SaaS Contracts Attorney Representing Startups, Vendors & Entrepreneurs in 2019


SaaS Contracts Attorney
Legal Advice For Technology Services Agreements

SaaS Contracts Attorney Helping Startups & Software Vendors

SaaS Contracts Attorney Andrew S Bosin LLC drafts and negotiates SaaS Contracts, Subscription Agreements, Master Services Agreements, End User License Agreements (EULA), Reseller Agreements, Service Level Agreements, Software Licensing Agreements, Cloud Computing Agreements, Health Tech Agreements, Technology Contracts, Software as a Service Agreements, Website Legal Agreements and Internet Contracts.

SaaS Contracts Attorney Andrew S Bosin LLC For Hire in 2019 helps SaaS, cloud and software startup company founders, entrepreneurs, application vendors, customers, resellers and enterprise companies and has the legal experience to help you with all of your software legal needs. Andrew specializes in helping early stage growth SaaS startups who need to incorporate in Delaware as C Corporations and choose Andrew's legal services to assist them in drafting bylaws, founders stock agreements and IP invention and non-disclosure agreements. Andrew also assists SaaS startups in drafting all of the necessary investor agreements to close capital financing rounds. 


Andrew also drafts and negotiates Subscription Agreements, Master Service Agreements, End User License Agreements, Reseller Agreements, Cloud Computing Agreements, Software Development Agreements, Software Licensing Agreements, Service Level Agreements and Website Agreements including Terms and Conditions, Terms of Use, Terms of Service and Privacy Policy Agreements.


One of things that SaaS entrepreneurs seek from Andrew is his unique perspective in having experience as both a SaaS Lawyer and SaaS entrepreneur who has helped clients structure and put together dozens of SaaS, software, Cloud and Blockchain deals across the globe. 


Like you, Andrew is also a software entrepreneur. In 2012, he started a SaaS company with partners that ultimately was awarded a patent for its application. Andrew performed just about every legal function that could be done in a Pre-A round Delaware C Corporation SaaS company including drafting bylaws, board resolutions, founder and investor stock purchase agreements, SaaS contracts and licensing agreements, NDA's and software application development agreements.

  

Starting your own SaaS, software or cloud business should be an exciting time. But the legal documentation needed to get going is probably not that exciting for entrepreneurs. Andrew works extremely hard to fully understand your business goals and legal needs as well as your future business and legal needs, whether that means getting your company in a position legally for investors for raising capital or a merger or sale Andrew can custom fit legal solutions to help meet all of your legal needs and objectives.


Andrew offers affordable, low cost legal services for a flat rate fixed legal fee so his clients know the exact cost in fees they are being charged. Andrew does not play games like some firms that charge clients large retainers and then send an even larger bill for fees at the end of the month. For a startup this type of erratic legal billing can cause havoc and disruption to business operations and the ability to stick to a budget.


One of the most important lessons Andrew took away from building and scaling a SaaS company is the need to properly budget for fixed monthly costs and capital expenditures. This necessitates creating digital financial statements that can be amended or changed at a moment’s notice to reflect the current state of your company’s financial position or to update financial projections, cost estimates or cap ex needs. All too often startups have no money and cannot go through the exercise of projecting profits, losses, costs and capital expenditures. Or, some early stage companies will raise between $50,000 and $100,000 and spend all of this money without sitting down to create a budget for the best use of proceeds.These types of companies are naïve in thinking that the gravy train will continue and they will be able to raise more funds easily. Unfortunately, for most startups they have no experience with investors and don’t fully realize how investors look at that second round after seed and friends and family. If a startup has been in business for about a year and has exhausted its seed monies and has no real revenues to show for their efforts they are going to have an incredibly hard time raising capital from any serious investors. The takeaway from all of this is that SaaS, software and cloud startups should create a budget that they can stick to which projects out over a period of time all anticipated expenses, costs and capital expenditures.


Another takeaway from Andrew’s experiences as an owner of a Delaware C Corporation is the need for good corporate governance. Startups should get in the habit right away from the commencement of their company of creating solid books and records so that all of their corporate legal actions such as resolutions, minutes, shareholder votes, investor agreements, etc., are organized and maintained properly. Startups should get in the habit early on once they start issuing stock to founders and selling stock to investors of creating a cap table which shows in each round how much stock has been issued, to whom, and how much stock remains in the corporation. Startups fail to realize early on that there are many actions that it will take from both legal and business perspectives that one capital raise round can blur to the next and if you don’t have your business and legal documents organized the red flags will pop up for any sophisticated investor who is interested in your company. Andrew counsels early stage SaaS, software and cloud startups on the importance of creating directories/folders in the cloud so that all their business and legal documents are organized and information can be accessed at a moment’s notice.


Andrew also raised funds personally and closed more than three capital financing rounds. Needless to say, the combination of Andrew's SaaS legal experience along with his startup experience is what makes Andrew an asset for your company. 


 What Issues Should You Be Aware of In Joining a Pre-A Round Startup


So you want to join an early stage, seed, pre-revenue, Pre-A round startup? Do you know anything about launching, building or scaling a startup business?


1. Where to Incorporate 


If you need to raise funds to start your SaaS business or anticipate needing capital in the next year or so to build, scale and support the 

business with founders, employees, developers, or contractors you should think about incorporating as a Delaware C Corporation.

Before incorporating, you should first speak with your accountant to make sure that a C Corp is the right type of corporate business legal structure for your company.


2. Why do Investors love Delaware C Corps.


If investors loved LLC’s there would be so many more articles online about the advantages of incorporating as a Delaware LLC. Investors love Delaware C Corps because from an operational standpoint a C Corp much easier to run than an LLC which has an operating agreement with a lot of language which needs to be amended if the LLC brings on a new owner which is called a “Member.” C Corp’s  have  bylaws which rarely need to be amended. Rather, when a major decision needs to be made by the owners of the C Corp a meeting is called and the majority of stock issued is the vote of the company. If one person owns more than 50% of the stock even if there are five other owners that own personality owning the majority of stock makes the decision for the company.


3. Stock Issued To Startup Founders Should Vest Over Time Based on Milestones


The moves that startups make in the very early stages with issuing equity to co-founders could have a dramatic effect on the company’s ability to raise capital from investors. Startups often make the fatal mistake of diluting the company of all its stock in the first round by issuing it to al of the founders. The next mistake that is made is that the startup does not have the founders sign restricted stock purchase agreements requiring that the majority of the stock issued to the founders vest over time. With vesting, founders are issued stock over time in increments usually monthly for performing their duties with the company. If there are no milestones and the founder stops performing their duties you can’t take the stock away from them that has already vested unless there are claw back provisions or language that states if the founder quits or stops working for the startup that the founder has to forfeit a certain amount of stock that has been issued to them.


The prudent thing to do is to tie the issuance of stock to founders to performance milestones. Hypothetically, if one of the founders is the developers and he or she builds the software according to all of the milestones then as each milestone is completed the founder gets more stock. Why is this a good idea. With milestones, founders know they have to work to get their shares. And, if you have a good product investors will want to offer capital to the startup if they know that founders if they decide to stop working or quit the startup will leave the bulk of their stock on the table. The last thing an investor wants to see is a founder quitting the company and taking 20% of the issued stock with them out the door.


4. You Should Only Issue Stock To Individuals Who Can Immediately Contribute To The Bottom Line


Some startups make the mistake of starting a company with way too many co-founders. For some reason they believe that the more founders they have at the start of the company the more successful they will be or it will somehow attract investors.


If all of the co-founders are contributing in a meaningful way then yes everyone should get stock.

