Technology & SaaS Agreement

Crafting Clear and Protective Tech Contracts for NY Businesses

Technology and SaaS agreements are critical documents for New York businesses offering or using software, platforms, and technology services. Well-drafted SaaS agreements are essential under New York law to manage client expectations, protect your firm’s intellectual property, ensure data security, and reduce liability in the tech sector.

Technology lawyer New York Daniel H. Weberman is an experienced attorney who provides vital legal support to technology businesses like yours.

Why Seek Legal Counsel for Technology & SaaS Agreements in New York?

Technology and SaaS agreement legal counsel is essential because of the complexity of these documents and the many regulations your organization must follow. Attorney Weberman is a skilled business law attorney who will assist your organization by:

Navigating Complex Contractual Issues

Technology and SaaS agreements are complex. They involve many detailed provisions covering licensing, data rights, service levels, and IP. Legal counsel will ensure the terms are clear, enforceable, and customized to your company’s needs. Attorney Weberman can help you avoid expensive misunderstandings and legal disputes regarding intellectual property law, software development, technology transfers, IP licensing, and other critical legal matters.

Ensuring Regulatory Compliance

New York technology companies must comply with many laws, such as the NY SHIELD Act, GDPR, and other data privacy and consumer protection regulations. Daniel’s legal services will ensure your firm’s contracts meet those requirements, which lowers the risk of penalties. Attorney Webreman’s legal counsel will also assist you with implementing reasonable security measures, as state law requires.

Protecting Valuable Intellectual Property

Clear contract terms and language are vital to defining licensing rights, ownership, and restrictions on using platforms, data, and software. Technology lawyers draft strong intellectual property clauses to prevent misuse, clarify rights, and protect your firm’s core assets.

Defining Service Levels and Responsibilities

Service Level Agreements (SLAs) establish uptime, performance, and support expectations. A technology law attorney can draft and negotiate your SLAs so all parties understand what is required. This legal assistance reduces the risk of disputes over downtime or service quality.

Managing Liability and Risk

Attorney Weberman uses contractual clauses, including warranties, disclaimers, limitations of liability, and indemnification provisions, to appropriately allocate your company’s risk. He will negotiate carve-outs for significant issues like data breaches or severe negligence, ensuring your company isn’t exposed to excessive liability.

Resolving Technology-Specific Disputes

Disputes on technology contracts usually involve data breaches, software performance, or service interruptions. A technology law attorney provides clear dispute resolution and arbitration clauses in the client’s contracts, which offer a roadmap for effective and efficient dispute resolution.

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How We Assist with Technology & SaaS Agreements

Your New York corporate attorney plays a key role in helping your technology or SaaS company navigate the legal challenges of your business agreements and contracts. Attorney Weberman can assist your organization with:

Drafting and Negotiating SaaS Agreements

Technology attorneys structure, draft, and negotiate many technology agreements: SaaS contracts, software licensing agreements, service level agreements, terms of use, and more. They ensure technology law agreements are well-written, clear, enforceable, and align with your firm’s business goals.

Developing Platform Terms of Use

Technology attorneys create customized terms of use for your company platform. They set clear rules for your users, which protect your company from liability and ensure compliance with applicable laws.

Structuring Service Level Agreements (SLAs)

Attorney Weberman can design and negotiate your SLAs to define performance metrics, support obligations, uptime, and solutions for service failures, helping your firm manage accountability and expectations.

Creating Software License Agreements

Technology attorneys like Attorney Weberman can draft your software licensing agreements for many models, including subscription, perpetual, enterprise, and more. His work ensures that your software is used as designed and your company’s rights are protected.

Handling Technology Vendor Contracts

Technology attorneys can review and negotiate your contracts with software developers, cloud computing providers, and other tech vendors to obtain favorable terms, reduce risk, and ensure the most reliable service.

Advising on Data Privacy & Security

Technology lawyers also add data processing addendums and ensure your contracts comply with privacy laws, such as GDPR and the NY SHIELD Act. This protects your company from regulatory action and penalties.

Protecting Intellectual Property Rights

Attorney Weberman can draft clauses in your contracts that define intellectual property rights, usage rights, and confidentiality, ensuring the protection of your technology, data, and proprietary software.

Managing Contract Disputes and Enforcement

If legal disputes arise, including breach of contract or IP infringement, the New York law firm can represent clients like you in negotiations, litigation, and enforcement actions to protect your company’s interests.

Key Areas of Technology & SaaS Agreements We Cover

New York corporate attorney Daniel Weberman, focusing on technology and SaaS agreements, offers his clients complete legal support across a range of contract issues and types, such as:

SaaS Subscription Agreements (MSA, Order Forms): Structuring, drafting, and negotiating master service agreements and order forms to clearly define subscription terms, pricing, and service scope
Software License Agreements: Drafting agreements for various licensing models (perpetual, subscription, enterprise), ensuring clarity on usage rights and restrictions
Technology Platform Terms of Use / Terms of Service: Devising enforceable terms that govern user access and platform conduct, protecting the business from liability and clarifying user obligations
Service Level Agreements (SLAs): Defining performance standards, uptime guarantees, and remedies for service failures, helping manage risk and client expectations
Data Processing Addendums (DPAs) and Privacy Compliance: Incorporating DPAs and ensuring contracts comply with privacy laws, protecting data, and minimizing regulatory risk.
Technology Development Agreements: Drafting agreements for software, app, or platform development, clearly defining deliverables, milestones, and IP ownership rights.
Software Maintenance and Support Agreements: Detailing technology support obligations, update schedules, and escalation procedures to ensure ongoing software reliability.
Cloud Services Agreements: Negotiating terms with your cloud providers to address data security, service levels, and vendor responsibilities.
Intellectual Property Ownership and Licensing Clauses: Clearly defining ownership, licensing rights, and confidentiality to protect your proprietary technology and content.
Limitation of Liability, Warranty, and Indemnity Provisions: Including clauses to allocate your firm’s risk, limit damages, and set expectations for warranties and indemnification.
Technology Vendor and Partnership Agreements: Reviewing and negotiating contracts with vendors, partners, and resellers to secure favorable terms and manage risk allocation.
Dispute Resolution for Technology Contracts: Drafting provisions for mediation, arbitration, or litigation to efficiently resolve disputes over performance, breaches, or IP matters.

