Legal Counsel to SaaS and IT Companies – Law Office of K.S. Kader, PLLC.
Software Business Law and Data Privacy Law.
It’s common for Software-as-a-Service (SaaS) companies to have their legal team draft a Sales agreement when they first get started, and use that same agreement in perpetuity. That’s not the best idea, however. Here are 6 reasons why you should regularly update your SaaS Sales Contracts.
Running a Software-as-a-Service (SaaS) company requires a continuous understanding of laws, regulations, legal precedence, and industry standards – because they’re changing all the time. That’s where a Product Counsel comes in.
The new legal model for early to mid-stage SaaS companies is outside general counsel – as a service. Here’s a breakdown of how that can help your business.
Data Privacy Impact Assessment (PIA) is an internal business process that organizations that process personal information use to tackle potential data privacy risks of their technologies, products, systems, processes, and business in general. The goal is to help the organization proactively understand their data privacy risks, and build processes and procedures around mitigating those risks. Data Privacy Regulations, and your Enterprise Customers recommend, and sometimes require, conducting PIA’s – so it may be in your best interest to familiarize yourself with them. This post will give you a high level overview of what goes into a Data Privacy Impact Assessment.
Artificial Intelligence (AI) is a part of every day life. Whether it’s the factories building the things you use every day, SIRI or Google Assistant on your phone, Alexa on your Amazon devices, or even your Roomba vacuum – AI …
Data is gold now in the digital world, and Software-as-a-Service (SaaS) companies collect a ton of it. Selling access to data has become a huge business model that a lot of companies do in addition to selling their actual product. …
Thanks to more usable technology like application programming interface (API) connections, Software-as-a-Service (SaaS) businesses often partner with other SaaS businesses for technology partnerships through an integration. Just like any other engagement, though, you should have an agreement that outlines the parameters of the integration. This post will give you a high level overview of what goes into a Technology Integration Agreement.
When negotiating a deal to sell your Software-as-a-Service (SaaS) product to an Enterprise company, you must keep some key considerations in mind. Let’s be honest here – the Enterprise will likely push their weight against your smaller company in negotiating terms – but if you go in prepared with what to expect, you’ll have a better chance to close the deal in a quicker timeline. This post will outline 6 key considerations when negotiating an Enterprise SaaS deal.
Acquisitions happen often in the business world – whether it’s one company acquiring the entirety of another, or acquiring specific products, services, or offerings of another. The core agreement behind these transactions is called an Asset Purchase Agreement. This post will give you a high level overview of what goes into an Asset Purchase Agreement, and some of the key considerations to make when drafting, negotiating, and executing one.
Platform-as-a-Service (PaaS) solutions offer a cloud-hosted platform for software developers to develop, deploy, and manage applications – so that they don’t have to worry about setting up, managing, maintaining, and monitoring cloud instances. Popular PaaS solutions include products from Amazon Web Services, Microsoft Azure, Aptible, and Heroku. A standard PaaS Agreement Package generally consists of three parts: Cloud Services Agreement, Service Level Agreement, and an Acceptable Use Policy. This post will give you a high level overview of what goes into a PaaS Agreement Package.
If your SaaS company is doing business with Enterprise companies or handling personal data in general, you’ll likely be required by your Enterprise customers to sign a Data Processing Agreement in addition to your standard Terms of Service/Software as a Service Agreement. This post will give you a high level overview of a Data Processing Agreement.
Building a referral (or partner) program is a method often employed by Software-as-a-Service (SaaS) companies to grow, without the need to hire tons of sales representatives. Just like any other business arrangement, there should be an appropriate written agreement in place between your business and the referral partner outlining how the arrangement will work with provisions to protect your business. If your SaaS company is planning to build out a referral program – this post will give you a high level overview of what should be in a referral program agreement.
When you’re selling your Software-as-a-Service (SaaS) product, your enterprise customers may want to negotiate, redline, and push back on your contract. Some of their asks are reasonable, but there should be some clear non-negotiables. This isn’t about the business terms, …
Trade secrets are often the life blood of a Software-as-a-Service (SaaS) and Information Technology (IT) company. But, you can’t just call something a trade secret, not take active measures to protect that secret, and expect the adequate protection. This post will give you a high level overview of how to protect your trade secrets.