But this is not the case for most startups. Most startups have a couple of founders who are working full time for the company and making huge sacrifices while some founders remain in their day jobs and perhaps get the same amount of equity as the founders who are in it full time not earning a paycheck from the startup. This is a recipe for disaster as the founders devoting all of their time to the startup will ultimately begin to resent the founders who are still in their day jobs.


5. You Need To Make Sure That The Startup Owns All of the IP That It Is Using


Another grey area in joining a startup is who owns the intellectual property being used by the company? Does the company own it? Does one of the founders own it? Or, is the startup using IP that is owned by some entity or person outside of the startup? You need to flush this issue out completely before joining a startup. And, if one of the co-founders created the IP are they going to assign it to the startup? Why would anyone join a startup if one of the co-founders refused to assign their IP to the company?


6. Make Sure That The Startup Has Created a Budget With Financial Projections


If the startup you are thinking about joining has not put together a budget which includes financial projections for costs, revenues, expenses and capital expenditures and for lack of a better word is just “winging” it this is probably not the group of individuals you want to trust your future with. No serious investor will ever touch a startup that has not put together a set of financial statements.


7. Board Members and Advisors


Another common issue that Andrew helps startups through is bringing on advisors and board members. And, should startups give equity to board members or advisors. Some startups develop a herd mentality where they believe that the more individuals that are involved in a startup from inception that somehow this will make the company more successful or grow more easily.


Hypothetically, if you start a SaaS business because you see a niche in your industry that is not being served and you have a good track record in business and have a lot of connections who are eager to test your product then you probably don’t need more than one advisor guiding you on how to structure deals in your industry. 


Chances are board members or advisors are not going to be funding your company or opening doors to investors unless your product has gained a lot of traction and the phone is ringing off the hook. Rather, an outside board member or advisor should help your SaaS startup with fine tuning your idea, looking over your sales deck and financial projections, offering constructive criticism on your proposed pitch to investors and helping you structure deals in your industry.


That’s why it is critical to surround your company with board members and advisors who have vast experience in your industry and also know a lot of connected professionals who they can introduce you to when your product is ready to go to market.


With that said, your board members and advisors are not going to do the hard work for you. Rather, they are going to expect you to execute flawlessly on your business plan and get to the point where their help will be beneficial.


The general consensus is that a good advisor, someone who can really help your company get to the next level should get .25% in equity. You might want to consider requiring the advisor to wait for his or her stock to vest over time so that if they decide to stop advising your company or offer no help whatsoever they don’t get their stock.


8. Independent Contractors


Startups also make the mistake of doing deals early on with professionals they know who are consultants in their industry. Hypothetically, the founder of a SaaS startup that has created an application for managing software code has a colleague who sells SaaS applications as a consultant and owns his or her own business. The consultant tells the founder that every week he or she speaks with companies that might have an interest in using the startup’s product and that if he or she makes an introduction to the startup to any companies that ultimately sign a contract with the startup that the consultant will get a percentage of the startup’s revenues.


If you do such a deal you need to structure the contractor’s agreement very carefully. You need to make sure that you have calculated the costs your company will incur with the new customer before you can figure out how much the independent contractor’s commission will be.


9. How To Deal With Investors


There are really two types of investors for early stage startups. There is the inexperienced investor albeit who has a lot of money but very little experience in the way of investing in a startup. Then there is the experienced investor who properly evaluates companies to determine if they are worth investing in. And, this individual typically has connections to introduce you to for making possible business deals.


What are the pros and cons of an inexperienced investor? An inexperienced investor is good if you need money and there is no other source of funding. The con is that an inexperienced investor will not likely negotiate a deal with your startup that makes any sense going forward financially or for operations and business development purposes.

What does this mean? It means that an inexperienced investor will demand terms that will hinder your startup from attracting future investment dollars. They might only own 15% of the company but they will want final decision making authority on bringing on new members, whether to enter into a customer deal or not or whether to sell the company or not. And, they will likely demand preferred stock so if there is another capital financing round the investor would buy additional shares in the company at a discount. This will not go over well with future investors. Combine all of this with the fact that an inexperienced investor will likely not be able to open any doors for your company.


Contrast this with an experienced investor who will not want to put any terms in his or her stock agreement that could hurt the company or prevent it from attracting investors or being sold. And, if the investor is in your industry they will be able to connect you with other professionals who might be interested in using your company’s product.


10. Lack of Resources   


Another issue that an entrepreneur needs to prepare for when joining a startup is the sheer lack of resources. If you are coming from a job at a large company you are use to having tons of resources at your deposal such as IT, web development, a tech department, a marketing team, and HR or simply other employees to help out with on projects.

This is not the same story in a startup. Startups simply don’t have the funds to pay for things that you would otherwise take for granted working in a large company. There are tasks that you might have to perform in a startup that you would likely never have to do when employed by a large company. 


11. Financial Uncertainty  

 

If you’re going to work for a startup no matter how well its doing at the time you join you have to be prepared that something could occur to cause financial uncertainty such as the investors pulling the plug or slowing sales of your software product or the loss of a major customer. When you join you will be a line item on a budget as every penny is counted. There is the possibility that other areas of the startup will be doing better than your underperforming area and that could cause you to lose your job.


12. No Standard Salary or Benefits  


Although no one has job security there is this feeling when you are getting a steady paycheck working for a large company that you don’t have financial uncertainty. That’s not the way it is in most startups. Most people who leave their day jobs to join a startup don’t receive a salary or benefits. Or, they start getting a salary and something happens which causes the startup to have to divert funds from salaries to let’s say the need to fix a major repair in the company’s software product.


13. Lack of Structure  


Both new college graduates and individuals who work for large companies are use to an environment that is structured. Your goals are clear and there is plenty of supervision by professors or in your job with supervisors and bosses. Contrast this with a startup where goals can change weekly and supervision is almost non-existent sometimes. This can be difficult for young people to handle as they need feedback and attention and could find it hard to adjust when there is no measure for success. Sometimes the working environment in a startup is in disarray.


14. Pressure To Work All The Time


There is no break when you work at a startup. Especially in the early stages when you are trying to finish development of your product and hone your marketing and sales strategies. If you are coming from a standard workplace with vacations, holidays, sick days, etc. you might have a hard time adjusting to the pace. Some weeks you might work 80 hours and then other weeks might be slow but you will still feel the pressure to work and get something done. Or, if your development team is offshore you might have to do a conference call at two or three in the morning.


This type of working environment can take a toll on a family with children. Often times, the parent who is in the startup is not home for dinner or bed time. Or, they are enjoying a family moment let’s say at a basketball game and have to spend an hour in the hallway putting out a fire on the phone with his or her partners.


15. Joining a Startup is a Financial Risk


Most individuals when they join a startup leave a decent paying day job behind. Most individuals don't sit down and take the proper amount of time to think about the financial risks and challenges that present themselves in a startup company. You need to think about the fact that you are leaving a salaried job to start or join a company that might not offer a salary or benefits in the first year until you get funding. How are you going to support yourself or perhaps your family financially? Are you going to have to exhaust savings or retirement accounts just to survive financially?  Are you going to have to take out a home equity loan or mortgage your home just to pay the bills? Putting your family life aside and the financial risks associated with making no money in a startup what if your new company needs capital funding and you have to contribute monies just to keep it going? 


What about the emotional toll losing that paycheck every two weeks will cause on you, your wife/husband or your family when you quit your job to join a startup? For everyone else that has a two-person income household that you know life goes on; people get new cars; they go away on vacation and your kids see other families doing things that you don't have the money to do.


The question that you have to ask yourself is whether or not the financial risks are worth the reward at the end of the day and are you financially prepared to take on this risk?


