Responsibilities of a Subcontractor in Government Contracts for Software

The government is a large purchaser of software and contracts related to software development for government entities carry a unique set of challenges and responsibilities. The complexity increases further when these contracts involve subcontractors, who work with a prime contractor to deliver services. Subcontractors play a pivotal role in fulfilling government contracts, and their responsibilities extend beyond mere execution of tasks. They must navigate a web of legal, technical, and ethical obligations, ensuring the project’s success and compliance with all applicable laws and standards. This post will give you a high level overview of the responsibilities of a subcontractor in government software projects.

Due Diligence in SaaS Company Acquisitions

Most Software as a Service (SaaS) companies have 2 ultimate goals: to become a publicly traded company, or to be acquired by another company. The acquisition process of a SaaS company involves a in-depth process of due diligence to ensure that the investment is sound and the future potential of the acquisition is maximized. This blog post will explore the key components of due diligence in SaaS company acquisitions.

Notifying Customers of Changes to Clickthrough Terms, Policies, and Agreements

Most Software-as-a-Service (SaaS) companies publish click-through Terms, Privacy Policies, and sometimes, Sales Agreements. It’s important to appropriately inform Customers about changes to these legally binding agreements – ensuring clarity and legal compliance. This post will give you a high level …

The Importance of Contract Lifecycle Management

A software-as-a-service business will enter into dozens, if not hundreds of contracts annually. These contracts include those with vendors, customers, partners, employees, contractors, and more. This makes contract lifecycle management (CLM) increasingly important. Efficient management of these contracts is crucial for business success, ensuring compliance, minimizing risks, and maximizing operational and financial performance. This post will give you a high level overview of the importance of contract lifecycle management.

The Role of Outside Counsel for SaaS Companies

Technology companies often require legal assistance outside of the organization to help navigate specific issues. This assistance is provided by Outside Counsel – firms or individual attorneys hired by a company to provide legal advice and representation on specific matters. This post will give you a high level overview of the role of outside counsel for technology companies.

Legal Implications of Clickwrapped B2B SaaS Agreements

Business to Business Software-as-a-Service (B2B SaaS) companies large and small often employ the use of clickwrapped legal agreements in their sales process. This can, however, become a critical issue – and it’s important to understand the legal implications. This blog post will give you an understanding of the legal implications of agreeing to clickwrapped B2B SaaS Agreements.

The Importance of Terms of Use for B2B SaaS Companies

For B2B SaaS companies, ensuring legal compliance and establishing clear guidelines for the use of services is very important. This is where the “Terms of Use” comes in. This document serves as an important framework that governs the relationship between the SaaS provider and its users. This post is a high level overview of Terms of Use for B2B SaaS companies.

Terms of Service vs. SaaS Agreement vs. End User License Agreement – Which One Do You Need?

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.

6 Key Considerations in Enterprise SaaS Sales Deals

Negotiating a deal with an Enterprise company can be a tricky endeavor. 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 of closing the deal in a quicker timeline. This post will outline 6 key considerations in Enterprise SaaS Sales Deals.

The Anatomy of a Data License Agreement

Data is gold now in the digital world, and Software-as-a-Service (SaaS) companies collect a ton of it. Licensing access to data has become a huge business model that a lot of companies do in addition to their actual product. If you’re planning to license your data, you should have an appropriate agreement in place. This post will give you a high level overview of what goes into a Data License Agreement.

The Anatomy of a Technology Partnership Agreement

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.

The Anatomy of a Referral Agreement

Building a referral 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. 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.

The Anatomy of an Asset Purchase Agreement

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.

Government Contracting for SaaS Companies

Government Contracting for SaaS Companies

The federal government is the largest purchaser of goods and services in the United States. This includes software development services, and software solutions that can be utilized by government entities. If you’re a Software as a Service company and new to the government contracting (GovCon) space, this article will give you a high level overview.

Creating a Contract Negotiation Playbook

Creating a Contract Negotiation Playbook

Streamlining the sales process while appropriately protecting the company is a top priority for any organization selling goods or services. Deals can get held up by negotiations, especially during crunch time like End of Quarter. That’s why it is good practice to create a contract negotiation playbook to be shared with sales, procurement and legal. This post will give you an overview of how to create a contract negotiation playbook.

