SaaS Lawyer

SaaS Agreements Lawyer Andrew S Bosin LLC represents startups, vendors, providers, resellers, end-users, developers, customers and enterprise companies all across the USA in drafting and negotiating SaaS Subscription Agreements, End User License Agreements (EULA), Reseller Agreements, Software Application Development Agreements, Master Services Agreements, Software Licensing Agreements, Cloud Computing Agreements, Cloud Managed IT Services Agreements, Website and Internet Legal Agreements and Data Processing Agreements (DPA) that are compliant with GDPR and EU Law. Please read about some of the SaaS legal services Andrew offers https://saas-lawyer.com/saas-attorney

With offices in New Jersey just across the river from New York City, SaaS Contracts Lawyer Andrew S Bosin offers experienced SaaS, Cloud and Software legal advice to clients who are doing SaaS deals and transactions all over the USA. Please read Andrew's article on some of the legal services he provides to SaaS companies https://saas-lawyer.com/saas-lawyer-1/f/saas-lawyer

SaaS Lawyer Andrew S Bosin LLC represents more than 100 SaaS, Technology, Software, Cloud and Blockchain Technology early stage startups, co-founders, entrepreneurs, vendors, developers, customers, end-users, licensees and mature software enterprise companies.

As a SaaS Contracts Attorney, Andrew also counsels early stage growth companies, founders and entrepreneurs on incorporating in Delaware and also drafting bylaws, founders' restricted stock agreements, investor agreements, VC Term Sheets, board resolutions and IP Invention and Assignment Agreements. Andrew also negotiates Promissory Notes, SAFEs, investor documents and he also helps clients structure and close capital financing rounds.

While the goal for a startup or early stage company that needs legal advice should be getting and paying a fair price, it is just as important to find a legal partner who has your company’s best interests at heart: not an attorney who flags every issue that can kill a deal. You want a Technology Lawyer by your side who thinks outside of the box and because of his own startup experiences can work through the issues and close that critical deal. To this effect, Andrew spent thousands of hours working in his own SaaS company building and scaling it with his partners.

This is where Andrew’s vast experience as a SaaS entrepreneur distinguishes his legal practice from other lawyers across the United States. While some SaaS and Technology Lawyers might be very good at drafting the legal documents you need for a crucial proof of concept with your first client Andrew has actually rolled up his sleeves as a SaaS entrepreneur and been personally involved alongside his partners with the development of his company’s SaaS application, discussing and creating sales and marketing strategies and working on and refining the “proof of concept.” Then, Andrew spent countless hours actually involved in furtherance of his SaaS company's sales and marketing efforts.

There are lawyers out there who can give you great legal advice. However, there are not many like Andrew who have risked their own time and money and put thousands of hours into their own SaaS startup. If you are a SaaS vendor Andrew's experience in scaling a SaaS startup can add tremendous value to your negotiations with enterprise customers. Andrew has stood in your same shoes as General Counsel to his own SaaS startup. His vast experience in dealing with lawyers from enterprise companies will be invaluable to speeding up the process of getting the contract negotiated and signed. Unlike most lawyers Andrew is a SaaS "insider" in that he has worked on every aspect of a SaaS enterprise deal as both a SaaS Lawyer and SaaS entrepreneur. While most lawyers get bits and pieces of information about their clients’ software Andrew had a different experience as the General Counsel for his SaaS company as he was able to glean critical information from his various partners needed to successfully negotiate enterprise agreements. For example, if an enterprise customer needed to know about the data security functions of his company’s application Andrew spoke with his partners who built the application and understood its capabilities. Please read Andrew's article on what to know before joining a SaaS startup https://saas-lawyer.com/saas-lawyer-1/f/what-to-know-before-launching-or-joining-a-saas-startup

While some lawyers might do a great job drafting let's say a SaaS software development agreement Andrew has personally experienced the building of his company's SaaS application as the owner of a SaaS startup. Why is this significant? This is because most of the issues that Andrew helps clients with who have hired developers to build their applications he has experienced first-hand in participating in the software development process of his own company's SaaS application. One of the critical pieces in developing SaaS software is in the beginning stages where the client and developer create drawings, wireframes and schematics and try to get on the same page to understand exactly what needs to be built. The last thing you want to have happen is to spend a lot of money having a SaaS application developed only to get a product that does not function properly or not according to your specifications. Andrew works with clients to make sure that the software developer's agreement contains language requiring that the client sign off on all drawings, wireframes and schematics. Andrew also saw first-hand how the whole software development process comes together with the developer reaching milestones or certain phases where pieces of the software are finished such as the front end and back ends.

And, Andrew has also personally raised capital for his startup and closed four financing rounds. Andrew also met with and spoke with dozens of potential clients and investors, including VC's. Why is this important? It's because inevitably SaaS startups will seek out investors and Andrew can provide guidance about the process from start to finish.

Andrew's experience in building a SaaS startup has been priceless. Clients seek Andrew out not only to help them draft SaaS contracts and agreements but also to help them build and scale their companies. Andrew, because of his own startup experiences also helps clients understand the differences between recurring and non-recurring income. Recurring income is your company’s steady group of customers that renew their contracts year after year. Non-recurring income is something that is short term or purchased one time such as buying movie tickets or some groceries. Perhaps a SaaS vendor holds an event and gets five customers out of it. There is no guarantee that these customers will be recurring income. Please read Andrew's article on SaaS Startup Tips. https://saas-lawyer.com/saas-lawyer-1/f/saas-startup-tips

Information Technology (IT) Agreements

Andrew is also highly experienced in technology-centric business transactions and licensing in the ever-evolving and growing IT landscape. When legal issues are formed by complex technical factors, Andrew has the ability to understand his clients’ business goals and needs.

Andrew thinks like an entrepreneur with practical solutions because he is an entrepreneur having also built and scaled a SaaS business with partners. Andrew understands his client’s business and market needs to provide efficient, cost effective and responsive legal services. Andrew understands that technology and software companies need more than just legal services to be successful, so he maintains contacts with seed, angel and VC investors and other professionals in the capital financing industry. Andrew also offers flexible, flat rate billing arrangements for start-up and emerging growth companies and entrepreneurs.

No matter if it’s software, SaaS, e-commerce, cloud, mobile, hardware or some other IT subsector, the ever increasing fast pace of innovation and change can seem dizzying for some and a welcome opportunity for others. Andrew embraces the challenge.

Across an array of industries, Andrew helps businesses develop, commercialize and protect company intellectual property assets, and identify possible risks associated with licensing such assets. Andrew regularly counsels his clients with strategic business model analysis, technology development (alone or in conjunction with joint venture or partner companies), intellectual property (IP) protection and commercial transactions. 

Areas Represented

· Health information technology

· Block chain

· E-commerce and new media

· Internet-of –Things (IOT)

· IT and outsourcing services including cloud migration

· IT equipment and computer hardware manufacturers

· Software application developers, including internet and mobile apps

· Big data and data analytics providers

· Non-IT companies procuring mission-critical IT assets and services

· Artificial intelligence

· Payment systems

In today’s highly competitive global marketplace you need a strategic legal advisor that possesses a deep understanding of the underlying business and legal issues driving change and opportunity in an array of sectors. Andrew has that understanding and leverages it to deliver innovative and pragmatic legal solutions for a wide range of clients across the IT ecosystem from startups companies to investors to multinational corporations.

Intellectual Property Licensing Agreements. IP Licensing Agreements can provide revenue or strategic access to the valuable assets of others. They can also help companies seeking to get into new markets. Entering into agreements with third parties such as vendors, employees and competitors can sometimes be necessary to limiting exposure to legal conflicts or lawsuits. Andrew negotiates and drafts contracts that license the use of intellectual property.  Andrew can help your company create effective IP licensing strategies, draft and review critical agreements and help walk you through complex negotiations.

Andrew assists his clients in developing intellectual property (IP) strategies, raising capital, acquiring and selling technologies and companies, and developing valuable strategic partnerships. Andrew reviews and prepares a wide range of technology, licensing and vendor agreements. 

Andrew’s wide range of technology clients reflect the diverse reach of intellectual property. Andrew’s clients range from single entrepreneurs either developing technology or getting startups off the ground with valuable IP. Andrew also helps SaaS, software and cloud vendors seeking to license valuable IP in the form of services, solutions, applications and platforms. 

Andrew regularly represent clients throughout New Jersey and the United States.  Regardless of your company’s size, location or industry, Andrew can develop a tailored, value-added, cost-effective approach to fit your business needs.   

Andrew helps identify, protect and exploit, trade secrets and valuable software and technology applications.  Andrew’s focused experience often yields value from frequently overlooked intellectual property, such as, business processes, trade dress and contract networks.

Andrew’s law firm offer a full range of intellectual property services, including:

• IP Asset Management

• IP Sales and Transfers

• Licensing

• Trade Secret

Andrew can help in drafting, negotiating, structuring and licensing contracts for many different types of IP Agreements. Andrew can also draft IP language for employment and vendor agreements, including for indemnification.