16. Who is Leaving Their Day Job?


When you are meeting with potential co-founders of a startup who have already started the new company and want you to join one of the most important questions you need to ask these people is how many of them are working for the startup full-time and have left their day jobs. Why is this important? It’s important because common sense would dictate that individuals would not leave salaried day jobs to create a startup if they have not also analyzed the risks in doing so. While this should not be the determinative factor for you in making a decision whether or not to join the startup it's a good starting point.


If founders are collectively staying in their day jobs while trying to create or launch a startup it will take longer to develop a product, build a team, raise money and get the product out to market. 


While the financial risks are minimized when you stay in your day job and create and build the startup at night or on weekends there are also negatives to doing it this way. It will likely be harder for your startup to attract investment monies because the founders are not all in. 


Investors want to see that entrepreneurs are working full-time for the startup and sharing in the risk of the company with the investor. When entrepreneurs stay in their day jobs and try to build a startup at the same time the signal that could be sent to investors is that the founders are not fully prepared to take all of the risks associated with running a startup full time.


One of the difficult things about building a startup when still in your day job is how do you schedule meetings with potential customers and partners when you need to be working full-time during the day for someone else? This is a huge challenge.  It could take twice the amount of time to get your start up off the ground and build and create the product because you can't take the time during the day to attend meetings and do phone conferences.


17. Look For Entrepreneurs With Past Startup Experience


One factor that should weigh in on your decision whether or not to join the startup is if any of the co-founders have any past startup experience. The next question should be is whether or not any co-founders have startup experience in the industry or vertical that the startup is trying to build a product for.


Why is past startup experience so important? It’s important because building a startup is so much more than creating and developing a product. In some sense operating a startup is no different than running any other business. You need to work off of a budget and financial projections and there's also operations. How do you hire and manage people? How do you scale the business? How do you project costs, expenses and revenues?  How do you market and sell your product to potential customers? These are all things that an entrepreneur if he or she has had past startup experience will likely not have to learn again how to do. Rather, these entrepreneurs have gone through the learning curve in a past startup and can concentrate more on building a really good product and not the nuts and bolts of how to build the operational and business sides of a startup.


Another reason why you should look for entrepreneurs who have had past startup experience is simply the fact that they have a track record in being in startup. Be careful though because if they experienced failure in a past startup that might be a determinative factor in whether or not an investor provides funding for your startup.

If an entrepreneur has had a successful exit in a startup and is a well-known commodity to investors and this person has also created a product that potentially adds value in the marketplace it will likely be easier to attract investment dollars and also be easier to build and scale your startup.


18. Get Your Agreement With The Startup in Writing


It is unbelievable how many startup entrepreneurs get into business with one another and don't take the time to hire a lawyer to create proper agreements to memorialize the deal amongst them. Why would anyone quit their day job to join a startup not have piece of paper same for all of the parties rights duties and obligations who created the new business? Why would you leave a steady job to join startup did not get something in black and white that says how many shares of stock in the new company that you own?


19. Is Your Idea of the Startup’s Culture The Same as The Other Co-Founders?


You might agree on the type of product you want to build and what type of customers you want to market to but if you can’t agree on what type of culture should exist within the company you are going to have a tough time building a company with these people.


Perhaps the other co-founders want to donate let’s say 10 percent of profits to a certain charity and you don’t. Maybe they want to help other startups get launched and will devote certain resources such as development teams toward that endeavor and you don’t agree with this.


20. Are You Building Your Product For a Certain Customer, Vertical or Industry?


Anyone who has built and scaled a startup knows just how difficult it is to survive the first year let alone successfully launch a marketing and sales campaign. It’s important when building your product that you focus on a certain industry or vertical and build a product that best suits the needs of those types of customers. You might be successful trying to sell your product into every type of industry but it will take away from your focus in trying to win those 5 to 10 first customers.


21. Get a Mission Statement Down On Paper As Early as Possible


It is really important that your startup create a mission statement about your company’s ideals and values that you believe in and practice every day. Every employee should buy into your mission statement.


22. Your Product Must Offer Value And Solve For a Problem


Unless you have created the next Google or Facebook chances are you have created something that already exists. Too many startups believe that they have created the next big thing instead of focusing on what problems if any does their product solve for and does the product offer value to potential customers. Chances are you are going to be pitching your product to customers who are already using a similar product so you are going to have to create something that solves for a problem that the other products don’t solve for.


23. You Need To Figure Out What Your Costs Are Going To Be Before You Invest Thousands of Hours and Money in Building Your Product


Do yourself a favor and figure out what costs your company is going to incur in hosting, maintaining and serving your product. Here’s the problem: You might have created the best product but if the market dictates that you can only charge a certain amount monthly for the product and your costs incurred to serve, maintain and host the product don’t allow for much profit then does it make sense to build the product?


Not only does Andrew draft and negotiate SaaS enterprise agreements he also has vast experience in marketing and selling SaaS software to enterprise customers. While scaling his SaaS business Andrew spent many hours marketing his company’s software application to large scale companies. One of the most important things that Andrew learned was that there is no amount of technology that was going to replace a good old fashioned follow up call. Not even an email can replace the visceral effect that a phone call has on someone. 


While follow up emails are great to confirm information if you want to close a deal or get a yes or no answer you need to pick up the phone and call the prospective client. If you are trying to close the deal you could wait a week or two to get a response from an email. Plus, getting the customer on the phone you can gauge their temperature for how much they like your company’s product or not.


It is also important in the early stage of marketing and selling your SaaS product to enterprise customers to keep it simple. Not only should your pitch be simple and right to the point your product should not in the early stages have too many features or bells and whistles. Enterprise customers are looking for simple solutions to complex problems that hinder their sales, growth of the company or employee productivity. Even if your product solves for a problem that they need solving an enterprise company will not touch your product if it has too many features that they don’t need or it is too time consuming or difficult for its employees to grasp or use. Just because you believe that all of the features that you have built into your SaaS product are fantastic and useful does not translate into an enterprise customer buying into the same thing or using any of the features. Keep it simple; if an enterprise customer likes your product because it solves their problem then chances are they will sign a contract and you will have the money to build the features they might desire down the road.


It is also very important during the marketing phase of your product that you ask the potential customer if you can go on site and demonstrate to them how easy and effective your product is to use. There is no substitute for a potential customer taking a live test drive of your software. This way not only is the customer playing with your software and feeling it out you are present to answer any questions they might have.


It’s also a good idea to let the customer and their developers play around with your software on the back end so they can see whether or not integration with their platform will be easy or not and how much work it will require to sync. Just make sure that the customer signs an NDA and you give them a deadline for testing your software let’s say thirty days. If they have not gotten around to testing your software within 30 days of being given access to it chances are they will not become a customer.


If your company is about to negotiate an enterprise SaaS contract for the first time you are quite an experience. You are probably use to dealing with small companies who don’t typically spend a lot of time requesting changes to your agreement probably because they don’t have a huge legal budget. With smaller customers you generally can get away with offering no warranties and limited liability on your company’s part. It’s not going to be this way when you negotiate a SaaS agreement with an enterprise customer. They are going to want your company to assume a substantial amount of liability and offer more robust warranties. Plus, be prepared to obtain a serious amount of commercial liability insurance. Without the proper insurance coverages you are going to have a tough time getting enterprise companies to sign contracts. 

It’s also important that the customer in the contract negotiations phase has access to your development team so if they any integration questions they can be easily answered. It would be great if both companies’ development teams had a dialogue and were cooperating with one another. This would make the contracts negotiations process go more smoothly.


You need to also be aware that during the contracts negotiations phases it is possible that the enterprise customer will require customization work be done to your SaaS product. And, they might want you to eat the development costs. There are two issues here. The first is that you can use the customization work to your advantage and agree to pay for the work with your developers in exchange for the customer agreeing to a long term deal let’s say two years. 


