Most US AI rules put the disclosure duty on your customer, not on you. If you added AI features by calling a third-party foundation model, you are a service provider. Here are the three assistance duties you actually owe, the one obligation nobody can make you take on, and the mistake that flips you into controller status.
Most software vendors cap liability at fees paid. In a 2025 Eighth Circuit decision, that language barred an Omaha vendor from recovering a dollar of the $1,884,000 its enterprise customer walked away from. Here is what to change in your own agreement.
Six states now make you register as a data broker if you sell or license personal data about people who never dealt with you, and the definition is a lot wider than the reputation. California has already fined S&P Global $62,600 over an administrative error. Here is how to tell if it reaches you.
Data Retention Policy: 3 Takeaways for SaaS Vendors Short answer: a good data retention policy makes three promises and backs each one with proof. You say how long you keep customer data and delete it automatically, you stop anyone from casually reading it, and you give the customer a way
Last updated: June 27, 2026 Precise geolocation data is location information that pinpoints a person within a radius of about 1,750 feet, and if your mobile app collects it, you are sitting on one of the most heavily regulated categories of personal data in the United States. Here is the
A clickwrap agreement is only as enforceable as the way you implemented it. Courts don’t enforce the terms you wrote. They enforce the click your user actually made, on the screen you actually showed, in the moment they actually made it. The document is the easy part. The implementation is
If you sell an auto-renewing subscription, your SaaS subscription agreement (and the cancellation flow that goes with it) is under more legal pressure now than it was a year ago, even though the FTC’s federal “click-to-cancel” rule was struck down in 2025. Enforcement didn’t stop. It just shifted to older
Short answer: An indemnity forces the vendor to spend money defending the customer on a mere allegation, with very few defenses, while a breach of contract claim puts the cost and the burden of proof on the customer. That is why customer paper is full of indemnities. When negotiating a
Short answer: AI and machine learning agreements are not standard software licenses. Three issues drive everything: how the system works and who does what, who has what rights to the trained model, and who owns the underlying software and algorithm. Training-data rights and output liability are the two modern battlegrounds.
Short answer: security due diligence is the primary bottleneck in enterprise SaaS deals today. The Vendor Security Alliance standardizes the security questionnaire buyers send vendors, letting you prove your security posture once in a trusted format rather than answering a custom questionnaire for every enterprise deal. As a SaaS attorney,
Short answer: the three nuggets every enterprise SaaS vendor should remember are: set expectations early, link price to terms, and keep the agreement simple. We represent lots, literally 100s and 100s, of SaaS companies, and there are a few nuggets of useful information we want to share with other SaaS
Short answer: a disclaimer states what you are not responsible for, and a well-placed one can get a fraud or misrepresentation claim dismissed, as the real case below shows. Every SaaS vendor should carry a short set of responsibility disclaimers, in the agreement and where the risky decision actually happens.
Short answer: copyright is the most popular and easiest way to legally protect your SaaS software, but it only covers part of what matters. It protects your code as written expression. It does not protect the underlying functionality, and your GUI is a closer call than most vendors assume. While
Short answer: if you sell SaaS, you are selling trust. A public trust site — separate from your contract — shows enterprise buyers your security posture, uptime history, and compliance status in one place. It closes deals faster than any amount of contract language can. Since I first wrote about
Short answer: certain phrases in a SaaS or software agreement template, particularly conditions precedent tied to signing deadlines, can void an entire contract even after both parties sign it. A 2014 case makes the point. Know which words create those traps and strike them before any customer sees them. I
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