High Level Overview of Autorenewal Laws

High Level Overview of Autorenewal Laws

Automatic renewal provisions in contracts have been under increased scrutiny. On a national level, The Federal Trade Commission (FTC) has been regulating this for decades using Section 5 of the Federal Trade Commission Act. More recently, The Consumer Financial Protection Bureau has gotten more involved – filing suits with regards to companies taking advantage of Consumer’s “dark patterns”.

In the past decade, States have enacted “automatic renewal laws” that businesses must adhere to in order to protect consumers in the state. As of December 1, 2022 – 31 states have automatic renewal laws in effect. No two states automatic renewal laws cover the same types automatically renewing contracts, but there are a few commonalities. This post will give you a high level overview of autorenewal laws.

Key Updates to your Terms for Generative AI Features

Key Updates to your Terms for Generative AI Features

Software as a Service (SaaS) companies far and wide are adding Generative Artificial Intelligence (Generative AI) features, such as ChatGPT, Bard, and Bing.ai) to their offerings. It’s important to note that these features come with additional legal risks and requirements. This means updates to your Terms, Privacy Policies, and agreements in general are necessary This post assumes that your SaaS offering has a well laid out Terms, and will give you a high level overview of key updates specifically for Generative AI Features.

Key Provisions to negotiate in your SaaS Vendor Contracts

Key Provisions to Negotiate in your SaaS Vendor Contracts

Companies across all industries use the services of software as a service (SaaS) vendors to help simplify running the business. Almost every SaaS vendor you use hosts a treasure trove of your company data – and you want to make sure you’re contractually protected. Here is a high level overview of key provisions that you should review, re-review, and hammer down on with every SaaS agreement you sign.

Handling the Personal Data of People in Other Countries

Handling the Personal Data of People in Other Countries

If your software-as-a-service business handles the personal data of people in countries, you should get familiar with data privacy laws across the world – because you’re likely bound to them and your customers will require that you comply accordingly. If you violate the laws, you may be liable for hefty fines (or worse).

This goes for the personal data of people in 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?

Legal Considerations for Artificial Intelligence (AI) Software

Artificial Intelligence (AI) is a part of every day life now. Whether it’s the factories building the things you use every day, ChatGPT-powered solutions, SIRI or Google Assistant on your phone, Alexa on your Amazon devices, or even your Roomba vacuum – AI is here to stay – and it comes with legal considerations. There is now a mad dash to plug AI into software and service solutions far and wide. This post will give you a high level overview of legal considerations when bringing artificial intelligence software to market.

14 Agreements and Policies Every Software as a Service (SaaS) Company Should Have

If you’re running a software-as-a-service company, you should have several key agreements and policies in place protecting your company, your intellectual property, and your investors. These agreements will become important during due diligence with any Investor or potential Acquirer. Here are 14 important agreements and policies every SaaS company should have, broken down into 3 categories.

The Anatomy of an Enterprise SaaS Sales Agreement (MSA)

If 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:

Must-Do's for Companies Ready to Level Up

Must-Do’s For Companies Ready to Level Up

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.

The Anatomy of a Software Development Agreement

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.

The Anatomy of an eCommerce Terms and Conditions of Sale

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.

The Anatomy of a Sale of Goods Agreement

The Anatomy of a Sale of Goods Agreement (to Distributors or Resellers)

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.

Legal Considerations for Web3 Companies

Legal Considerations for Web3 Companies and Products

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.

The Anatomy of a Data Privacy Impact Assessment

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.

The Anatomy of a Platform-as-a-Service (PaaS) Agreement Package

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.

The Anatomy of a Data Processing Agreement (DPA)

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.

8 Non-Negotiables of your SaaS 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, …

The Anatomy of a Software Value-Added Reseller (VAR) Agreement

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.

6 Things Your Customers will Negotiate in Your Software Sales Agreement

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.

The Anatomy of an Employment Agreement Package

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.

Data Security Incident Mitigation for Software Companies

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.

Forming a 501(c)(3) Nonprofit Organization

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.

The CARES Act for Startups and Small Businesses

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.

The Anatomy of a Telecommuting (Remote Work) Policy

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.

High Level Overview of Independent Contractors vs. Employees

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.

Growing your Business: HR and Employment Regulations and Policies

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.

Anatomy of a SAFE Term Sheet

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 of your Vendors

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.