Andrew creates ongoing relationships with his clients through conversations to help simplify and understand intellectual property (IP) legal issues. Andrew’s door is always open to his clients to discuss IP licensing strategies that into their business strategies. 

Andrew also helps startups think about how to best position themselves when approaching, meeting with or pitching investors. Although you need to have a great product that offers exceptional value in the marketplace and demonstrate to an investor that your team can execute flawlessly on a business plan there are other intangibles that you need to knock out of the park when you eventually meet with investors. 

You need to be prepared when you meet with an investor. Be over prepared if anything. This includes creating a sales or pitch deck which contains financial projections for sales, costs, expenses and revenues. You have to remember that an investor can lose interest very quickly. If you hand them a 50 page sales deck or 100 slide pitch deck they are not going to be happy and likely will lose interest. You have to think of an investor as a child with no patience who has a limited attention span. So when you are presenting make your points and be concise about it. Don’t waste an investor’s time with endless diatribe about the finer points of your company. And, know your financials inside and out. The last thing you want to have happen is to be stumped on a question about sales projections in Q3 of next year. The bottom line is don’t wing it.

You also need to leave your ego at the door. Unless you have successfully exited from other startups and are well know in your industry the only person in the room with an ego should be the investor. 

You need to be able to tell a clear and compelling story to investors about why companies will want to use your product. 

You need to be able to demonstrate who your target customer is and how you are going to effectively market your product to these prospective customers. 

The team. The investor needs to get a picture of each team member and what they bring to the table. Remember, it’s the investor’s money that is going to fund your salaries. 

Perhaps most important is if you can’t demonstrate how you are going to make money and a healthy return on the investment you will never get funded. 

Recurring income is the backbone of SaaS based Subscription companies. If a SaaS company does not have a steady stream of good customers generating recurring income it is likely this company will not survive. The advantage of having recurring income is that it gives the SaaS vendor the ability to predict future earnings with more accuracy. A smart SaaS vendor can calculate recurring income with metrics such as churn rate and user growth rate to get a better understanding of the company’s future income. This predictability is priceless for a SaaS vendor going through a capital raise as it will be able to demonstrate to investors its track record for growth. Please read Andrew's article on Recurring Income https://saas-lawyer.com/saas-lawyer-1/f/why-recurring-income-is-so-important-for-saas-vendors

When Andrew is counseling clients through a SaaS deal his strength is the fact that he has experienced the same things as General Counsel for his own SaaS startup in negotiating enterprise deals globally. What most SaaS startups don't understand because of lack of experience is that getting an enterprise SaaS deal done takes more than just having a great product that the client wants. What it takes is the ability for the SaaS startup to identify the key individuals in the client's business who not only love your SaaS product but will also advocate inside their own companies to get the deal done. Please read Andrew's article on what to know before negotiating a SaaS enterprise deal https://saas-lawyer.com/saas-lawyer-1/f/what-to-know-before-negotiating-saas-enterprise-agreements

What are some of the other reasons that SaaS companies look to hire Andrew to represent them with legal matters such as Delaware Incorporation, issuing founder and investor stock and negotiating SaaS Enterprise deals. Not many lawyers like Andrew have spent a considerable amount of time wearing two hats. The first hat is that of SaaS lawyer and the second hat is that of a SaaS entrepreneur. While Andrew has worked on many SaaS deals for his clients he has also spent thousands of hours creating and building a SaaS business with partners where he has rolled up his sleeves and personally gone through every aspect of the SaaS Enterprise marketing and sales processes with respect to trying to get Enterprise customers to use a SaaS product and actually being able to close the deal. It is no easy task getting a SaaS enterprise deal from start to finish and this is where Andrew's experience as both a SaaS Lawyer and SaaS entrepreneur comes in handy. Please read Andrew's article on some legal issues to be aware of in negotiating SaaS Agreements https://saas-lawyer.com/saas-lawyer-1/f/saas-legal-issues

Andrew’s clients seek his advice and counseling when it comes to negotiating SaaS enterprise contracts. While early stage startups with momentum can typically rack up a bunch of contract signings quickly if the customers are small and not enterprise level. The vendor however quickly learns that when they start to deal with enterprise companies that they will not accept as written certain terms and conditions in the vendor’s agreements and they will demand that these contract terms be re-written. Please read Andrew's article on How To Attract Enterprise SaaS Customers https://saas-lawyer.com/saas-lawyer-1/f/how-to-attract-saas-enterprise-customers

Sometimes, the enterprise customer demands that the vendor negotiate their form of agreement. This is because enterprise companies typically have an in-house counsel whose only job is to review SaaS vendor agreements and pick them apart to get the best language possible for the company. As such, Andrew helps SaaS vendors prior to entering into SaaS enterprise contract negotiations to understand the mind set and thinking of enterprise companies and how to best approach the contracts negotiations process. 

Typically, SaaS vendors have language contained in their customer agreements whereby they accept virtually no liability for the customer to use their product, application or service. Same goes with warranties. When SaaS vendors are dealing with companies not on the enterprise level they typically negotiate very few terms in the vendor agreements simply because they don’t want to pay a lawyer to review the contracts. Or, they might not understand any of the liability issues related to data security, protecting the customer's sensitive data and confidential information and privacy concerns. Or, they might not be aware that the vendor has outsourced the hosting and serving of its application to a third party cloud managed services provider. Please read Andrew's article on SaaS Data Security Protection https://saas-lawyer.com/saas-lawyer-1/f/saas-agreement-data-protection-cyber-security-issues

One of the biggest issues that SaaS vendors will have to compromise on is the limitations of liability paragraph. Enterprise companies will demand that SaaS vendors take on more liability then when contracting with a smaller company. Enterprise customers will also demand more robust warranties and a Service Level Agreement that includes integration, maintenance, support and a guarantee that the SaaS Service will be available and up and running for a guaranteed minimum period of time.

Enterprise customers will almost always demand that vendors indemnify them for the vendor’s use of a 3rd party cloud managed services provider which hosts, serves and maintains the vendor's products. Most SaaS vendors with enterprise customers outsource the hosting and serving of their applications with the well-known ubiquitous cloud managed services providers. Smaller customers who contract with SaaS vendors typically don’t understand the issues of liability and data security that surround the use of SaaS applications and as such don’t demand that vendors assume the liability or step in the shoes of their cloud managed services vendor when it comes to liability.

On the flip side, an enterprise customer will typically demand that the vendor accept liability for any breach or error in delivery, loss, damage or interruption to the Subscription Service caused by the third party cloud managed services provider during the time the agreement is in effect between the vendor and customer.

Another issue that comes up in enterprise contract negotiations is insurance. Every new client that Andrew speaks with he advises that they must obtain general liability and errors and omissions insurance to cover things such as cyber attacks, data breaches and the customers’ losses in the event there is a breach or attack. Most early stage startups don’t realize that enterprise companies will not use their applications unless they get coverage for auto, workers comp, general liability and errors and omissions insurance and sometimes they also require the vendor to purchase an umbrella policy. Also, don’t be surprised if enterprise customers require the vendor to have limits of no less than $3 million. All of these coverages including the possibility of having to do a security assessment could cost $20,000 in total.

Another area that Andrew assists both SaaS customers and vendors with is the return of customer data in the event the vendor agreements ends, is terminated or a party breaches the agreement. This is one of the issues that the parties should work out in the agreement so that there is a clear plan in place to return the customer's data in an agreed upon format. Please read Andrew's article on the return of customer data https://saas-lawyer.com/saas-lawyer-1/f/negotiating-the-return-of-customer-data-in-saas-agreements

Another area that might be raised by an enterprise customer in contracts negotiations is demanding that the vendor undergo a completed security assessment by a third party and also provide the results of such an assessment and any status of any remediation to the enterprise customer. Not only could this take upwards of 90 days to complete it could also cost the vendor the sum of $20,000.

Some other issues that could arise in SaaS enterprise negotiations are:

1. What data security/privacy protections does the SaaS vendor have in place?

2. How often does the vendor  back the customer’s data up?

3. Does the SaaS vendor have multiple backup data centers in different geographic locations?

4. Can the customer retrieve its data from the vendor's servers to backup on its own computers?

5. If the customer terminates the Agreement what does the vendor do with the data and how much time does the customer have to backup that information? There should be language in the agreement that details how the customer can export its data from the vendor.

One of the biggest impediments that Andrew had to overcome in trying to sell SaaS software to the Enterprise was being able to identify individuals that work for the prospective Enterprise customer who make the decision whether or not to use a SaaS product or not. While trying to sell SaaS software to the Enterprise Andrew spoke to many individuals in many different Enterprise companies who loved his company's product and wanted to use it but these individuals didn't have the decision-making capacity to get their companies to use the product. It was only after taking a deeper dive into the entire SaaS software marketing and sales process and what methods and techniques would work best to sell to the Enterprise that Andrew was able to effectively identify certain markers in Enterprise companies that enabled him to shorten the process of identifying those crucial key decision-makers who would get his company’s SaaS product into their company and shorten the sales process. 

