SaaS, Software, & Technology Contracts
Since I began my in-house career, software and technology agreements have been a significant part of my work. In 2008, when I started at a large online retailer, most of the software and technology agreements I reviewed and negotiated were on premises products installed on our own systems. Often, the most contentious issue was who would own improvements made by the company’s own software team, especially when those improvements involved custom code, integrations, or APIs.
As SaaS became the dominant model, data rights became the dominant issue, and I spent a lot of time negotiating how a SaaS provider could use anonymized data originally belonging to customers and/or customers’ customers. I also spent time in the details of data processing agreements, making sure they matched my clients privacy policies and complied with applicable data privacy laws. AI has added another layer, as data rights now include usage of prompts, uploaded materials, usage data, and even outputs. I have worked for both software customers and software providers, and have drafted the operative SaaS agreement for a fintech firm and an international mining technology company. I also drafted and negotiated agreements for on premises mining software and joint development agreements for mining technology.
Here are some examples of SaaS, Software, and Technology agreements I can draft, review, revise, and/or negotiate for you:
Master Services Agreements (MSAs)
SaaS Agreements
On Premises Software Licenses
Non-disclosure Agreements (NDAs) to protect technology and trade secrets
Data Processing Agreements
Statements of Work for bespoke software and technology
Vendor and Procurement Agreements
Affiliate, Co-marketing, and Reseller Agreements
Channel Partner Agreements
These are just a few examples of the types of SaaS, software, and technology contracts I’ve handled; if you have a technology agreement that is not included in the above, I can draft an agreement out of whole cloth. If you contact me with a contracting need that is not in my wheelhouse, I will refer you to another attorney who can help you.