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
Short answer: security due diligence is the number one thing slowing SaaS deals down. A shared, standardized security questionnaire and rating (like the Vendor Security Alliance) can let a vendor prove its security posture once and close faster. The VSA is a group called the Vendor Security Alliance. As soon
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, so you should run a public “trust site” outside your contract that shows customers your security, uptime, and compliance posture. Since I first wrote about this, trust sites have gone from a nice-to-have to something enterprise buyers expect. A while
Well it is a little of both, but let me explain. I learned something about the Salesforce.com agreement that totally changed my thinking about SaaS and PaaS agreements, and service level agreements (SLAs): there is no SLA in the Salesforce.com agreement. Yep, you read it right; there is no SLA
Short answer: the thing you don’t want 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 can’t be gamed. First, a definition. “Strategic uncertainty” = when a party intentionally creates an ambiguity in
Short answer: draft for clarity and transparency, and only commit to obligations you actually control, because outside of indemnities your liability generally flows from being in breach. While there are many things you should think about when drafting a cloud services agreement, here are 3 you should definitely think through.
Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. Gartner wrote this interesting piece recently called the “Rights and Responsibilities for Consumers of Cloud Computing Services” and published it in the Cloudbook. It is worth a read, and I also have added some of my insights on how and
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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