One of the biggest advantages Andrew has over other lawyers is his boots on the ground SaaS company experience in spending thousands of hours marketing and selling software to the Enterprise. There is not a week that goes by where a client does not contact Andrew to discuss the frustrations with trying to sell software to the Enterprise and asking Andrew to lend his experience and come up with a solution.

Another issue that some SaaS startups have a hard time grasping is that unless you are a known commodity, have successfully exited from other startups and have investors drooling to give you money for your new venture your stock in an early stage company is worthless. It’s not worth anything unless you achieve success and investors want in on what you’re doing. However, your stock is a commodity that could be used to attract talent to your startup that otherwise you could not afford to pay with cash or salary.

All too often startups hoard their stock like it is a priceless diamond believing that even without a product or achieving any sales that their equity is worth a ton. Your stock is only worth something until someone puts a value on it and unless an investor comes along and gives you money thus creating a valuation your company is worthless. With that said, there are plenty of entrepreneurs with solid skill sets that want to join startups and can make huge contributions.

Take for example a startup that needs software developed. Would it be worth it for a startup to give a developer 5% of the company’s equity in exchange for developing its software product with half the stock let’s say vesting over three years. If the developer can create the product and the startup doesn’t have the cash to pay them then absolutely it’s a great deal. On the open market a startup would have to pay a developer a ton of money in the USA to create a web based product and most startups don’t have that kind of cash.

If you’re in a cash strapped startup you have to be thinking about how to get your product developed in the shortest amount of time and then get it out to market. Unfortunately, a large percentage of startups are created with little to no money and have absolutely no means to go and raise cash. Specifically, a SaaS company between hiring a developer to create a full blown cloud web based application with API and marketing and selling the finished product to customers could spend 150k to 200k. This doesn’t include monies for salaries, rent, insurance, severs, travel, entertainment and attending conferences.

One of the biggest issues for any SaaS startup is the fact that at some point that unless they can keep raising money they will run out of funds. All too often startups don't realize that it's not enough to just develop software but that you have to keep adding to it fixing it and making sure that it works properly. What happens all too often in Enterprise deals is that there are too many chefs in the kitchen and you're dealing with different personalities in each Enterprise company and these personalities might be at odds with one another. For example, there might be an executive in a particular company that wants certain software development work done to your software before it goes live so that your software integrates better with the customer's platform. However, in the same company there might be another executive on the same level who does not want to spend any money and wants your software to go “as-is.” You need to find a balance between these two Executives and figure out the right approach to make both individuals happy and get your software up and running as quickly as possible. 

The biggest mistake your SaaS company can make if you have limited funds is to agree to make substantial software development changes to your product to appease a potential customer if the customer is not going to either pay for these developmental costs or in exchange for your company eating these costs the customer is willing to sign a long-term deal let’s say for 2 years. The bottom line is that when you are negotiating enterprise deals it's simply not enough to get the deal done. Rather, you have to make a deal that makes good business sense for your company. 

Another issue that startups discuss with Andrew is the need for insurance. While a startup that has incorporated enjoys certain liability protections under the law such that personal liability will not attach to the individual startup owners if the company is sued unless they have committed fraud or some other intentional act without insurance if the company is sued it’s only a matter of time until it goes out of business.

It’s a pretty simple equation. Most startups don’t have enough funds to pay next month’s expenses let alone afford six figures for an attorney to defend it in a lawsuit or pay an award of damages or a judgment. Thus, any startup that is sued that doesn’t have insurance will likely go under. 

That’s why Andrew advises every client that before they pull the switch and let any customer test or use their software that they first need to obtain a sufficient amount of insurance which should include general liability and errors and omissions insurance and an umbrella policy.

What are some of the other reasons SaaS startups seek Andrew's legal advice? For starters  Andrew’s SaaS business was a Delaware C corporation and because Andrews did most of the corporate legal work for the C Corp he understands the relationship between building a fundamentally sound company that executes on all cylinders and the financial side of the company which issues stock to co-founders and investors stock is continually trying to raise additional monies for investors. 

One of the things that Andrew helps SaaS, software and cloud startups with is the need to surround themselves with experienced board members and advisors. There are moments in every startup where critical advice is needed on things such as product development, raising money, and go to market strategies and engaging with enterprise customers and it’s prudent to seek such advice from trusted advisors.

You can put this into the context of software development. Let’s say you’re developing a SaaS application and it will cost 150k which includes an API. There is no room for mistakes in what you are doing. The finished product from a back end and front end user experience must be perfect. You know what you want to have built but wouldn’t it be great if you could count on a trusted advisor who has sold SaaS products in your industry and understands what features and functions enterprise customers want in a product. Of course, it would be fantastic to have this kind of insight and analysis from an industry leader.

That’s why when you are about to start on your journey and create a SaaS product do yourself a favor and reach out to meet or speak with as many professionals as you can who have either done the startup grind or have been there and done that and sold SaaS products in the very industry that you are in.

Don’t embarrass yourself by asking someone who could be considered an advisor to join your company in exchange for stock. The chances of this happening are slim. Advisors have gotten to the point in their professional careers where they are not “involved” in startups as an owner per se. Rather, they like to mentor and help startups at critical moments when tough decisions need to be made.

Another issue that SaaS startups ask Andrew about is how to properly structure a Delaware C Corp in terms of how much stock should co-founders get and should any of this stock vest over time and for how long.

Andrew tells SaaS startups that the moves they make in the initial stages of the company with issuing stock to founders could very well determine the success of the company and their ability to attract investors.

Startups, before issuing stock to co-founders need to put themselves in the shoes of an investor who is thinking about making an investment in their company. For starters, the investment is risky. There is no product yet; just a concept. The team within the company is assembled but there is little to no money to get this thing going. Should the startup issue all of its outstanding stock to the co-founders? Do you think this will attract a serious investor? Absolutely not. The last thing a startup should do in desperate need of investors is dilute the company of all its stock so that if an investor comes in additional stock will have to be issued. The founders should own collectively 51% of the equity in the first round so that they control the company leaving enough stock in the company to be issued to key hires and investors.

Should the startup require that the founders’ stock vest over time, let’s say for three or four years? Absolutely, the founders stock should vest over time. Why would an investor put their hard earned money into a company if the founders owned all of their stock with no strings attached to it? Would you invest in a startup knowing that a key founder could quit tomorrow and take all of their stock with them? The answer is probably no. Investors want co-founders to have no incentive to leave the company. If a co-founder quits in month five but his stock doesn’t fully vest until the end of the fourth year the founder is leaving the company with just a small percentage of the stock that was issued to him.

One of the biggest takeaways that Andrew hopes his clients get from his experience is the fact that unless you have successfully exited from multiple startups and you've made a name for yourself on the street that whatever you have created chances are even if you have a great product investors will always be skeptical because you're essentially an unproven commodity. 

With that said Andrew is always telling his early stage SaaS clients that they should leave their egos at the door and not issue all of the stock to themselves up front and that the stock should invest over time. Why is that? The reason being is that a startup will never attract serious investment money if the co-founders take all the stock up front leaving no stock to issue for key hires or investors. And, another turn off to investors is if the co-founders fail to have their stock vest over time. Look at it this way. If you are a serious investor who understands how to build and grow SaaS companies and a startup comes to you looking for money and you find out that the co-founders have issued all the stock up front to themselves and none of the stock vests over time for what possible reason would you invest in this company? The reason being is that the co-founders essentially own all of the company’s stock and they have no skin in the game in that they can leave whenever they want to and this is a huge risk for any investor. Please read Andrew's article on how to attract smart money investors https://saas-lawyer.com/saas-lawyer-1/f/how-can-a-saas-startup-attract-smart-investors

Andrew spends a considerable amount of time counseling entrepreneurs about the lack of resources they can expect to find when they join SaaS and software startups. Individuals who are coming from both a structured college environment and the workforce who join a startup can find it unsettling because of the lack of resources. When you work for a decent size company you have at your disposal resources such as IT and tech support, HR and other employees to help out with projects.

It’s not that way at a startup unless it has plenty of funding to spend like a big company. Even with a decent amount of funding every penny is counted on a line item in a budget. 

You also need to be aware if you are joining a startup is the lack of structure. While most people who work for large companies don’t like to be bossed around or micro-managed there is some level of comfort with a hierarchy and levels of management and goals and performance evaluations. If you join a startup chances are it will have very little in the way of structure with the exception of job titles. Startups move so quickly sometimes that the goal for one week might be achieved in a day or a sales pitch to a prospective customer might switch gears quickly due to changing industry conditions. And, because startup employees typically work alone or are on their own island sometimes there is the feeling of isolation with not much praise or feedback.

Entrepreneurs going into startups should also be aware of the financial uncertainty that comes with joining early stage companies. There is a possibility at any time during the first year of employment that you can get fired for things such as the startup running out of funding or the big contract that the startup was supposed to get didn’t materialize. Or, it’s possible that you’re working really hard but your area of the startup is falling behind the others and the company decides to cut its losses and fire everyone in your area.

