CCPA audit requirements start with calendar year 2027. Here is who is in scope, when the first CalPrivacy certifications are due, why the audit report can come back to bite you, and what your customers will ask you to sign.
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 auto-renewal statutes only protect individuals buying for personal use, so your enterprise deals sit outside them. A few do not. Virginia covers small businesses, Colorado deleted the consumer limit, and two old New York laws have always applied to companies.
Short answer: an SLA in software is a promise about availability and support with a price tag attached. It has six moving parts, and the one that decides what it costs you is not the uptime percentage everybody argues about. It is the definition of downtime sitting underneath it. I
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.
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
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.
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,
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.
Your SaaS agreement is a legal document, not a product manual. Keep the core legal terms in the contract and move the how-it-works material into an FAQ or policy you can update.
Copyright is the most popular and easiest way to legally protect your SaaS software, but it only covers part of what matters.
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
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