The second issue here is the ownership of the intellectual property that will be created when you customize your software for the customer. If it’s not spelled out in the contract that your company owns all of the intellectual property associated with all versions of your software created you can be sure that the customer will claim ownership of the customized work at some point in time perhaps when the agreement ends or is terminated. You need to draw a line in the sand and tell the customer that your company owns all versions created of your software.


Another issue that you will likely be negotiating with a SaaS enterprise customer is protection of the customer’s data and sensitive information. A customer is trusting that the SaaS vendor will maintain and protect its data so that it does not fall into the hands of a criminal or become the subject of a cyberattack or data breach.


Too many SaaS vendors take for granted that the third party cloud managed services provider that maintains, hosts and serves its SaaS product will fully protect the customer’s data. This is partly true. If a SaaS vendor outsources the hosting and serving of its application with a well-known, ubiquitous cloud managed services company there is the indicia that it will utilize the best data security protection measures. With that said, the enterprise customer is going to want to make sure that the SaaS vendor is taking all required steps and measures internally to protect its data. One such measure is restricting access to the customer’s data to a certain number of the vendor’s employees. Or, hosting the application in multiple regions so that if the servers go down in one region there is the likelihood that the data will be in tact in another region that is hosting and serving the data.


There is also the possibility that an enterprise customer will require as part of the contract that the SaaS vendor undergo and pay for a security assessment by a certified vendor who will determine whether or not the vendor is taking the appropriate steps and measures to protect data.


You should also be prepared to negotiate with the enterprise customer how it is going to access its data in the event the agreement ends or is terminated. It is a good idea to negotiate this issue before the contract is signed. This way the parties can agree upon what format the data is going to be exported in.


Another area in the contract that you can expect an enterprise customer to negotiate heavily is indemnification. The customer is going to want reassurances that if a third party comes along and sues the customer claiming that it owns the intellectual property underlying the SaaS product that the SaaS vendor is going to indemnify and hold harmless the customer. Amongst other things, SaaS vendors should want an indemnification from customers in the event they abuse or misuse the vendor’s application.


Andrew also provides legal advice to US based SaaS vendors and providers who are either doing business in Europe or have servers hosting and maintaining the personal data of EU residents in that region. Andrew assists clients with becoming familiar with and learning about the EU’s General Data Protection Regulation Law (GDPR) and how to be in compliance with the law when gathering, maintaining, serving and storing personal data of EU residents. While SaaS vendors might be aware that the requirements in the EU that are imposed on SaaS vendors that deal with EU resident personal data are tougher than the laws in the US until they jump in and fully immerse themselves about the GDPR they have no idea how much work it will take internally for the SaaS vendor to comply with EU law. 


Vendors based in the US that are doing business in Europe must have a Data Processing Agreement (DPA) in place which should set forth the vendor’s obligations under the GDPR. SaaS vendors based in the USA need to be aware that coming into compliance with the GDPR will be a time consuming, costly exercise.


One of the requirements in the GDPR is that the vendor is not permitted to subcontract any of its processing operations performed on behalf of customers under the GDPR without the prior written consent of the customer. A vendor can only subcontract its obligations by way of a written agreement with the sub processor which imposes the same obligations on the sub processor as are imposed on the SaaS vendor. Where the sub processor fails to fulfill its data protection obligations under such written agreement the vendor shall remain fully liable to the customer for the performance of the sub processor’s obligations under such agreement.


Another area of SaaS that Andrew assists clients with is Hardware Enabled Software as a Service (HESaaS). This way of utilizing a SaaS Service is done by means of a hardware Internet of Things (IoT) device which transmits data from anything that can emit data directly to the SaaS Service via the web. In structuring SaaS Agreements Andrew drafts language governing the customer’s access and use of both the SaaS service and the hardware Internet of Things (IoT) device.


Andrew also assists clients with incorporating e-commerce websites with SaaS applications which provide real time data on exact product and pricing requirements helping customers to purchase the exact products they need for the best prices. For example, what if there was an e-commerce website and all of the data was supplied in real time by vendors who sold their products on the website. And, let’s say customers were able through a SaaS application to hook into the website by means of an API and search for the exact products or things they needed for their businesses. Andrew represents these types of cutting edge companies that are re-inventing the way companies do e-commerce.

  

Please reach out to Andrew to schedule a free consultation at 201-446-9643.


Or, you can email Andrew at: andrew@saascontractsattorney.com

  

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Subscription Agreements

The first step is for Andrew to work with you and come up with a plan to get the results you need so that you get the best possible SaaS Subscription Agreement drafted. Through Andrew's understanding of the law and your understanding of the circumstances, Andrew will craft a path for your company's success.


It is important that Andrew learns where your company is in terms of the type of customers that are using your SaaS product, service, application or platform. Are you marketing toward enterprise customers who demand that the SaaS vendor take on more liability and offer more warranties then let's say a less mature company would require?


Whatever your SaaS legal needs are Andrew can craft a legal solution to get your company where it needs to be.

  

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End User License Agreements (EULA)

SaaS Lawyer Andrew S Bosin LLC drafts, reviews and negotiates software and cloud end user license agreements, software licensing agreements and cloud computing agreements for vendors, startups, developers, licensees, entrepreneurs, end-users and enterprise companies.


Whether you are a SaaS, IoT, software, cloud or Blockchain vendor or developer Andrew can develop a winning strategy for effectively drafting, reviewing and negotiating just about every type of Subscription Agreement, Master Service Agreement, Reseller Agreement, Cloud Computing Agreement and templates for companies engaged in software deals and transactions located all across the United States. 


andrew@saascontractsattorney.com

  

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Learn More About Andrew's Services

SaaS Contracts Attorney

SaaS Lawyer Andrew S Bosin LLC represents vendors, startups, entrepreneurs and licensees across USA.

SaaS Contracts Attorney Representing Clients In All Fifty States

SaaS Contracts Attorney Andrew S Bosin LLC drafts and negotiates SaaS Subscription, EULA, Reseller and Master Services Agreements (MSA) for startups, vendors, customers, licensees, enterprise companies, developers and end-users in all fifty states.


Andrew charges low cost, fixed rate legal fees packages. Please call Andrew for a free consultation at 201-446-9643.

 

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Law Firm Negotiating SaaS Enterprise Agreements

Law Firm Negotiating SaaS Enterprise Agreements Andrew S Bosin LLC represents vendors and enterprise level companies in contracts negotiations.

  

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Software as a Service SaaS Agreements Lawyer

Software as a Service SaaS Agreements Lawyer Andrew S Bosin LLC works with both startups and mature companies in drafting, structuring, reviewing and negotiating Subscription Agreements, Master Services Agreements, Customer Agreements and End User License Agreements (EULA).

  
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SaaS Contracts Blog

SaaS Startup Legal Services

SaaS Attorney Andrew S Bosin LLC represents vendors, startups and entrepreneurs in all fifty states.

SaaS Startup Attorney Andrew S Bosin LLC specializes in representing SaaS startups and offers affordable, low cost, flat rate fixed legal fees startup packages for entrepreneurs, founders, developers and vendors which includes Delaware C Corporation bylaws, action in lieu of first board meeting, founders stock agreements, IP and invention assignment agreements and IRS 83(b)(6) filing document.

SaaS Startup Lawyer Andrew S Bosin LLC understands from both providing legal advice to SaaS startups and building and scaling his own SaaS company with partners how critical and important it is to implement a sound legal strategy and to put in place effective agreements at every stage in the life cycle of a SaaS company to minimize legal risks and liabilities and to protect confidential information and intellectual property.