Another issue that individuals joining startups need to be aware of is that salaries and for that matter any kind of compensation can vary greatly from company to company. Sometimes, you might get a job offer that’s just all stock with no salary until the company can hopefully pay a salary if it gets funding. You might be leaving a job with good pay and benefits and while no job is guaranteed at least it is steady. The opposite rings true with a startup. 

Another thing that people have a hard time adjusting to in a startup is the need or the pressure to work all the time. If you have a high pressure job and work crazy hours chances are you are paid well, have great perks and can take frequent vacations. You need to be prepared with a startup lifestyle that there are not many days off, practically no vacations and very little in the way of perks. It’s a tough life being in a startup. You are expected to work long hours including weekends. If you are married with kids it will disrupt every part of your life with your family including dinners, social occasions and to having to postpone vacations. What’s the reward for this lifestyle? The chance that your company makes it big and your stock is actually worth something.

What are some other things you should be aware of before joining a SaaS startup?

If you’re a founder of a SaaS startup you will be taking on huge financial risk. If you can’t raise investor funding or from friends and family you need to be prepared to tap your savings. Some people dip into retirement savings or mortgage their homes. This is a huge decision which carries some serious risks if your startup fails and you have no way to repay this debt. 

Company culture. Once you have more than one person working for the company you should create a written list of your company’s common core values and practice them. Having written defined values will make your company more focused and aligned with your goals and might help you attract great talent. 

Know who you want to help. Figure out your target audience and then build your product and business based on the problems your customers need to solve. If the problem goes away you still have these customers and you can pivot and hopefully solve another problem for them. 

Your company’s mission matters. Your company needs to have a defined mission. Everyone that works for the company should be able to articulate the mission of the company. Customers want to know that your company is disciplined and focus on solving certain problems. 

Your value proposition is how your mission helps people. What does your company do that makes life better for people or makes their jobs easier in the workplace? Will it increase their customers’ bottom lines or help them get customers? Perhaps you have created a SaaS application that makes HR functions easier. You need to make sure that everyone in the company understands what your value proposition is.

Spend like a miser when it comes to your financial resources. The lesson here is to be thrifty with your money. Use shared work spaces until you absolutely have to move into your own office. Don’t pay attention to other entrepreneurs and how they are living the good life. 

Know what your costs are for adding features to your SaaS product or application. If you are a SaaS entrepreneur human nature dictates that you would love to over develop your product and build every possible feature into it. The downside is that you might not have a handle on what the costs are going to be once customers use the feature. Hypothetically, what if the new feature requires a lot of bandwidth for data storage or usage. You need to get with your third party cloud managed services provider and understand what each of these costs are going to be so you can properly charge your customers.

Andrew also helps SaaS Vendors located in the USA who are dipping their toes into attracting customers in Europe and need legal advice about drafting and implementing Data Processing Agreements to be compliant with the EU's General Data Protection Regulation (GDPR) Law which protects the data of EU residents. Please read about how Andrew drafts Data Processing Agreements https://saas-lawyer.com/data-processing-agreement

Andrew always charges clients well priced flat rate fixed legal fees packages.

Andrew can help you no matter what your SaaS legal needs are today or in the future.

Andrew also provides legal advice and services to Software, SaaS and Cloud companies related to licensing, enforcement and acquisition and monetization of intellectual property and  trade secrets.

Andrew’s software, SaaS and cloud licensing law practice consists of:

· Development and distribution of technical products, including licenses and OEM, VAR, distribution, strategic alliance and joint venture agreements.

· Protection of confidential information, trade secrets and other IP by contract, including software development agreements, licensing agreements, support and maintenance agreements, including SLA’s, confidentiality agreements, and non-competition agreements and NDA agreements.

· Licenses and assignments of trade secrets and computer software including licenses and assignments in business acquisition deals, and enforcement of licenses and assignments.

· Establishment of rights to intellectual property (IP) as collateral in commercial deals and transactions.

· Drafting and negotiating executive compensation packages, employment agreements, independent contractor agreements, termination agreements and work-for-hire agreements.

· Drafting and preparing stock option plans (ESOP).

Andrew also provides legal advice to companies to solve complex software issues and problems that arise in corporate transactions. Andrew negotiates and memorializes the terms in a variety of transactions, including software and intellectual property (IP) licensing, managed services, employment, stock purchases, outsourcing and supply agreements. 

Andrew is focused on providing value and ensuring that his clients achieve their business objectives and goals. Andrew has experience working with managed services providers, financial institutions, energy companies, technology companies, health care providers and manufacturers. 

Andrew also helps companies draft and negotiate cloud computing contracts and agreements. Companies recognize the benefits of cloud computing which are low upfront and maintenance costs, utility billing, on-demand scalability and ready access to enterprise-level software which represents clear advantages for any company.

Andrew also provides legal advice to SaaS, Software, Cloud and Technology companies such as software developers and IT managed service providers. Andrew assists health tech providers with protecting their intellectual property rights when enabling clients to remotely access their applications via the web.

Andrew provides experienced legal advice and services to clients related to implementing Master Services Agreements (MSA) and Service Level Agreements (SLAs).

 SaaS Healthcare Technology Transactions Lawyer Andrew S Bosin LLC focuses on legal advice related to SaaS, software and intellectual property licensing & health tech transactions. Andrew represents startups, entrepreneurs, SaaS application developers, providers, licensees and end-users including healthcare and health tech startups, health care providers, health networks and local physician practice groups.

Andrew provides legal advice to clients to assist them with entering into agreements to connect and share patient information securely through a health information exchange which invokes HIPAA and The Health Information Technology for Economic and Clinical Health (HITECH) Act.

Andrew drafts & negotiates Healthcare End User License Agreements (EULA), Partnership Agreements, Subscription Agreements, Master Service Agreements, Reseller Agreements, Business Associate Agreements and Service Level Agreements (SLAs). Andrew also structures agreements that protect personal health information under HIPAA and helps vendors, providers, startups, enterprise companies and customers to avoid certain liabilities relating to privacy and protecting and securing data from cyber theft.

Andrew understands the legal needs of SaaS healthcare and health tech startups better than most SaaS Lawyers. This is because Andrew is also a SaaS entrepreneur and the company he started with partners was issued a patent in 2017.

Andrew represents SaaS companies located in Brooklyn, Chicago, Boston, Connecticut, San Jose, San Diego, Silicon Valley, Austin, Dallas, Fort Worth, Houston, San Antonio, Texas, Maryland, Columbus, Cleveland, Ohio, Denver, Boulder, Salt Lake City, Los Angeles, San Francisco, California, New York, New York City, Indianapolis, Raleigh, Charlotte, Nashville, Phoenix, Miami, Tampa, Jacksonville, Orlando, Florida, Atlanta, Seattle, Philadelphia, Delaware, Memphis, Washington DC, Kansas City, St. Louis, Missouri, Vancouver, Toronto, Dublin, Ireland, London, UK, England, Amsterdam, Oslo, Stockholm, Helsinki, Copenhagen, Paris, Madrid, Barcelona, Spain, Rome, Prague, Berlin, Tel Aviv, Cape Town and Hong Kong. 

  Andrew also helps clients protect SaaS applications, solutions and software source code from developer theft.  Andrew reviews and negotiates SaaS software development agreements with developers on behalf of SaaS startups and vendors. Andrew protects clients against risks and potential liabilities associated with developer's creating SaaS applications and solutions and the possibility of them stealing client intellectual property or failing to give clients access to their code or intellectual property when the development is finished.

Andrew also represents HESaaS Hardware Enabled Software as a Service SaaS Companies, Vendors and Startups.  Andrew specializes in providing sophisticated legal advice on issues pertaining to SaaS Internet of Things (IoT) devices that transmitting machine data to the cloud for more efficient inventory management and product merchandising analytics. You want a lawyer representing you by your side that can work through the issues and close the deal. This is where Andrew’s experience as a SaaS company owner and entrepreneur in his own right sets his legal practice apart from other SaaS lawyers across the USA.

Andrew also represents European SaaS and cloud computing and web based application startups and companies doing business and enterprise licensing deals and transactions in the United States. Andrew is located outside of New York City and provides legal advice and represents startups, technology, SaaS, Cloud, Internet of Things (IoT) and mobile apps companies and entrepreneurs located and doing business in Europe, European, EU, European Union, EMEA, London, Paris, UK, England, Dublin, Ireland, Edinborough, Glasgow, Scotland, Amsterdam, Netherlands, Munich, Berlin, Frankfurt, Hamburg, Germany, Madrid, Barcelona, Spain, Austria, Vienna, Switzerland, Iceland, Stockholm, Sweden, Helsinki, Finland, Oslo, Norway, Zurich, Bern, Geneva, Switzerland, Portgual, Brussels, Belgium, Abu Dhabi, UAE, Copenhagen, Tel Aviv, Herzliya, Haifa, Israel, Turkey, Luxembourg City, Latvia, Riga, Estonia, Denmark, Poland, Warsaw, Lithuania, Budapest, Croatia, Australia, Australian, Sydney, Melbourne, Canberra, Perth, India, Bangalore, Singapore, Tokyo, Mexico City, and Hong Kong, China.

