3 Things to Consider When Creating your Enterprise SaaS Agreement Lots of clients ask me to help them with their enterprise SaaS agreement models. The discussion always starts with; well tell me about your ‘enterprise’ SaaS offering. Too often the clients don’t have it all mapped out, so we then
Every software app developer needs to know about the latest software app privacy issues, so I thought I would provide a brief summary of some of the best published privacy guidelines for app developers. You may have missed it, but the Federal Trade Commission (aka FTC), the Attorney General for
SaaS Indemnity – What Types of Insurance should a SaaS Company Purchase? Every SaaS company should have insurance , as any typical business should and would. However, there are a few significant differences that every SaaS company should be aware of (by the way, insurance is a form of indemnity
Yea I know the $ and the functionality of the SaaS offering are important in any SaaS contract negotiations, but there is a lot more going in the mind of your buyers. I think the best metaphor for this, is from the book “Switch. How to Change Things, When Things
The Difference Between Acceptance and Completion Criteria in a SOW (View of a SaaS Attorney) As a SaaS attorney, I have been running into this issue a lot recently, so I thought it warranted a blog post. What is the difference between acceptance criteria and completion criteria in a SOW,
Well it is a little of both, but let me explain. I learned something about the Salesforce.com agreement that totally changed my thinking about SaaS and PaaS agreements, and service level agreements (SLAs): there is no SLA in the Salesforce.com agreement. Yep, you read it right; there is no SLA
Microsoft Finally got it Right. They Created a Plain English EULA! Microsoft drafted their new Windows 8 EULA in plain English and in a way that has never been done before (at least based on what I have read … and I read lots of EULAs). The New EULA Structure. It
There are some great lessons here regarding SaaS confidentiality agreements (aka NDAs). Background: A startup SaaS company disclosed its confidential consumer electronic buyback program information when trying to win the business from a ‘prospective customer’ = Best Buy. Best Buy gave all the right buying signals and Techforward went even further and
Don’t be surprised if you don’t totally understand this SaaS agreement question, even though you want to know the answer. Ok, let me explain, and this will (hopefully) become clearer. In every SaaS transaction, the law imposes a liability model that is limited only by what your customer can prove
Ok, let me explain what I mean. Enterprise customers too often want to make up their own terms (i.e rules) regarding how they use your software service. As a result, you really need to think about linking price with terms (in your SaaS agreement). How does this work, well let’s
Tell Your Customer to Backup Their Data (so Says the Utah Supreme Court) The Utah Supreme Court ruled in June 2012, that when a software vendor is sued for its software’s destruction of customer data, it really matters whether the software vendor told the customer to backup its data
Ok, I need to define a term first. ‘Strategic uncertainty’ = when a party to say a cloud services agreement intentionally tries to create an ambiguity in a clause, so they can later use it for their benefit (in a dispute of course). Look agreements are all about certainty and rules,
3 Things to Consider When Drafting Your Cloud Services Agreement While there are a lot of things you should think about when drafting your cloud services agreement, here are 3 things you should definitely think through. 1) Clarity. While not all lawyers agree, I think cloud services agreement in particular should
Ok that may be a little bit of an overstatement, but I do think that this new concept of ‘Privacy By Design’ is the future of privacy in terms of SaaS privacy and software privacy. Here are 3 simple things you should know about Privacy By Design: 1) ‘Being Adopted’
The taxation of international SaaS transactions is complicated and not all worked out, but I thought I would summarize a few key points from a recent Grant Thornton article on the subject. Here are a few key things to think about: Permanent Establishment – this is accounting speak for do
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