Andrew speaks to SaaS startups every week. The majority of these entrepreneurs understand the value in retaining Andrew’s legal services. 


However, some startups go to those DIY sites or hire lawyers that charge $500 to review and negotiate complicated SaaS Agreements. When you go cheap with legal services you run the risk of getting stuck in an agreement that does not protect your rights or minimize the risks and liabilities of hosting, serving and maintaining customer confidential information and personal data.


Andrew represents SaaS startups in all fifty states.


Please call SaaS Lawyer Andrew S Bosin LLC for a free legal consultation at 201-446-9643.


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andrew@saasattorneys.com

  

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SaaS Startup Legal Services offered by SaaS Attorney Andrew S Bosin LLC who helps startups.

What To Know Before Joining a SaaS Startup

For five years while he was providing legal advice to SaaS and software companies Andrew was also the owner of a SaaS company that he built and scaled with his partners culminating in being awarded a patent for the company’s application. Andrew brings a unique perspective to counseling SaaS, software and cloud startups as he has been personally involved in every aspect of building and growing a SaaS business from incorporation and getting the legal structure right to drafting founders stock purchase agreements, investor agreements, the software application development process, closing capital financing rounds, the marketing and sales process and closing deals.

  

Risk and More Risk
 

Even if the startup you are going to join as a founder or employee has adequate funding and is run by well-known commodities it is likely more riskier than staying in your day job. Startups both run out of funding and lose valuable customers and both things can cause a startup to fail. While the romance of being in a startup lures many to take this risk if you have a wife, husband or kids you need to heavily weigh whether or not you are willing financially to risk leaving a steady paycheck to join a startup.
 

There is no shame in asking tough questions of the people who are running the startup you are thinking about joining. Remember, the startup is probably not a public company so information about the financial health of the company is going to be tough to find. Don’t be bashful; ask the startup about their cash burn rate and how much cash they have left. You should also ask them about whether or not they are in capital raise mode. You also want to know if the company is heavily dependent on one or two customers. If it is and they lose one of these customers it is likely that the startup is going to fail.
 

I would also want to know if the area of the startup you are going to join is earning revenues and where it stands as compared to the other areas of the startup.
 

Managing The Risk of Joining a Startup Means Getting Your Financial House in Order
 

While no job guarantees that you will not be fired there is a lot of comfort knowing you are getting a steady paycheck every two weeks. The same cannot be said for joining or working for a startup. A lot of people join startups that have no revenues thus no ability to pay salaries only the promise of paying something when and if they make money.
 

How does someone with a family and bills to pay leave a steady job to join a startup with financial uncertainty?  For most, it’s not in the cards. For some, they tap or exhaust savings or 401 k accounts just to survive financially. This is a huge decision. Making the wrong move could destroy you or your family financially and it might be hard to recover.


Building a Recipe


Two things that SaaS startup founders need to have are time and patience. Entrepreneurs who have never been in a startup don’t really know what to expect in terms of just how much time you need to put in just to have a chance at being successful. Being in a startup also requires patience. Typically, in the beginning things move slowly. You are looking for money, developers and ultimately clients and all of these things take a lot of time.


You have to look at being in a SaaS startup like something analogous to creating a recipe that has never been written before. You can sit around in a room with your partners and make drawing and write on boards and come up with great ideas but until you put pen to paper and actually create or build something you will never know what you have. That’s why it’s important to define roles early on and only go into business with other people if they are going to add immediate value to your company. You can never be certain of success but if each person in the startup stays in their lane and performs their job functions for sure the company will run more smoothly than let’s say everyone coloring outside of their lines and trying to do everyone else’s job. Defining roles also helps in terms of creating a business plan and raising money. A serious investor is going to want to see a well written business plan with each founder having a defined role. 


Issuing Stock To Co-Founders


One of the biggest struggles for startups is how much stock to issue to each co-founder. Andrew believes that the individuals who are contributing the most or are sacrificing the most in the early phases of the company should get more equity than others who are not putting in as  much time or contributing as much in capital. For example, if a co-founder leaves his day job and now has no salary why shouldn’t he or she get considerably more stock than the other two co-founders who have chosen to remain in their day jobs. Or, how about the co-founder who is also the developer and without their building the product your company would not exist. This person should get more stock than anyone else with the exception of the founder who is putting in the most amount of money. The funny thing is that VC’s don’t care who has the most stock they only care how much stock has been issued, to whom, how much stock remains and do any other investors have preferential rights to purchase more stock. At the end of the day the last thing you want to have happen is for the co-founder who is the developer to get disgusted and quit because one or two other co-founders let their egos get in the way of demanding as much equity as the developer. 


Building Your  Product


Another challenging area for SaaS startups is getting their product or application built and then having the capital to maintain, upgrade or repair what they have created. It’s a fact that 90% of startups fail. A big part of this failure is lack of money. Most startups that start with little to no money have no idea how much funding it will really take to get their SaaS product built and maintained over the next few years. This is especially true if you intend to sell your product to the enterprise which typically requires a lot of work done before they go live with your product.


SaaS startups need to realize the value of bringing on an individual who has the skill set to build the software you need and to reward this person with a sufficient amount of equity. SaaS startups fail to realize that to build a truly robust enterprise ready SaaS application could cost them several hundred thousand dollars to build with a software development company. But, bringing on a developer who would do it for equity albeit it might take longer to complete is something to seriously consider. 


Creating a Budget and Financial Projections


You will never raise money from a seasoned investor or VC if you don’t have a really well done sales deck, budget and financial projections with the latter two things having the ability to be revised on a moment’s notice if certain business conditions change.  What does this mean? It means that you need to create digital documents that track and project monthly costs, expenses and capital expenditures. This also need to tie into revenue projections. If you’re sitting in a meeting with an investor and they ask you three quarters out what your earnings are going to look like you need to be able to ascertain the answer within seconds because you will have inputted this information into your sales projections. You also need to tell the investor if they ask if certain expenses or capital expenditures will affect earnings in a certain quarter. An example of a capital expenditure is if you know that at a certain point in time you will need to allocate monies to build a new feature into your software or do an upgrade.


The SaaS Marketing and Sales Processes


Selling SaaS software is not like anything you will have ever experienced. When you sell traditional software installed locally on a customer’s network there is virtually little to no services offered by the vendor. Contrast this with SaaS which by its very nature is a Services Agreement. Right from the start before going live with your product an enterprise customer is going to want changes to be made to the software. 

How do you sell software to Enterprise SaaS customers? The trap that startups fall into is pretty simple. They believe that their friends, colleagues and people they become friends with on social networks who work at large companies will use their product. So they make a list of several hundred people and start to make phone calls and send emails. Usually, after a few months they have done a few demos, sent some sales decks and perhaps met a few people in person. But, at the end of the day they don’t really have a lot to show for their efforts. Why is that?


The reason that the SaaS sales process is so tricky to crack is because enterprise customers are looking for a specific product that fills a certain need. And, you need to identify who these individuals are that work for these prospective customers you are trying to pitch. Just because your friend from college works at the company you want to get your product into does not translate into making a sale or getting your foot in the door. This person might even be in the very section or department of the company you are trying to sell to but if they are not the “person” who makes the decision whether or not to use your product they might as well work for another company.

  

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SaaS Lawyer Andrew S Bosin LLC drafts and negotiates software and cloud enterprise agreements.

What To Know Before Selling SaaS To The Enterprise

It doesn’t matter what line of work you have been in or for that matter what you sold successfully to customers or clients. There is no type of work experience that can prepare you for selling SaaS products and applications to enterprise customers. Part of this is due to the fact that the SaaS sales cycle is different from that of traditional software. Part of it is also due to the fact that selling enterprise SaaS products is a grind because of the “Services” part of the Agreement and all that entails.


