Cloud Services

The Vendor Security Alliance: Why SaaS Companies Should Care

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,

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What You Don’t Want in Your Cloud Services Agreement.

Short answer: the thing you do not want in a cloud services agreement is “strategic uncertainty,” vague clauses a counterparty can weaponize later. Nail down money, restrictions, and disclaimed risks, and define the soft words (like “undisputed”) so they cannot be gamed. First, a definition. “Strategic uncertainty” is when a

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Drafting Your Cloud Services Agreement

Short answer: draft your cloud services agreement for clarity and transparency, and only commit to obligations you actually control, because outside of indemnities your liability generally flows from being in breach. There are many things to think about when drafting a cloud services agreement, but here are three to get

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Collecting Sales Tax on Software

Sales tax on software is a state-by-state question, you owe it whether or not you collected it, and since Wayfair you can owe it in states where you have no office. Three practical things to remember.

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