SaaS Licensing Agreement Lawyer

SaaS Agreements Legal Advice

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SaaS Agreements Lawyer negotiating SaaS Contracts Andrew S Bosin LLC works with companies of all sizes from early stage growth seed startups to mature application vendors and enterprise companies.


From offices in New Jersey just outside of New York City Andrew helps SaaS entrepreneurs located in every state across the USA.


Andrew always charges clients affordable flat rate fixed legal fees packages.

  

Andrew drafts and negotiates SaaS Master Services Agreements (MSA), Subscription Agreements, End User License Agreements (EULA), Cloud Computing Agreements, Software Licensing Agreements, Reseller, OEM, Channel and Affiliate Agreements, Partner Agreements, API Licensing Agreements, Non-Disclosure Agreements (NDA), Website Agreements including terms and conditions, terms of service, terms of use and privacy policies.

  

One of the things Andrew learned from creating a SaaS business is the need to properly budget for monthly costs and capital expenditures. This means creating financial statements that can be changed at a moment’s notice to reflect the current state of your company’s financial position or to update financial projections, costs or cap ex needs. 


 Unlike most other lawyers Andrew has risked his own money and time to build a SaaS company with partners. Between 2012 and 2017, Andrew put in thousands of hours creating and scaling a SaaS business. He did this at the same time he was managing his own Technology Law Firm which he continues to own and operate today.


The things that Andrew learned as an owner of a SaaS company were nothing short of priceless and transitions well into exactly what he is doing today which is to help SaaS and software entrepreneurs build and grow their businesses. 


From a legal standpoint, Andrew performed countless legal tasks related to the corporate governance and business operations of a Delaware C Corp. Whether it was drafting bylaws or board consents or running shareholder meetings what Andrew learned in running a C Corp can help your SaaS company get to the next level.


Andrew was also personally involved in his SaaS company’s actual business operations as he participated in the marketing and sales processes, raising funds and closing multiple capital financing rounds.


As an owner of a Delaware C Corporation Andrew learned the need for good corporate governance. Right from the start, SaaS Startups should create books and records so that all corporate legal actions such as minutes, resolutions, shareholder votes, board votes and investor agreements are organized and easy to access. Startups should also create a cap table showing in each round how much stock has been issued and how much stock remains in the corporation. 


Andrew helps early stage SaaS, software and cloud startups and businesses on the significance of creating folders in the cloud so that all their business and legal documents and agreements are organized and information can be accessed with ease. This is also necessary in the event investors are interested in his clients’ companies and they want to take a look at the companies’ books and records.

 

  What are you seeking to get out of your relationship with a SaaS Agreements Lawyer? Whether your’re a new company just starting out and need incorporation and founders' stock agreement advice or a little further along and need an experienced SaaS Attorney to negotiate an enterprise licensing agreement Andrew has you covered at both ends of the spectrum.

 

Andrew loves working with SaaS startups and their founders. Why? Because in 2012 at the same time he was counseling SaaS companies he dipped his toes into the entrepreneurial world by starting a SaaS company with partners which obtained a patent in 2017.

 

Andrew's experience in building out a SaaS startup was nothing short of priceless. There is never a Delaware C Corporation legal issue raised by a client that Andrew has not personally experienced in acting as the General Counsel for his own SaaS startup.

 

In fact, it is this combination of being both a SaaS Lawyer and SaaS entrepreneur that attracts new clients to Andrew’s SaaS Law Firm. Andrew hears the same thing from new clients which is they want to be represented by an attorney like Andrew who has done the startup grind and can understand from his own startup experiences what they are going through.

 

Is your SaaS, cloud or software company established, on its way and making sales? So perhaps you need Andrew’s counseling to help draft better, more effective SaaS Agreements to protect you from liabilities as your company takes on more clients. Or, are you an early stage SaaS company having a difficult time conceptualizing what liabilities could potentially occur as you start to take on clients. 


Either way, one of Andrew’s strengths comes from his own startup experiences and the fact that he has started a SaaS business from scratch with partners from a drawing on a napkin so at every stage of your company he has been there also and understands what can go wrong.


