing power, will be allocated to maintain the functionality of the licensed materials without interruption.
Functionality clause with service downtime compensation
This version offers compensation for downtime.
In the event of service downtime that affects the functionality of the licensed materials for more than [X hours], the [Customer] shall be entitled to a service credit equal to [X]% of the monthly fee.
Functionality clause with customized feature request process
This version allows for customized features.
The [Customer] may request customized functionality for the licensed materials, which will be reviewed and priced separately by the [Provider] based on the complexity of the request.
Functionality clause with feature freeze during development phase
This version freezes features during a specific phase.
During the development phase, the functionality of the licensed materials shall be considered frozen, and no new features shall be added without the mutual agreement of both parties.
Functionality clause with automated feature updates
This version allows automatic updates.
The [Provider] shall provide automated updates for the functionality of the licensed materials, ensuring that the [Customer] receives the latest features and improvements without additional cost.
Functionality clause with defined service level for functionality
This version outlines expected service levels.
The [Provider] agrees to maintain the functionality of the licensed materials at a service level of [X]% uptime, with a response time for critical issues not exceeding [X] hours.
Functionality clause with cross-platform functionality guarantee
This version ensures cross-platform compatibility.
The [Provider] shall ensure that the licensed materials function seamlessly across all supported platforms, including [list platforms], and that the functionality is consistent on each platform.
Functionality clause with manual operation support
This version requires manual functionality support.
The [Provider] shall ensure that manual operation options are available for all key functionality in the licensed materials, allowing the [Customer] to override automated processes when necessary.
Functionality clause with feature usage tracking
This version tracks feature usage.
The [Provider] shall provide the [Customer] with monthly reports on the usage of specific features within the licensed materials to ensure that the [Customer] is utilizing the materials effectively.
Functionality clause with feature integration support
This version supports integration of features.
The [Provider] shall assist the [Customer] with integrating the licensed materials’ features into their existing systems and provide documentation and technical support during the integration process.
Functionality clause with resource scaling option
This version allows scaling functionality.
The [Customer] may request additional resources to scale the functionality of the licensed materials, such as increased storage or processing power, upon payment of additional fees as agreed upon by both parties.
Functionality clause with advanced functionality availability
This version makes advanced features available.
The [Provider] agrees to provide the [Customer] with access to advanced functionality, including [list advanced features], upon upgrading to a premium tier or upon payment of additional fees.
Functionality clause with minimum operating system requirement
This version sets system prerequisites.
The functionality of the licensed materials is guaranteed only when operating on [specific operating system], and the [Customer] must ensure that their systems meet this requirement for optimal performance.
Functionality clause with third-party service dependency for full functionality
This version ensures third-party service reliance.
Full functionality of the licensed materials is dependent upon the uninterrupted operation of [third-party service], and the [Provider] shall not be held liable for functionality loss caused by failure of such services.
Functionality clause with training requirement for advanced features
This version requires training for complex features.
The [Customer] agrees to provide adequate training for its users on the advanced functionality of the licensed materials, which may require additional support and instruction from the [Provider].
Functionality clause with limited feature access during trial period
This version limits access in trials.
During the trial period, the [Customer] shall have limited access to the functionality of the licensed materials, with full functionality only available upon the execution of a paid license agreement.
Functionality clause with exception for force majeure events
This version exempts the provider during emergencies.
The [Provider] shall not be held responsible for any failure to provide functionality during a force majeure event, including natural disasters, technical failures, or regulatory restrictions.
Functionality clause with specified maintenance window
This version defines the maintenance window.
The [Provider] shall perform maintenance on the licensed materials during the designated maintenance window of [X hours], during which functionality may be temporarily disrupted.
Functionality clause with right to withdraw feature access
This version allows removal of features.
The [Provider] reserves the right to withdraw access to specific features of the licensed materials if the [Customer] fails to meet certain requirements or breaches terms of the Agreement.
Functionality clause with guaranteed uptime for critical features
This version guarantees availability of critical features.
The [Provider] guarantees [X]% uptime for critical functionality, including [specific features], and agrees to provide compensation if this level of service is not met.
Functionality clause with change control for new features
This version governs new feature introductions.
Any new functionality added to the licensed materials must be subject to a formal change control process, with both parties agreeing to the scope, timeline, and cost implications of any such changes.
Functionality clause with backup and restore feature
This version supports data recovery.
The [Provider] shall ensure that the licensed materials include a built-in backup and restore functionality, allowing the [Customer] to recover critical data in the event of system failure.
Functionality clause with customized performance metrics
This version specifies performance standards.
The [Customer] and [Provider] shall agree upon custom performance metrics to measure the functionality of the licensed materials, including [response time, uptime, processing speed].
Functionality clause with regular functionality reviews
This version mandates performance reviews.
The [Customer] and [Provider] shall conduct quarterly functionality reviews to assess the performance of the licensed materials and identify areas for improvement or optimization.
Functionality clause with interoperability requirements
This version ensures system compatibility.
The [Provider] guarantees that the licensed materials will integrate seamlessly with other software and hardware systems as specified in [Schedule X], and will maintain full functionality across these systems.
Functionality clause with security and privacy functionality requirements
This version ensures data security.
The [Provider] shall include functionality within the licensed materials to protect user data and ensure compliance with applicable privacy and security regulations, including [specific laws or standards].
Functionality clause with optional feature add-ons
This version allows optional features.
The [Customer] may purchase optional add-ons to enhance the functionality of the licensed materials, including [list add-ons], for an additional fee as agreed in [Schedule Y].
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.