Have SaaS Agreement Templates Become Commoditized?

Have SaaS Agreement Templates Become Commoditized?

As a software attorney, I actually think about issues like have SaaS agreement templates become commoditized (= not distinguishable or different). My short answer to this question is no. Let me explain.

There are many websites that sell form agreements for less than $100, and they could be a great place for a company with a very limited budget to start from. Of course (as an attorney) I would recommend that any form contract buyer talk to an attorney before using the form (to make sure it works for them and is consistent with their SaaS model, etc.).

Think about it this way, SaaS agreement templates serve an additional purpose; they explain and educate the customer on how your SaaS model works and what they will be receiving (as no ‘tangible property‘ will be provided). For example, I propose that a SaaS agreement for one company should not be used by another company as the SaaS models may be different (e.g. data ownership, customer restrictions, warranties, support, renewal, payment, transferability, etc.).

As a result, I think that SaaS agreement templates have not become commoditized and (more importantly) won’t become commoditized. I am not saying don’t buy a form online, but I am saying if you do, have it reviewed by an attorney who is very familiar with contracts of that type. Let me know if you agree or disagree?



This is for informational and educational purposes only, and is not legal advice. Consult an attorney before making any legal decisions.

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