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The Anatomy of an Enterprise SaaS Sales Agreement (MSA)
April 13, 2023
Technology Transactions

The Anatomy of an Enterprise SaaS Sales Agreement (MSA)

f you’re selling a Software as a Service (SaaS) product to Enterprise companies, your customers will demand a strong Enterprise SaaS Sales Agreement. Sometimes they’ll sign yours, but more often than not – you’ll have to sign theirs. This may lead to some back and forth, and lots of redlines. Yay, legal! There are hundreds of templates available online, but you should know what the terms mean – and have these agreements edited to meet your specific needs. Here is a high level overview of what goes into an Enterprise SaaS Sales Agreement: Continue Reading The Anatomy of an Enterprise SaaS Sales Agreement (MSA) Read MoreEdit"The Anatomy of an Enterprise SaaS Sales Agreement (MSA)" Must-Do's for Companies Ready to Level Up alt Must-Do’s For Companies Ready to Level Up April 9, 2023contracts, corporate law, equity, incorporation, intellectual property, policies, privacy policies, startup equity, startup lawKS Kader When you start a technology business, money may be tight, and you may have cut a few corners without a proper ‘legal’ budget because the focus is on development. This is a fairly common practice – but when you are ready to level up and sell to Enterprise companies, explore funding opportunities, or discussing acquisition – there are a few things you must put priority on. This article will give you a high level overview of Must-Do’s for Companies Ready to Level Up. Continue Reading Must-Do’s For Companies Ready to Level Up Read MoreEdit"Must-Do’s For Companies Ready to Level Up" How Trademarks Work alt How Trademarks Work March 26, 2023branding, filing trademarks, intellectual property, IP, trademarking, trademarksKS Kader 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. Continue Reading How Trademarks Work Read MoreEdit"How Trademarks Work" The Anatomy of a Software Development Agreement alt The Anatomy of a Software Development Agreement March 12, 2023app development, business law, contracts, developer agreement, entrepreneurs, software development, software development agreement, startupsKS Kader Companies small and large often employ the help of software 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 software development firm outlining specifics. Continue Reading The Anatomy of a Software Development Agreement Read MoreEdit"The Anatomy of a Software Development Agreement" The Anatomy of an Ecommerce Terms and Conditions of Sale alt The Anatomy of an eCommerce Terms and Conditions of Sale March 9, 2023ecommerce, ecommerce terms, online sales, product sales, terms and conditionsKS Kader Selling products online comes with its unique set of advantages and challenges. If you’re in the business of selling products online, or managing an online store, it’s important you have an appropriate Terms of Sale in place to protect your company. This post will give you a high level overview of what goes into an eCommerce Terms and Conditions of Sale. Continue Reading The Anatomy of an eCommerce Terms and Conditions of Sale Read MoreEdit"The Anatomy of an eCommerce Terms and Conditions of Sale" The Anatomy of a Sale of Goods Agreement alt The Anatomy of a Sale of Goods Agreement (to Distributors or Resellers) January 4, 2023sale of goods, sales, sales agreements, sales contractKS Kader If you are in the business of selling Goods to distributors or resellers – you should have a solid Sale of Goods Agreement in place to govern your relationship. This Agreement dictates all the specifics of the business relationship, and protects your business from associated liabilities. This blog post will give you a high level overview of what goes in to a Sale of Goods Agreement to distributors or resellers. Continue Reading The Anatomy of a Sale of Goods Agreement (to Distributors or Resellers) Read MoreEdit"The Anatomy of a Sale of Goods Agreement (to Distributors or Resellers)" Legal Considerations for Web3 Companies alt Legal Considerations for Web3 Companies and Products June 28, 2022data law, intellectual property, nft, paas, privacy law, saas, software law, terms of service, terms of use, web3KS Kader Web3.0 (“Web3”) is being touted as the ‘next big thing’ in software, services, and everyday life. From cryptocurrency, to non-fungible tokens (NFT), to development in the ‘metaverse’ – Blockchain based Web3 is primed to be the foundations of how we interact with technology in the near future. This post will give you a high level overview of some of the legal considerations that Web3 companies must think about. Continue Reading Legal Considerations for Web3 Companies and Products Read MoreEdit"Legal Considerations for Web3 Companies and Products" Why you should regularly update your sales contracts alt