A common use-case for Software businesses today is utilization of a value-added reseller (VAR). This type of arrangement is when a VAR bundles your software in or with other products or components and resells the resulting, integrated product to end-users under their brand name. A VAR doesn’t use your standard sales agreement, though. You should have a very specific Value-Added Reseller agreement with the appropriate provisions to protect your business, your product, and liability. This post will give you a high level overview of the anatomy of a Software Value-Added-Reseller Agreement.
If you’re running a software business, you need some policies and agreements in place to make sure you are protected. But what exactly do you need to sell your product? Is it a Terms of Service, SaaS Agreement, or a End User License Agreement? This post will give you a high level overview of the difference between these three specific documents.
Entire businesses are now built off of API integrations. There are some specific nuances that should be contractually identified – this post will give you a high level overview of an API License Agreement.
In the D.C. area – the startup scene is emerging and expanding rapidly, but government contracting (GovCon) is the main business for technology companies. If your SaaS company is new to the GovCon space, this article will give you a high level overview of 5 things you need to know.
If you’re selling software to larger organizations, chances are the legal department needs to get involved to negotiate some specific provisions in your software license or SaaS agreement (depending on what kind of software you sell). The key here is to make sure you are protected, while still coming to an amicable agreement with your customer. This post will give you a high level overview of 6 key provisions that your customers are likely to negotiate with you on.
If you’re selling a Software as a Service (SaaS) product to enterprise companies, your customers will demand a strong master service agreement. Sometimes they’ll sign yours, but more often than not – you’ll have to sign theirs. This leads to some back and forth, and lots of redlines. Yay, legal!
If your software business handles the personal data of citizens of other countries, you should get familiar with data privacy laws across the world – because you’re likely bound to them. If you violate the laws, you may be liable for hefty fines (or worse).
This goes for the PII of citizens of the European Union, United Kingdom, Brazil, Israel, Argentina, Russia, or countless other countries. So – what steps do you take to make sure you are compliant?
An Employment Agreement Package are the documents executed between your company and a new employee. Making sure this package has all the necessary documents and provisions following relevant state and local employment regulations, as well as keeping your best interests in mind is important to make sure you are protected. This post will give you a high level overview of what goes into an Employment Agreement Package for a non-executive member of your team.
Having appropriate business insurance policies in place can be your saving grace. This post will give you a high level overview of business insurance, the different types of policies available, and why it is important for your business.
Data security is important for software companies. because most, if not all, are handling some sort of sensitive data. Data security incidents happen, and they will keep happening. It’s in your best interest to mitigate data security incidents as much as possible. This post will give you a high level overview of what you should do to mitigate data security incidents, and be prepared if/when it happens to you.
501(c)(3) Nonprofit Organizations (NPO) are organizations built to further a charitable, social, or beneficial cause – specifically in religious, scientific, literary, or educational settings. NPO’s use the money they make to further their cause instead of distributing it to it’s shareholders, leaders, or members. Forming a 501(c)(3) NPO takes some work, though. This post will give you a high level overview of how to form a Nonprofit Organization.
On March 27, 2020 – reacting to the global COVID-19 pandemic, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Title 1 of the CARES Act is aimed at assisting small and medium-sized businesses negatively impacted by the pandemic. This post will give you a high level overview of the CARES Act for Startups and Small Businesses.
Licensing your intellectual property involves giving another party permission to use your IP for their purposes, usually in exchange for a pre-determined amount. This post will give you a high level overview about intellectual property licensing.
Software is eating the world. If your business builds Software as a Service (SaaS) products, there are quite a few measures that you should be taking to legally protect your business. This post will give you a high level overview of how to protect your SaaS business.
If you’re running a Software as a Service (SaaS) business, your customers will expect a Service Level Agreement (SLA) from you. This post will give you a high level overview of SaaS Service Level Agreements, and what should be included in them.
Thanks to the wonders of technology, telecommuting/remote work is a common and accepted practice. Having an established remote work policy allows you to hire talent anywhere, and keep things moving in times of emergency when everyone is forced to work from home. This post will give you a high level overview of the anatomy of a telecommuting policy.
Companies small and large often employ the help of application or web development firms to build their products. Some eventually hand-off to an in-house team, and others keep the firms to act as their engineering team. Regardless of the arrangement, there should be a clear agreement in place between the hiring company and the app development firm outlining specifics.
