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: 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: 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: a little of both, but mostly trust. The lesson from Salesforce.com is that there is no SLA buried in its subscription agreement; the uptime and security commitments live on a public “trust site” instead, which shortens the contract negotiation and builds more trust than an embedded SLA ever
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
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
A cloud services agreement is the contract between a cloud or SaaS vendor and its customer, and a good one nails down the things a customer cannot afford to leave to chance: who owns the data, what the service level is, and how data comes back when the deal ends.
Short answer: sales tax on software is a state-by-state question, you are liable for it whether or not you collected it, and since the 2018 Wayfair decision you can owe it in states where you have no office at all. Here are the practical things to remember. This is a
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