Startup Mistakes Entrepreneurs Should Avoid When Starting Launching a Business. All too often startups fail because entrepreneurs, founders and small business owners make mistakes. What startup mistakes should entrepreneurs avoid when starting, launching, forming or incorporating a new company.

1. Don't be afraid to fail - If you are afraid to fail or success on the first go around is the only viable option for you don't      bother getting involved with a startup. You will have more failure in the beginning than you know and you should be mentally and financially prepared for it.
2. Know your marketplace  - I know some entrepreneurs      who figure out the end game first and how to sell their company before their technology or software app has ever been built. The lesson is before you build a better mousetrap you better know the value that your product,      service or application brings to the marketplace inside and out.
3. Leave your ego at the door - No one wants a jerk as a      partner. Unless someone brings a serious skill set or tons of money to the table no ego is worth putting up with.

Leading startup lawyer Andrew S Bosin provides legal advice to small businesses, pre-revenue, seed, angel, early stage growth and bootstrapped companies in the New Jersey and New York metro areas and all across the United States. What separates Andrew from most other startup attorneys is that in addition to offering legal advice to clients and practicing startup law, Andrew is also an entrepreneur having started a SaaS business with partners a few years ago.

Andrew provides legal services, assistance and advice and specializes in representing startups, entrepreneurs, founders, seed, early stage growth, bootstrapped, pre-revenue, pre-incorporation companies and small to medium size businesses. Andrew is also skilled and experienced in negotiating startup legal documents and business contracts and agreements including bylaws, founders restricted stock agreements, IP Licensing and Invention Assignment Agreements, board consents, LLC Operating Agreements, term sheets, promissory notes, convertible debt, NDA's, employment agreements and contracts, executive compensation agreements, software licensing and technology agreements, mobile app and software development licensing agreements and SaaS subscription agreements.

#Lawyer for #Cloud #Managed #Services #Agreements #Contracts Andrew S Bosin LLC provides legal advice to startups, licensees, customers and cloud managed service providers in negotiating and drafting #Cloud #IT #Managed #Service #Provider #Agreements and helping protect privacy, data security, personal data and other personal health information protected under the law.

Andrew S Bosin is a SaaS Cloud Internet of Things (IoT) lawyer providing legal advice and negotiating and drafting language in contracts and agreements on data protection, data security, privacy, data breaches, cyber-security and protecting personally identifiable information (PII) from theft. Andrew S. Bosin, Esq. represents clients across the United States, Europe and India from offices located just outside of New York City in Bergen County, New Jersey. Andrew represents SaaS, Cloud Computing, Technology and Internet of Things (IoT) computing companies, vendors, service providers, end users, customers and companies located in New Jersey, New York, Long Island, Illinois, Florida, Texas, Maryland, California, Idaho, Alaska and in Europe in the UK and Amsterdam, Netherlands.

The world is quickly preparing for the attack of objects connected wirelessly to the internet, otherwise known as the Internet of Things (“IoT”).

IoT is defined online as: "the network of physical objects or “things” embedded with electronics, software, sensors and connectivity to enable it to achieve greater value and service by exchanging data with the manufacturer, operator and/or other connected devices. Each thing is uniquely identifiable through its embedded computing system but is able to interoperate within the existing Internet infrastructure."

IoT is quickly evolving into something and it will revolutionize how both individuals and corporations interact with the world.  The question remains can we identify, control and contain all of the known legal risks and challenges presented by the Internet of Things? Quite clearly, inventors, entrepreneurs, device and products manufacturers and the enterprise are going to have to deal with all of the privacy and security legal issues in order to leverage IoT, maximize profits and move the world into this new wireless connected reality.

IoT Privacy, Security and Legal Risks

Companies, whether they are manufacturers, third parties or licensees that build, sell, employ, license or depend on IoT devices need to fully understand the privacy, security and legal implications that this new technology presents and how to reduce their risks when users are trusting that the technology won't fail them and compromise their personal data.  While the full potential of IoT cannot be fully determined in the present time, those in the know are very concerned that the mass proliferation of IoT devices without well thought out implemented security and privacy measures will result in legal risks and liability for those responsible for developing, manufacturing and licensing of IoT devices, products, applications and solutions.

• Privacy Concerns.  The connectivity of IoT devices, objects and products produces tons of data. And, with all of this data being created comes the collection of that data. Companies, some good and bad realize just how valuable this data can be and that the data itself might be more valuable for monetization and profit purposes than the devices. This all widens the scope and the risk of liability, cyber attacks, misappropriation and mis-use of consumer user personal data and information. IoT Security is a growing concern as the Internet of Things becomes more and more in the mainstream and the complex liability issues associated with IoT become a priority for businesses. (IoT) is creating new entry points for hackers and potential cybersecurity threats because with these new internet connected devices also comes the availability of spots along the chain for someone or some entity to hack into the services or software. When IoT is fully implemented, the different types and amounts of potentially personal or private information available to third parties is going to be huge and ultimately poses risks for users as well as companies seeking to collect, store, transmit and use that information.
• Security. As IoT devices and objects start to become an ubiquitous part of our lives seem less in every way security issues will grow right along side the dependence of this new technology.  Analogous to the growth of mobile application platforms, IoT platforms and ecosytems by their very design will likely permit hackers to exploit common vulnerabilities of one IoT device platform across many different classes of IoT devices and objects.

Legal Challenges With SaaS, Cloud & Internet of Things (IoT) Data Protection. SaaS cloud services lawyer Andrew S. Bosin provides legal advice to SaaS, Cloud computing and Internet of Things (IoT) solutions providers, application platforms and ecoystems, BI, analytics and big data companies, clients and startups about technology and legal challenges such as data protection, cyber-security, theft and privacy. The pace of technology is moving so rapidly that by the time the SaaS, cloud or IoT application or solution goes from a drawing on a piece of paper to being fully developed the ability to secure and protect data could have changed along with it. The more technology advances deeper and deeper into the cloud with embedded wireless sensors and RFID devices and products the more we need data protection technology to keep up with the solution that has been developed.

 SaaS Attorney Andrew S Bosin helps companies successfully understand and negotiate legal issues related to and associated with data security and cyber-attacks in Software as a Service SaaS contracts. Andrew also assists companies in controlling liability exposure, and he has a reputation for closing SaaS deals in a quick and efficient manner without getting stuck in never ending negotiations.

A successful SaaS contract negotiation includes discussing and taking into consideration the numerous possible legal risks, challenges, problems, regulatory issues, liabilities and concerns that could arise and are associated with and related to Software as a Service SaaS Agreements, API Licensing Agreements, Subscription Agreements, Reseller Agreements, End User Agreements, Master Service Agreements, SLA’s, and cloud based computing technology transactions and contracts. These issues can be properly managed by hiring a skilled lawyer with expertise to consult with before entering into negotiations with a SaaS Provider, especially if you are an end-user and this is your first deal. One of the biggest hottest legal issues right now is data protection and how to keep data safe from an intrusive hacking event. Keep in mind that it might not be a bad idea to ask the SaaS Provider whether they maintain errors and omissions insurance to protect and provide coverage from against cyber-attack, cyber theft, data theft, data loss, negligence and copyright or patent infringement.

SaaS Data Security Questions Worth Considering

For the SaaS Provider, most important is building a lasting long-term relationship with the customer/client. The client needs to know during the term of a lengthy SaaS contract that it can trust the SaaS Provider with a level of reliability between could computing company and customer that its data or information is going to be secure and protected. The biggest worry or concern for customers is can the SaaS provider maintain uninterrupted and secure access to its data? Both the SaaS Provider and customer before entering into a SaaS Subscription Agreement should be thinking about the following questions.

What data security/privacy protections does the SaaS Provider have in place?
How often is customer data backed up?

Does the SaaS Provider have multiple backup data centers in different geographic locations?

Can the customer retrieve its data from the Provider's servers to backup on its computer?

If the customer terminates the SaaS Subscription Agreement what does the Provider do with the data, and how long if any does the customer have to backup that information?

 The Internet of Things (IoT) poses many obvious benefits to consumers, and has the potential to fundamentally alter the way that consumers connect with technology on many different levels. In all likelihood, at some in the not too distant future the Internet of Things will probably combine the virtual and physical worlds in tandem that today does not seem possible and is difficult to understand. From a security and privacy standpoint, the forecast of a growing wave of  sensors and devices into the car, home and even IoT wearables presents distinct complex problems. The more and more a car or home can measure personal observations and share that information in the cloud consumers will probably want more privacy. The other problem presented by IoT devices is that there might not be a security fix yet developed for an application such as a phone charging device and Hackers as we all know usually migrate to popular platforms. That's the reason why there are more risks for Windows users than the Mac. Unfortunately, because of the lack of security developed for Internet connected devices, the possibility for more security intrusions will explode over time as more IoT devices are adopted by both consumers and the enterprise.