If you think that you are going to go through all of your contacts or Linkedin or Facebook connections and drum up SaaS enterprise clients you will likely not. If you think your former colleagues at the Fortune 500 company you worked for are going to go out on a limb and make an intro for you to the person that makes the decisions to purchase SaaS software you need to think again and go back to the drawing board. For starters, your colleague is not going to risk his job to help you sell your product to his company and if something goes wrong he or she gets fired;, that’s not going to happen. And, until you do a little digging you really don’t know who the actual decision maker is at your colleague’s company who makes the software buying decisions.


So how can you start the SaaS enterprise software sales and marketing process? Simply put, you need to identify the individuals who work for your prospective customer who make the decisions whether or not to use your SaaS product. When Andrew was engaged in selling and marketing his SaaS company’s application to enterprise customers and connected with what he thought was that decision maker on Linkedin sometimes that person was not the decision maker and could not point Andrew even in the right direction. Because SaaS companies can only survive and raise additional monies by getting reoccurring contracts it is critical for the survival of your company that you identify those individuals that can help your SaaS company get its foot in the door.


Now that you have your foot in the door how can you translate that marketing pitch into a signed contract. Not so fast. There are many hurdles that you will have to jump over to get an enterprise customer to sign a contract. For starters. Even if you are represented by an attorney most enterprise companies will insist that you work off of their contract, which is long and full of clauses that are not favorable to SaaS vendors.


Before entering into SaaS contracts negotiations you need to discuss internally all of the step, measures and plans you have or need to put in place to address data security. An enterprise company is not going to use your SaaS product unless it is confident that its data and confidential information is going to be protected. Next, good luck getting an enterprise customer to sign a contract unless you have purchased a robust commercial insurance policy which includes coverage for errors and omissions, cyber theft and business losses amongst other things.


Next, for certain the enterprise customer is going to want you to pay for and do all of the changes that it will be demanding to the front and back end of your SaaS product to make it fit better with their products or corporate strategy. This might include the ability for single sign on. If you company is in the early stages with limited fund this contract could make or break your company. If you use an outside developer to do all of this work for you you might have difficulty paying for all the development work demanded by the customer. One of the things you can do is in exchange for eating the cost of the development work is to try to get the customer to agree in a contract to use your SaaS product for two years. Serious investors like to see long term contracts with enterprise customers when you are seeking additional capital.


Lastly, getting the best implementation and integration of your SaaS product with the enterprise customer will pay dividends in the long run. Make sure you devote a sufficient amount of resources so that the customer and its employees understand how to use your SaaS product and use it correctly. You want the customer’s employees to be happy with your product and comfortable using it.

  

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Software Licensing Attorney Helping Clients Across The USA

SaaS Contracts Attorney Andrew S Bosin LLC helps startups, vendors and entrepreneurs with contracts.

Software Licensing Attorney Andrew S Bosin LLC offers experienced legal advice and services all across the USA in all fifty states to SaaS, cloud and software vendors, startups, developers, customers, end-users, licensees, entrepreneurs and enterprise companies. Andrew also drafts End User License Agreements, Reseller and Subscription Agreements.

Software Licensing Attorney Andrew S Bosin LLC is available for free consultations at 201-446-9643.


andrew@saascontractsattorney.com


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Software Licensing Agreement Lawyer Andrew S Bosin LLC represents software and SaaS companies.

Software Licensing Agreement Lawyer

Software Licensing Agreement Lawyer Andrew S Bosin LLC based in New Jersey just outside of New York City drafts and negotiates Software Licensing Agreements, End User License Agreements (EULA), Subscription Agreements, Master Services Agreements and Reseller Agreements.


Andrew represents SaaS, software and cloud vendors, startups, developers and customers in all fifty states.

  

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Software Contracts Law Firm Andrew S Bosin LLC represents SaaS and cloud vendors and startups.

Software Contracts Law Firm

Software Contracts Law Firm Andrew S Bosin LLC helps software, cloud and SaaS companies, vendors, startups, entrepreneurs, customers, end-users, licensees and enterprise companies all across the USA.


Andrew drafts and negotiates SaaS, software and cloud licensing agreements, end user license agreements (EULA), Subscription, Master Service, Cloud Computing and Reseller Agreements.

  

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SaaS Startup Legal Services and Advice

SaaS Startup Lawyer Andrew S Bosin LLC specializes in representing SaaS startups and provides affordable, low cost, flat rate fixed legal fees startup packages for founders, developers and vendors which includes drafting Delaware C Corporation bylaws, action in lieu of first board meeting, founders stock agreements and IP and invention assignment agreements.


Andrew helps SaaS startups in all fifty states.


Please contact  Andrew  at 201-446-9643.


https://saasattorneys.com

andrew@saasattorneys.com

Need Website Legal Agreements Drafted For a SaaS Website

SaaS Lawyer Andrew S Bosin LLC represents vendors, entrepreneurs and startups all across the USA.

SaaS Lawyer drafting website legal agreements Andrew S Bosin LLC helps clients implement terms and conditions, terms of use, terms of service and privacy policy agreements and also End User License Agreements (EULA).

Andrew represents SaaS, cloud & software vendors, startups, providers and enterprise companies all across the United States.


Please contact SaaS Website Legal Agreements Lawyer Andrew S Bosin LLC for a free consultation at 201-446-9643.


andrew@saasattorneys.com

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SaaS Attorney Andrew S Bosin LLC drafts website terms and conditions and privacy policy agreements.

Website Legal Agreements

SaaS Attorney Andrew S Bosin LLC drafts website legal agreements including privacy policies, terms of service, terms and conditions and terms of use agreements.

SaaS Reseller Agreement Attorney Andrew S Bosin LLC drafts Reseller Agreements for resellers.

SaaS Reseller Agreements

SaaS Attorney Andrew S Bosin LLC drafts and negotiates Reseller, Channel and Partner Agreements for vendors and resellers.

  

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Experienced SaaS Contracts Attorney

SaaS Contracts Attorney Andrew S Bosin LLC helps software and cloud vendors and startups.

Experienced SaaS Contracts Attorney Andrew S Bosin LLC located in New Jersey just outside of New York City drafts and negotiates Software-as-a-service (SaaS), platform-as-a-service (PaaS), and infrastructure-as-a-service (IaaS) contracts and licensing agreements, Subscription Agreements, Reseller Agreements, Master Services Agreements, Business Associate Agreements (BAA), Software Licensing Agreements, SLAs and Cloud Computing Agreements for startups, vendors, developers, customers, licensees, software companies and enterprise businesses.

  

Please call Andrew for a free SaaS legal consultation at 201-446-9643.


andrew@saascontractsattorney.com


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SaaS Legal Issues and questions answered by SaaS Lawyer Andrew S Bosin LLC.

SaaS Legal Issues

SaaS Attorney Andrew S Bosin LLC offers experienced legal advice and services to help with any SaaS Legal issues including drafting and negotiating contracts and licensing agreements.


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SaaS Healthcare Health Tech Attorney Andrew S Bosin LLC drafts Business Associate Agreements.

SaaS Healthcare Contracts and Agreements

SaaS Lawyer Andrew S Bosin LLC drafts and negotiates SaaS Healthcare and Health Tech software technology and licensing agreements for startups, vendors, customers, medical practices and hospitals.


Andrew drafts and negotiates Business Associate Agreements (BAA) and contracts for compliance with HIPAA.

  

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Leading SaaS Contracts Attorney

SaaS Attorney Andrew S Bosin LLC represents software and cloud startups, vendors and entrepreneurs.