Why You Should Regularly Update your Sales Contracts January 31, 2022commercial transactions, contracts, saas contracts, SaaS Sales, saas. law, updating agreementsKS Kader 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. Continue Reading Why You Should Regularly Update your Sales Contracts Read MoreEdit"Why You Should Regularly Update your Sales Contracts" The Anatomy of a Data Privacy Impact Assessment alt The Anatomy of a Data Privacy Impact Assessment September 22, 2021data privacy impact assessment, data privacy law, dpia, privacy impact assessment, saas. law, software as a service lawLeave a Commenton The Anatomy of a Data Privacy Impact AssessmentKS Kader 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. Continue Reading The Anatomy of a Data Privacy Impact Assessment Read MoreEdit"The Anatomy of a Data Privacy Impact Assessment" The Anatomy of a Platform-as-a-service Agreement Package alt The Anatomy of a Platform-as-a-Service (PaaS) Agreement Package May 19, 2021cloud hosting law, cloud services agreement, paas contracts, saas, saas contracts, software lawKS Kader 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. Continue Reading The Anatomy of a Platform-as-a-Service (PaaS) Agreement Package Read MoreEdit"The Anatomy of a Platform-as-a-Service (PaaS) Agreement Package" The Anatomy of a Data Processing Agreement (DPA) alt The Anatomy of a Data Processing Agreement (DPA) May 4, 2021cybersecurity law, data privacy, data privacy compliance, data processing addendum, data processing agreement, dpa, saasKS Kader 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. Continue Reading The Anatomy of a Data Processing Agreement (DPA) Read MoreEdit"The Anatomy of a Data Processing Agreement (DPA)" 8 non-negotiables of your SaaS Agreement alt 8 Non-Negotiables of your SaaS Agreement March 9, 2021KS Kader 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,… Continue Reading 8 Non-Negotiables of your SaaS Agreement Read MoreEdit"8 Non-Negotiables of your SaaS Agreement" How to protect your Trade Secrets alt How to Protect your Trade Secrets March 1, 2021confidentiality agreement, intellectual property, nda, saas, saas contracts, trade secretsKS Kader 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. Continue Reading How to Protect your Trade Secrets Read MoreEdit"How to Protect your Trade Secrets" The anatomy of a Software Value-Added Reseller (VAR) Agreement alt The Anatomy of a Software Value-Added Reseller (VAR) Agreement February 22, 2021reseller agreement, saas, saas agreement, saas contracts, software as a serviceKS Kader 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. Continue Reading The Anatomy of a Software Value-Added Reseller (VAR) Agreement Read MoreEdit"The Anatomy of a Software Value-Added Reseller (VAR) Agreement" The Anatomy of an API License Agreement alt The Anatomy of an API License Agreement December 18, 2020api, saas, saas contracts, software as a service, startup law, startupsKS Kader 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. Continue Reading The Anatomy of an API License Agreement Read MoreEdit"The Anatomy of an API License Agreement" 6 Things Your Customers will Negotiate in Your Software Sales Agreement alt 6 Things Your Customers will Negotiate in Your Software Sales Agreement September 8, 2020business law, contract law, saas, saas agreement, software, software agreement, software law, software license agreement, startup lawKS Kader 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. Continue Reading 6 Things Your Customers will Negotiate in Your Software Sales Agreement Read MoreEdit"6 Things Your Customers will Negotiate in Your Software Sales Agreement" The Anatomy of an Employment Agreement Package alt The Anatomy of an Employment Agreement Package May 11, 2020business law, employment agreement, employment law, legal, startup law, startup legal, startupsKS Kader 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. Continue Reading The Anatomy of an Employment Agreement Package Read MoreEdit"The Anatomy of an Employment Agreement Package" High Level Overview of Business Insurance alt High Level Overview of Business Insurance May 1, 2020business law, contract review, contracts, insurance, saasKS Kader 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. Continue Reading High Level Overview of Business Insurance Read MoreEdit"High Level Overview of Business Insurance" Data Security Incident Mitigation for Software Companies alt Data Security Incident Mitigation for Software Companies April 23, 2020business law, data security, incident mitigation, saas company, software lawKS Kader 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. Continue Reading Data Security Incident Mitigation for Software Companies Read MoreEdit"Data Security Incident Mitigation for Software Companies" Forming a 501(c)(3) Nonprofit Organization