SaaS Contracts Lawyer

SaaS Contracts Lawyer Andrew S Bosin LLC drafts Agreements for clients in all fifty states.

SaaS Contracts Legal Advice

SaaS Contracts Lawyer helping clients navigate SaaS License Agreements who is located in New Jersey and represents SaaS, software and cloud companies and customers who use SaaS applications no matter where they are doing business in the United States.  

 

Andrew is also a SaaS entrepreneur and the company he created with partners was issued a patent in 2017. Needless to say, Andrew knows from his own personal startup experiences how to build and scale a SaaS startup.


Andrew bills and charges affordable flat rate fixed legal fees for most client engagements and projects.


Please call SaaS Contracts Lawyer Andrew S Bosin LLC for a free consultation at 201-446-9643.


andrew@saas-lawyer.com 


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SaaS Contracts vs Software License Agreements

Software licensing agreements are used when a proprietary software product is being licensed by the licensor/vendor to a licensee/customer.  The licensor has a proprietary ownership interest in copyrights, trade secrets, patents, and other Intellectual Property rights in the software.  A license is a very limited grant of those rights.  A software license typically can be exclusive or non-exclusive; it may be limited to a specific geographic territory, with or without a right to sublicense and transfer, with or without a right to make and store copies, and typically with a limited scope of access and use.  

 

A traditional software license described above is not applicable to software-as-a-service (SaaS) contracts because the customer/licensee/end-user does not download or install copies of the software.  Rather, SaaS software is a web based application and the customer typically logs into the provider's system to access and use the SaaS software via the Internet.  The vendor (or a third party cloud managed provider) hosts and serves the SaaS software in the cloud.  From 50,000 feet in its most simplistic manner the SaaS vendor provides a web based service to the customer consisting of hosting its software and performing certain services to support the hosted software and granting access to the hosted software to the customer typically on a non-exclusive, revocable subscription basis.  This is why a typical SaaS contract does not grant a license but rather grants access to the customer to use the SaaS software.  Typically, the more sophisticated the customer, i.e., enterprise level they are going to want the SaaS vendor to offer a Service Level Agreement which typically provides a certain level of maintenance and support and guarantee that the SaaS application will be up and running for a minimum guaranteed period of time, i.e., 99.5%.


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SaaS Master Service Agreements

Andrew offers experienced legal advice and services to SaaS, software and cloud vendors, startups, providers, end-users, licensees, developers, enterprise companies and customers in drafting, negotiating and reviewing Master Service Agreements.


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Negotiating SaaS Agreements

Negotiating SaaS Agreements is important so you get a well-drafted contract. A typical SaaS Agreement, whether it’s a Subscription or Master Services Agreement enables customers to access the SaaS application from any location, through the cloud, while customer data is stored with the SaaS provider or a third party cloud managed services provider.


An Effective SaaS Contract should cover many legal topics, including but not limited to:


  • Making certain from the vendor standpoint that the SaaS application is non-exclusive and revocable
  • Protecting the Vendor’s Intellectual Property related to the SaaS application and related software and documentation
  • Who can access and who owns the  data?
  • Making sure the customer owns  all its data or has licenses in place from third parties so it can use the data. This is critical so the vendor does not get sued by a third party claiming its IP or trademarks/copyrights are being used.
  • How data is protected in the event of a breach or recovered after a system failure.
  • Service Level Agreements.
  • How a customer can terminate the agreement in the event the SaaS application is compromised, defective or fails to work properly.


SaaS vendors should never agree to any clauses in a SaaS Agreement where they are liable for consequential damages liability. This is because all it takes is one data breach with the client suffering huge economic damages for the SaaS vendor to be put out of business. 

SaaS Contracts Lawyer

SaaS Contracts Lawyer Andrew S Bosin LLC with offices in New Jersey just across the river from NYC provides experienced legal advice and Services to SaaS startups, entrepreneurs, vendors, customers, developers, end-users, licensees and enterprise companies.


Andrew provides legal advice to clients located in all fifty states including Hawaii and Alaska.


Andrew helps clients with SaaS Service Level Agreements (SLA), Subscription Agreements and End-User License Agreements.


andrew@saas-lawyer.com