Leading SaaS Contracts Attorney Andrew S Bosin LLC based in New Jersey right near New York City negotiates and drafts Subscription Agreements, Reseller Agreements, Master Services Agreements, Business Associate Agreements (BAA), Software-as-a-service (SaaS), platform-as-a-service (PaaS) and infrastructure-as-a-service (IaaS) agreements, Software Licensing Agreements, Cloud Computing Agreements and SLAs for software companies startups, vendors, developers, customers, licensees and enterprise businesses.

Andrew helps clients located in all fifty states across the USA.


Please reach out to Andrew for a free SaaS legal consultation at 201-446-9643.


andrew@saascontractsattorney.com


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SaaS Law Firm Andrew S Bosin LLC works with clients located all across the United States.

SaaS Law Firm

SaaS Law Firm Andrew S Bosin LLC with offices in New Jersey just outside of New York City helps vendors, customers, startups, developers, end-users and enterprise companies engaged in software, SaaS and cloud business deals and transactions in all fifty states.

  

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Software as a Service SaaS Agreement Lawyer Andrew S Bosin LLC helps startups and vendors.

Software as a Service SaaS Agreements Lawyer

Software as a Service SaaS Agreements Lawyer Andrew S Bosin LLC represents software and cloud entrepreneurs, startups, vendors, licensees, developers, enterprise companies and customers no matter where they are doing business across the United States.


Andrew drafts and negotiates software, SaaS and cloud end user license agreements (EULA), subscription agreements, master services agreements, reseller agreements, cloud computing agreements, software licensing agreements and website legal agreements.

  

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Top Rated SaaS Contracts Attorney

Top rated SaaS Contracts Attorney Andrew S Bosin LLC works with software and cloud vendors.

Top Rated SaaS Contracts Attorney Andrew S Bosin LLC located outside of New York City negotiates and drafts Master Services Agreements, Subscription Agreements, Software Licensing Agreements, Business Associate Agreements (BAA), Software-as-a-service (SaaS), platform-as-a-service (PaaS) and infrastructure-as-a-service (IaaS) agreements, Cloud Computing Agreements, SLAs and Reseller Agreements for startups, software companies, vendors, developers, customers, enterprise businesses and licensees.

Andrew works with software clients and customers located in all fifty states across the USA.


Please contact Andrew for a free initial SaaS legal consultation at 201-446-9643.


andrew@saascontractsattorney.com


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Technology and SaaS Contracts Attorney Andrew S Bosin LLC helps clients all across the USA.

Technology and SaaS Contracts Lawyer

Technology and SaaS Contracts Lawyer Andrew S Bosin LLC provides experienced legal advice and services to software and cloud developers, vendors,  enterprise companies, customers, licensees and end users.


Andrew helps clients in all fifty states.

  

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Software Attorney Andrew S Bosin LLC works with clients located all across the United States.

Software Attorney

Software licensing law firm Andrew S Bosin LLC is dedicated to drafting and negotiating plain English software and SaaS agreements, master services agreements, subscription agreements, end user license agreements, software licensing agreements, reseller agreements, website agreements and cloud computing contracts.

  

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Law Firm That Drafts and Negotiates SaaS Contracts

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Lawyer Negotiating SaaS Contracts and Agreements

SaaS Lawyer Drafting and Negotiating SaaS Contracts and Agreements   

Andrew S Bosin LLC with offices in New Jersey just outside of New York City represents startups, vendors, licensees, enterprise companies, customers, developers and entrepreneurs no matter where you are located or engaged in SaaS business deals and transactions in all fifty states.

  

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SaaS Lawyer Andrew S Bosin LLC drafts and negotiates Subscription Agreements.

SaaS Software Subscription Agreements

SaaS Software Subscription Agreements drafted and negotiated by SaaS Lawyer Andrew S Bosin LLC who provides legal services to clients in all fifty states across the USA.

  

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SaaS Licensing Agreement Lawyer Andrew S Bosin LLC helps clients in all fifty states across the USA.

SaaS Licensing Agreement Attorney

SaaS Licensing Agreement Lawyer Andrew S  Bosin LLC     

drafts and negotiates SaaS Software Subscription Agreements, Master Services Agreements, End User License Agreements (EULA) and Reseller Agreements for clients in all 50 states.


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TOS Terms of Service Lawyer

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SaaS Terms of Service TOS Agreement Lawyer

  TOS Lawyer Andrew S Bosin LLC drafts Terms of Service Agreements for SaaS, software, mobile app and technology startups, vendors, developers and companies in all fifty states across the USA.


Andrew charges low cost, fixed rate legal fees packages.


Please contact Andrew for a free consultation at 201-446-9643.


techlawyernj@gmail.com

  

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Expert SaaS Contracts Legal Advice For Clients Across USA

Expert SaaS Contracts Lawyer Andrew S Bosin LLC helps startups and vendors across the USA.

Expert SaaS Contracts Lawyer Andrew S Bosin LLC helps software and cloud companies and vendors, startups and customers no matter where they are doing business deals and transactions across the United States

Andrew can draft any type of SaaS, software or cloud contract or licensing agreement from Subscription Agreements to End User License Agreements (EULA).


Why do software companies across the USA seek Andrew's legal advice? Its a combination of over 25 years of business law experience and the fact that Andrew built and scaled a SaaS startup with partners resulting in a patent being awarded in 2017.


Please reach out to Andrew at 201-446-9643 to discuss your SaaS contracts legal needs.


andrew@saascontractsattorney.com

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Lawyer Drafting and Negotiating SaaS Agreements

Lawyer Drafting and Negotiating SaaS Agreements Andrew S Bosin LLC represents startups, vendors, customers, developers, licensees and enterprise companies all across the USA.

  

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SaaS Agreement Checklist drafted by SaaS Lawyer Andrew S Bosin LLC who represents software vendors.

SaaS Agreement Checklist

SaaS Agreement Checklist drafted by SaaS Lawyer Andrew S Bosin LLC who represents software and cloud vendors, startups, resellers, entrepreneurs and end-users.

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SaaS Contracts Attorney Andrew S Bosin LLC

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TERMS AND PRIVACY POLICY


Legal Notice & Terms of Service


By using this site, you agree to the following terms and conditions. We may modify these Terms of Use at any time and without notice.


No Attorney-Client Relationship or Legal Advice


This site contains general information about Andrew S Bosin LLC. The reader should not consider information on this site to be an invitation for any attorney-client relationship and should not rely on the information as legal advice for any purpose as it may not reflect current legal developments. No user of this site should act or refrain from acting on the basis of information included on this site without seeking legal advice of counsel in the relevant jurisdiction. Andrew S Bosin LLC expressly disclaims all liability in respect to actions taken or not taken based on any contents of this site. Any communication with the firm through this site is not secure or confidential, and does not create an attorney-client relationship.

Proprietary Rights

This site contains information, text, images, logos and/or other material that is protected by copyrights, trademarks or other proprietary rights. Our name, logo and all related marks are service marks of Andrew S Bosin LLC. They may not be used or displayed without our prior written consent.

Links to Third Party Sites

Any links to other internet sites are provided for your convenience only, and we do not necessarily endorse, nor are we responsible for, the content of any third party site.

Respecting Copyright

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our website any infringing material that we become aware of. And if Andrew S Bosin LLC becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the website infringes a copyright that you own or control, please contact Us:

Andrew S Bosin LLC

Attn: Copyright Agent

Address – 36 Highland Road

Glen Rock, New Jersey 07452

Email: andrew@saascontractsattorney.com

If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • identify the copyrighted work claimed to have been infringed;
  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
  • provide your contact information, including your address, telephone number, and an email address;
  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Disclaimers

We try to keep the website up and running and free of annoyances. But we make no promises that we will succeed.