The software development stage and making sure your company is legally protected is also critical. If your a SaaS company and have outsourced development you need to make sure that payments to your developer are tied to the developer completing development milestones and fixing all bugs and defects. You need to also make certain that when the SaaS software is completed that the developer gives you all of the source code and that you own all of the Intellectual Property rights in what the developer created for you.

 

Andrew cannot also emphasize enough the importance of obtaining commercial liability insurance to protect your company from every possible threat and liability such as cyber theft or a data hack. Too many startups with too little money fail to see the importance in purchasing insurance and this is a huge mistake.

 

As your company grows and you take on more clients you are going to need a different type of SaaS agreement drafted. This is likely because more and more of your clients will be enterprise and will not sign the bare bones SaaS contracts that smaller companies will not even hire a lawyer to look at. Rather, they will likely just sign it.

 

With that said, dealing with a SaaS enterprise client is an entirely different story. Chances are you will be negotiating with in-house counsel for the customer who is likely going to over-lawyer the agreement and try to get you to agree to the most draconian language possible regarding warranties, your company’s liability and a robust Service Level Agreement. This is where Andrew’s experience comes in as he has negotiated dozens of SaaS Agreements and can explain all of the language in plain English terms so you fully understand the risks and potential liabilities of entering into an agreement with an enterprise customer.

 

  As your SaaS company grows you will inevitably start to deal with larger businesses. What it comes with larger enterprise type businesses is more complex, detailed legal agreements and unfortunately these types of companies have the legal resources to bury your small company. A typical enterprise SaaS Agreement could be 60 pages in length. This is because enterprise companies like to tack onto their agreements all of their policies dealing with privacy and data security. They do this so in the agreement the SaaS vendor agrees to all of these policies.

 

Even if an enterprise company is still testing your product in-house but it has signaled they are going to do a deal with your company you should get their SaaS agreement as soon as possible. There are going to be many provisions in the agreement that will be deal breakers for the customer including the requirement that your company purchase a sufficient amount of commercial liability insurance to mitigate against a data breach, cyber attack and resulting losses and damages. So, if you have not purchased a commercial insurance policy you need to get on it ASAP. It’s not like purchasing car insurance where the broker bind you on the same day. Rather, it could take three to four weeks for an insurance carrier to approve your company. The reason being since startups are new, have no track record and little no earnings the insurance companies require early stage companies to answer a lot of questions and fill out many forms.

 

The enterprise customer might want your company to purchase auto, workers comp and general liability policies. So you need to be ready to deal with this.

 

If you know the customer is going to require a certain amount of “bandwidth” you might want to speak to your third party cloud managed services provider to get that part of the process in motion.


The main difference between an enterprise customer and a non-enterprise customer is that an enterprise customer is going to require that your company assume significant liability and risks with hosting, serving and maintaining the enterprise company’s data. The enterprise company in the agreement is going to require you to agree to maintain its data in a certain way to protect it and to implement protocols, measures and safeguards for data security and privacy. For some startups with limited resources it is virtually impossible to put in place all of the privacy and security measures required by an enterprise client.

 

In addition, while an owner of his SaaS company Andrew performed legal work including closing multiple capital financing rounds, negotiating global SaaS agreements with enterprise customers, negotiating a software application development agreement, drafting reseller agreements, bylaws, founders stock purchase agreements, investor subscription agreements, intellectual property licensing and protection agreements and NDA's.


Andrew represents SaaS companies located in San Diego, Silicon Valley, Austin, Dallas, Fort Worth, Houston, San Antonio, Texas, Maryland, Columbus, Cleveland, Ohio, Indianapolis, Raleigh, Charlotte, Nashville, Phoenix, Miami, Tampa, Jacksonville, Orlando, Florida, Atlanta, Seattle, Philadelphia, Delaware, Memphis, Washington DC, St. Louis, Kansas City, Denver, Boulder, Salt Lake City, Los Angeles, San Francisco, California, New York, New York City, Brooklyn, Chicago, Boston, Connecticut and San Jose.


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


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SaaS Agreements Lawyer

SaaS Agreements Lawyer Andrew S Bosin LLC in New Jersey near New York City provides advice to SaaS, software and cloud entrepreneurs, vendors, startups, customers, developers, licensees, end-users and enterprise companies.


andrew@saas-lawyer.com