So what are the some of the security, privacy, safety and associated legal concerns with the Internet of Things?

Specifically, here are some examples:

• Devices dedicated to improving health or sustaining life being hacked remotely such as a pace maker. I recall years ago my wife's grandfather would put the receiver of the phone on his chest so his physician could regulate his pacemaker. Today, things are a lot more sophisticated and a smart hacker could figure out a way to disable a health sustaining device.
• Fitness trackers that could be sharing information with insecure servers or third parties. Sometimes this is occurring because permission to do so has been granted or through unenforced or unread terms and conditions. The possibilities of this information and what other companies could do with it such as a fitness company or insurance related are endless.
• Hackers could gain access to property if they were able to take control of the phone app that remotely opens garage doors.
• What about someone monitoring a homeowner's gas and lighting habits to determine when they are not home for robbery purposes.
• Taking over IoT devices to deliver malware, spam and DDoS attacks.
• Controlling webcams to spy unbeknownst on victims, for a possible robbery or to take control of a baby monitor.

What about third party corporate espionage? No one really wants to talk about this in the context of the Internet of Things. One company could plant a mole in another company and that person could get access to valuable data hypothetically about user heart rates which the company stealing the data could use to build a better product or sell to a third party.

Please call Andrew for a free legal consultation at 201-446-9643 | www.njbusiness-attorney.com | andrewbosin@gmail.com

Andrew offers low-cost, budget conscious, affordable, cost-effective legal advice and services for startups, cloud, SaaS, Software, mobile apps & IoT companies, vendors, providers, entrepreneurs and startups based or located in the United States, US, New Jersey, New York, New York City, Connecticut, Florida, Texas, Chicago, California, Dallas, Miami, Orlando, Jacksonville, Washington, DC, Philadelphia, Austin, Houston, Phoenix, Denver, Salt Lake City, Utah, Atlanta, Charlotte, Raleigh, Los Angeles, San Diego, San Francisco, Silicon Valley, Provo, San Antonio, Indianapolis, Columbus, Cleveland, Pittsburgh, St. Louis, Kansas City, Nashville, Ohio, Idaho, Alaska, UK, Europe, Amsterdam, Toronto, Paris, Madrid, Rome, Madrid, London and India.

Please call Andrew for a free consultation at 201-446-9643.

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SaaS Lawyer Andrew S Bosin LLC drafts and negotiates Master Service Agreements for cloud computing and software as a service (SaaS) deals and transactions for companies, vendors and startups located in all fifty states.

From offices just outside of New York City Andrew helps clients scale their software businesses by drafting smart and effective SaaS contracts and licensing agreements.

A great product or application is useless without a well drafted, strong, SaaS Subscription Agreement.

SaaS Attorney Andrew S Bosin LLC drafts and negotiates Subscription Agreements for cloud and software vendors, providers, enterprise companies, startups, end-users and customers in all fifty states.

SaaS Licensing Agreement Attorney with offices in New Jersey that represents clients all over the USA Andrew S Bosin LLC offers experienced legal advice on drafting End User License Agreements (EULA), software and technology agreements, technology license agreements, technology licensing agreements, technology contracts, technology transactions, SaaS agreements, SaaS contracts, SaaS subscription agreements, SaaS licensing agreements, Master Service Agreements, Cloud Computing Agreements, Re-seller agreements, acceptable use policies, website terms and conditions and privacy policies, software developer agreements, agreements with software and apps developers, web hosting agreements and software development application agreements.

Andrew is extremely accessible and transparent. Andrew’s clients can text or call him before and after working hours including weekends.

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SaaS Software Subscription Agreements Lawyer Andrew S Bosin LLC represents startups, vendors, developers and enterprise companies all across the USA in drafting, reviewing and negotiating SaaS, software and cloud computing agreements, contracts, subscription agreements, master services agreements, end user license agreements (EULA) and reseller agreements.

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SaaS Contracts Negotiations Lawyer helping clients close deals all across the United States. Whether your entering into an end user license agreement (EULA), subscription agreement or reseller agreement Andrew can help you with all of your SaaS legal needs.

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Please call App Development Contracts Lawyer Andrew S Bosin LLC at 201-446-9643.

andrew@saas-lawyer.com

One of the most important things you can do to prevent a software developer from stealing your idea is to not allow any developer to start working on developing your mobile, software or SaaS application unless you have a contract in writing which says that you will own all of the intellectual property (IP) rights to whatever software the developer creates or builds for you.

andrew@saas-lawyer.com 

Tech Startup Attorney Andrew S Bosin based in New Jersey helps start-ups, entrepreneurs and emerging growth companies in all fifty states in the tech sector focusing on SaaS, Software Licensing, Technology, Internet, Cloud Computing, Mobile App Development and Licensing, Blockchain Technology and the Internet of Things (IoT) which includes protection, licensing and monetization of Intellectual Property (IP) and incorporation in Delaware and drafting of bylaws and founders and investors stock equity agreements. 

From offices in New Jersey just outside of NYC Andrew provides the highest quality flat rate fixed fee legal services possible with the best transparent personal service which means every client gets access to Andrew via his cellphone and clients know they can call or text Andrew 24/7 and that all client calls are returned within 15-30 minutes. To learn more about the Tech Legal Services Andrew provides please read https://saas-lawyer.com/tech-agreements

Because Andrew has been an entrepreneur who built a SaaS business with partners that got a patent for its application he understands how to build and scale a company starting with nothing more than some wire frames written on paper.

Andrew helps to refine your ideas, form your legal structure, protect your intellectual property and assets, finance your continued growth, build your team, add partners or investors, scale your business operations and exit your company.

Andrew advises clients on deals in the areas of Mobile Apps, SaaS Applications, Healthcare Technology, Health Tech, Big Data, IoT Wireless Embedded Connected Devices, Cloud Managed IT Services, Artificial Intelligence, Data Security, Privacy, HIPAA Compliance, Manufacturing, Retail, Wearables, Fitness, Hotels, Social Media, Energy, Workforce Management HR and Payment Systems. 

Andrew offers experienced startup legal advice on business and corporate legal issues including LLC or Delaware C Corporation incorporation, drafting bylaws, founders’ restricted stock agreements, investor documents, NDA’s, executive compensation packages, stock equity agreements, SaaS Agreements and Contracts, Software Licensing Agreements, Software Development Agreements, Technology Contracts, Technology Licensing Agreements, Source Code Agreements and Intellectual Property Licensing and Transfer Agreements.

Andrew provides startup legal services to clients based in New Jersey, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, New York City, Brooklyn, Long Island, Albany, Syracuse, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Rhode Island, Boca Raton, Arlington, Virginia, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Jacksonville, Gainesville, Milwaukee, Oakland, Irvine, Rutgers, Albuquerque, Fresno, Houston, Salt Lake City, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Newark, Honolulu, Tucson, El Paso, Wichita, Virginia Beach, Jersey City, Hoboken, Boise, Iowa, Alaska, South Dakota, North Dakota, Minnesota, Idaho, Wyoming, Montana, Toronto, Montreal, Edmonton, Calgary, Vancouver, Canada, Vienna, Geneva, London, Paris, London, England, UK, Dublin, Ireland, Edinborough, Scotland, Amsterdam, Munich, Berlin, Germany, Madrid and Barcelona, Spain.

Please call Andrew for a free consultation at 201-446-9643.

andrew@saas-lawyer.com

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Delaware C Corporation Startup Incorporation Lawyer Andrew S Bosin from his offices located outside of New York City in New Jersey offers affordable, low cost, fixed rate flat fee Delaware Startup legal packages which include all legal advice and the drafting of business formation legal documents.

As an experienced startup attorney Andrew helps founders, startups, entrepreneurs, seed, early stage growth and pre-revenue companies seeking to incorporate as a Delaware C Corporation. Whether you are a SaaS, cloud, software, technology, mobile app, internet or IoT startup, incorporating in Delaware is your company’s way of saying to investors that you are open for business.

Andrew also brings his own personal experiences as a SaaS entrepreneur to the table in providing legal advice to Delaware Corporation startups. At the same time he has been representing clients, Andrew built and scaled a SaaS Delaware C Corporation with partners that was awarded a patent in 2017.

Andrew offers startups a Delaware legal document incorporation package including drafting Bylaws, Initial Board Consent, Action of Sole Incorporator, Board Consent Approving Founders’ Stock, Founders Restricted Stock Purchase Agreement, IRS 83(b)(6) Tax Election, and IP Invention Assignment Agreement.

Andrew also offers startup employment, stock equity and executive compensation package contracts legal advice related to Vesting of Equity and Options, Job Offer Term Sheets, Bonus and Salary, Employment Agreements, Employment Contracts, Executive Compensation Agreements, Termination Agreements, Employee Stock Option Plans (ESOP), Independent Contractor Agreements, Non-Compete Agreements, NDA's, Licensing and intellectual property (IP) agreements. 

