Google’s October 2026 Workspace terms answer a question every SaaS vendor will face: who owns an AI agent? You own the agent you build. Google owns everything pre-existing. A SaaS agreement lawyer on where that line falls, what it means for risk and indemnities, and what to put in your own SaaS agreement.
Colorado’s new AI law can pull SaaS vendors into discrimination lawsuits over their customers’ decisions. The best defense: make human review the only intended use, in the contract and in the product.
Almost every fight I get pulled into is a version of “I thought you were doing that.” Build three responsibility charts, one per stage of the relationship, and stop pretending nothing is shared.
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.
The FTC’s federal click-to-cancel rule was struck down in 2025, but enforcement did not stop. It moved to older federal statutes, a $35 million settlement, and the first city-level cancellation rule.
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,
The three nuggets every enterprise SaaS vendor should remember are: set expectations early, link price to terms, and keep the agreement simple.
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.
Short answer: never shut down a customer’s site or disable their software access over a billing dispute unless your contract explicitly gives you the right to do so. Taking that step without clear contractual authority exposes you to a Computer Fraud and Abuse Act violation, which is both a civil
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.
Short answer: a short, plain-English FAQ is the most underused tool in SaaS selling. It explains the intangible thing you sell, answers procurement and legal before they ask, and lowers the anxiety that stalls deals. FAQs are not used enough by SaaS companies in selling and SaaS contract negotiation. Frame
Short answer: your software infringement indemnity should cover only your software, not your software combined with the customer’s or a third party’s technology. In AFLAC v. Intervoice, the vendor owed no indemnity because the infringement claim arose from that combination. This is what to know about the “combination exception” to
Short answer: insurance is a form of indemnity, a way to shift risk by contract. A SaaS company should carry commercial general liability, workers’ compensation, auto, and umbrella coverage, but most important is technology insurance (data breach, bug/glitch, and errors and omissions), because standard policies do not cover intangible losses
No. A SaaS contract negotiation is not just about price and functionality.
Acceptance criteria are subjective (“the customer decides if it is good enough”) and completion criteria are objective (“we delivered X, here is the proof”).