There are several important legal, benefit, tax, and human resources implications when it comes to Independent Contractors vs. Employees. The parties involved aren’t just your company – but also includes the Department of Labor, the Internal Revenue service, state, and local authorities. This post will give you a high level overview of the difference between the two, and what could happen if you misclassify one for the other.
Many of the companies you interact with every day either own, or are, subsidiaries of another company. For example, Alphabet Inc. is the parent company, and Google is a subsidiary. This post will give you a high level overview of corporate subsidiaries.
Starting a company with a friend or colleague is exciting. But, things can go wrong – and it’s in your best interest to try and prepare for the unexpected. This post will give you a high level overview of what goes into a Co-Founder agreement.
You’ve raised funding, and you’re off to the races. Your company is growing quickly, and you’re steadily hiring more full-time employees. This post will give you a high level overview of what internal policies you should have, and what federal and local laws you must follow when hiring full time employees.
If you are considering raising venture funding, you’ve likely heard of SAFE (Simple Agreement for Future Equity) Agreements. SAFE’s are good for early stage startups raising seed capital from angel investors, friends, and family before receiving institutional venture capital financing. This post will give you a high level overview of the anatomy of a SAFE Term Sheet.
Data privacy and security is more important than ever, and it extends beyond just your company. It forwards to all of your vendors, services providers, third party apps, and anyone else that processes (or handles) your data – whether it is an advertising platform, email provider, marketing technology, or even your appointment booking system. Vendor Security Assessments help you make sure of this.
If you’re a business that collects data – you should absolutely have a strong Privacy Policy too. This post will give you a high level overview of important provisions of your Website Privacy Policy.
If your company is handling data, it is important (and may be required by law) that you have a good company facing Information Security Policy in place. This article will highlight 8 important sections of your Information Security Policy.
If you have a website conducting business – whether you’re a Software as a Service (SaaS), eCommerce website, or a service provider – you should have website terms and conditions published and accessible to the public. This post is outlines 18 provisions your website terms should have and what they mean.
The California Consumer Privacy Act (CCPA) is fast approaching. This article will give you a high level overview of 5 things tech companies need to know.
If your startup is a C Corporation – you should familiarize yourself with Corporate Governance. This post will give you a high level overview of what you need to know and do.
Public Benefit Corporations (PBC) are becoming more and more common. But what are they? Are they non-profits? Are they corporations? The answer is – they’re a bit of both. This post will give you a high level overview of 5 things you need to know about PBC’s.
Data Privacy Compliance is more important than ever. Here is a high level overview of why it’s important for startups.
Starting and running a company is not easy or cheap. You have options for funding – the most common of which are Venture Capital (VC) Fundraising or Bootstrapping (bankrolling yourself). Both have their pro’s, con’s, payouts, and drawbacks – and this post is here to give you a high level overview of what to think about when making the decision.
Startup equity can be confusing, whether you’re a founder or a potential employee. This post is to help you understand the basic terms.
When you start a company, intellectual property, or IP as we’ll call it for the rest of this post, is something to think about from the moment you have the idea. IP is your basically your work product. IP can …
If you’re running a company today, you’re probably signing a whole bunch of contracts with software as a service (SaaS) vendors to help simplify running your life as an entrepreneur. Here are 7 key provisions to negotiate in your SaaS vendor contracts.
You’ve been burning the midnight oil on a startup for a while now and all of a sudden – it’s working! You’re ready to level up. Customers are signing up, some money is coming in, and you’re thinking about raising …
Trademarks are an important part of protecting your brand and product. You should understand the basics of trademark law, and what the process of filing with the United States Patent and Trademark Office (USPTO) is.
If you’re planning on launching a Software as a Service (SaaS) company – chances are you’ve already looked into how to incorporate in Delaware with a San Francisco/New York City address. You can use services like LegalZoom for this – …
You’ve been working on your idea for a few months now with a cofounder, and you think you have something tangible. You want to make it ‘real’ by incorporating. You’re thinking LLC because you hear that it’s ideal for taxes …
Starting a business is expensive, time consuming, and can easily get overwhelming. The good thing is a quick Google search leads you to dozens of websites that will incorporate your business, and hundreds of templated contracts you can use. The …