Our Approach to Supporting Clients

As an experienced technology law firm, Attorney Weberman takes a client-focused and customized approach to his work in this critical space. His law firm will work with your company as follows:

Understanding the Technology/Service

Attorney Weberman starts by clearly understanding your specific technology, service offering, or procurement needs. This process involves assessing your business model, the technical aspects of your product or service, and the industry landscape to ensure Daniel’s legal advice is precisely customized to your business needs.

Identifying Key Risks and Objectives

He will work closely with you to identify the primary legal and business risks associated with your firm’s technology agreements and define your objectives for each transaction or contract. This process includes evaluating your intellectual property, data privacy, liability, and commercial terms to align with your business goals.

Drafting & Negotiating Tailored Agreements

Attorney Weberman will draft and negotiate customized contracts for you, such as SaaS agreements, licensing deals, and terms of service, that reflect your business objectives and protect your interests under New York law. He will ensure that agreements are clear, enforceable, and address the unique risks of your technology or service.

Advising on Compliance Integration

Daniel will ensure your contracts incorporate all necessary regulatory requirements, including data privacy, cybersecurity, and consumer protection laws. His law firm will stay current with evolving regulations to keep your agreements compliant and your business protected.

Ongoing Legal Support

Daniel’s law firm offers ongoing counsel for clients on contract management, including amendments, renewals, and dispute resolution. As your business evolves, he will remain available to advise on new agreements, regulatory changes, and legal challenges, supporting your company’s long-term growth and innovation.

Frequently Asked Questions (FAQ)

How Do I Draft a Legally Enforceable SaaS Agreement in New York?

When drafting a legally enforceable SaaS agreement in New York, your firm should include clear, comprehensive terms that reflect your business model and New York law. Your company should identify parties and properties, license and grant access rights, provide the service description and SLAs, and address data privacy and security. Also, SaaS agreements should state payment terms and clarify IP ownership for software, data, and deliverables.

Can a Lawyer Help Me Create Terms of Use for My NY Technology Platform?

Yes, Attorney Weberman can offer legal guidance for creating a client’s Terms of Use for your tech company or service. Terms of Use are legally binding contracts between your users and the platform. The ToS your attorney drafts will be tailored to your company or platform needs, will include vital clauses for user conduct, permitted uses, IP, and limitation of liability. The ToS will cover warranties, dispute resolution, and compliance with applicable laws, such as COPPA and the Computer Fraud and Abuse Act.

What Are the Legal Requirements for SaaS Contracts in New York?

First, New York law has strict requirements on automatic renewal clauses in SaaS contracts, especially for paid subscriptions. Under NY law, SaaS providers must disclose renewal terms, obtain affirmative consent, and provide a simple cancellation mechanism. Failure to comply can result in significant fines per violation.

Second, SaaS agreements must comply with the New York SHIELD Act, which requires businesses to implement “reasonable” administrative, technical, and physical safeguards to protect New York residents’ private information. The SaaS agreement must assign personnel for data security, perform regular risk assessments, and train employees on security measures.

Third, an enforceable SaaS contract in New York should include:

Defined the scope of services and service levels (SLAs)
Explicit license grant and usage rights
Data ownership and confidentiality provisions
Limitation of liability, indemnification, and warranty disclaimers
Payment, renewal, and termination terms
Governing law (New York) and dispute resolution clauses

Last, your SaaS contracts in New York must have IP protection, stating that the SaaS provider has full ownership rights to the underlying software and IP.

How Can Technology Lawyers Help Negotiate Technology Vendor Agreements in NY?

A skilled New York technology lawyer, such as Daniel Weberman, is crucial in negotiating your technology vendor agreements, ensuring your business’s interests are protected and your contracts are robust, clear, and compliant:

Risk Identification and Mitigation: Daniel will review your vendor agreements to identify hidden risks, such as unfavorable liability, indemnification, or termination terms, and negotiate changes to protect your company.
Customizing Contract Terms: He will tailor agreements to your needs, addressing issues like service levels, data privacy, intellectual property, and regulatory compliance, so the contract reflects your business goals and operational realities.
Negotiating Key Provisions: Your attorney will negotiate critical terms, including pricing, renewal, data security, performance standards, and remedies for breach, ensuring you don’t accept one-sided or ambiguous clauses that could harm your firm.
Ensuring Regulatory Compliance: Attorney Weberman will ensure your contracts comply with New York and federal laws, including privacy regulations, and industry standards for data security measures.

Experienced technology lawyers, such as Daniel Weberman, are essential for your organization to ensure you secure favorable terms, reduce risk, and ensure your firm’s vendor agreements support your long-term goals.