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE ANDREW S BOSIN LLC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY WEBSITE CONTENT, USER CONTENT, THIRD PARTY CONTENT, MATERIALS OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE TIMELY OR ACCURATE.

ANDREW S BOSIN LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ANDREW S BOSIN LLC WILL BE RESPONSIBLE FOR.

ANDREW S BOSIN LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE WEBSITE OR INFORMATION CONTAINED ON THE WEBSITE INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU THE WEBSITE USER AGREE THAT ANDREW S BOSIN LLC, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OWNERS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF ANDREW S BOSIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) INFORMATION, MATERIALS, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE, (II) FROM THE INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

You acknowledge and agree that without the foregoing exclusions and limitations of liability, Andrew S Bosin LLC would not be able to offer the website, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.

Applicable Law and Forum

These terms will be governed by and construed in accordance with the laws of the State of New Jersey. Any action arising out of or relating to these terms shall be filed only in the courts located in Bergen County, New Jersey, with user's consent and submit to the personal jurisdiction of such courts in any such action.

Any inquiries concerning these Terms of Use should be directed to andrew@saascontractsattorney.com


Privacy Policy


Andrew S Bosin LLC is committed to protecting your privacy. This includes observing relevant legal and regulatory requirements and employing appropriate security measures in order to protect your personal information. 

This Privacy Notice explains how we collect and use your personal information. If you have any questions, please contact us at andrew@saascontractsattorney.com

Personal Information We Collect and Use

For the purposes of this Notice, personal information is defined as any information relating to an identified or identifiable natural person. We may collect personal information from you:

  • When you send us such information, such as when you submit forms on our websites or when you submit questions or requests to us;
  • When you visit any of our websites, as part of general analytics on visitors to such sites (see information on cookies below);
  • When you contact us by any means, as we may keep a record of that correspondence;
  • When you visit our offices or attend our events;
  • During the course of our providing legal advice, representation, or services to you; and
  • When you consent to provide your personal information, we may collect special categories of personal information in connection with registration for and access to our events or affinity groups.

In the course of providing you legal advice, representation, or services, you may provide us personal information about someone else, such as your employees, directors, or business contacts.  It is your responsibility to ensure that you have a legal basis to process such information and transfer it to us and that we may then process and disclose such personal information as described in the Privacy Notice and as part of the legal advice, representation or services we provide you. 

We currently use "cookies" on this website. Cookies are small pieces of information that a website transfers to your computer or internet browser.

Session cookies enable you to move from page to page within our website and any information you enter to be remembered. A session cookie is deleted when you close your browser or after a short time.

Persistent cookies are used in conjunction with Google Analytics a service that provides us with information about how you use our website. This process use cookies to collect anonymous information, including the number of visitors to the website, where they have come to the website from, the pages they visit, and the length of time they have spent on the website. We use this information to compile statistics and to help us to improve our website and the services we offer.  

By using our website without disabling cookies, you consent to our use of cookies as described above.

If you do not want information to be collected through the use of cookies, most Internet browsers allow to decline automatically the transfer of cookies to your computer or to be given the choice of declining or accepting a particular cookie or cookies from a website. Information about procedures to disable cookies can be found on your Internet browser provider's website.

If cookies are disabled, however, some features of the site may not operate as intended.

For more information about cookies, please go to www.allaboutcookies.org.

How We Use Your Personal Information

We may use personal information supplied by you to:

  • Provide you legal advice, representation, or services;
  • Manage our business relationship with you, for example, as part of billing and collection;
  • Respond to your requests;
  • Confirm your identity and allow us to carry out checks in the interest of security and to prevent fraud;
  • Carry out our obligations under any contracts entered into between you and us;
  • Notify you about any changes to our services or our websites;
  • Comply with legal and regulatory requirements that apply to us; or
  • Improve the services that we offer.

From time to time we will contact you to provide you with information on our services or events that we think may be of interest to you. We will not contact you with such marketing communications unless you have consented to such contact or we have a legitimate interest, for example, if our contact relates to services that we have already provided to you. You have the right to ask us not to process your personal information for marketing purposes at any time. You can exercise your right to prevent such processing by:

  • Replying directly to the marketing message;
  • Unsubscribing from marketing messages by clicking the appropriate link in any email you receive; or
  • Contacting: andrew@saascontractsattorney.com
  • We may use or otherwise process your personal information on the grounds of one or more of the following lawful bases for processing:
  • Your consent;
  • For the performance of a contract with you, including for provision of our legal or other services, or to take steps at your request prior to entering into such a contract;
  • To comply with our legal obligations; or
  • Because of our or your legitimate interests in:
    • Providing you legal advice, representation, or services,
    • Ensuring the quality of the services we provide to you, or
    • Communicating with you.

When We Share Your Personal Information

We may share your personal information with others, under the following circumstances:

  • We will provide your personal information to our service providers to allow them to assist us with delivering the legal and other services that you have requested, such as:
    • Accountants,
    • Auditors,
    • Credit reference agencies,
    • Information technology and information security providers,
    • Legal service and technology providers, or
    • Records management providers.
  • We will share personal information with law enforcement agencies, governmental authorities, or regulators where we are under a duty to disclose or share such information in order to comply with any legal or regulatory obligation, or if we reasonably consider that this is necessary to help prevent or detect fraud or other crime or to protect the rights, property, or safety of Andrew S Bosin LLC, our clients, or others; or
  • We will disclose personal information if you have consented to any disclosure to a third party, including as part of our providing you legal advice, representation, or services.

Where We Transfer, Use, and Store Your Personal Information

Transfers to our third party service providers are to enable them to use and store your personal information on our behalf.  We will endeavor to make sure that third party service providers offer your personal information the same level of protection as granted by us in this notice.  We also ensure that, that if your information is transferred to any country outside the EEA, this is done in compliance with relevant data protection legislation. You can request further details by contacting andrew@saascontractsattorney.com

How Long We Keep Your Personal Information

We will keep your personal information only for as long as necessary depending on the purpose for which it was provided.

When determining how long we will keep your personal information, we will take into account various factors, including: 

  • Legal obligations under applicable law to retain data for a certain period of time;
  • Statute of limitations under applicable law(s);
  • Status of ongoing legal engagements;
  • Your withdrawal of consent (where applicable);
  • Potential disputes; and
  • Guidelines issued by relevant supervisory authorities.

How We Protect the Security of Your Personal Information

We have put in place measures to protect the security of your personal information.

These measures are intended to prevent your personal information from being accidentally lost, altered, disclosed, or used or accessed in an unauthorized way. In addition, we limit access to your personal information to only those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Unfortunately, the transmission of information via email is not secure. Therefore, if you use email for communicating with us, we cannot guarantee that it will remain confidential while in transit.

Do Not Track Disclosure

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or at the addresses above.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in compliance with CAN SPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Monitor third party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

Special Rules For Children. 

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

Your Rights

Under certain circumstances, and subject to legal conditions, you may have the right to object to processing of your personal information, to request a copy of the personal information about you which we hold, or to request correction or erasure of such personal information. 

While you will usually not have to pay a fee to exercise these rights, in some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the same information. Alternatively, we may refuse to comply with the request in such circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights.

Please contact us at andrew@saascontractsattorney.com if you wish to exercise any of these rights, if you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your personal information. 

Changes to Our Privacy Notice

We keep our Privacy Notice under regular review. Any future changes will be reflected within an updated version of this "Privacy Notice" and will be available on our website. Where appropriate, we may directly notify you of changes by email.

Contacting Us

It is important that the personal information that we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

If you ever have any questions, comments, or complaints about this notice or any of its contents, please contact us at andrew@saascontractsattorney.com and we will be pleased to assist you.