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.
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.
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 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.
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.
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.
An enterprise deal comes down to three linked ideas: a real commitment in exchange for any discount, clear rules on capacity and overage, and price and terms that move together.
In SaaS negotiations, keep price and contract terms linked. Once price is settled, the customer has no reason to stop asking for more terms, and you give concessions for nothing.
Cross-border SaaS sales raise two tax questions: permanent establishment, and place-of-supply rules for VAT and digital services taxes. The safe contract move is to shift local taxes clearly to the customer.
Short answer: an enterprise license agreement gives a large customer three things your standard paper does not: flexibility, predictable discounted pricing, and ease of administration. Design it around those, and price it so you are paid for the value. This is an issue near and dear to me, as I
If you negotiate software or SaaS deals, two books will do more for you than any “closing tactic” ever will: Getting to Yes and Difficult Conversations. Both come out of the Harvard Program on Negotiation, and both work on real deals, not just in theory. One of the most important
Short answer: SaaS trust building happens at every touchpoint, and the contract is one of the biggest. A short, clear, sophisticated agreement signals you have done this hundreds of times, which is exactly what makes enterprise buyers comfortable committing. I am a big believer that you have to build trust
SaaS customers walk into a deal expecting clear answers on five things, data ownership and exit, security, uptime, price predictability, and liability.
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