alt Forming a 501(c)(3) Nonprofit Organization April 15, 2020corporate law, npoKS Kader 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. Continue Reading Forming a 501(c)(3) Nonprofit Organization Read MoreEdit"Forming a 501(c)(3) Nonprofit Organization" The CARES Act for Startups and Small Businesses alt The CARES Act for Startups and Small Businesses April 3, 2020cares, cares act, sba, small business administration, startup law, stimulusKS Kader 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. Continue Reading The CARES Act for Startups and Small Businesses Read MoreEdit"The CARES Act for Startups and Small Businesses" High Level Overview of Intellectual Property Licensing alt High Level Overview of Intellectual Property Licensing March 31, 2020copyrights, IP, patents, trademarksKS Kader 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. Continue Reading High Level Overview of Intellectual Property Licensing Read MoreEdit"High Level Overview of Intellectual Property Licensing" How to Protect your SaaS Business alt How to Protect your SaaS Business March 24, 2020business law, data privacy law, protect saas business, saas, startup legalKS Kader 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. Continue Reading How to Protect your SaaS Business Read MoreEdit"How to Protect your SaaS Business" The Anatomy of a SaaS Service Level Agreement (SLA) alt The Anatomy of a SaaS Service Level Agreement (SLA) March 20, 2020business law, dc tech, saas, saas sla, service level agreement, software as a service, tech companies, tech lawKS Kader 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. Continue Reading The Anatomy of a SaaS Service Level Agreement (SLA) Read MoreEdit"The Anatomy of a SaaS Service Level Agreement (SLA)" The Anatomy of a Telecommuting (Remote Work) Policy alt The Anatomy of a Telecommuting (Remote Work) Policy March 16, 2020internal policies, remote work, telecommuting, work from home policyKS Kader 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. Continue Reading The Anatomy of a Telecommuting (Remote Work) Policy Read MoreEdit"The Anatomy of a Telecommuting (Remote Work) Policy" High Level Overview of Independent Contractors vs. Employees alt High Level Overview of Independent Contractors vs. Employees March 4, 2020agreements, employees, employment law, independent contractors, startupsKS Kader 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. Continue Reading High Level Overview of Independent Contractors vs. Employees Read MoreEdit"High Level Overview of Independent Contractors vs. Employees" High Level Overview of Corporate Subsidiaries alt High Level Overview of Corporate Subsidiaries February 19, 2020business law, corporate law, corporate subsidiaries, entrepreneur, entrepreneurship, startup law, subsidiariesKS Kader 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. Continue Reading High Level Overview of Corporate Subsidiaries Read MoreEdit"High Level Overview of Corporate Subsidiaries" The Anatomy of a Founder Agreement alt The Anatomy of a Founder Agreement February 5, 2020cofounders, contracts, dissolution, entrepreneurs, entrepreneurship, founders, startupsKS Kader 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. Continue Reading The Anatomy of a Founder Agreement Read MoreEdit"The Anatomy of a Founder Agreement" Growing your Business: HR and Employment Regulations and Policies alt Growing your Business: HR and Employment Regulations and Policies February 4, 2020employees, hr policies, policies and procedures, regulations, startup, startup law, vcKS Kader 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. Continue Reading Growing your Business: HR and Employment Regulations and Policies Read MoreEdit"Growing your Business: HR and Employment Regulations and Policies" Anatomy of a SAFE Term Sheet alt Anatomy of a SAFE Term Sheet February 3, 2020convertible note, entrepreneurship, funding, fundraising, startup funding, startups, venture capitalKS Kader 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. Continue Reading Anatomy of a SAFE Term Sheet Read MoreEdit"Anatomy of a SAFE Term Sheet" Data Privacy and Security of your Vendors alt Data Privacy and Security of your Vendors January 3, 2020data privacy compliance, entrepreneurship, startups, tech companies, vendor security, vendor security assessmentsKS Kader 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. Continue Reading Data Privacy and Security of your Vendors Read MoreEdit"Data Privacy and Security of your Vendors" The Anatomy of a Privacy Policy alt The Anatomy of a Privacy Policy December 21, 2019ccpa, data privacy, online policies, privacy compliance, privacy policy, saas, saas business, saas policies, startup lawKS Kader 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. Continue Reading The Anatomy of a Privacy Policy Read MoreEdit"The Anatomy of a Privacy