FTC Complaint Alleges Annual Paid Subscription Contract Violates Federal Law
https://vimeo.com/989837551 If your SaaS company is relying on an annual paid monthly subscription model with its consumers, the FTC has put you on notice that it believes such plans violate federal law. The FTC has just filed a complaint against Adobe over its “Annual Paid Monthly” subscription contract. A copy of the FTC complaint is […]
The Prinz Law Office Launches New Subscription Plan
The Prinz Law Office is pleased to announce the launch of a new subscription plan, which is intended to simplify the process of working with a lawyer for companies as well as individuals. The firm’s subscription plans have been been designed to uniquely enable clients to hire and communicate with counsel without the fear or […]
Software Licensing vs. Software-as-a-Service (“Saas”) : The Importance of the Technology Model to Contract Drafting
When I am first retained by a software company, I inevitably have a conversation with my contact at the company about their technology model. Nine times out of ten the client either will be unable to answer the question or will say that they are working under one technology model and send you contracts that […]
Insurance Industry Guidance to Consider When Negotiating a SaaS Indemnification Clause
As a software attorney advising SaaS companies in contract negotiations, I am frequently asked for advice on negotiating indemnification clauses. While clients all have different risk tolerances when it comes to the issue of indemnification, it is always challenging to advise parties on either side of the negotiating table, as it is difficult to provide […]
Capitalizing on SaaS Sales Opportunities During the Coronavirus Crisis Without Creating New Legal Risks
Although many businesses are concerned about the potential economic fallout of recent shelter-in-place orders in Silicon Valley as well as more limited office and business closings across the United States, the coronavirus crisis is presenting a unique sales opportunity to savvy SaaS companies, given the fact that much of the United States workforce has suddenly […]
Practice Tips for Renegotiating Contracts due to Coronavirus Uncertainty and Changed Business Conditions
If your software company is like many, you are probably already contemplating the renegotiation of certain contracts due to the uncertainty and changed business conditions arising from the coronavirus pandemic. However, the renegotiation of contracts will inevitably open your software company up to the possibility of having to agree to terms and conditions far less […]
Force Majeure and the Coronavirus Pandemic: What Does Your Software Company Need to Know?
If you are on a law firm mailing list, it is likely that you have seen emails or alerts in the last few weeks that discuss the concept of “force majeure.” Why has the concept of force majeure suddenly become a favorite topic of law firms around the country? Well, over the month of March, […]
Why “SaaS Agreements” are not “SaaS Licenses”
Have you ever heard the term “SaaS license” or “SaaS Licensing” being used among lawyers and businesspeople? There is a misconception that there is such a concept as a “SaaS license.” However, in fact, two principles are actually being confused: the “software license” and the “SaaS agreement.” Why does this matter? Well, if you […]
Arbitration vs. Litigation: Which is Better for a SaaS Contract?
I was recently asked by a client whether arbitration or litigation in a contract was better. The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the […]
Careful Drafting of Pricing Terms is Key to all Software Licenses and SaaS Agreement
As a software company, do you make a special point of sending all your price schedules, payment terms, and price-related clauses to software counsel for review before you send them out the door to your potential customer? If your company is like most, my expectation would be that you are probably handling all such issues […]