Andrew’s C Corp clients also seek his counsel as they start to attract clients and need SaaS Agreements, Subscription Agreements, End User License Agreements (EULA), Software Licensing Agreements, Reseller Agreements, Service Level Agreements, IP Licensing and Transfer Agreements, Software Application Development Agreements and Mobile App Contracts and Licensing Agreements.

Andrew provides Delaware C Corp legal advice to startups located in Atlanta, Washington, DC, Virginia, New Jersey, New York, NYC, Brooklyn, Boston, Philadelphia, Pittsburgh, PA, Connecticut, Charlotte, Raleigh, San Francisco, San Diego, San Jose, Los Angeles, Silicon Valley, California, Salt Lake City, Provo, Denver, Boulder, Phoenix, Ohio, Orlando, Tampa, Miami, Florida, Chicago, Illinois, Seattle, Delaware, Maryland, St. Louis, Kansas City, Austin, Dallas, Houston, San Antonio, Texas, Nashville, Memphis, Idaho, Alaska, Toronto, Vancouver, and Montreal, Canada.

If you are thinking about forming, starting or incorporating your startup in Delaware, please call Andrew for a free consultation at 201-446-9643.

andrew@saas-lawyer.com

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Software, Technology and SaaS Lawyer Andrew S Bosin helps clients with SaaS Contracts, Software Licensing, Technology Transactions, Health Tech Transactions & Software Development. Andrew works out of offices in New Jersey right near New York City and represents entrepreneurs located or doing business deals and transactions in all fifty states across the USA.

Andrew’s clients range from the startup about to dip its toes in the marketplace to sell its applications, products and services and needs legal advice to the mature enterprise company that needs a more robust SaaS Subscription Agreement drafted or IP Licensing legal advice.

Whether your company is just starting out or fully engaged in the software sales process Andrew can meet all of your SaaS, software, cloud and technology agreement legal needs. 

Andrew routinely drafts SaaS Master Service Agreements, End User License Agreements (EULA), Service Level Agreements, Reseller Agreements, Technology Licensing Agreements, Software Licensing Agreements and Intellectual Property (IP) Licensing and Transfer Agreements.

One of the advantages Andrew has over other lawyers is the fact that he has done the startup grind and been a SaaS entrepreneur who built and scaled a company with partners from nothing more than an idea to getting a patent in 2017. Needless to say, Andrew fully understands from his own entrepreneurial experiences how to build and scale out a software business.

Andrew charges affordable fixed rate legal fees packages.

Please call Andrew for a free consultation at 201-446-9643.

andrew@saas-lawyer.com

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Seattle Software Licensing attorney. Minneapolis Software Licensing attorney. Milwaukee Software Licensing attorney. Pennsylvania Software Licensing attorney. Brooklyn Software Licensing attorney. Connecticut Software Licensing attorney. Hartford Software Licensing attorney. Boston Software Licensing attorney. Massachusetts Software Licensing attorney. Providence Software Licensing attorney. Albany Software Licensing attorney. Buffalo Software Licensing attorney. Cleveland Software Licensing attorney. Columbus Software Licensing attorney. Boulder Software Licensing attorney. Riverside Software Licensing attorney. Las Vegas Software Licensing attorney. Portland. Oregon Software Licensing attorney. Toronto Software Licensing attorney. Montreal Software Licensing attorney. New York City Software Licensing attorney. Chicago Software Licensing attorney. Los Angeles Software Licensing attorney. Sacramento Software Licensing attorney. San Jose Software Licensing attorney. San Diego Software Licensing attorney. Denver Software Licensing attorney. California Software Licensing attorney. Phoenix Software Licensing attorney. St. Louis Software Licensing attorney. Kansas City Software Licensing attorney. Oklahoma City Software Licensing attorney. Austin Software Licensing attorney. Dallas Software Licensing attorney. Houston Software Licensing attorney. San Antonio Software Licensing attorney. New Orleans Software Licensing attorney. Memphis Software Licensing attorney. Indianapolis Software Licensing attorney. Texas Software Licensing attorney. Ohio Software Licensing attorney. Florida Software Licensing attorney.  

A Privacy Policy is an agreement between a technology provider or vendor and a customer or user regarding how the vendor will manage the user's personal data. The Privacy Policy should outline the type of data your company collects, how you collect it, and if you share any of that personal information with third parties.

Andrew drafts website privacy policy agreements for SaaS, technology, software and cloud vendors, startups, website owners, re-sellers, application providers, entrepreneurs and enterprise companies.

A Terms and Conditions Agreement acts as a legally binding contract between the SaaS, technology, software and cloud vendor and customers and end-users.

Andrew routinely drafts website terms and conditions agreements for clients across the USA.

A Website Terms of Service Agreement sets out the legally binding terms for the customer or end-user's use of a website or SaaS, Technology or Cloud Application. 

Andrew has drafted dozens of website terms of service agreements for clients who are doing business all over the US.

Andrew works with Software, Mobile App, SaaS and Blockchain developers, vendors, startups and companies seeking to protect their intellectual property rights in the licensing and monetization of applications, products, services and platforms.

Andrew helps clients located in the United States, New Jersey, New York,  Colorado, Seattle, Portland, San Diego, Orange County, Los Angeles, San Francisco, San Jose, Orange County, Sacramento, Silicon Valley, College Park, Maryland, Kansas City, St. Louis, Columbus, Ohio, Alaska, Idaho, Memphis, Nashville, Pittsburgh, Provo, Salt Lake City, Washington DC and Charlotte, Philadelphia, Boston, Connecticut, Delaware, Atlanta, Orlando, Tampa, St. Petersburg, Miami, Ft. Lauderdale, West Palm Beach, Florida, Dallas, Houston, Austin, San Antonio, Texas, Phoenix and Denver.

Please reach out to Andrew for an initial telephone call at 201-446-9643.

Austin Intellectual Property (IP) Licensing agreements lawyer. Dallas Intellectual Property (IP) Licensing agreements lawyer. Las Vegas Intellectual Property (IP) Licensing agreements lawyer. Portland. Oregon Intellectual Property (IP) Licensing agreements lawyer. Toronto Intellectual Property (IP) Licensing agreements lawyer. Montreal Intellectual Property (IP) Licensing agreements lawyer. New York City Intellectual Property (IP) Licensing agreements lawyer. Chicago Intellectual Property (IP) Licensing agreements lawyer. Los Angeles Intellectual Property (IP) Licensing agreements lawyer. Sacramento Intellectual Property (IP) Licensing agreements lawyer. San Jose Intellectual Property (IP) Licensing agreements lawyer. San Diego Intellectual Property (IP) Licensing agreements lawyer. Denver Intellectual Property (IP) Licensing agreements lawyer. California Intellectual Property (IP) Licensing agreements lawyer. Phoenix Intellectual Property (IP) Licensing agreements lawyer. Seattle Intellectual Property (IP) Licensing agreements lawyer. Minneapolis Intellectual Property (IP) Licensing agreements lawyer. Milwaukee Intellectual Property (IP) Licensing agreements lawyer. Pennsylvania Intellectual Property (IP) Licensing agreements lawyer.  Brooklyn Intellectual Property (IP) Licensing agreements lawyer. Connecticut Intellectual Property (IP) Licensing agreements lawyer. Hartford Intellectual Property (IP) Licensing agreements lawyer. Boston Intellectual Property (IP) Licensing agreements lawyer. Massachusetts Intellectual Property (IP) Licensing agreements lawyer. Providence Intellectual Property (IP) Licensing agreements lawyer. Albany Intellectual Property (IP) Licensing agreements lawyer. Buffalo Intellectual Property (IP) Licensing agreements lawyer. Cleveland Intellectual Property (IP) Licensing agreements lawyer. Columbus Intellectual Property (IP) Licensing agreements lawyer. Boulder Intellectual Property (IP) Licensing agreements lawyer. Riverside Intellectual Property (IP) Licensing agreements lawyer. Indianapolis Intellectual Property (IP) Licensing agreements lawyer. Texas Intellectual Property (IP) Licensing agreements lawyer. Ohio Intellectual Property (IP) Licensing agreements lawyer. Florida Intellectual Property (IP) Licensing agreements lawyer. Houston Intellectual Property (IP) Licensing agreements lawyer. San Antonio Intellectual Property (IP) Licensing agreements lawyer. New Orleans Intellectual Property (IP) Licensing agreements lawyer. Memphis Intellectual Property (IP) Licensing agreements lawyer. St. Louis Intellectual Property (IP) Licensing agreements lawyer. Kansas City Intellectual Property (IP) Licensing agreements lawyer. Oklahoma City Intellectual Property (IP) Licensing agreements lawyer. 