Policy" 8 Important Sections of your Company Information Security Policy alt 8 Important Sections of your Company Information Security Policy December 16, 2019data privacy compliance, data privacy law, information security law, information security policy, IT, tech lawKS Kader 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. Continue Reading 8 Important Sections of your Company Information Security Policy Read MoreEdit"8 Important Sections of your Company Information Security Policy" 18 Provisions your Website Terms Should Have alt 18 Provisions your Website Terms Should Have December 13, 2019business law, corporate law, law, legal, terms of use, website termsKS Kader 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. Continue Reading 18 Provisions your Website Terms Should Have Read MoreEdit"18 Provisions your Website Terms Should Have" CCPA for Tech Companies: 5 Things You Need to Know alt CCPA for Tech Companies: 5 Things You Need to Know October 17, 2019california consumer privacy act, ccpa, data law, data privacy compliance, privacy lawKS Kader 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. Continue Reading CCPA for Tech Companies: 5 Things You Need to Know Read MoreEdit"CCPA for Tech Companies: 5 Things You Need to Know" Corporate Governance for Startups alt Corporate Governance for Startups September 24, 2019board of directors, corporate law, startup corporate governance, startup lawKS Kader 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. Continue Reading Corporate Governance for Startups Read MoreEdit"Corporate Governance for Startups" Public Benefit Corporations: 5 Things You Need to Know alt Public Benefit Corporations: 5 Things You Need to Know September 11, 2019benefit corporation, corporate law, corporations, pbc, startup, startup company, startup lawKS Kader 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. Continue Reading Public Benefit Corporations: 5 Things You Need to Know Read MoreEdit"Public Benefit Corporations: 5 Things You Need to Know" Data Privacy Compliance: 3 Things Your Startup Needs to Know alt Data Privacy Compliance: 3 Things Your Startup Needs to Know August 30, 2019ccpa, compliance, data privacy, data privacy compliance, hipaa, regulatory complianceKS Kader Data Privacy Compliance is more important than ever. Here is a high level overview of why it’s important for startups. Continue Reading Data Privacy Compliance: 3 Things Your Startup Needs to Know Read MoreEdit"Data Privacy Compliance: 3 Things Your Startup Needs to Know" Money Talks: Venture Capital Fundraising vs. Bootstrapping alt Money Talks: Venture Capital Fundraising vs. Bootstrapping August 22, 2019bootstrapped startup, bootstrapping, fundraising, startup law, vc funds, vc law, venture capital, venture capital lawKS Kader 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. Continue Reading Money Talks: Venture Capital Fundraising vs. Bootstrapping Read MoreEdit"Money Talks: Venture Capital Fundraising vs. Bootstrapping" The Glossary of Startup Equity alt The Glossary of Startup Equity August 19, 2019funding, iso, nso, startup, stocksKS Kader Startup equity can be confusing, whether you’re a founder or a potential employee. This post is to help you understand the basic terms. Continue Reading The Glossary of Startup Equity Read MoreEdit"The Glossary of Startup Equity" Intellectual Property for Startups 101 alt Intellectual Property for Startups 101 July 19, 2019KS Kader 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… Continue Reading Intellectual Property for Startups 101 Read MoreEdit"Intellectual Property for Startups 101" Before You Launch Your Startup alt Before You Launch Your Startup June 1, 2019agreements, business law, contract law, contracts, entrepreneurship, incorporation, IP, startupKS Kader 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… Continue Reading Before You Launch Your Startup Read MoreEdit"Before You Launch Your Startup" The Risk of Contract Templates June 1, 2019agreements, contract law, freelancer, lawyer, small business, startupKS Kader 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… Continue Reading The Risk of Contract Templates Read MoreEdit"The Risk of Contract Templates" Contact Interested in connecting? Contact us today. From the Blog Expanding an International SaaS Company into the United States: Key Legal Considerations Legal Measures for Marketing Teams Best Practices for Engaging with Outside Counsel Key Legal Provisions in a Sponsorship Agreement Overview of State Data Privacy Laws Coming into Effect in 2025 Terms of Use. Privacy Policy. © Copyright 2025 - Law Office of K.S. Kader, PLLC - 1629 K St. NW, Suite 300, Washington, DC 20006 - Attorney Advertising - All Rights Reserved. Lawyer Landing Page | Developed By Rara Theme. Powered by WordPress. Privacy Policy
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