San Antonio intellectual Property attorney. New Orleans intellectual Property attorney. Memphis intellectual Property attorney.  Pittsburgh intellectual Property attorney. Pennsylvania intellectual Property attorney. Brooklyn intellectual Property attorney. Connecticut intellectual Property attorney. Hartford intellectual Property attorney. Boston intellectual Property attorney. Massachusetts intellectual Property attorney. Providence intellectual Property attorney. Albany intellectual Property attorney. Buffalo intellectual Property attorney. Cleveland intellectual Property attorney. Columbus intellectual Property attorney. Boulder intellectual Property attorney. Riverside intellectual Property attorney. Las Vegas intellectual Property attorney. Portland. Oregon intellectual Property attorney. Toronto intellectual Property attorney. Montreal intellectual Property attorney. New York City intellectual Property attorney. Chicago intellectual Property attorney. Los Angeles intellectual Property attorney. Sacramento intellectual Property attorney. San Jose intellectual Property attorney. San Diego intellectual Property attorney. Denver intellectual Property attorney. California intellectual Property attorney. Phoenix intellectual Property attorney. Seattle intellectual Property attorney. Minneapolis intellectual Property attorney. Milwaukee intellectual Property attorney. Indianapolis intellectual Property attorney. Texas intellectual Property attorney. Ohio intellectual Property attorney. Florida intellectual Property attorney. St. Louis intellectual Property attorney. Kansas City intellectual Property attorney. Oklahoma City intellectual Property attorney. Austin intellectual Property attorney. Dallas intellectual Property attorney. Houston intellectual Property attorney. 

Andrew also drafts and provides legal advice to clients about the European GDPR and Data Processing Agreements and implementing controls and processes to become EU compliant.

In drafting Data Processing Agreements for US SaaS vendors Andrew helps clients understand the legal processing of personal information under the laws of the GDPR and EU.

The EU takes the processing of EU residents personal information very seriously. A SaaS vendor cannot do business in Europe under the assumption that it is simply enough to hire a global cloud managed services provider to process EU resident personal information. 

The SaaS vendor is not permitted to subcontract any of its processing operations performed on behalf of customers under the GDPR Clauses without the prior written consent of the customer. A vendor can only subcontract its obligations under the clauses by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the Vendor under the Clauses. Where the subprocessor fails to fulfill its data protection obligations under such written agreement then the Vendor shall remain fully liable to the customer for the performance of the subprocessor’s obligations under such agreement.

SaaS Intellectual Property (IP) Attorney Andrew S Bosin drafts agreements to protect source code, software, confidential information and IP licensing rights for applications & services.

You need to put in place strong IP protection in your legal contracts and agreements that put checks on your competition, preventing other companies and customers from infringing on and profiting from your IP. 

A strong IP strategy from the very start can also help attract investors and partners.

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These terms will be governed by and construed in accordance with the laws of the State of New Jersey. Any action arising out of or relating to these terms shall be filed only in the courts located in Bergen County, New Jersey, with user's consent and submit to the personal jurisdiction of such courts in any such action.

Any inquiries concerning these Terms of Use should be directed to andrew@saas-lawyer.com

Privacy Policy

Andrew S Bosin LLC is committed to protecting your privacy. This includes observing relevant legal and regulatory requirements and employing appropriate security measures in order to protect your personal information. 

This Privacy Notice explains how we collect and use your personal information. If you have any questions, please contact us at andrew@saas-lawyer.com

Personal Information We Collect and Use

For the purposes of this Notice, personal information is defined as any information relating to an identified or identifiable natural person. We may collect personal information from you:

• When you send us such information, such as when you submit forms on our websites or when you submit questions or requests to us;
• When you visit any of our websites, as part of general analytics on visitors to such sites (see information on cookies below);
• When you contact us by any means, as we may keep a record of that correspondence;
• When you visit our offices or attend our events;
• During the course of our providing legal advice, representation, or services to you; and
• When you consent to provide your personal information, we may collect special categories of personal information in connection with registration for and access to our events or affinity groups.

In the course of providing you legal advice, representation, or services, you may provide us personal information about someone else, such as your employees, directors, or business contacts.  It is your responsibility to ensure that you have a legal basis to process such information and transfer it to us and that we may then process and disclose such personal information as described in the Privacy Notice and as part of the legal advice, representation or services we provide you. 

We currently use "cookies" on this website. Cookies are small pieces of information that a website transfers to your computer or internet browser.

Session cookies enable you to move from page to page within our website and any information you enter to be remembered. A session cookie is deleted when you close your browser or after a short time.

Persistent cookies are used in conjunction with Google Analytics a service that provides us with information about how you use our website. This process use cookies to collect anonymous information, including the number of visitors to the website, where they have come to the website from, the pages they visit, and the length of time they have spent on the website. We use this information to compile statistics and to help us to improve our website and the services we offer.  

By using our website without disabling cookies, you consent to our use of cookies as described above.

If you do not want information to be collected through the use of cookies, most Internet browsers allow to decline automatically the transfer of cookies to your computer or to be given the choice of declining or accepting a particular cookie or cookies from a website. Information about procedures to disable cookies can be found on your Internet browser provider's website.

If cookies are disabled, however, some features of the site may not operate as intended.

For more information about cookies, please go to www.allaboutcookies.org.

How We Use Your Personal Information

We may use personal information supplied by you to:

• Provide you legal advice, representation, or services;
• Manage our business relationship with you, for example, as part of billing and collection;
• Respond to your requests;
• Confirm your identity and allow us to carry out checks in the interest of security and to prevent fraud;
• Carry out our obligations under any contracts entered into between you and us;
• Notify you about any changes to our services or our websites;
• Comply with legal and regulatory requirements that apply to us; or
• Improve the services that we offer.

From time to time we will contact you to provide you with information on our services or events that we think may be of interest to you. We will not contact you with such marketing communications unless you have consented to such contact or we have a legitimate interest, for example, if our contact relates to services that we have already provided to you. You have the right to ask us not to process your personal information for marketing purposes at any time. You can exercise your right to prevent such processing by:

• Replying directly to the marketing message;
• Unsubscribing from marketing messages by clicking the appropriate link in any email you receive; or
• Contacting: andrew@saas-lawyer.com
• We may use or otherwise process your personal information on the grounds of one or more of the following lawful bases for processing:
• Your consent;
• For the performance of a contract with you, including for provision of our legal or other services, or to take steps at your request prior to entering into such a contract;
• To comply with our legal obligations; or
• Because of our or your legitimate interests in:
  • Providing you legal advice, representation, or services,
  • Ensuring the quality of the services we provide to you, or
  • Communicating with you.

When We Share Your Personal Information

We may share your personal information with others, under the following circumstances:

• We will provide your personal information to our service providers to allow them to assist us with delivering the legal and other services that you have requested, such as:
  • Accountants,
  • Auditors,
  • Credit reference agencies,
  • Information technology and information security providers,
  • Legal service and technology providers, or
  • Records management providers.
• We will share personal information with law enforcement agencies, governmental authorities, or regulators where we are under a duty to disclose or share such information in order to comply with any legal or regulatory obligation, or if we reasonably consider that this is necessary to help prevent or detect fraud or other crime or to protect the rights, property, or safety of Andrew S Bosin LLC, our clients, or others; or
• We will disclose personal information if you have consented to any disclosure to a third party, including as part of our providing you legal advice, representation, or services.

Where We Transfer, Use, and Store Your Personal Information

Transfers to our third party service providers are to enable them to use and store your personal information on our behalf.  We will endeavor to make sure that third party service providers offer your personal information the same level of protection as granted by us in this notice.  We also ensure that, that if your information is transferred to any country outside the EEA, this is done in compliance with relevant data protection legislation. You can request further details by contacting andrew@saas-lawyer.com

How Long We Keep Your Personal Information

We will keep your personal information only for as long as necessary depending on the purpose for which it was provided.

When determining how long we will keep your personal information, we will take into account various factors, including: 

• Legal obligations under applicable law to retain data for a certain period of time;
• Statute of limitations under applicable law(s);
• Status of ongoing legal engagements;
• Your withdrawal of consent (where applicable);
• Potential disputes; and
• Guidelines issued by relevant supervisory authorities.

How We Protect the Security of Your Personal Information

We have put in place measures to protect the security of your personal information.

These measures are intended to prevent your personal information from being accidentally lost, altered, disclosed, or used or accessed in an unauthorized way. In addition, we limit access to your personal information to only those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Unfortunately, the transmission of information via email is not secure. Therefore, if you use email for communicating with us, we cannot guarantee that it will remain confidential while in transit.

Do Not Track Disclosure

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or at the addresses above.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in compliance with CAN SPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

Special Rules For Children. 

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

Your Rights

Under certain circumstances, and subject to legal conditions, you may have the right to object to processing of your personal information, to request a copy of the personal information about you which we hold, or to request correction or erasure of such personal information. 

While you will usually not have to pay a fee to exercise these rights, in some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the same information. Alternatively, we may refuse to comply with the request in such circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights.

Please contact us at andrew@saas-lawyer.com if you wish to exercise any of these rights, if you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your personal information. 

Changes to Our Privacy Notice

We keep our Privacy Notice under regular review. Any future changes will be reflected within an updated version of this "Privacy Notice" and will be available on our website. Where appropriate, we may directly notify you of changes by email.

Contacting Us

It is important that the personal information that we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

If you ever have any questions, comments, or complaints about this notice or any of its contents, please contact us at andrew@saas-lawyer.com and we will be pleased to assist you.